HomeMy WebLinkAboutCAVES CONSTRUCTION; 1991-02-06; 3291c
-e -
November 28, 1990
ADDENDUMNO. 1
BID/PROJJZCT NO. 3291 - ELM AVE & ROOSEVELT STREET P.WNG LOT
Please include the attached addendum in the Notice to Bidders/Kequest for Bids you h
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal FoMBid wl
your bid is submitted.
0 ~PLZ4.L -
RUT FLETCHER
Purchasing Officer
W: af
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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1200 Carlsbad Village Drive Carisbad, California 92008-1989 a (619) 434-28
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e ADDENDUM NO. 1
ELM AVENUE AND ROOSEVELT STREET PARKING LOT
CONTRACT NO. 3291
The following change is made:
NOTICE INVITING BIDS
Sealed bids wiii be received at the Office of the Purchasing Officer, City Hall, 1;
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO p.m., on
6th day of December, 1990, at which time they will be opened and read, for perform
the work as follows:
The following additions are made:
To Section 9-3, add:
9-3.6 Type "A" Curb Outlet
Payment to construct and install Type "A" Curb Outlet shall be included in the lump s
bid price for Concrete Driveway Apron and no additional compensation will be allov
therefor.
To Section 209-2, add:
209-2.5.3 Electric Meter Pedestal
Contractor shall construct and install an electric meter pedestal in accordance with SDG
requirements. Payment to construct and install electric meter pedestal shall be inch
within appropriate items of proposal. No separate payment will be made.
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CITY OF CARLSBAD
San Diego County
California
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@ CONTRACT DOCUMENTS AND SPEClAL PROVISIONS I FOR
b ELM AVENUE AND ROOSEVELT STREET PARKING LOT
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CBNTRACX NO. 3291
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TABLE OF CONTENTS - Item - Pa
NOTICE INVITING BIDS
CONTRACTOR’SPROPOS ..........................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL ...........................
DESIGNATION OF SUBCONTRACTORS 1
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .................. 1
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .......... 1
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .............................. 1
CONTRACT-PUBLICWO ......................................... 1
LABOR AND MATERIALS BOND 2
PERFORMANCEBOND ........................................... 2
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ................................. 2
RELEASEFORM 3
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION 3
11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK
CONSTRUCTION FOR CONSTRUCTION MATERIALS 4
111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK
CONSTRUCTION FOR CONSTRUCTION METHODS 51
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CITY OF CAEUSBAD, CALIFORNIA
NOTICE I"ING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 120
Carlsbad Village Drive (formally Elm Avenue), Carlsbad, California, until 4:OO P.M. on th
29th day of November, 1990, at which time they will be opened and read, for performin
the work as follows:
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ELM AVENUE AND ROOSEVELT mT PARKING LOT
CBNTRAa NO. 3291
The work shall be performed in strict conformity with the specifications as approved by tf.
City Council of the City of Carlsbad on file with the Municipal Projects Department. TI
specifications for the work shall consist of the latest edition of the Standard Specificatior
of Public Works Construction, hereinafter designated as SSPWC, as issued by the Souther
Chapters of the American Public Works Association. Reference is hereby made to tk
specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-own€
businesses.
No bid will be received unless it is made on a proposal form furnished by the Purchasir
Department. Each bid must be accompanied by security in a form and amount require
by law. The biddeis security of the second and third next lowest responsive bidders mz
be withheld until the Contract has been fully executed. The security submitted by all othc
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aftc
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectic
22300), appropriate securities may be substituted for any obligation required by this notic
or for any monies withheld by the City to ensure performance under this Contract. Sectic
22300 of the Public Contract Code requires monies or securities to be deposited with tl
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:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
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All bids will be compared on the basis of the Engineer's Estimate. The estimated quantiti
are approximate and serve solely as a basis for the comparison of bids.
No bid shall be accepted from a contractor who is not licensed in accordance with t
provisions of California state law. The contractor shall state their license numb(
expiration date and classification in the proposal, under penalty of perjury, pursuant
Business and Professions Code Section 7028.15. The following classifications a
acceptable for this contract: Class A; in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contr;
documents in lieu of the usual 10% retention from each payment, these documents mi
be completed and submitted with the signed contract. The escrow agreement may not
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at t
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenui
Carlsbad, California, for a non-refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any min
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute t
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 t
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay 1c
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 Coc
"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 and tour of the project site will not be held.
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 oj
discrepancy between words and figures, the words shall prevail. In case of an error in t
extension of a unit price, the corrected extension shall be calculated and the bids will
computed as indicated above and compared on the basis of the corrected totals.
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I All prices must be in ink or typewritten. Changes or corrections may be crossed out an
typed or written in with ink and must be initialed in ink by a person authorized to sign fc
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day pric
to bidding. Submission of bids without acknowledgment of addenda may be cause (
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I rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and materia
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%
respectively, of the Contract price will be required for work on this project. These bonc
shall be kept in full force and effect during the course of this project, and shall extend :
full force and effect and be retained by the City for a period of one (1) year from the da
of formal acceptance of the project by the City.
