HomeMy WebLinkAboutB-1 Enterprise Corporation; 1993-11-05; U/M 93-71*
a
June 2, 1993
ADDENDUM NO. 1
BED/PROJECT NO.U/M 93-7-CURB,Gm & SIDEWALK
Please include the attached addendum in the Notice to Bidder/Request for Bids you hav
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid whe
your bid is submitted. +el4vz&
RUTH FLETCHER
Purchasing Officer
RF:m
Attachment
0
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
*
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
‘r *,
*I.
ADDENDUM No. 1
June 1, 1993
PROJECT NUMBER: U/M 93-7
PROJECT NAME: 1992-93 CURB, GUTTER, 81 SIDEWALK REPLACEMENT PROGRA
1.
2.
3.
Page 4 - DELETE and REPLACE with the attached page 4.
Page 5 - DELETE and REPLACE with the attached page 5.
Page 53 to end - CHANGE all location maps to read 1992-93 CURB, GUTTER,
SIDEWALK REPLACEMENT PROGRAM.
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If you have any questions, please contact Chuck Mitchell at 438-0218.
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TABLE OF CONTENTS Itern rn
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
CONTRACTOR’SPROPOSAL ........................................ 1
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 :
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . 1:
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . 11
8
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It
CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
LABOR AND MATERIALS BOND . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . 24
PERFORMANCEBOND ........................................... 2f
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2E
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
RELEASEFORM ............................................... 32
SPECIAL PROVISIONS
8
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
11. GENERAL PROVISIONS FOR THE 1992-93 CURB, GUTTER, & SIDEWALK
REPLACEMENT PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3:
111. SPECIFICATIONS FOR THE 1992-93 CURB, GUTTER, & SIDEWALK
REPLACEMENT PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
IV. LOCATION MAPS & STREET LISTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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I?? 1
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the
30th day of July, 1993, at which time they will be opened and read, for performing the
work as follows:
8
CONTMCT NO. U/M 93-7
1992-93 CURB, GUTTER, AND SIDEWALK REPLACEMENT PROGRAM
The work shall be performed in strict conformity with the specifications as approved by the
City Council of the City of Carlsbad on file with the Utilities & Maintenance Department.
The specifications for the work include the Standard Specifications of Public Works
Construction, (SSPWC) , 1991 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association and as amended by the special provisions sections of this contract. Reference
is hereby made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned
businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available and where
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required
by law. The bidder's security of the second and third next lowest responsive bidders maj
be withheld until the Contract has been fully executed. The security submitted by all othei
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aftei
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectior
22300), appropriate securities may be substituted for any obligation required by this notice
or for any monies withheld by the City to ensure performance under this Contract. Sectior
22300 of the Public Contract Code requires monies or securities to be deposited with thc
City or a state or federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
8
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
All bids will be compared on the basis of the EngineeJs Estimate. The estimated quantitie:
are approximate and serve solely as a basis for the comparison of bids. The Engineer'! @ Estimate is $125.000.
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No bid shall be accepted from a contractor who is not licensed in accordance with tf
provisions of California state law. The contractor shall state their license numbe
expiration date and classification in the proposal, under penalty of perjury, pursuant i
Business and Professions Code Section 7028.1 5. The following classifications ai
acceptable for this contract: A, C-8, C-12, C-32, in accordance with the provisions of sta
law.
If the Contractor intends to utilize the escrow agreement included in the contra
documents in lieu of the usual 10% retention from each payment, these documents mu
be completed and submitted with the signed contract. The escrow agreement may not I
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at tl:
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue
Carlsbad, California, for a non-refundable fee of $10.00 per set. If plans and specificatioi
are to be mailed, the cost for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any mini
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute tl
Contract shall be those as determined by the Director of Industrial Relations pursuant
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2
the Labor Code, a current copy of applicable wage rates is on file in the Office of tl
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay le
than the said specified prevailing rates of wages to all workers employed by him or her
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Cod
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 17:
shall apply to the Contract for work.
A pre-bid meeting will be held on Wednesday, June 16, 1993, at 1O:OO a.m. at tl
Utilities and Maintenance Administration Conference Room, 2075 Las Palmas Drih
Carlsbad, California. A tour of the project sites should be made prior to the pre-b
meeting.
All bids are to be computed on the basis of the given estimated quantities of work,
indicated in this proposal, times the unit price as submitted by the bidder. In case of
discrepancy between words and figures, the words shall prevail. In case of an error in tl
extension of a unit price, the corrected extension shall be calculated and the bids will 1
computed as indicated above and compared on the basis of the corrected totals.
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All prices must be in ink or typewritten. Changes or corrections may be crossed out and
typed or written in with ink and must be initialed in ink by a person authorized to sign for
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
to bidding. Submission of bids without acknowledgment of addenda may be cause of
rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers
and materials suppliers, in an amount equal to one hundred percent (100%) and fifty
percent (SO%), respectively, of the Contract price will be required for work on this project.
These bonds shall be kept in Eull force and effect during the course of this project, and shall
extend in full force and effect and be retained by the City until they are released as stated
in the Special Provisions section of this contract.
Bonds and insurance are to be placed with insurers that have (1) a rating in the most
recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business in
the State of California, and (3) are listed in the official publication of the Department of
Insurance of the State of California. Auto policies offered to meet the specification of this
contract must: (1) meet the conditions stated above for all insurance companies and (2)
cover any vehicle used in the performance of the contract, used onsite or offsite, whether
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a
company meeting the above standards with the exception that the Best's rating condition
is waived. The City does accept policies issued by the State Compensation Fund meeting
the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, California, by Resolution
No. 93-146 , adopted on the 28Eh day of May , 1993.
8
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20, /9?3 Date / Aletha L. Rautenkranz, City Clerk d
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4
L
CITY OF CARLSBAD
CONTRACT NO. U/M 93-7
CONTRACTOR’S PROPOSAL a
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read thc
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnisl
all labor, materials, equipment, transportation, and services required to do all the work tc
complete Contract No. U/M 93-7 for the 1992-93 CURB, GUTTER, AND SIDEWALE
REPLACEMENT PROGRAM in accordance with the Plans and Specifications of the City c
Carlsbad, and the Special Provisions and that he/she will take in full payment therefor th
following unit prices for each item complete, to wit:
Item Description with Approximate
Item Unit Price or Lump Sum Quantity unit
1. Curb and gutter removal 1,149 lin. ft. $ 2.00
No. Price in Words and Unit Price Total
$ 2,298.00
and disposal at TWO
dollars and ZERO
cents per lineal foot.
0
2. Sidewalk removal and 16,400 sq. $ .49 8,036.00 $ disposal at ZERO ft.
dollars and poRTp N1m
cents per square foot.
$ 945.00 3. Driveway approach removal 1,260 sq. ft. $ -75
and disposal at ZERO
dollars and SEVENTY FIVE
cents per square foot.
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REVISED
5
item Description with Approximate
Item Unit Price or Lump Sum Quantity unit
NO. Price in Words and Unit Price Total
4. Type "G" PCC curbs and 1,149 lin. ft. $ 19.99 $ 22,968.51
gutters installed including
fine grade complete in place
at NINETEEN dollars and
NINETY NINE cents per lineal
foot.
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16,400 sq. ft. $ 2.79 $ 45,756.00 5. 4" PPC sidewalks installed
including fine grade complete
in place at NO dollars
andsm NIt@nts per sqare
foot.
5-1/2" PPC driveway 1,260 sq. ft. $ 3.99 $ 5,027.40
approaches installed including
fine grade complete in place
at mE dollars and
square foot.
fine grade complete in place
at SIX dollars and
square foot.
at ZERO dollars and
square foot.
complete in place at SIX
dollars and NINETY NINE
cents per square foot.
6.
NINETY NINE cents per
$ 6.99 $ -0- 7. 6" PCC cross gutter including 0 sq. ft. e
NINETY NINE cents per
6" PCC cross gutter removal 0 sq. ft. $ -99 $ -0- 8.
NINETY NINE cents per
9. 6" PCC spandril including fine 0 sq. fi. $ 6.99 $ -0-
6" PCC spandril removal at 0 sq. ft. $ .99 $ -0- 10.
ZERO dollars and
NINETY NINE cents per
square foot.
Total amount of bid in words: EIGHTY FIVE TBOUSAND TBIRTY DOLLARS AND NIE:
ONE CENTS
Total amount of bid in numbers: $ 85,030 -91
Price(s) given above are firm for 90 days after date of bid opening.
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REVISED
6
has/have been received and is/are included in this Addendum(a) No(s). 1
proposal.
The Undersigned has checked carefully all of the above figures and understands that the
City will not be responsible for any error or omission on the part of the Undersigned in
preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed
to do business or act in the capacity of a contractor within the State of California, validly
licensed under license number 336407 , classification A & c-8 which expires
on 11-30-93 , and that this statement is true and correct and has the legal effect of
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant
to the Business and Professions Code shall be considered nonresponsive and shall be
rejected by the City. 5 7028.15(e). In all contracts where federal fun<<; are involved, no
bid submitted shall be invalidated by the failure of the bidder to be licemed in accordance
with California law. However, at the time the contract is awarded, the contractor shall
be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
*
*
1. That no Council member, officer agent, or employee -r City of Carlsbad is
personally interested, directly or indirectly, in th' me compensation to
be paid hereunder; that no representation, ori' ;, of the City Council,
its officers, agents, or employees has inductc ~er into this Contract,
excepting only those contained in this form of L-~., . . . ,,id the papers made a part
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or
fraud.
Accompanying this proposal is 10% Bidders Bond
(Cash, Certified Check, Bond or Cashier's Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this
Contract and continue to comply until the contract is complete. I)
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7
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article
2, relative to the general prevailing rate of wages for each craft or type of worker needed
to execute the Contract and agrees to comply with its provisions. *
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signature
must be made by a general partner) e
(3) Place of Business
(Street and Number)
City and State
Zip Code Telephone No.
I)
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted rn
(2)
il DiLello, President
Title
Impress Corporate Seal hc
(3) Incorporated under the laws of the State of California
(4) Place of Business 9605 Arrow Route, Suite E
(Street and Number)
Rancho Cucamonga, Ca. 91730 City and State
(5) Zip Code Telephone No. 909 987-1167 a
NOT- ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST 1
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if
corporation; if a partnership, list names of all general partners, and managing partner:
Neil DiLello: President, Secretary, Treasurer and Manager
31)
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9 SEE ATTACHED BID BOND
BIDDER’S BOND TO ACCOMPANY PROPOSAL
o KNOW ALL PERSONS BY THESE PRESENTS:
That we,
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as
follows: (must be at least ten percent (10%) of the bid amount)
for which payment, well and truly made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal for the 1992-93 CURB, GUTTER, AND SIDEWALK
REPLACEMENT PROGRAM, Contract No. U/M 93-7, in the City of Carlsbad, is accepted
by the City Council, and if the Principal shall duly enter into and execute a Contract
including required bonds and insurance policies within twenty (20) days from the date of
award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award, then this obligation shall become null and void; otherwise, it shall be and remain
in full force and effect, and the amount specified herein shall be forfeited to the said City.
, as Principal, and J
....
....
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....
....
....
....
....
....
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2/25/93 B:\93CNTS-2WLH93084.CNT
10
In the event Principal executed this bond as an individual, it is agreed that the death of
Principal shall not exonerate the Surety from its obligations under this bond.
0 Executed by PRINCIPAL this day of Executed by SURETY this day of
J 19-. > 19-.
PRINCIPAL: SURETY:
(Name of Principal) (Name of Surety)
By:
(sign here) (Address of Surety)
(print name here) (Telephone Number of Surety)
By:
(title and organization of signatory) torney-in-Fact
By:
(sign here) printed name of Attorney-in-Fact
(attach corporate resolution showing
current power of attorney)
-
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or wce-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
KAREN J. HIRATA
Deputy City Attorney
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F
Wausau *
Insurance Any correspondence in relat
bond should be directed to:
Wausau lnsui aim Comp:
Surety Underwriting 7000 Westwood Drive
Wausau. Wisconsin 5440
m ii companies
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, B-1 Enterprise Corporation
P. 0. Box 714
Rancho Cucamonga, Ca. 91730
(hereinafter called the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU I
a corporation orgamed and doing business under and by virtue of the laws ot the State of Wisconsin , and duly I
the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or autltori/ed by the law
A Mutual
California
held and firmly bound unto City of Carlsbad, Ca. (hereinafter called t
dfullsumof TEN PER CENT OF AMOUNT BID .........................
) lawful money of the United States of America, for the payment of which, well and
malie, we hereby bind ourselves and our heirs. executors. administrators and each of our successors and assigns,
severally, firmly by these presents.
-HE CONDITION OF TflIS OBLICATiON IS SUCH THAT. WIiEKEAS, the above bounden principal as aforesaid.
sidewalk replacement in various locations, Program # UM93'
10%
hand in and subnut to the obligee a bid or proposal for the Construction Of curb, gutter and
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting propos,
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awii
principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of E
required by law, then this obligation to be null dnd void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this
day of July . IO 93
EMPLOYERS INSURANCE OF WAUSAE,
S"Wt)A Mutual c
BY
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(P't 815-4228.1 3-81 PKTI). USA
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ORNlA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SEC
CAPACITY CLAIMED I
Though statute does not requir
fill in the data below, doing
invaluable to persons relying on
CORPORATE OFFICE
tate of California
County of Los Angeles
Tracy Aston, Notary Public
Ruth McCabe
NAME, TITLE OF OFFICER - E G "JANE DOE NOTARY PUBLIC"
7 ' 3 o ' 9 3 before me,
personally appeared ,
H personally known to me - OR - proved to me on the basis of satisfactory evidence
subscribed to tt le within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature@) on the instrument the person@),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand a
NAME(S) OF SIGNER(S) TITLE(S)
PARTNEW) 0 Llh
m Ai'rBR'qEY-'N-FAtT
0 TRUSTEE(S)
0 GUARDIANICONSER
to be the person(s) whose name(s) idare 0 GE
SIGNER IS REPRESEI
Employers Ins of Wausau, A
NAME OF PERSON(S) OR ENTIn
ComDanv
E IDOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES
SIGNEWS) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
i prevent fraudulent reattachment of this form
* mRs IWRA.+NCE OF M/AUSAU A Mutual Company
’ POWER OF ATTORNEY (FOR BID BONDS ONLY) , , 9.-
KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company. a corporation duly organized and existing ur the laws of the State of Wisconsin, and having its principal office in the City of Wausau. County of Marathon. Stat
Wisconsin, has made, constituted and appointed. and does by these presents make. constitute and appoint Ruth McCabe
a
its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name. place and stead, to exec seal, acknowledge and deliver ANY AND ALL BII) BONDS OR WRITTEN 1)OCUMENTS IKVOLVIXG RID GUAR, TEESORINTHENATURETHEREAmER ........................................
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- and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed v the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the E attorney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company ~ meeting duly called and held on the 18th day of May. 1973. which resolution is still in effect: “RESOLVED, that the President and any Vice President - elective or appointive - of EMPLOYERS INSURANCE WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualify the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAI Mutual Company bonds, undertakings and all contracts of suretyship: and that any secretary or assistant secretary and that each or any of them hereby is. authorized to attest the execution of any such power of attorney. and to atti thereto the seal of ZMFLOYERS INSURANCE OF WAUSAU A hlutuai Company.”
“FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUS’ A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, i any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and bind upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with resp to any bond, undertaking or contract of suretyship to which it is attached.” IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents tc
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signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST C
-.
EMPLOYERS INSURANCE OF WAUSAU A Mutual Company
/%&- Vice Pre
zm
J. Stephen Ryan @ ’ Attest: 4; 3 g R. J. Be Assistant Secretary
m STATE OF WISCONSIN ) E COUNTY OF MARATHON ) Q
0 J. Stephen Ryan 15 ’
0 ) ss.
LL On this 1ST day of MARCH
B
, 19 93 , before me personall!
, tome known, who being by me duly sworn, did, and say that he is a vice president of the EMPLOYERS iNSURANCE OF WAUSAU A Mutualcompany, the corporation described in and executed the above instrument; that he knows the seal of said corporation: that the seal affixed to said instrument is such corporate seal and that it affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year herein first above written. a -I
Q Patricia A. Kleman
NOTARY PUBLIC
STATE OF WISCONSIN z MY COMMISSION EXPIRES MAY 29, 1994 v, % STATE OF WISCONSIN i I CITY OF WAUSAU ) ss. l- COUNTY OF MARATHON )
3 &axe---,.,
- _.- .
6
CERTIFICATE
I, the undersigned. assistant secretary of EMPLOYERS INSURANCE OF WAUSAI’ A Mutual Company. a Wiscons corporation, do hereby certify that the foregoing and attached power o!‘attorney. WHICH MUST CONTAIN A VALIDA’ ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not be revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force.
Signed and sealed in the City of Wausau. Marathon County, State of Wisconsin, this d 30
93 ._-_ of July .19-.
R. J. Besteman Assistant Secrets - a
NOTE: IF YOU HAVE ANY QLTESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER ( AnORNEY, CALL. TOLL FREE (800) 826-1661. (IK WISCONSIN. CALI, (800) 472-0041)
815-4222-1 1092
11
DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors 0 in making up his/her bid and that the sub-contractors listed will be used for the work for
which they bid, subject to the approval of the City Engineer, and in accordance with
applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made in
these subcontractors except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each sub-contractor. Additional pages
can be attached if required:
Items of Complete Address Phone No.
with Area Code Work Full Company Name with Zip Code
NONE
0
*
B :\93CNTS-Z\HLH93084 CNT 2/25/93
12
AMOUNT OF SUBCONTRACTORS' BIDS
The bidder is to provide the following information on the subbids of all the listed
subcontractors as part of the sealed bid submission. Additional pages can be attached, if
required.
m
Type of State
Contracting Carlsbad Business Amount of Bid
Full Company Name License & No. License No." ($ or Oh)
NONE
* Licenses are renewable annually. If no valid license, indicate "NONE " Valid license
must be obtained prior to submission of signed Contracts.
rn
am
B.\93CNTS-2WLH93084 CNT 2/25/93
13
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
0 Bidder submits herewith a statement of financial responsibility.
I Jf &Jw
m
J.L
B \93CNTS-2WLH93084 CNT 2/25/93
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Date
Contract
Completed
SEE ATTAZHED
Name and Phone Amount
of the Employer to Contract Work Contract
Name and Address No. of Person Type of of
LIST OF REFERENCIZS
COMPLETED CONTRACT LIST OF REFERENCES B-1 ENTERPRISE CORPORATION
COMPLETION AGENCY CONTRACT AMOUNT PROJECT DESCRIPTION
Installation of Handicap Ramps 10-92 City of Irvine $124,912
P.O.Box 19575 CIP 5187 Irvine 92713
714 724-7677 Barbara Jaguzny
City of Agoura Hills $71,888 Construction of Wheelchair 12-92
a
30101 Agoura Court, Ste.102 Ramps NIB N92-02 Agoura Hills 91301
818 597-7335 Roy Kiepke
City of Burbank $106,360 Concrete Sidewalk Repair 12-92 275 E. Olive 11882 Burbank 91502
818 953-9517 Dale Wagner
City of Redondo Beach $14,147 .OO Wheelchair Ramps 9-92
415 Diamond St Project 87490
Redondo Beach 90277
310 318-0661 Mazin Azzawi
City of Baldwin Park 32,957.38 Sidewalk Installation 5-92 14403 E. Pacific Project CDBG 8278 Baldwin Park 91706 818 813-5255 x457 Wendy Lemm
City of Costa Mesa $725,618.10 1989-90 Parkway Maintenance 4-92 77 Fair Dr. & 1990-91 New Sidewalk 1/91-08 Costa Mesa 92628
714 754-5029 Tom Banks
City of Huntington Park $38,033.84 Construction of Bus Stop 12-91 6550 Miles Ave. Pads 1191-002 Huntington Park 90255
213 584-6253 Patrick Fu 0
Los Angeles County $28,273.60 Bus Pads RD342 6-91
900 S. Fremont CC1693
Alhambra 91803 818 458-3123
County of Orange/EMA $117,793.53 Curb & Gutter Repairs 4-91
10852 Douglass Rd. Anaheim 92806 714 567-6253 Lon Hanson
City of So. El Monte $34,600.00 Drainage & Sidewalk Construction 3-91
1415 N. Santa Anita So. El Monte 91733 818 579-6540 x217 Steve Henley
City of Barstow $26,273.10 1990 Ped Facilities Program 3-91
220 E. Mt. View Wheelchair Ramps 111421 Barstow 92311 Project 119340
619 256-3531 x 215 Amador
City of Lynwood 11330 Bullis Rd. #J 5-5125
Lynwood 90262 310 603-0220 Jose Molina
$1,026,778.54 Sidewalk Reconstruction Project 3-91
City of San Bernardino $33,106.90 Const.of Handicap Ramps 1-91
300 North D & Street Improvements 118226
San Bernardino 92418 714 384-5225 Jon Roberts
City of Alhambra $200,280.00 Bus Pads & Wheelchair Ramps 1-91
111 S. First St. N90-114
Alhambra 91801 818 570-5067 Claudine Noriega
*
1
NON-COLLUSION AFFIDAVIT TO BE EXECUTED - BY BIDDER AND SUBMJXTED WITH BID
State of California 1
County of 1
) ss.
San Bernardino
Neil DiLello , being first duly sworn, deposes
(Name of Bidder)
and says that he dfbhk is Pres iden t
(Title)
of B-1 ENTERPRISE CORPORATION
(Name of Firm)
the party making the foregoing bid; that the bid is not mde in the intp-st of, or on behz
of, any undisclosed person, partnership, company, as. in, or corporatioi
that the bid is genuine and not collusive or shan as not directly (
indirectly induced or solicited any other bidder to put in a mse cIr snam bid, and has nc
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyor
shall refrain from bidding that the bidder has not in any manner, directly or indirect1
sought by agreement communication, or conference with anyone to fix the bid price, or (
that of any other bidder, or to fix any overhead, profit, or cost element of advantai
against the public body awarding the contract of anyone interested in the propost
contract; that all statements contained in the bid are true; and further, that the bidder hi
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or tl.
contents thereof, or divulged information or data relative thereto, or paid, and will not pa
any fee to any corporation, partnership, company association, organization, bid depositor
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that
affidavit was executed on the 2 day of
,, ..