The Contractor shall be required to maintain insurance as specified in the Contract. AI
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. 176, adopted on the 9th day of October, 1990.
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Aidha L. dut&a&/City Clerk
4 WThd
Date
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I CITY OF CARLSBAD
ELM AVENUE AND ROOSEVELT STREET PARKING LOT
CONTRACX' NO. 3291
?
IC CONTRACTOR'S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has careNly examined the location of the work, read tl
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furni:
all labor, materials, equipment, transportation, and services required to do all the work
complete Contract No. 3291 in accordance with the Plans and Specifications of the City
Carlsbad, and the Special Provisions and that he/she will take in full payment therefor tl
following unit prices for each item complete, to wit:
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1 10 Landscaping 1 LS - t
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Approximate I, Item Quanity
No. Description and Unit Cost/Unit Total
1 Unclassified Excavation 650 CY - ,) 7 d"U c %'& l@cJ
pgO_" 7 7-j7zc: 2 Asphalt Pavement 285TON - f e 3 Class I1 Aggregate Base 435TON - /g"-O h;7,@96"
800 LF /o'z dp@5&? L 4 6l Concrete Curb
5 Type "G" Curb & Gutter 70 LF - 2: j-c Bb a 7LOT
// .Gooc /! &i@o "y
$3"
Jd Y
7dV" Y@pJ d,:
5, [@ E7 Q5 $* ,!&fl df
6 Concrete Driveway Apron 1 LS -
c-- 7 Concrete Sidewalk 800 SF -
8 Concrete V' Ditch 140 LF
9 Signing, Striping & Pavement Marking 1 LS
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1 12 Lighting 1 LS 14,74F i%7Clri6>
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Approximate Item QUanitY No. Description and Unit Cost/Unit Total
11 Irrigation 1 LS 4,40oe +%9!F t-
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Y/” i.”’” \q ,&
.Y p \%P >&YP 1
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S;a,q1.2- Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
The Undersigned has checked carefully all of the above figures and understands that tl
City will not be responsible for any error or omissions of the part of the Undersigned
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract wi
necessary bonds and insurance policies within twenty (20) days from the date of award 1
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bor
accompanying this bid shall become the property of the City of Carlsbad.
hadhave been received and is/are included in th /
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The Undersigned bidder declares, under penalty of perjury, that they are licensed to d
business or act in the capacity of a contractor within the State of California and that the
are validly licensed under license number 4- 7 7 7 ? J- , classification /n,
which expires on 3 - '3 1-7 / . This statement is true and correct and has the legal effec
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar
to the Business and Professions Code shall be considered nonresponsive and shall E
rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved, n
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordanc
with California law. However, at the time the contract is awarded, the contractor shall E
properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or employee of the City of Carlsbad
personally interested, directly or indirectly, in this Contract, or the compensation t
be paid hereunder; that no representation, oral or in writing, of the City Counci
its officers, agents, or employees has inducted hidher to enter into this Contrac
excepting only those contained in this form of Contract and the papers made a pal
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporatio
making a bid for the same work, and is in all respects fair and without collusion c
fraud. 8 ti/ bo,a Accompanying this proposal is
(Cash, Certified Check, Bond or CashieJs Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code whic
requires every employer to be insured against liability for workers' compensation or t
undertake self-insurance in accordance with the provisions of that code, and agrees t
comply with such provisions before commencing the performance of the work of th
Contract and continue to comply until the contract is complete. 1
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Articl
2, relative to the general prevailing rate of wages for each craft or type of worker neede
to execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
f
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of propriet I
City and State AG4 3 lpk 6 .p C’‘
Zip Code 7 LOT 3 Telephone No. (4) b 6~ (” - I 6 I’ I”
IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signatu1
must be made by a general partner)
(3) Place of Business
(Street and Number) I ST City and State
Zip Code Telephone No. 1 I
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-2s. ady of .do<a ill til2 Yssr 19 - Fl Cn ill1
hefGrc: me, the ~d~l.si~~~6, a I,otzry FuLlic i
End for said Stetc, personzlTy appsared
i SI;.?: I .’ :i J 11 Ld’ilL
cc?;-;i-\ 62‘- &&a
Jase- ~ J _c cL+&z?
ptrecnally ~ncm to ne (or proved to nilif: on ti:
ksis of sztizfixtGry evidence) to Le the PE
scn Lvlic~e name /c
subscribed to the wit-instrilment, tind zzkr
ledged to me thet Ge/ . executed it. 7
B
I I IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted f
(2)
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I JOM J. CAVE1
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Signature
Title
Impress Corporate Seal her
(3)
(4) Place of Business
Incorporated under the laws of the State of
(Street and Number)
City and State b (5) Zip Code Telephone No.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST E
A'ITACHFD
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:
/Jjl &J /gl &a/ 7- p 6 bd&7zL
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ICNOW ALL PERSONS BY THESE PRESENTS:
as Surety are held and My bpid unto the city of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount)
***TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ($10~ OF BID)---------------
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:
*
That we, CAVES CONSTRUCTION , as p&&p& m&BIC BONDING AND INSuRqN
***NOT TO EXCEED SIXTEEN THOlJSAEsD3 FIVE HUNDRED AND NO/lOOS ($16,500.00)---------
(BID DATE: 12-6-90)
ELM AVENUE AND RQOSEVELT STtZEET PARUING LOT
COIVIRMT NO. 3291
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 ten
(10) days from The date of award of Contract by the City Council of the City of Carlsbad,
being duly notifled of said award, then this obligation shall become null and void;
~the~~ise, it sbd be md ranah in eulr force and effect, and the amount speded herein
shall be forfeited to the said City, 0
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In the event Principal executed this bond as an individual, it is agreed that the death
Principal shall not exonerate the Surery from irs obligations under this bond.
Executed by PRINCIPAL this b' day of Executed by SURETY this ~TE day o
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I PRINCIPAL: SUETK
&! c ,192. DECEMBER ,19_90.
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1 CAVES CONSTRUCTION CBIC BONDING AND INSURANCE COPSPA1 1
.
[print name here)
1
I 4 {attach corporate resolution show
(title and organization of signatory) current power af attorney)
By:
(sign here)
I (print name here)
0
t (title and organization of signatory)
(Praper notarial acknowledge of execution by PNNC?PAL and SURETY must be attached.]
CDresidenr or viceapresident and secretary or assistant secretary must sign for corporations. If onl;
officer signs, the corporation must. attach a resolution ceded by the secretary or assmant secretary L corporate seal empowering that officer to bind the corporation.) .
APPROVED AS TO FORM:
I VINCENT F. BZONDO, JR.
City Attorney
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'KAREN J. IlIRATA
Deputy City Attorney *
1 O/3/90
)
) ss.:
S-TATE OF CALIFORNIA
CITY AND COUNTY OF SAN DIEGO )
DECEMBER 1990, before me, the undersigned N~
JEROLD D. EUL a persl in and for the State, personal-
me (0' proved to me on the basis of satisfactory evidence), to be the perSon who exel
written instrument as Attorney-in-Fact on behalf of the corporation therein named an, acknowledged to me that the corporation executed it.
On this 4TH day of
DECEMBER A.D. Given under my hand and Notarial Seal this 4m day of
My commission expires "? b &T-Lk& Notary Pumc .J
sL,'.Ti ti( 2iJ I17Lil.'<lfi- -9s. I &,-k4 4pcce in tliz yl;ar 19- Cn tl-ils Mazy of
befcjre Ine, the undersiped, a l;otiry bL1ic
End for said state, p~rson2-l:~ z>~cared-
;(,?;-;i'; C2' L/ .2/ &A7713
Jq-c \J* e@&--
ptrecnzlly )ncvn to DIE (or provsa to si' on
*sis of s2tisfZCtGry 3vidence) to Le the
scn -uhcse nme /J
eubscribed to the within instrmcnt, 2nd 2:
leds:ed to me that &I> - executed it*
(
IWa) (RH yM*)
Nurrc of PlInGlpd:, CAVES CONSTRUCTION
Nunc of Whu: CITY OF CARJSBAD
CONTRACT NO, 3291 ~fIon(0):
r LoMI!4l (If Agplic;rbk): "
ELN AVENUE AND ROOSEVELT STREET PA~INC: LOT
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ROBERT T. 'DRIVER CO, INC.
Your representahbe
Jerry Hall
(6 1 9) 238- 1828
962Q FIFTH AVE., SAN BIEGO, CA 92101
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1 i 3. L4aN-Wx , iL;c po 4OY 374 (b/ 7:) CW I& 1)
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DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contract0
in making up his/her bid and that the sub-contractors listed will be used for the work f
which they bid, subject to the approval of the City Engineer, and in accordance wi
applicable provisions of the specifications and Section 4100 et seq. of the Public Contrac
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made
these subcontractors except upon the prior approval of the City Engineer of the City
Carlsbad. The following information is required for each sub-contractor. Additional pag
can be attached if required:
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Items of Complete Address Phone No.
Work Full Company Name with Zip Code with Area Code
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/--- -P J IS a/-L-trcyl bAd7:
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/-- i( /&-LA LwJ-- CBLeJBpa, C7q-
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DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to provide the following information on the subbids of all the list
subcontractors as part of the sealed bid submission. Additional pages can be attached,
required.
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Type of State
Contracting Carlsbad Business Amount of Bid
Full Companv Name License & No. License No.* ($ or oh1
A8 LlP 9 g,k p2 *5- Sh.d-4 @be_ p6qy.j- L-10 4 t 3t'7et &.z
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* Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
must be obtained prior to submission of signed Contracts.