SEE ATTACHED ACKNOWLEDGEMENT Subscnbed and sworn to before me on the
(NOTARY SEAL)
Signature of Notary rn
8:\93CNE-2WLH93084.CNT 2/25/
0
(NAME TITLE OF OFFICER - I E , "JANE DOE, NOTARY PUBLIC')
State ()f California
July 29, 1993 before me, Barbara A. Thomason '
personally appeared Neil DiLello CAPACITY CLAIMED BY
(NAME(S) OF SIGNER(S)) 0 INDIVIDUAL(S)
0 CORPORATE
OFFICER(S) -
9 0 PARTNER@) ('
0 ATTORNEY IN FACT
0 TRUSTEE(S)
GUARDIAN/CONSE
0 OTHER:
[3rpersonally known to me - OR - 72 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub-
scribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the SIGNER 1s REPRESENT] person(s) acted, executed the instrument. (NAME OF PERSON(S) OR ENTITI
THIS CERTl Fl CATE
MlJST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer($ Other Than Named Above
Date of Document
WGL 1- JAM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FlNGERPRINT-Rev 12-92 019
z,
0 comer - PUBLIC WORKS
This agreement is made this L Afi day of
of Carlsbad, California, a municipal corp
is 9605 Arrow Route Suite E , Rancho Cucamonga CA 91730
993. by and between the C
fter called Uy"), and
whose principal place of busin B-1 Enterprise Corporation
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contr,
documents for the 1992-93 CURB, GUTTER, AND SIDEWALK REPLACEME1
PROGRAM, Contract No. U/M 93-7 (hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materk
tools, equipment, and personnel to perform the work specified by the Contr;
Do cumen t s .
Contract Documents. The Contract Documents consist of this Contract, Not
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation
Subcontractors, Bidder's Statements of Financial Responsibility and Techni
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans a
Specifications, the Special Provisions, and all proper amendments and chanj
made thereto in accordance with this Contract or the Plans and Specificatio
and all bonds for the project; all of which are incorporated herein by t
reference.
Contractor, her/his subcontractors, and materials suppliers shall provide a
install the work as indicated, specified, and implied by the Contract Documer
Any items of work not indicated or specified, but which are essential to 1
completion of the work, shall be provided at the Contractor's expense to ful
the intent of said documents. In all instances through the life of the Contrz
the City will be the interpreter of the intent of the Contract Documents, and 1
City's decision relative to said intent will be final and binding. Failure of 1
Contractor to apprise subcontractors and materials suppliers of this condition
the Contract will not relieve responsibility of compliance.
Payment. For all compensation for Contractor's performance of work under t
Contract, City shall make payment to the Contractor per Section 9-3 of 1
Standard Specifications for Public Works Construction (SSPWC) 1991 Editic
and the latest supplement, hereinafter designated "SSPWC", as issued by 1
Southern California Chapter of the American Public Works Association, and
amended by the Special Provisions section of this contract. The closure date
each monthly invoice will be the 30th of each month. Invoices from 1
2.
3.
0
4.
m
B:\93CNTS-2WLH93084.CNT 2/21
1
Contractor shall be submitted according to the required City format to the Ciq
assigned project manager no later than the 5th day of each month. Paymen
will be delayed if invoices are received after the 5th of each month. The fin
retention amount shall not be released until the expiration of thirty-five (3i
days following the recording of the Notice of Completion pursuant to Californ
Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to 1
set forth in the terms of the contract. Below is such a summary. Howevf
contractor should refer to Public Contract Code section 20104.50 for a comple
statement of the law.
The city shall make progress payments within 30 days after receipt of i
undisputed and properly submitted payment request from a contractor on
construction contract. If payment is not made within 30 days after receipt of i
undisputed and properly submitted payment request, then the city shall p(
interest to the contractor equivalent to the legal rate set forth in subdivision (
of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable aft
receipt, determine whether the payment request is a proper payment request.
the city determines that the payment request is not proper, then the request sh;
be returned to the contractor as soon as practicable but not later than seven (
days after receipt. The returned request shall be accompanied by a docume
setting forth in writing the reasons why the payment request was not proper
If the city fails to return the denied request within the seven (7) day time lim
then the number of days available to the city to make payment without incurrii
interest shall be reduced by the number of days by which the city exceeds t:
seven (7) day return requirement.
"Progress payment" includes all payments due contractors except that portion
the final payment designated by the contract as "retention earnings".
Independent Investization. Contractor has made an independent investigation
the jobsite, the soil conditions at the jobsite, and all other conditions that mig
affect the progress of the work, and is aware of those conditions. The Contr;
price includes payment for all work that may be done by Contractor, wheth
anticipated or not, in order to overcome underground conditions. A
information that may have been furnished to Contractor by City abo
underground conditions or other job conditions is for Contractor's convenien
only, and City does not warrant that the conditions are as thus indicate
Contractor is satisfied with all job conditions, including underground conditio
and has not relied on information furnished by City.
0
a
5.
0
B:\93CNTS-2WLH93084.CNT 2/25
1
6. Contractor Responsible for Unforeseen Conditions. Contractor shall 1
responsible for all loss or damage arising out of the nature of the work or fro
the action of the elements or from any unforeseen 'difficulties which may arise I
be encountered in the prosecution of the work until its acceptance by the Cit
Contractor shall also be responsible for expenses incurred in the suspension 1
discontinuance of the work. However, Contractor shall not be responsible fi
reasonable delays in the completion of the work caused by acts of God, storn
weather, extra work, or matters which the specifications expressly stipulate w
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves diggii
trenches or other excavations that extend deeper than four feet below the surfa
Contractor shall promptly, and before the following conditions are disturbe
notify City, in writing, of any:
A. Material that Contractor believes may be material that is hazardous wast
as defined in Section 251 17 of the Health and Safety Code, that is requirc
to be removed to a Class I, Class IT, or Class 111 disposal site in accordan
with provisions of existing law.
Subsurface or latent physical conditions at the site differing from tho
indicated.
Unknown physical conditions at the site of any unusual nature, differe
materially from those ordinarily encountered and generally recognized
inherent in work of the character provided for in the contract.
a
7.
B.
C.
0
City shall promptly investigate the conditions, and if it finds that the conditio
do materially so differ, or do involve hazardous waste, and cause a decrease
increase in contractor's costs of, or the time required for, performance of any p~
of the work shall issue a change order under the procedures described in tl:
contract.
In the event that a dispute arises between City and Contractor whether tl
conditions materially differ, or involve hazardous waste, or cause a decrease
increase in the contractor's cost of, or time required for, performance of any pz
of the work, contractor shall not be excused from any scheduled completion da
provided for by the contract, but shall proceed with all work to be perform(
under the contract. Contractor shall retain any and all rights provided either 1
contract or by law which pertain to the resolution of disputes and prote:
between the contracting parties.
0
B:\93CNTS-2VILH93084.CNT 2/25,
1
Change Orders. City may, without affecting the validity of the Contract, ordf
changes, modifications and extra work by issuance of written change order
Contractor shall make no change in the work without the issuance of a writte
change order, and Contractor shall not be entitled to compensation for any exti
work performed unless the City has issued a written change order designating i
advance the amount of additional compensation to be paid for the work. If
change order deletes any work, the Contract price shall be reduced by a fair an
reasonable amount. If the parties are unable to agree on the amount (
reduction, the work shall nevertheless proceed and the amount shall 1
determined by litigation. The only person authorized to order changes or exti
work is the Project Manager. The written change order must be executed by tk
City Manager or the City Council pursuant to Carlsbad Municipal Code Sectic
3.28.172.
Imminration Reform and Control Act. Contractor certifies he is aware of tk
requirements of the Immigration Reform and Control Act of 1986 (8 US
Sections 11 01 -1 525) and has complied and will comply with these requirement
including, but not limited to, verifying the eligibility for employment of i
agents, employees, subcontractors, and consultants that are included in th
Contract .
Prevailing WaEe. Pursuant to the California Labor Code, the director of tl
Department of Industrial Relations has determined the general prevailing rate I
per diem wages in accordance with California Labor Code, Section 1773 and
copy of a schedule of said general prevailing wage rates is on file in the office 1
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant .
California Labor Code, Section 1775, Contractor shall pay prevailing wage
Contractor shall post copies of all applicable prevailing wages on the job site,
Indemnification. Contractor shall assume the defense of, pay all expenses 1
defense, and indemnify and hold harmless the City, and its officers ar
employees, from all claims, loss, damage, injury and liability of every kind, natu
and description, directly or indirectly arising from or in connection with tl
performance of the Contractor or work; or from any failure or alleged failure c
Contractor to comply with any applicable law, rules or regulations includh
those relating to safety and health; except for loss or damage which was caw
solely by the active negligence of the City; and from any and all claims, 10s
damages, injury and liability, howsoever the same may be caused, resultii
directly or indirectly from the nature of the work covered by the Contract, unle
the loss or damage was caused solely by the active negligence of the City. TI
expenses of defense include all costs and expenses including attorneys fees fi
litigation, arbitration, or other dispute resolution method.
8.
0
9.
10.
11.
0
B:\93CNTS-ZWLH93084.CNT 2/25
c L
12. Insurance. Contractor shall procure and maintain for the duration of the contra
insurance against claims for injuries to persons or damage to property which mi
arise from or in connection with the performance of the work hereunder by tl
Contractor, his agents, representatives, employees or subcontractors. Sa
insurance shall meet the City's policy for insurance as stated in Resolution N
a
91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types
coverages and minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily inju
and property damage. If the policy has an aggregate limit,
separate aggregate in the amounts specified shall be established f
the risks for which the City or its agents, officers or employees ai
additional insureds.
2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury ai
property damage. In addition, the auto policy must cover 3
vehicle used in the performance of the contract, used onsite
offsite, whether owned, non-owned or hired, and wheth
scheduled or non-scheduled. The auto insurance certificate mt
state the coverage is for "any auto" and cannot be limited in ai
manner.
Workers' Compensation and Emdoyers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of tl
State of California and Employers' Liability limits of $1,000,000 p
incident. Workers' compensation offered by the Sta
Compensation Insurance Fund is acceptable to the City.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies
insurance required under this agreement contain, or are endorsed
contain, the following provisions.
Liability Coverages:
1.
e
3.
General Liability and Automobj
The City, its officials, employees and volunteers are to be coverr
as additional insureds as respects: liability arising out of activiti
performed by or on behalf of the Contractor; products ai
completed operations of the contractor; premises owned, lease
hired or borrowed by the contractor. The coverage shall conta
no special limitations on the scope of protection afforded to tl
City, its officials, employees or volunteers. 0
B:\93CNTS-2WLH93084.CNT 2/25,
2
The Contractor's insurance coverage shall be primary insurance i
respects the City, its officials, employees and volunteers. Ar
insurance or self-insurance maintained by the City, its official
employees or volunteers shall be in excess of the contractor
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies sk
not affect coverage provided to the City, its officials, employees (
volunteers.
Coverage shall state that the contractor's insurance shall app
separately to each insured against whom claim is made or suit
brought, except with respect to the limits of the insurer's liabilit
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims mad
basis, coverage shall be maintained for a period of three years following tl
date of completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by th
agreement shall be endorsed to state that coverage shall not be suspende
voided, canceled, or reduced in coverage or limits except after thirty (3(
days' prior written notice has been given to the City by certified ma
return receipt requested.
2. a
3.
4.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - AI e
deductibles or self-insured retention levels must be declared to a1
approved by the City. At the option of the City, either: the insurer sk
reduce or eliminate such deductibles or self-insured retention levels ,
respects the City, its officials and employees; or the contractor shall procu
a bond guaranteeing payment of losses and related investigation, clai
administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required under tk
agreement shall contain a waiver of all rights of subrogation the insur
may have or may acquire against the City or any of its officials I
employees.