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility. + I
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Jhomai C. CI LEAL= L. WZLlLL
'CERTIFIED PUBLIC ACCOUNTANTS
829 HOOVER AVENUE NATIONAL CITY, '3 92000
MEb - AMERIC*N II
CEPnFIED WBL
WIFORNlA 0 CEPnFED PUBLI
-
September 11, 1990
Jose J. Caves, Owner J.J. Caves Construction Company 791 Energy Way Chula Vista, CA 92011.
The accompanying statement of financial position of J.J. Cz Construction Company. (A Sole Propietorship), as of June 3( and the related statements of income and expense and change financial position for the period then ended have been corn1 me.
A compiliation is limited to presenting in the form of fin; statements information that is the representation of managc
statements, and accordingly, do not express an opinion or i other form of assurance on them. Management has elected to the traditional statment of changes in financial position : of the required statement of cash flows.
a
* f have not audited or reviewed the accompanying financial
&E. d
Thomas E. Ordel Certified Public Accountant
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Jose J.Caves, dba. Caves Construction Company Statement of Financial Position June 30, 1990
%.
EXHIBIT "A" PAGE 1 OF 2
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ASSETS
Current assets Cash in bank - Checking $ 1,755.63 Cash in Money Market 50 , 074.78 Accounts Receivable-Trade 309,212.06 Earnings in Excess of Billings 10,129.81 Prepaid Interest 22,781.18 -------------
Total current assets $ 393,953.4(
Fixed assets Buildings $ 325,000.00 Machinery & Equipment 328,989.58 Accumulated Depreciation (21 6,875.26) -_-----------
Total fixed assets 437,114.3
Other assets 9,000.00 -_-__-------- Deposits - New Bldg $
Total other assets 9,000.0
TOTAL ASSETS $ 840,067.7
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"Unaudited" - See accompanying Accountant's compilation re
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Jose J. Caves, dba. Caves Construction Company Statement of Financial Position. June 30, 1990
EXHIBIT "A" PAGE 2 OF 2
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LIABILITIES AND CAPITAL
Current liabilities Accounts payable $ 119,961.62 Accrued Payroll 4,787.13 Accrued Payroll Taxes 4,864.98 State payroll taxes 2,341.98 Accrued Workers Comp. 1,849.21 Notes Payable Current Portion 41,036.00 -------------
Total current
Long term liabilities
liabilities $ 174,840.E
Community Bank - $1,198. $ 25,317.00 Citicorp Acceptance $269. 9,686.52 Ford Motor Credit $197.21 5,574.55 Ford Motor Credit 479.08 19,255.64 GMAC - $241.25 5,307 .SO GMAC - 287.59 6,614.57 Governor Financial $2719 275,000.00 Chase Financial $764. 5 , 354.72 Contract payable Ford Mtr 17,965.44
Total long term liabilities $ 370,075.94 Less: Current Portion 41,036.00
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Total Long Term Debt 329,039. S
Total liabilities $ 503,880.E
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Capital Capital Jose J. Caves $ 289,214.73 Draw (50,886.38) Current Earnings 97 , 858.57 -------------
Total capital 336,186.5
AND CAPITAL $ 840,067.;
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TOTAL LIABILITIES
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"Unaudited" - See accompanying Accountant's compilation repc
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPFXIEEdCE
The Bidder is required to state what work of a similar character to that included in t
proposed Contract he/she has successfully performed and give references, with telepho
numbers, which will enable the City to judge his/her responsibility, experience and sk
An attachment can be used.
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Caves Construction e
General Contractor - Lic. #437795 1155 Cactus Road San Diego, Ca. 92073 619-661-1611 * """79% l?NER6*wY~1;BmAm*eA%@ kbc *fa@ &&&a3 * * * .
December 11 9 1 990
City of Carlsbad
Carl sbad ., Ca. 1200 Elm Ave. c:. :: 1 +. 1 !:I33
Attn: KEN QUON MU N IC! PAL PROJ ECYS
BlVlSlON
Dear Ken :
Per your request., herewith is a list of projects we have done and references Caves Construction:
References:
Roberto Saucedo Senior Civil Engineer 422-2026 0 Cameron Berkuti Senior Civil Engineer 336-4380
Robert Drage Contract Coordinator 782-4140 x137
Steve Sarf Project Manager 474-55187
PROJECTS
City of Chula Vista-Improvements along Bay Blvd from-Contract Number 1106
City of National City-Sidewalks,curbs,gutters,and drainage-Contract #lo43
Dept.of Forestry & Fire Protection-Ramona Air Attact Base Contract #3CA95960
City of Imperial Beach-Alley Improvements Various Locations-Contract #3932
Should you have any questions please call me.