SUBCONTRACTORS - Contractor shall include all subcontractors as insure1
under its policies or shall furnish separate certificates and endorsements f;
each subcontractor. Coverages for subcontractors shall be subject to all
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure
that have a rating in Best's Key Rating Guide of at least A-:V, and a
authorized to do business within the State of California and are included
the official publication of the Department of Insurance of the State
California as allowed under the standards specified in by the City Counc
Resolution No. 91-403 .
(F)
(G)
a
B:\93CNTS-2WLH93084.CNT 2/25
c L
(I) VERIFICATION OF COVERAGE - Contractor shall furnish the City Wii
certificates of insurance and original endorsements affecting coveraj
required by this clause. The certificates and endorsements for ea(
insurance policy are to be signed by a person authorized by that insurer
bind coverage on its behalf. The certificates and endorsements are to be
forms approved by the City and are to be received and approved by the Ci
before work commences.
COST OF INSURANCE - The Cost of all insurance required under tE
agreement shall be included in the Contractor's bid.
0
(J)
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall 1
resolved in accordance with the provisions in the Public Contract Code, Divisic
2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which a
incorporated by reference. The contractor shall initially submit all claims ov
$375,000 to the city using the informal dispute resolution process described
Public Contract Code subsections 20104.2 (a), (c), (d). Notwithstanding tl
provisions of this section of the contract, all claims shall comply with tl
Government Tort Claims Act (section 900 et seq of the California Governme
Code) for any claim or cause of action for money or damages prior to filing ai
lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at no cc
to the City, upon request, records in accordance with Sections 1776 and 1812
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does n
maintain the records at Contractor's principal place of business as specific
above, Contractor shall so inform the City by certified letter accompanying tl
return of this Contract. Contractor shall notify the City by certified mail of ai
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wi
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check m;
be substituted for any monies withheld by the City to secure performance of tf
contract for any obligation established by this contract. Any other security th
is mutually agreed to by the Contractor and the City may be substituted f
monies withheld to ensure performance under this Contract.
Provisions Required by Law Deemed Inserted. Each and every provision of la
and clause required by law to be inserted in this Contract shall be deemed to 1
inserted herein and included herein, and if, through mistake or otherwise, ai
such provision is not inserted, or is not correctly inserted, then upon applicatic
of either party, the Contract shall forthwith be physically amended to make SUI
insertion or correction.
14. 0
15.
16.
17.
a ....
B:\93CNTS-2WLH93084.CNT 2/25,
2
Additional Provisions. Any additional provisions of this agreement are set fort
in the "General Provisions" or "Special Provisions" attached hereto and made
part hereof.
18. a
B-1 ENTERPRISE CORPORATION
NOTARIAL ACKNOWLEDGEMENT OF Contractor
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
[COWORA'I;E SEAL)
Neil DiLello, President
Print Name of Signatory
APPROVED TO AS TO FORM:
Print Name of Signatory
RONALD R. BALL
City Attorney
By:
Signature of Signatory 0
% \' /b d Title
&N J. HIRATA
Deputy City Attorney
ATTEST:
City Clerk
rn
B:\93CNTS-2WLH93084.CNT 2/=/
0
\
(NAME, TITLE OF OFFICER - I.E.. "JANE DOE, NOTARY PUBLIC")
State of California
County of San Bernardino
~ On October 28, 1993 before me, Barbara A. momason
(DATE)
personally appeared Neil DiLello CAPACITY CLAIMED E
Z CORPORATE -
(NAME(S) OF SIGNER(S)) 0 INDIVIDUAL(S)
B-1 Enterprise
AlTEhlTlON NOTARY The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unautl
Carlsbad Contract Agreement Documei THIS CERTi FI CATE
IvlUST BE ATACHED
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Date of Document -ro THE DOCUMENT
WOLCOiTS FORM 63240-ALL PURPOSE ACKNOWLEDGMENi WITH SIGNER CAPACITY/REPRESENTATION/FINGERPRl~-ReV. 12-92 6
Bond $127-97-77
Premim included .
the Performance €3
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution pi
(hereinafter designated as the "Principal"), Contract for the 1992-93 CURB, GUTTER, AND SIDEWALK REPLACEMENT PROGRAl
Contract No. U/M 93-7, in the City of Carlsbad, in strict conformity with the drawings ai
specifications, and other Contract Documents now on file in the Office of the City Clerk
the City of Carlsbad and all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the ten
thereof require the furnishing of a bond, providing that if Principal or any of thc
subcontractors shall fail to pay for any materials, provisions, provender or other suppli
or teams used in, upon or about the performance of the work agreed to be done, or for a:
work or labor done thereon of any kind, the Surety on this bond will pay the same to t
extent hereinafter set forth.
NOW, THEREFORE, WE, B-1 Enterprise Corporation
Principal, (hereinafter designated as the "Contractor"), and
LABOR AND MATERIALS BOND 8
93-272 , adopted September 28 1993 , has awarded to
rise CorDoration
J Insurance Campany of tl as Surety, are held firmly bound unto the City of Carlsbad in the sum
Dollars ($ 42,515.46 ), said sum being fifty percent (50%) of the estimatl amount payable by the City of Carlsbad under the terms of the Contract, for whi
payment well and truly to be made we bind ourselves, our heirs, executors ai
administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/h
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams us(
in, upon, for, or about the performance of the work contracted to be done, or for any 0th
work or labor thereon of any kind, or for amounts due under the Unemployment Insuran
Code with respect to such work or labor, or for any amounts required to be deducte
withheld, and paid over to the Employment Development Department from the wages
employees of the contractor and subcontractors pursuant to Section 13020 of tl
Unemployment Insurance Code with respect to such work and labor that the Surety w
pay for the same, not to exceed the sum specified in the bond, and, also, in case suit
brought upon the bond, costs and reasonable expenses and fees, including reasonab
attorney's fees, to be fixed by the court, as required by the provisions of Section 3248
the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporatio
entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencir
with Section 3082).
Fortv Two Thousand Five Hundred Fifteen Dollars and 46/100 8
8
2/25/ B:\93CNTS-2WLH93084.CNT
2
In the event that Contractor is an individual, it is agreed that the death of any suc
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 28th Executed by SURETY this 18th day of
day of October ,1993. October ,1993.
8
CONTRACTOR: SURETY:
B-1 Enterprise Corporation nwxcance company of the West
1111 East Katella it250
Orange, Ca. 92667
(Name of Surety)
(Address of Surety)
Neil DiLello, President
(print name here)
+4 -~ (title and organization of signatory)
C. Michael Henley a
(sign here) Printed name of Attorney-in-FacF
(attach corporate resolution showir
current power of attorney)
‘8 By:
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 01
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary und
corporate seal empowering that officer to bind the corporation.)
I APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: + %.jtlJJ+- v
KAREN J. HIRATA
Deputy City Attorney e
B.\93CNTS-ZWLH93084.CNT U2S/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGM~N I - OFTONALSECT
CAPACITY CLAIMED '
Though ~.hrt.dOl.. nd mh
flll In Um drtm bow. ddng I
J hv8lu.bhtapuwmdyhga
personally appeared P. M1'chiw 1 wev * 17 COFPORATEOFFIC
Vicki L. Breunig
1 bbte of California
Countyof bs hqeles
,.rJ:t, 18, 1993 before me, n INDIVIDUAL DATE WAG. mu OF swn - Ea,=YNs DOE wrnrnr m
~6(5)QyuiRo persmally known to me - OR - =proved tD me on the basis of satisfactory evidence w to be the person@ whose namew is/dTS 0 PAR~ER(S)
subscribed to !he within instrument and ac-
knowledged to me that he- executed
the same in his- authorized-
signature@$ on the instrument the persono, or the entity upon behalf of which the person(y3 acted, executed the instrument.
Witness my hand and official seal.
0 mnORNN-IN-FAC,
TRUSTEE(S) capacity('& and that by his- a GUARDIANCONSEF n OTHER:
SIGNER IS REPRESE
PUME -,OR Emm,
_Ic7est
7 Insurance Coripny J [ &MaL I $ - j/A&,&,q/'&,f iA fl
-/ vicki L. B~~~~~ SGNATUURE Of ?YE NOTAR -- OPTIONAL SECTlON
MIS CE RTIFICATE MUST BE AlTACHED TO PaYinent Bond #127-97-77 to '
of Carlsbad (B-1 Enterprise THE DOCUMEM DESCRIBED AT RiGKT: NumberofPages 'TWO (2) Date of Document 1 O/G
Pcqtl the dad f€Jqmed reg 5 T1 wcwec * w,
t EL~ Teen! f&Lle? ea~ne? st ?s 'om
Trtle or Type of Document
N/A Signer(s) Other Than Named Above -
u~aum-u~b~ bwvirmw ur inn vvcai
HOME OFFICE: SAN DIEGO. CALIFORNIA
Certified Copy of
POWER OF ATTORNEY 0 KNOW ALL WEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporatic authorized and existing under the laws of the State of California and having its pr office in tha City of Scn DTegc, Ccliferniz, does hsreby nominate, constitute and ap
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby confe its name, place and stead, to execute, seal, acknowledge and deliver any and all undertakings, recognizances or other written obligations in the hature thereof.
This Power of Attorriay is granted and is signed and sealed by facsimile under and authority of the following Resolution adopted by the Board of Directors of Ih COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February which said Resolution has not been amended or rescinded and of which the followi true. full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorn Fact to reprssent and act for and on behalf of tha Company, and either the Presi Secretary, the Board of Directors or Executive Committee may at any time rarno! Attornays-in-Faet and revoka tha Power of Attorney given him or her; and be it a*.- I VI t: RESOLVED: That the Attorney-in-Fact my Sa given full power to execute for ai;c name of and on behaalr^ of the Company any and all bonds and undertakings as the bvsi the Company may require, and any such bonds or undertakings executed by any such At in-Fact shall be as binding upon the CcmpcJny QS if signed by the President and sea attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to t untcl affixed and thess presents to ge signed by its duly authorized offics 11th day of July, 1989.
C. MICXAEL €lEXGEY
INSURANCE COMPANY OF THE WEST 0 a' ,+c3-tG k
0 STATE COUNTY OF OF CALIFORNIA SAN DIEGO SS: 0 ;m* President 3 Q.Q, , 4- -
'&IF OR*\'
before the subscriber, a Notary Public of tt On *.his 11th day of july, 1989 of California, in and for the County of San Diego, duly comissioned and qualifi< BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally k
be the individual and officer described in and who executed the preceding instrurnc he acknowledged the execution of the same, and being by me duly sworn, deposeth and that ha is the said officer of the Corporation aforesaid. and that the seal affixec preceding instrument is the Corporate Seal of the said Corporation, and that t Corporate Seal and his signature as such .officer were duly affixed and subscribe1 said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at t
P? sxi .,E D=GO ?-. ,jrr cx.+rv SE y F&qdG/ Notary Pub ic
COUIVTY OF SAN DIEGO
I, the undersigned, JAMES W. AUSTIN, 111, Secretary of INSURANCE COMPANY OF THE hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a fu: and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and aff
orporate Seal of the Corporation, thls 18th day of October '9 93 a- y-7 v Secretary
ccj.
I): [$G&%\, p-&)
\3 4,*i*, ,,I+/!! ICW CAL 37(REV. 5/87) \d' zlu'z '
FAITHFUL PERFORMANCE/WARRANTY BOND Bond #127-9; a Premium: $1
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution PI
93-272 , adopted September 28, 1993 , has awarded to B-l Enterprise Cor
, (hereinafter designated as the "Principal"), a Contract fort
1992-93 CURB, GUTTER, AND SIDEWALK REPLACEMENT PROGRAM, Contract No. U/
93-7, in the City of Carlsbad, in strict conformity with the contract, the drawings a
specifications, and other Contract Documents now on file in the Office of the City Clerk
the City of Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the ten
thereof require the furnishing of a bond for the faithful performance and warranty of sa
Contract;
NOW, THEREFORE, WE, B-l Enterprise Gorp , as Princip(
(hereinafter designated as the "Contractor"), and
, as Surety, are held and firmly bound unto the City of Carlsbad, in t sum of Eiqhty Five Thousand Thirty dollars and 91 /lo0
), said sum being equal to one hundred perce
(100%) of the estimated amount of the Contract, to be paid to City or its certain attornc
its successors and assigns; for which payment, well and truly to be made, we bii
ourselves, our heirs, executors and administrators, successors or assigns, jointly ai
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractc
their heirs, executors, administrators, successors or assigns, shall in all things stand to ax
abide by, and well and truly keep and perform the covenants, conditions, and agreemen
in the Contract and any alteration thereof made as therein provided on their part, to 1
kept and performed at the time and in the manner therein specified, and in all respec
according to their true intent and meaning, and shall indemnify and save harmless the Ci
of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligatic:
shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specific
therefor, there shall be included costs and reasonable expenses and fees, includii
reasonable attorney's fees, incurred by the City in successfully enforcing such obligatio
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to tk
terms of the Contract, or to the work to be performed thereunder or the specificatior
accompanying the same shall affect its obligations on this bond, and it does hereby waii
notice of any change, extension of time, alterations or addition to the terms of the contra1
or to the work or to the specifications.
Insurance Cawany of the est
Dollars($ 85,030.91
a
B:\93CNTS-2\HLH93084.CNT w25/
2
In the event that Contractor is an individual, it is agreed that the death of any SUC
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 28th Executed by SURETY this Bthday of
day of October ,1993. October ,1993.
CONTRACTOR: SURETY:
B-1 Enterprise Corporation Insurance Corrpany of the West
(Name of Surety)
1111 East Katella #250
Orange, Ca. 92667
(Address of Surety)
Neil DiLello, President
(print name here)
(title and organization of signatory)
e. i6chael Henley
/ (sign here) Printed name of Attorney-in-Fact
(attach corporate resolution s&
current power of attorney)
0 BY:
I
(print name here)
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only 01
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary und
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: I p.--- pp/.L- I&
( KAREN J. HIRAYA
* Deputy City Attorney
0
B :\93CNTS-2WLH93084.CNT 2/29
--ruI'u.(A #sLL-- Ab#WlVWLtUI1Mt(rll - - OpTymUsEm
CAPAmClAlMED
--m--mm
Vicki L. Breunig
de d California -*- 4 sc. 18, 1993 bekrnm,
PMMny pppe-d C. Michael Henley
om wrmua--to,-wrcDcCmT4mlClLF
yyLoQcpyBw -
krouvlwd b me tha! he-executed
the entity upon behalf of which the
rsarff3j acted, executed the instrument.
tness my hand and offii seal.
OPTIONAL SECTION
Title or Type of Document MIS CERTIFICATE MUST BE AITACXED TO
THE WCUMEKT DESCRIBED AT iuo.TT:
m'b awed here s mi recrrred by taw,
6 a& pavetXfrardulerlreaWmwx d Spform
Performance Bond #127-97-77 of Is d (B-1 Entemr Numberofpages ?tn~, ( 2) 6%* 0PBocurnent 1 n71
N/A Signer(s) Other Than Named Above
Barbara A. Thomason
(NAME TITLE OF OFFICER I E "JANE DOE NOTARY PUBLIC")
2 of California
On
personally appeared (NAME(S) OF SIGNER(S)) 0 INDIVIDUAL(S)
October 28s 1993 before me,
Neil DiLello
3 CORPORATE __
(NAME OF PERSON(S) OR EN1
B-1 Enterprise
Date of Document TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
WOLCOnS FDRM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACiPliREPRESENTATlON/FlNGERPRl~-R~V 12-92 <
UY~UKA~YGC Luivirmw ur im vvcai
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
%OW ALL MEN SY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporatic authorized and existing under the laws of the State of California ar;d having its pr office in the City of Scn 5iego. CalTfornia, does heraby nominate, cmstitute =nd cg
its true and lawful Attorney(s)-in-Fact, with full power and authority hersby confe its name, place and stead, to execute, seal, acknowledge and deliver any and all undertakings, recognkances or other written obligcti-ons in the fiature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under und authority of the following Resolution adopted by the Board of Directors of Ih COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February which said Resolution has not been amended or rescinded and of which the folloyi true, full, cnd complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorr Fcct to represent and act for and on behalf of the Company, and either the Presi Secretary, the Board of Directors or Executive Committee may at any time remo- Attornays-in-FotZ oi;d rovoka tha Power ef Attemey given hiiii er her; ond 3s it fiirt: RESOLVED: That the Attorney-in-Fact may be given full power to execute for anc name of and on behalf of the Company any and all bonds and undertakings as the bus2 the Company may require, and any such bonds or undertakings executed by any such At in-Fcct shall be as binding upon the Ccmpany os if signed by the President and sea attsstsd by ths Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to t unto affixed and these presents to be signod by its duly authorized office 11th day of July, 1989.
c. MICJST, €TENLEY
INSURANCE COMPANY OF THE WEST (=-) * *ow+o %
President 5 *4*m ,. ,%e -r
C4llfOU*\~
before the subscriber, a Notary Public of tt On *.his 11th day of july, 1989 of California, in and for the County of San Diego, duly commissioned and qualifii BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally k be the individual and officer described in and who executed the preceding instrurnc he acknowledged the execution of the same, and being by me duly sworn, deposeth anc that he is tha said officer of the Corporation aforesaid, and that the seal affixec prec:eding instrument is the Corporate Seal of the said Corporation, and that t Corporate Seal and his signature as such .officer were duly affixed and subscribe! saitl instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand ana affixed my Official Seal. at 1
0 STATE COUNTY OF OF CALIFORNIA SAN DIEGO SS: o.;Bk /
Ci'lC ,IL iE4k
:?;c'?;i I>Z,:ZE ;,-
SAN D<!X CaChrY <&obfl/ Notary PubYic .,
I, the undersigned, JAMES W. AUSTIN, 111, Secretary of INSURANCE COMPANY OF THE hermeby certify that the original POWER OF ATTORNEY, of which th2 foregoing is a fu: and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and off orporate Seal of the Corporation, this 18th day of October 1993 - cu! Secretary -7 e e\,\, -, L@w--!A
\ %\wl.q 1
\ll/i I c4!;fcPx\' /'
ICW CAL 37(REV. 5/87)
-
Rolllins Hudig Hall of So.
Ca I i f. ATTN: MAUREEN
10 Universal City Plaza, #3400
Uniiversal City, CA 91608-1002
818-509-6634
Atitn: Barbara Thomason
P. 0. Box 714
Rancho Cucamonga
2024-02-055 176
LL OWNED AUTOS
CHEDULED AUTOS
2024-03-055 176
UPTION OF OPERATIONSILOCATK)NslVMICLES&PEClAL ITEMS
~l'd any of the above described policies be cancel led before the expiration
3 thereof, the issuing company will mail 30 days written notice by regist-
20'0 Carlsbad Vi1 Iage Drive
~r Isbad, CA 92008-1989
SPECIAL CONDITIONS AS RESPECTS GENERAL AND AUTOMOBILE LIABILITY
ThE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, WITH WAIVER OF
RIGHT OF CONTRIBUTION AND WAIVER OF RIGHT OF RECOVERY AGAINST THE
CERTIFICATE HOLDER, BUT ONLY AS RESPECTS TO LIABILITY ARISING OUT
OF THE WORK PERFORMED FOR THEM EY TEiE NAMED INSURED ON JOB:
RESOLUTION NO. 93-272
SPECIAL CONDITIONS AS RESPECTS GENERAL AND AUTOMOBILE LIABILITY
ThE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, WITH WAIVER OF
RIGHT OF CONTRIBUTION AND WAIVER OF RIGHT OF RECOVERY AGAINST THE
OF THE WORK PERFORMED FOR THEM EY ThE NAMED INSURED ON JOB:
CERTIFICATE HOLDER, BUT ONLY AS RESPECTS TO LIABILITY ARISING OUT
RESOLUTION NO. 93-272
IC'
POLICY NO: 2024-02-055176 AUTO LIABILITY
"his enQraenreat is e&Fecike 10-19-93 and will teaminate with the poky. It is issued by the comppny chigaat mtbcDecbhm& - Auotherprovisionsofthepo~rrmain~d
TIB[IsEM)~c€€AN~TBEpoLIcY. PLFAsERFADJTtxRmmLY. 0
Waiver of Subrogation Endorsement
ThiSd0-t mOdi6e.S dprovidedlmder the fOkW'hgCW~8 formS iftha PdClIh Coventge formhas k4l
made a part of the policy:
BUSINESS AUTO CoVERAciE FORM GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
A. The follawingis added to the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Cmditknx
Wa hve eq I?;$& of recovq we may heve against the pason or organizalian shown in the Schedde becanse of
paymmb WB make ulldex I-uBmrY COrnGE.
orteamulw * -onofthisendorsementorthepolicy.
B. Thepfemhun fm this endatsement is a :minimum premium charge and shall Ibe rtgined by us m the event of canceUntir
scbdule
lhnim s
Qassc3cis 7000
DESIGNATED PERSON OR ORGANIZATION
Resolution No. 93-272 @ City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
WAS404 Issued: 01-88
0
I
POLICY NO: 2024-00-055176
This endorsement is effective 10-19-93 in tbe Declarations. All 0th provision^ of the policy runain umhsmgd andwilltermhte with the policy. It h issued by the company &@
TEIIs ENDORSEMENT CHANGES TIE POLICY. pL;EAsE READ lT txmmJLLy,
Designated Project Endorsement
{Owner)
0
This endorsement modifies insUrsnce p&&d under the folIowing:
COMMERCIAL GEPEFUL I;IABIIsry COYERAGE PART
1. WE0 IS AN INSURED (SectionII) is amended to include as an insured the pe~n or 0rgHniPltion shovvnin the
Schedule, but dy with respect to liability arising aut of "your wcnk" for that insured by ar for you.
2. We waive ;my ria of recovery we may have against the person or orgmization shown in the Schedule because of
pay- we make for hjnry or hnzge arising otrt sf "your workr done rids zt matract with thzt per~an or
organization. The waiver applies dy to the person 01 orgauization shown in the Schedule.
3. We waive any right to contriion we may have against the person or organization shown in the !khedde fiom my
insumace. vhich may be available to that person or organization. The waiver applies ody to the pon or orgsnizatio
shown in t6e S&edUle.
Cancellation. We may umcel this Coverage Part by mailing ta the persaa cx organization shown in the Schedule writ
notice of camxilation at least:
A. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;
B. The nllmber of days Shawn in the schedule before the effective date of cancellation if we cancel for any other IW
This agnement appfies only to the person or organization shown in the Schedule.
5. The coverage afforded by this endorsement does not apply to "bodily &jury' or "property damage' included in the
"products/ccmpeted opaatiom hazard* unless .such coverage is requited by an "insured contract" between you and th
additional insured shown in the Schedule abova.
4.
0
Schedule
Date of No. of
Names of Additional Insureds Description of Job or Project certifie Days
Resolution No. 93-272 10-19-93 30 city of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008-1989
GLo119 Issued: 11-88
e
-.