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NON-COLLUSION AJTIDAWT TO BE EXECUTED
BY BIDDER AND SUBMITIED WITH BID
State of California 1 ) ss.
county of 54a/ JG6 63 )
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JOJE J- c&/&>
, being first duly sworn, deposes
(Name of Bidder)
and says that he or she is OW’YE-W
(Title)
of (AiE5 G3b.U.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on beh,
of, any undisclosed person, partnership, company, association, organization, or corporatic
that the bid is genuine and not collusive or sham; that the bidder has not directly
indirectly induced or solicited any other bidder to put in a false or sham bid, and has n
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyo
shall refrain from bidding that the bidder has not in any manner, directly or indirect
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 advanta
against the public body awarding the contract of anyone interested in the propos
contract; that all statements contained in the bid are true; and further, that the bidder h
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or t
contents thereof, or divulged information or data relative thereto, or paid, and will not pz
any fee to any corporation, partnership, company association, organization, bid deposit01
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the
affidavit was executed on the 2 day of
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Subscribed and sworn to before me I (NOTARY SEAL)
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7 e CONTRACT - PUBLIC WORKS
This agreement is made this L& day of *> , 1991, by and between the Ci
of Carlsbad, California, a municipal corporation, ( reinafter called "City"), and
Caves Construction whose principal place of business is 1155 Cactus Road, San Dieno, C
92073 (hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contr;
documents for:
ELM AVENUE AND ROOSEVELT STREET PARKING LOT
CONTRACT NO. 3291
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materia
tools, equipment, and personnel to perform the work specified by the Contr:
2.
0 Documents.
3. 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 i
Specifications, the Special Provisions, and all proper amendments and chan;
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 i
install the work as indicated, specified, and implied by the Contract DocumeI
Any items of work not indicated or specified, but which are essential to
completion of the work, shall be provided at the Contractor's expense to fu'
the intent of said documents. In all instances through the life of the Contr
the City will be the interpreter of the intent of the Contract Documents, and
City's decision relative to said intent will be final and binding. Failure of
Contractor to apprise subcontractors and materials suppliers of this conditio]
the Contract will not relieve responsibility of compliance.
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Payment. For all compensation for Contractor's performance of work under th
Contract, City shall make payment to the Contractor per Section 9-3 of tl
Standard SDecifications for Public Works Construction. The closure date for ea(
monthly invoice will be the 30th of each month. Invoices from the Contract1
shall be submitted accorhg to the required City format to the City's assignc
project manager no later than the 5th day of each month. Payments will 1
delayed if invoices are received after the 5th of each month. The final retentic
amount shall not be released until the expiration of thirty-five (35) da
following the recording of the Notice of Completion pursuant to California Cii
Code Section 3184.
IndeDendent Investigation. 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 Contrz
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.
Contractor Responsible for Unforeseen Conditions. Contractor shall
responsible for all loss or damage arising out of the nature of the work or frc
the action of the elements or from any unforeseen difficulties which may arise
be encountered in the prosecution of the work until its acceptance by the Ci
Contractor shall also be responsible for expenses incurred in the suspension
discontinuance of the work. However, Contractor shall not be responsible f
reasonable delays in the completion of the work caused by acts of God, ston
weather, extra work, or matters which the specifications expressly stipulate M
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves diggi
trenches or other excavations that extend deeper than four feet below the surfa
Contractor shall promptly, and before the following conditions are disturb<
notify City, in writing, of any:
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7.
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A. Material that Contractor believes may be material that is hazardous wast
as defined in Section 25117 of the Health and Safety Code, that is requkc
to be removed to a Class I, Class 11, or Class I11 disposal site in accordani
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.
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C. 1
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 I contract.
In the event that a dispute arises between City and Contractor whether t
conditions materially differ, or involve hazardous waste, or cause a decrease
increase in the contractofs cost of, or time required for, performance of any p:
of the work, contractor shall not be excused from any scheduled completion dz
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
contract or by law which pertain to the resolution of disputes and protei
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8. Chanze Orders. City may, without affecting the validity of the Contract, ord
changes, modifications and extra work by issuance of written change orde
Contractor shall make no change in the work without the issuance of a writt
change order, and Contractor shall not be entitled to compensation for any ex1
work performed unless the City has issued a written change order designating
advance the amount of additional compensation to be paid for the work. 11
change order deletes any work, the Contract price shall be reduced by a fair a
reasonable amount. If the parties are unable to agree on the amount
reduction, the work shall nevertheless proceed and the amount shall
determined by litigation. The only person authorized to order changes or ex1
work is the Project Manager. The written change order must be executed by t
City Manager or the City Council pursuant to Carlsbad Municipal Code Secti
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Idmation Reform and Control Act. Contractor certifies he is aware of tl
requirements of the Immigration Reform and Control Act of 1986 (8 U5
Sections 1101 -1 525) and has complied and will comply with these requiremeni
including, but not limited to, verifying the eligibility for employment of i
agents, employees, subcontractors, and consultants that are included in tl-
Contract.