10 Universal City Plaza, #3400
Universal City, CA 91608-1002
818-509-6634
Rancho CUC amonga
S & CONTRACTOR'S PROT.
ALL OWNED AUTOS
SCHEDULED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
LMBRELLA FORM
LMPLOYCW' LImLBLITv
Construction of handicap ramps at various locations, File No. 7.37-78
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEA
City of Sin Bernardino
Dept. of Public Works
300 North D Street
City of CarIsbad
Purchasing Department a Representation and Certification
The following representation and certification are to be completed, signed and returned with proposi
REPRESENTATIONS: Mark all applicable blanks.
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
I am currently certified by:
Certification #:
CERTIFICATION OF BUSINES!
REPRESENTA TI0 N(S) :
Mark all applicable blanks. This offeror re
as a part of this offer that:
This firm is , is not x arr
business.
This firm is , isnot x aw
owned business.
DE FI NITIO NS :
MINO RIN 8 USINESS ENTERPRISE: "Minority
Business" is defined as a business, at least 51 WOMAN-OWNED BUSINESS: A womi
ercent of which is owned, operated and controlled business is a business of which at least 5
y minority group members, or in the case of is owned, controlled and operated by a v
publicly owned businesses, at least 51 percent of women. Controlled is defined as exerc power to make policy decisions. Opc which is owned, operated and controlled by minority group members. The Small Business Administration defined as actually involved in the d
defines the socially and economically disadvantaged management.
(minorities) as Black American, Hispanic American,
Native Americans (Le. American Indian, Eskimos,
Aleuts and Native Hawaiians), and Asian-Pacific
Americans (i.e., US. Citizens whose origins are from
Japan, China, the Philippines, Vietnam, Korea,
Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and
Taiwan).
C ERTlFlCA TI0 N:
The information furnished is certified to be factual and correct as of the date submitted.
e
B-1 ENTERPRISE CORPORATION NEIL DiLELLO
COMPANY NAME NAME
P.O.Box 714
9605 Arrow Route, Suite E
Rancho Cucamonga, Ca. 91730
ADDRESS
el", STATE AND ZIP
909 987-1167 October 28, 1993
TELEPHONE NUMBER DATE
B:\93CNTSZWLH93084,CNT 2/25
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
e
This Escrow Agreement is made and entered into by and between the City of Carlsbz
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaftc
called 'Gty'' and who:
address is
hereinafter called Tontractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agrt
as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of Californi
the contractor has the option to deposit securities with the Escrow Agent as
substitute for retention earnings required to be withheld by the City pursuant 1
the Construction Contract entered into between the City and Contractor for
dated (hereinafter referred to as the "Contract"). Alternatively, c
written request of the contractor, the owner shall make payments of the retentic
earnings directly to the escrow agent. When the Contractor deposits tl
securities as a substitute for Contract earnings, the Escrow Agent shall notify t€
City within 10 days of the deposit. The market value of the securities at the tin
of the substitution shall be a least equal to the cash amount then required to 1
withheld as retention under the terms of the contract between the City ar
Contractor. Securities shall be held in the name of the , and sk
designate the Contractor as the beneficial owner.
The City shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contra
provisions, provided that the Escrow Agent holds securities in the form ar
amount specified above.
When the City makes payment of retentions earned directly to the escrow ager
the escrow agent shall hold them for the benefit of the contractor until such tin
as the escrow created under this contract is terminated. The contractor m;
direct the investment of the payments into securities. All terms and conditio]
of this agreement and the rights and responsibilities of the parties shall be
equally applicable and binding when the City pays the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurrt
by the Escrow Agent in administering the Escrow Account and all expenses of tl
of the City. These expenses and payment terms shall be determined by the Cit
in the amount of
0
2.
3.
4.
0 Contractor and Escrow Agent.
B:\93CNTS-2WLH93084.CNT 2/23
3
The interest earned on the securities or the money market accounts held i
escrow and all interest earned on that interest shall be for the sole account (
Contractor and shall be subject to withdrawal by Contractor at any time and fro]
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in tk
Escrow Account only by written notice to Escrow Agent accompanied by &tte
authorization from City to the Escrow Agent that City consents to the withdraw;
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default f
the Contractor. Upon seven days’ written notice to the Escrow Agent from tl
City of the default, the Escrow Agent shall immediately convert the securities 1
cash and shall distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifymg that the Contract
final and complete and that the Contractor has complied with all requiremen
and procedures applicable to the Contract, the Escrow Agent shall release 1
Contractor all securities and interest on deposit less escrow fees and charges I
the Escrow Account. The escrow shall be closed immediately upon disbursemei
of all moneys and securities on deposit and payments of fees and charges.
The Escrow Agent shall rely on the written notifications from the City and t€ contractor pursuant to Sections (4) to (6), inclusive, of this agreement and t€
City and Contractor shall hold Escrow Agent harmless from Escrow Ageni
release, conversion and disbursement of the securities and interest as set fon
above.
5. a
6.
7.
8.
9.
0
....
....
....
....
....
....
....
....
....
....
....
....
B:\93CNTS-ZWLH93084.CNT 2/25
3
The names of the persons who are authorized to give written notices or t
receive written notice on behalf of the City and on behalf of Contractor i
connection with the foregoing, and exemplars of their respective signatures ar
as follows:
For City: Title
10. e
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
0
e
B:\93CNTS-2WLH93084.CNT 2/25/
3:
At the time the Escrow Account is opened, the City and Contractor shall deliver to thl
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer
on the date first set forth above.
0
For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
0
0
B:\93CNTS-2\HLH93084.CNT 2/25/
3
RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensatic
of whatever nature due the Contractor for all labor and materials furnished and for a
work performed on the above-referenced project for the period specified above with tk
exception of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may hav
of whatever type or nature, for the period specified which is not shown as a retentic
amount of a disputed claim on this form. This release and waiver has been mat
voluntarily by Contractor without any fraud, duress or undue influence by any person (
entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, ar
work due Subcontractors for the specified period have been paid in full and that the parti1
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By:
Title:
By:
Title:
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SPECIAL
PROVISIONS 0
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
a
1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," 'kcheduled," or words of simila
import are used, it shall be understood that reference is made to the plans accompanyin;
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, i
shall be understood that the direction, designation or selection of the Engineer is intended
unless stated otherwise. The word "requiredg and words of similar import shall bl
understood to mean "as required to properly complete the work as required and a
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar impor
are used, it shall be understood such words are followed by the expression "in the opinioi
of the Engineer," unless otherwise stated. Where the words "approved," "approval,
"acceptance," or words of similar import are used, it shall be understood that the approval
acceptance, or similar import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expense
shall perform all operations, labor, tools and equipment, and further, including th
furnishing and installing of materials that are indicated, specified or required to mean tha
the Contractor, at her/his expense, shall furnish and install the work, complete in place ani
ready to use, including furnishing of necessary labor, materials, tools, equipment, ani
transportation.
e
1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Utilities & Maintenance Director for the City of Carlsbad or his approve
representative
B:\93CNTS-2WLH93084.CNT 2/25/5
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24 CONTRACXBONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful peiformance/warranty bond and payment bond
(labor and materials bond) for this contract. The faithful performance/warranty bond shall
be in the amount of 100 percent of the contract price and the payment bond shall be in
the amount of 50 percent of the contract price. Both bonds shall extend in full force and
effect and be retained by the city during the course of this project until they are released
according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 35 days after recordation of the Notice of Completion and will remain in full force
and effect for the one year warranty period. and until all warranty repairs are completed
to the satisfaction of the city engineer.
The payment bond shall be released six monrhs plus 35 days after recordation of the Notice
of Completion if all claims have been paid.
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide of
at least A-:V and are authorized to conduct business in the state of California and are listed
in the official publication of the Department of Insurance of the State of California.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Works
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designated
"SSPWC", as issued by the Southern Califclrnia Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
The Construction Plans consist of a location listing and map delineating the work areas
which are further detailed herein. The standard drawings utilized for this project are the
latest edition of the San Diego Area Re~onal Standard Drawinzs, hereinafter designated
SDRS, as issued by the San Diego County Department of Public Works, together with the
City of Carlsbad Supplemental Standard Drawings.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's
direction, the Contractor shall obtain and distribute the necessary copies of such
instruction, including two (2) copies to the City.
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To Section 2-5, add:
d) 2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set c
transparent sepias, which shall be corrected daily and show every change from the origin:
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipmeni
underground piping, valves, and all other work not visible at surface grade. Prints for thi
purpose may be obtained from the City at cost. This set of drawings shall be kept on th
job and shall be used only as a record set and shall be delivered to the Engineer up0
completion of the work.
3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claim by the contractor for $375,000 or less shall be resolved in accordance with th
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
5 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-fil
thousand dollars ($375,000) or less which arise between a contractor and a local agenc:
(2) This article shall not apply to any claims resulting from a contract between
contractor and a public agency when the public agency has elected to resolve any disputt
pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
0
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Cik
Code, except that "public work' does not include any work or improvement contracted fc
by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (E
payment of money or damages arising from work done by or on behalf of the contract(
pursuant to the contract for a public work and payment of which is not otherwise express
provided for or the claimant is not otherwise entitled to, or (C) an amount the paymei
of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans (
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
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Q 20104.2. Claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this
subdivision is intended to extend the time lirnit or supersede notice requirements otherwise
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall
respond in writing to any written claim within 45 days of receipt of the claim, or may
request, in writing, within 30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims the local agency may have against
the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 15 days after receipt of the further documentation or
within a period of time no greater than that taken by the claimant in producing the
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in
writing to all written claims within 60 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional documentation supporting
the claim or relating to defenses or claims th.e local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days aifter receipt of the further documentation, or
within a period of time no greater than that taken by the claimant in producing the
additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails
to respond within the time prescribed, the claimant may so notify the local agency, in
writing, either within 15 days of receipt of the local agency’s response or within 15 days
of the local agency’s failure to respond within the time prescribed, respectively, and
demand an informal conference to meet and confer for settlement of the issues in dispute.
Upon a demand, the local agency shall schedule a meet and confer conference within 30
days for settlement of the dispute.
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(e) If following the meet and confer conference the claim or any portion remains ir
dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Sectior
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 ol
the Government Code. For purposes of those provisions, the running of the period of thnc
within which a claim must be filed shall be tolled from the time the claimant submits hi:
or her written claim pursuant to subdivision (a) until the time the claim is denied
including any period of time utilized by the meet and confer conference.
5 20104.4. Procedures for avil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subjec
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsivt
pleadings, the court shall submit the matter to nonbinding mediation unless waived b!
mutual stipulation of both parties. The mediation process shall provide for the selectiol
within 15 days by both parties of a disinterested third person as mediator, shall bc
commenced within 30 days of the submittal, and shall be concluded within 15 days fron
the commencement of the mediation unless a time requirement is extended upon a goo(
cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratioi
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of thi
Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civi
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title :
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under thi
subdivision consistent with the rules pertaining to judicial arbitration.
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part :
of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced ii
construction law, and (B) any party appealing an arbitration award who does not obtaii
a more favorable judgment shall, in addition to payment of costs and fees under tha
chapter, also pay the attorney’s fees on appeal of the other party.
3 20104.6.
arbitration award or judgment
Payment by local agency of undisputed portion of claim; interest on
(a) No local agency shall fail to pay money as to any portion of a claim which i
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg:
rate on any arbitration award or judgment. The interest shall begin to accrue on the dat
the suit is filed in a court of law.