Prevailing Wage. Pursuant to the California Labor Code, the director of tl
Department of Industrial Relations has determined the general prevailing rate
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
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant
California Labor Code, Section 1775, Contractor shall pay prevailing wag
Contractor shall post copies of all applicable prevailing wages on the job site
Indemnification. Contractor shall assume the defense of, pay all expenses
defense, and indemnify and hold harmless the City, and its officers ai
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
Contractor to comply with any applicable law, rules or regulations includh
those relating to safety and health; except for loss or damage which was causi
solely by the active negligence of the City; and from any and all claims, lo:
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 f
litigation, arbitration, or other dispute resolution method.
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.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types
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12.
coverages and minimum limits indicted herein:
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1. Comprehensive General Liability Insurance:
$1,000,008 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 fi
the risks for which the City or its agents, officers or employees a
additional insureds.
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2. Automobile Gability Insurance:
$1,OOO,OO(B combined single limit per accident for bodily injury a1
property damage.
Workers’ Compensation and EmDloyers’ Liabilitv 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.
3.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies
insurance required under this agreement contain, or are endorsed
contain, the following provisions. I Liability Coverages:
General Liability and Automobi
1. The City, its officials, employees and volunteers are to be cover(
as additional insureds as respects: liability arising out of activitil
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.
The Contractor‘s insurance coverage shall be primary insurance <
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 contractoi
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies sh:
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
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3.
4.
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(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 thmy (3
days' prior written notice has been given to the City by certified ma
return receipt requested.
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(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - AI
deductibles or self-insured retention levels must be declared to ar
approved by the City. At the option of the City, either: the insurer sk
reduce or eliminate such deductibles or self-insured retention levels i
respects the City, its officials and employees; or the contractor shall procur
a bond guaranteeing payment of losses and related investigation, clair
a
R administration and defense expenses.
(F) WAIVER OF SUBROGATION - All policies of insurance required under th
agreement shall contain a waiver of all rights of subrogation the insure
may have or may acquire against the City or any of its officials c
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured
under its policies or shall furnish separate certificates and endorsements fc
each subcontractor. Coverages for subcontractors shall be subject to all c
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurer
that have a rating in Best's Key Rating Guide of at least A:V, as specified b
City Council Resolution No. 90-96.
VERIFICATION OF COVERAGE - Contractor shall furnish the City wit1
certificates of insurance and original endorsements affecting coveragc
required by this clause. The certificates and endorsements for ead
insurance policy are to be signed by a person authorized by that insurer tc
bind coverage on its behalf. The certificates and endorsements are to be iI
forms approved by the City and are to be received and approved by the Cit]
before work commences.
COST OF INSURANCE - The Cost of all insurance required under thi!
agreement shall be included in the Contractor's bid.
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Claims and Lawsuits. Contractor shall comply with the Government Tort Clah
Act (Section 900 et seq of the California Government Code) for any claim (
cause of action for money or damages prior to filing any lawsuit for breach (
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14. Maintenance of Records. Contractor shall maintain and make available at no co
to the City, upon request, records in accordance with Sections 1776 and 1812 I
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does ni
maintain the records at Contractois 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 ar
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wii
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check mz
be substituted for any monies withheld by the City to secure performance of th
contract for any obligation established by this contract. Any other security thi
is mutually agreed to by the Contractor and the City may be substituted fc
monies withheld to ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the purcha5
order awarded by the City of Carlsbad, he will comply with the County of Sa
Diego Affirmative Action Program adopted by the Board of Supervisors, includin
all current amendments.
Provisions Required by Law Deemed Inserted. Each and every provision of la7
and clause required by law to be inserted in this Contract shall be deemed to b
inserted herein and included herein, and if, through mistake or otherwise, an
such provision is not inserted, or is not correctly inserted, then upon applicatio
of either party, the Contract shall forthwith be physically amended to make SUC
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16.
17.
18.
I insertion or correction.
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Additional Provisions. ,Any additional provisions of this agreement are set fort
in the "General Provisions" or "Special Provisions" attached hereto and made
part hereof.
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@aV~55 @ON5 7&4CC/Ohl
NOTARIAL ACKNOWLEDGEMENT OF Contractor EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
aOS&" 3. CAde.5
(CORPORATE SEAL)
-
APPROVED TO AS TO FORM: 0 yd.Vc5-q /52?&s/4~s~7 B Title b VINCENT F. BIONDO, m.
City Attorney
By: i
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g -STATE OF CALIFORNIA
1
I%puty bjybk City Atto
---_*_--~--~-- .m__--___- ~.-~-- --~----___--~ --_L- ---
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/& 1E 4-q /" '- day of ~-~&6%. , in thc On this
before me he undersigned9 Notary Public in and forkaid State, persc
?QiY
Iss COUNTY OF <*/?J L3fk6a
Jog, J. e&L&3
, personal
(or proved to me on the basis of satisfactory evidence) to be the person2
subscribed to the within instrument, and acknowledged to
executed it
WITNESS my hand and official se
--6? lx
ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev 5 82 -- -
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0 DUPLICATE ORIGINAL
4 5 BOND NO. (22571
/ - tht C%y Cmmd of the Chyaf Cadsbod, State of CaWxh, by Resorution N< 91-13 J adopted Januam 8. 1992 has awarded to Cava Construction
(hereinafter designated as tztc ‘Principal’’), a ccntract for:
0
RIM AVENUE AND ROOSEVELT STREET PA”G LOT
CONTRACr. NO. 3291
in the City of Carisbad, in strict cdomitywith the drawings snd spedficatiom, and 0th
Cantract Documcntp now on Ele in the mce of the City Cerk of the City of Carisbad ~td
all of which are incorporattd hcrein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the tern
thcrcaf require the furnishing of a bond, providing &at if principal or any of the
subcontractors shall fail to pay for any materials, provisions, pmvender or other suppli or tans 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 tl
extent hereinafter set forth
NOW, THEREFORE, WE, Cms Conscbyntpa ’ as Prinapaf, (herdnafter desigxated as d ”-=of), & CBIC BONDING AND INSURANCE CO”Y BS Surery, are heid firm bod unto the city of Cdsbad in the sum of &g& thous& four hundred dnew-eig
Dollars ($40,498 1, said sum b&g fifry percar (50%) of the estimated amount payab by the City of Carfsbad der the tam of the Contract, for which payrnent wd and tn
to be made we bind oruselvts, our heirs, executors and admkktrators, successoffs, assigns, jointly and sevdy, 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, ptywisions, provender, supplies, or teams us
in, upon, for, or about the pekbrmance of the work contracted to be done, or for any otb work or labor thereon ofwy kind, or for amoun~ due under the Unemployment lnsuran
Code with respect to such work or labor, ar for my mounts required to be deducre
withheld, and paid over to the Employment Development Department from the wages employees of rhe crrntractot and subconrractors pursuant to Section 13020 of t
Unemployment Insurance Code with respect to such work and labor that the Surev v
pay for rhe same, not to exceed the sum specified in the bond, yrd, also, in case suit
brought upon the bond, costs and reasonable expenses and fees, hdudirng reasonal atrornefs fees, to be fixed by the court, as required by the provisions of Seerion 3248 the California Civil Code.
This bond shall inure :a rhe bdt of any and ail persons, companies and corporatic
cntided to tile claims under Title 15 of Part 4 sf Wos 3 of the Civil Code (comment:
with Sdm 3082).
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a In the event that Cantractor is aa iadividuol, it is agretd that the death of any suc contractor shall not examrate the SureryfkoIlIits ollugabsuadcrthiabond.
ejrrcutcd-by CONTRAmR tbi~ aatltai bysuRenrhis,~,dayof day of .hw - J-J~N ,19 91, JAIIUARY h 19 91.
t
CONTRACTOR= SUREN:
1
1 CAVES CONST'RIJCTION CBIC BONDING AND IX?!3TRANCE COMPANY
1
(p&t ryvnc herc) 1
flTH -/fkAAz-- OL-zwq%?-
(titie and organization ctf signatory)
(am& corporare resolutbn sbwh
cumat power of attorney] ,i
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1 By: I
(* herc)
(print name here)
(titie and organization of signatory)
(Roper noatid acknowiedgt of execution by C0"TOR and st! must be anachcd)
cprclidenc or vice-prariduu and sctnstary or rrdrturt mzetary mu sign €or corporadonr If only of
corporate seal e1npoweri8g thot officer m bind the car$omb-l
APPROVED AS TO FORM: '
e
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of€fcer signs, the corporadon mw ara& 8 rdudon edfhd by the sccrcm or asrttulrsacretaryundc f L
'r VINCENT F. BIONDO, JIt
muty tw===Y
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}ss. STATE OF CALIFORNIA
COUNTY OF w M
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On this - ,A- day of &-cy 4 , in the
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Nwsaofwlig#; CTTY OF CF\RLSBAD
lk&phI(s): ELM AVENUE FIND ROOSEVELT STREET PRRKING LOT
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CONTRACT NO. 3791
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ROBERT 'F. DRlVER CO., INC.
Jerry Hail
Your representative
(619) 238-1828
1620 FIFTH AVE., SAN DIEGO, CA 92101
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RE"TION t
This Escrow Agreement is made and entered into by and between the City of Carlsba
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaftt
called "City" and who5
address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agrc
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the optic
to deposit securities with Escrow Agent as a substitute for retention earnins
required to be withheld by City pursuant to the public works contract entere
into between the City and Contractor for in tk
amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attached i
Exhibit "A". When Contractor deposits the securities as a substitute for Contrac
earnings, the Escrow Agent shall notify the City within ten (10) days of tl-
deposit. The market value of the securities at the time of the substitution sha
be at least equal to the cash amount then required to be withheld as retentic
under the terms of the Contract between the City and Contractor. Securities sha
be held in the name of City of Carlsbad and shall designate the Contractor as tl
beneficial owner. Prior to any disbursements, Escrow Agent shall verify that tl-
present cumulative market value of all securities substituted is at least equal t
the cash amount of all cumulative retention under the terms of the Contract.