3 20104.8. Duration of article; application of article to contracts between Jan. 1,199
and Jan. 1,1994
(a) This article shall remain in effect only until January 1, 1994, and as of that date j
repealed, unless a later enacted statute, which is enacted before January 1, 1994, delete
or extends that date.
B:\93CNTS-2\HLH93084.CNT YW!
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(b) As stated in subdivision (c) of Section 20104, any contract entered into between
January 1, 1991, and January 1, 1994, which[ is subject to this article shall incorporate this
article. To that end, these contracts shall be subject to this article even if this article is
repealed pursuant to subdivision (a).
4-1 MATERIALS AND WORKMANSHIP
To Section 4-1 -3.1 , Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative.
The Engineer shall have free access to any or all parts of work at any time. Contractor
shall furnish Engineer with such information as may be necessary to keep her/him fully
informed regarding progress and manner of work and character of materials. Inspection
of work shall not relieve Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing
materials and/or workmanship where the results of such tests meet or exceed the
requirements indicated in the Standard Specifications and the Special Provisions. The cost
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be
approved by him before the delivery is started. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after trial, it is found
that sources of supply which have been approved do not furnish a uniform product, or if
the product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. After improper storage, handling or any
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and
the SSPWC. Compaction tests may be made by the City and all costs for tests that meet
or exceed the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engineer.
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans or
specifications upon written order by the Engineer. Any cost caused by reason of this
nonconforming work shall be borne by the Contractor.
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5-1 LOCATION
@ Add the following:
The City of Carlsbad and affected utility companies have, by a search of known records
endeavored to locate and indicate on the Plans, all utilities which exist within the limit:
of the work. However, the accuracy of completeness of the utilities indicated on the Plan:
is not guaranteed.
54 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including servicl
connection, desired by the Contractor for his/her own convenience shall be the Contractor'
own responsibility, and he/she shall make all arrangements regarding such work at no cos
to the City. If delays occur due to utilities relocations which were not shown on the Plan:
it will be solely the City's option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties ti
relocate utilities which interfere with the construction, the Contractor, upon request to th
City, may be permitted to temporarily omit the portion of work affected by the utility. Th
portion thus omitted shall be constructed by the Contractor immediately following th
relocation of the utility involved unless otherwise directed by the City. 0 6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and
submit at the time of the project preconstruction meeting a
detailed critical path method (CPM) project schedule. This
schedule is subject to the review and approval of the City.
2. The schedule shall show a complete sequence of
construction activities, identifymg work for the complete
project in addition to work requiring separate stages, as well
as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50%
and 90% completion, and any other major construction
milestones, materials and equipment manufacture and
delivery, logic ties, float dates, and duration.
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3. The prime contractor shall revise and resubmit for approval
the schedule as required by City when progress is not in
compliance with the original schedule. The prime
contractor shall submit revised project schedules with each
and every application for monthly progress payment
identifylng changes since the previous version of the
schedule,
4. The schedule shall indicate estimated percentage of
completion for each item of work at each and every
submission.
The failure of the prime contractor to submit, maintain, or
revise the aforementioned schedule (s) shall enable City, at
its sole election, to withholid up to 10% of the monthly
progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the
prime contractor and approved by City as to completeness
and conformance with the aforementioned provisions.
5.
No changes shall be made to the construction schedule without the prior written approval
of the Engineer. Any progress payments made after the scheduled Completion date shall
not constitute a waiver of this paragraph oir any damages.
Coordination with the respective utility company for removal or relocation of conflicting
utilities shall be requirements prior to commencement of work by the Contractor.
6-7 TIME OF COMPLETION
The Contractor shall begin work within five (5) calendar days after receipt of the "Notice
to Proceed" and shall diligently prosecute the work to completion within twenty-five (25)
work days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and
sunset, from Mondays through Fridays. ThLe contractor shall obtain the approval of the
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of
the Engineer. This written permission must be obtained at least 48 hours prior to such
work. The Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion"
and any faulty work or materials discovered during the guarantee period shall be repaired
or replaced by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period.
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6-9 LIQUIDATED DAMAGES
Modifv this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250 per da
for each day beyond the completion date as liquidated damages for the delay. An
progress payments made after the specified completion date shall not constitute a wah
of this paragraph or of any damages.
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide (
at least A-:V and are authorized to conduct business in the state of California and are listc
in the official publication of the Department of Insurance of the State of California.
74 WORKERS’ COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in t€
state of California and are listed in the official publication of the Department of Insuranc of the State of California. Policies issued by the State Compensation Fund meet t€
requirement for workers’ compensation insurance.
7-5 PERMITS 0
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-wa
grading, and building permits necessary to perform work for this contract on City propert
in streets, highways (except State highway right-of-way), railways or other rights-of-wa
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working da
at the City‘s request.
Add the following to Section 7-8:
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7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers
in good repair when in use on the project with special attention to City Noise Control
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safew and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work
and shall comply with all applicable provisions of Federal, State and Municipal safety laws
and building codes to prevent accidents or injury to persons on, about, or adjacent to the
premises where the work is being performed. He/she shall erect and properly maintain at
all time, as required by the conditions and progress of the work, all necessary safeguards
for the protection of workers and public, and shall use danger signs warning against
hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and
Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel beds,
for use in the proposed construction project which would be subject to Section 1601 or
Section 1603 of the Fish and Game Code, such conditions or modifications established
pursuant to Section 1601 of the Fish and Game Code shall become conditions of the
contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount
of retention.
10 SURVEYrPJG
Contractor shall employ a licensed land surveyor or registered civil engineer to perform
necessary surveying for this project. Requirements of the Contractor pertaining to this item
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying
service within appropriate items of proposal. No separate payment will be made.
2/25/93 B:\93CNTS-2WLH93084.CNT
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Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 5(
intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, header:
sewers, storm drains, and structures (4 comers min.). Rough grade as required to satisf
cut of fill to finished grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown lh
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Sectia 8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencir
construction of surveyed item.
11 WATER FOR CON!STRUClTON
The Contractor shall obtain a construction meter for water utilized during the constructic
under this contract. The Contractor shall contact the appropriate water agency fc
requirements. The contractor shall include the cost of water and meter rental with
appropriate items of the proposal. No separate payment will be made.
0
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11. GENERAL PROVISIONS FOR
1991-92 CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM
1. STANDARD SPECIFICATIONS
Standard specifications incorporated in the requirements of the specifications by
reference shall be those of the latest edition at the time of receiving bids. It shall be
understood that the manufacturers or producers of materials so required either have
such specifications available for reference or are fully familiar with their requirements
as pertaining to their product or material.
2. SUBSTITUTION OF MATERIALS
The Proposal of the Bidder shall be in strict conformity with the drawings and
specifications and based upon the item indicated or specified. The Contractor may
offer a substitution for any material, apparatus, equipment or process indicated or
specified by patent or proprietary names or by names of manufacturer which the
Contractor considers equal in every respect to those indicated or specified. The offer,
made in writing, shall include proof of the State Fire Marshal's approval (if required),
all necessary information, specifications and data. If required, the Contractor, at the
Contractor's own expense, shall have the proposed substitute, material, apparatus,
equipment or process tested as to its quality and strength, it physical, chemical or
other characteristics, and its durability, finish, or efficiency, by a testing laboratory
as selected by the City. If the substitute offered is not deemed to be equal to that so
indicated or specified, then the Contractor shall furnish, erect, or install the material,
apparatus, equipment or process indicated or specified. Such substitution of proposals
shall be made prior to beginning of construction, if possible, but in no case less than
ten (10) days prior to actual installation.
3. QUANTITIES IN THE SCHEDULE
A. The quantities given in the proplosal by the City for unit price items, are for
comparing bids and may vary from the actual final quantities. Some quantities
may be increased and others may be decreased or entirely eliminated. No claim
shall be made against the City hr damage occasioned thereby or for loss of
anticipated profits, the Contractor being entitled only to compensation for the
actual work done at the unit prices bid.
The City reserves and shall have the right, when confronted with unpredicted
conditions, unforeseen events, or emergencies, to increase or decrease the
quantities of work to be performed under a bid unit price item or to entirely omit
the performance thereof, and upon the decision of the City to do so, the Utilities
and Maintenance Director will direct the Contractor to proceed with the said
work as so modified. If an increase in the quantity of work so ordered should
result in a delay to the work, the Contractor will be given an equivalent
extension of time. A Change Order must be issued prior to any change in work
in accordance with the Contract, ]!tern 8.
B.
B:\93CNTS-2VILH93084 CNT U/M REV. 5/18/93
47
Before ordering any materials or doing any work, the Contractor shall verify all measurements, dimensions, elevations, and quantities. No extra charge 01
compensations over and above payment for the actual quantities of the various
items of work will be allowed because of difference between actual
measurements, dimensions, elevations, and quantities and those indicated in the
specifications; or if certain items of work have not been included in the Bid
Proposal. Any difference therein shall be submitted to the Utilities and
Maintenance Director for consideration before proceeding with the work.
0
4. UTILITIES
A. Utilities for the purpose of these specifications shall be considered as including
but not limited to pipe lines, conduits, transmission lines, and appurtenances 0:
"Public Utilities" (as defined in the Public Utilities Act of the State of California:
or individually solely for their own use or for the use of their tenants, and stom
drains, sanitary sewers, and street lighting. It shall be the responsibility of thc
Contractor to determine the exact location and elevation of all utilities and theii
service connections. The Contractor shall make own investigation as to thc
locations, type, kind of material, age and condition of existing utilities and theii
appurtenances and service connections which may be affected by this Contrac
work, and in addition the Contractor shall notify the City as to any utility
appurtenances, and service connections located which have been incorrectl;
shown on or omitted from any plans used in the location of said utilities.
B. The Contractor shall notify the owners of all utilities at least 48 hours in advancc
of excavating around any of the structures. At the completion of the Contrac
work, the Contractor shall leave all utilities and appurtenances in a conditio1
satisfactory to the owners and to the City. In the event of damage to any utility
the Contractor shall notify the owners of the utility immediately. It is thc
responsibility of the Contractor to compensate for utility damages.
C. The temporary or permanent relocation or alteration of utilities, including servicc
connections, desired by the Contractor for own convenience shall be thc
Contractor's own responsibility, and shall make all arrangements regarding sucl
work at no cost to the City. If delays occur due to utility relocations which werc
not shown on the Plans, it will be solely the City's option to extend thc
completion date.
D. All costs involved in locating, protecting and supporting of all utility lines shal
be included in the price bid for various times of work and no additional paymen
will be made.
The Contractor shall notify Underground Service Alert far enough in advance o
the work to allow marking of the utility locations at the various sites. Contract0
shall comply with all applicable laws in regard to excavation near undergrounc
utilities.
G. It shall be the responsibility of the Contractor to protect all existing utilities.
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48
5. TRAFFIC CONTROL DEVICES
A. The Contractor shall provide and iixtall all traffic control devices required by the
Traffic Control Plan including "No Parking - Tow Away Zone" construction signs.
Signs shall be placed a minimum of 72 hours prior to the start of work in
accordance with the provisions of the Traffic Control Plan and shall be posted at
intervals of not more than 100 feet on both sides of the block affected by the
work.
Tow-away of vehicles in violation of the "No Parking" signs will be handled by
the Carlsbad Police Department. The City assumes no liability in connection with
movement of vehicles by the Contractor.
C. All temporary signing shall be removed as soon as the work areas are complete
and are accepted by the Utilities and Maintenance Director.
B.
6. PROPERTY OWNER NOTIFICATION
A. Notwithstanding any other or concurrent notification by the City of the work
operations, the Contractor will notify residences and businesses of work utilizing
a notification method approved by the Utilities and Maintenance Director.
Notices shall be left on or at the front door of each dwelling or commercial unit
abutting the work areas. This shall be done two (2) days prior to placement of
"No Parking" signs (5 days prior to start of work). The Contractor shall be
required to insert dates and estimated times of work. If the work is delayed or
rescheduled for any reason after pliacement of "NO Parking" signs or distribution
of notification letters, the Contractor shall re-date the signs affected and
redistribute notification letters.
Payment for the placement of the "No Parking" signs and notices shall be
considered included in the bid price paid for the work and no additional payment
will be made therefor.
B.
C.
B:\93CNTS-ZWLH93084.CNT U/M REV. 5/20/93
4!
III. SPECIFICATIONS FOR
1991-92 CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM 0
1. MATERIAL REMOVAL AND DISPOSAL
A. All pavement, root and other material removal shall conform to Section 300-1 c
the SSPWC and to these special provisions.
B. All concrete or pavement removals shall be made along a saw cut or a weakene
plane joint. All sawcutting for monolithic concrete to be included in the bi
price. The extent of th
pavement removals will be marked in the field by the Utilities and Maintenanc
Inspector.
C. All removals shall become the responsibility of the Contractor and shall b
disposed of at a legal dump site.
D. Removal, cutting and clearing of all tree stumps and roots shall be th
responsibility of the Contractor.
E. Payment for the concrete removals including asphalt removals necessary to fon
new gutters and all material disposal shall be considered included in the un
price bid for this item. No additional compensation will be made therefor.
The basis measurement shall be made on the horizontal sidewalk, curb and guttc
ares. The removal of asphalt concrete in the roadway necessary to form guttei
will not be considered in the payment of the pavement removal item.
No additional payments will be made therefor.
F. 0
2. CONSTRUCTION
Curb, Gutter and Sidewalk
A. The construction of concrete sidewalk and curb and gutter shall conform 1
the requirements of Section 303-5 and 201-1 of the SSPWC and the:
special provisions. Six sack mix shall be used for all concrete per the Cil
of Carlsbad Standards.
The repair of the driveway aprons shall be included under the driveway bi
item.
San Diego Regional Standard Drawing G-14.1 shall be modified by tk
substitution of the following:
B.
"5-1/2" thickness in place of the 4" thickness for
residential driveway and 7-1/2" thickness in place of
the 6" thickness for commercial driveway. Driveway
aprons will be the same thickness as driveways." e
B:\93CNTS-2WLH93084.CNT U/M REV. 511~
JW
C. Curbs and gutters, sidewalks and driveway aprons shall be replaced in kind
with the existing surrounding improvements and according to the San
Diego Regional Standards Number G-2, G-7-1 and G-14-1.
D. Payment for the concrete curb and gutters and sidewalks shall be considered included in the unit price bid for these items. Existing handicap
ramps shall be replaced by the Contractor and should be included in the
bid. No additional compensations will be made therefor.
Base material under sidewalks, curbs, gutters and driveway approaches shall
be compacted prior to the new installation.
E.
Asp ha1 t Concrete
A. Asphalt concrete shall conform to the requirements of Section 203 and 302
of the SSPWC and to these Special Provisions.
Asphalt concrete shall be Type 1-B-AR-4000.
A tack coat shall be applied to all abutting concrete surfaces at the rate of
0.10 gal/SY. The tack coat shall be Type SS1 asphaltic emulsion.
Asphalt concrete in roadwa:y sections shall be removed by saw cut six
inches (6") from gutter lip and parallel to portion being removed with a
two inch (2") overlap at both ends.
Asphalt concrete roadway sections shall be replaced with a minimum
thickness of three inches (3"') after compaction of the base material.
Compensation for the asphalt concrete complete and in place shall be
considered included in the unit price bid for the curb and gutter. No
additional compensation will be made therefor.
B.
C.
D.
E.
F.
Root Barriers
A. Where required, the Contraci:or shall be responsible for the installation of
root barriers provided by the (City at specified locations. Installation will be
in accordance with the manufacturer's specifications, provided by the City,
and the Utilities and Maintenance Director.
3. CLEAN-UP
A. Clean-up and dust control shall conform to the requirements of Section 7-8.1 of
the SSPWC and to the Special Provisions section of the Contract Documents.
B. Compensation for site clean-up and dust control shall be considered included in
the unit bid prices for the various items of work. No additional payment will be
made therefor.
U/M REV. 5/18/93 B:\93CNTS-2WLH93084.CNT
5:
4. MISCELLANEOUS
A. The contractor shall be responsible for setting all meter boxes. Bid amount shal
include contractor‘s labor costs. Meter boxes will be provided by the City
Contractor shall install meter boxes per City of Carlsbad standards using six sac1
mix concrete.
e
0
a
B:\93CNTS-2WLH93084.CNT U/M REV. 5/1W
C c
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LOCATION
MAPS
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STREET
LISTING
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B:\93CNTS-2WLH93084.CNT U/M REV. 5/1w
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September 13, 1994
B-1 Enterprise Corporation
9605 Arrow Route, Suite E Rancho Cucamonga, CA 91730
Re: Bond Release - Project No. U/M 93-7 - 1992-93 Curb, Gutter (
Sidewalk Replacement Program
The Notice of Completion for the above-referenced project 1
recorded. Therefore, per instructions from our Community Servic Department we are releasing 75% of the Performance Bond. Pie(
consider this letter as your notification that $63,773.18
Insurance Co. of the West Performance Bond No. 127-97-77 is her1 released.
A copy of the recorded Notice of Completion is enclosed for y'
records.
&&z Assis a C' Clerk
Enc.
c: Heidi, Com. Services
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E
0
21 0
Recording requested by:
When recorded mail to:
CITY OF CARLSBAD
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space above for Recorder's Use
NOTICE OF COMPLETION
N&se is j78pb" , ~~~JCq a.--. that:
1.
2.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter descr
The full name of the undersigned is City of Carlsbad, a municipal corporation.
Ths iilii adciiess sf the uiidaisigiied is 7260 Carisbad Viiiage Drive, Carisbad, Caiifcmia, 92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on
Ami1 4. 1994
The name of the contractor, if any, for such work of improvement is 8-1 Enterprise Corporation
The property on which said work of improvement was completed is in the City of Carlsbad, County
Diego, State of California, and is described as follows:
1992-93 Curb, Gutter, and Sidewalk Replacement Program, Contract No. U/M 93-7
n 3.
8. The street address of said property is NONE
(if none assigned, insert "h
Community Services Director
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008; tt
Council of said City on June 14. 1994 , 1994, accepted the described wmk as comp!eted and dsred that a Notice e? Comp!etioz be fi!&
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 15 , 1994 at Carlsbad, California.
CITY OF CARLS
-- -
erk
June 21, 1994
B-1 Enterprise Corporation
9605 Arrow Route, Suite E Rancho Cucamonga, CA 91730
Re: Change Order No. 1 for the 1992-93 Curb, Gutter, and
Sidewalk Replacement Program, Contract No. U/M 93-7.
The Carlsbad City Council, at its meeting of June 14, 1994, adopt Resolution No. 94-156, approving a contract change order modifyi the unit quantities and total contract amount for the 1992-93 Cur
Gutter, and Sidewalk Replacement Program, Contract No. U/M 93-7
Enclosed please find a copy of the fully executed change order a a copy of Resolution No. 94-156 for your files. &6 I---- CMC
Assis an Cit Clerk
KRK: ijp
Enclosures
TOO Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E
0 UI I 1 VI wr\i~~-v3MU e c
- PROJECT: 1992-93 CURE, GUTTER, AND SIDEWALK REPLACEMENT PROGRAM
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. U/M 93-7 P.O. NO. 16533 ACCOUNT NO. 152-820-5110-2411
CONTRACTOR: 6-1 Enterprise Corporation
ADDRESS: 9605 Arrow Rt, Ste E, Rancho Cucamonga, CA 91730
The Contractor is directed to make the following changes as described herein. Change
include all labor, materials, equipment, contract time extension, and all other goods and sc
required to implement this change. Payment stated on this change order includes all ct-
direct or indirect, arising out of this additional work and is expressly agreed between tt
and the Contractor to be the complete and final costs hereof. The requirements
specifications, where pertinent and not in conflict with this change order, shall apply to
changes. This change order is not effective unless signed by the City Manager and,
Mayor.
Item 1 : Add 794 sq ft of sidewalk for removal and replacement for a total cost of $2,604.32.
Item 2: Add 115 If of curb and gutter for removal and replacement for a total cost of $2,528.85.
Item 3: Add 55 sq ft of driveway approach for removal and replacement for a total cost of $260.70.
Item 4: Add $4,860.22 due to calculation errors.
Estimated Increase to Contract Cost . . . . . . . $1 0,254.09
TOTAL ESTIMATED INCREASE TO CONTRACT COST . . . . . . . . . . . . $10,254.09
B ‘\QSCNTS 3\HLH94185 AGB
CONTRACT SHALL NO 9 OF ALL WORK UNDER T w I IMt tUK COMPLE ... I~CREASED.
RECOMMENDED BY:
5. / f - $ J m.1
STREET SUPERINTENDENT (DATE)
- 57-4.lsy
k $&&ALL- Glldl%f
COMM. SV'CS. DI&CTOR (DATE)
F~ANCE DIRECTOR (DATE)
I
DISTRI BUTlON
CONTRACT FILE (ORIGINAL)
PURCHASING (W/P.O. CHANGE ORDER)
FINANCE
CMWD
CONTRACTOR
B \93CNTS-3\HLH94185 AGB
COMPANY CANOGA PARK, CALIFORNIA 91309
LETTER A TRANSCONTINENTAL INSURANCE COMPAN
COMPANY INSURED L~ER B VALLEY FORGE INSURANCE COMPANY
COMPANY L~ER C TRANSPORTATION INSURANCE COMPANY B-1 ENTERPRISE CORPORATION
COMPANY
LETTER D
COMPANY LmER E
P.O. BOX 714 RANCHO CUCAMONGA, CALIFORNIA 91730
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 7
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LIMITS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDNY) TYPE OF INSURANCE POLICY NUMBER co LTR
* e e
w - WWED INSURED: -1 ENTERPRISE CORPORATION **.rr-bm.rlCY POLICY NO: C0123073799
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LlABlLlN COVERAGE PART
WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organizatic additiocral insured) whom you are required to add as an additional insured on this policy under
contract or agreement currently in effect or becoming effective during the term of this pdicy pmvidc certifiate of insurance showing that person or organization as an additional insured has been issue1
The insurance provided to the additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of
a.
b.
The limits of insurance applicable to the additional insured are those specified in the written Q
agreement or in the Dectarations for this policy whichever are less. These limits of insurance are of and not in addition to the limits of insurance shown in the Declarations.
Premises you own, rent, lease. or occupy or
Your work' for that additional insured by or for you.
2.
The insurance prcvided to the additional insured does no: apply to 'bodily injury'. *property damage', inju.7' or 'advertising injury' arising out of an architect's. engineer's, or surveyor's rendering of or
render any professional services including:
1. The preparing, approving. or failing to prepare or approve maps. drawings. opinions, reports, change orders, designs or specifications; and
Sapervisory. inspection, or engineering services. 2.
THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE
POLlCY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW.
El 79 9-A (ED. cn?92)