The City shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contra1
provisions, provided that the Escrow Agent holds securities in the form ar
amount specified above.
Alternatively, the City may make payments directly to Escrow Agent in tk
amount of retention for the benefit of the City until such time as the escro
2.
3. I created hereunder is terminated.
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Contractor shall be responsible for paying all fees for the expenses incurred t
Escrow Agent in administering the escrow account. These expenses any paymei
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held j
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 fro1
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in ti
Escrow Account only by written notice to Escrow Agent accompanied by writtc
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 1:
the Contractor. Upon seven (7) days written notice to the Escrow Agent fro
the City of the default of the Contractor, the Escrow Agent shall immediate
convert the securities to cash and shall distribute the cash as instructed by tl
City.
Upon receipt of written notification from the City certifying that the Contract(
has complied with all requirements and procedures applicable to the Contrac
Escrow Agent shall release to Contractor all securities and interest on deposit le
escrow fees and charges of the Escrow Account. The escrow shall be close
immediately upon disbursement of all monies and securities on deposit ar
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and tl
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement ar
the City and Contractor shall hold Escrow Agent harmless from Escrow Ageni
release and disbursement of the securities and interest as set forth in Sections
thru 8 and 10.
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F 10. The names of the persons who are authorized to give written notices or
receive written notice on behalf of the City and on behalf of Contractor
connection with the foregoing, and exemplars of their respective signatures a
as follows:
For City: Title
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Name 1 Signature
Address
For Contractor: Title 1 Name
Signature
Address I For Escrow Agent: Title
Name
Signature 1 Address
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I At the time the Escrow Account is opened, the City and Contractor shall deliver to t
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper offici
on the date first set forth above.
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I For City: Title
Name
Signature
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For Contractor: Title
Name I Signature
Address
For Escrow Agent: Title Ir, Name
Signature
Address
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1 RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION: ELM AVENUE AND ROOSEVELT STREET PARKING LOT
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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 ti
exception of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $ I DISPUTED CLAIMS
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DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may havc
of whatever type or nature, for the period specified which is not shown as a retentio
amount of a disputed claim on this form. This release and waiver has been mad
voluntarily by Contractor wirhout any fraud, duress or undue influence by any person o
entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, an(
work due Subcontractors for the specified period have been paid in full and that the partie
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By: 1 Title:
By:
Title:
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8 SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS
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I To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of sid
import are used, it shall be understood that reference is made to the plans accompanyi
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used,
shall be understood that the direction, designation or selection of the Engineer is intendc
unless stated otherwise. The word "required" and words of similar import shall
understood to mean "as required to properly complete the work as required and
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar imp<
are used, it shall be understood such words are followed by the expression "in the opiri
of the Engineer," unless otherwise stated. Where the words "approved," "approva
"acceptance," or words of similar import are used, it shall be understood that the approv
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 expen:
shall perform all operations, labor, tools and equipment, and further, including t
furnishing and installing of materials that are indicated, specified or required to mean tl-
the Contractor, at her/his expense, shall furnish and install the work, complete in place a.
ready to use, including furnishing of necessary labor, materials, tools, equipment, a:
transportation.
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1-2 DEFINITIONS
To Section 1-2, modify as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representative
24 CONTRACT BONDS
Modify Paragraph 3 as follows:
Contractor shall provide two (2) good and sufficient surety bonds. The "Payment Bor
(Material and Labor Bond) shall be for not less than 50 percent of the contract price
satisfy claim of material suppliers and of mechanics and laborers employed by contract
on the project.
Add:
The Payment Bond and the Performance Bond shall be kept in full force and effect by t
contractor during the course of this project. Both bonds shall extend in full force and efft
and be retained by the City for a period of one (1) year from the date of formal acceptan
of the project by the city.
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2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work are the latest edition of the Standard Specifications f
Public Works Construction, hereinafter designated SSPWC, as issued by the Southe
California Chapter of the American Public Works Association, and these General Provisioi
The Construction Plans consist of 4 sheet(s) designated as City of Carlsbad Drawing r\
315-7. The standard drawings utilized for this project are the latest edition of the S
Diego Area Renional Standard Drawings, hereinafter designated SDRS, as issued by the S
Diego County Department of Public Works, together with the City of Carlsb
Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed WI
these documents.
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To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacture:
direction, the Contractor shall obtain and distribute the necessary copies of SUI
instruction, including two (2) copies to the City.
When approved by the Engineer, each copy of the drawings will be stamped approve
signed, and dated by the Engineer.
Upon the Contractor's receipt of approved shop drawings, he shall furnish to the Engine
instruction and maintenance manuals and parts lists of all major equipment furnishe
Data in these manuals shall cover completely all items as specified and as supplied.
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2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set
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 equipmer
underground piping, valves, and all other work not visible at surface grade. Prints for tk
purpose may be obtained from the City at cost. This set of drawings shall be kept on tl
job and shall be used only as a record set and shall be delivered to the Engineer upc
completion of the work.
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2-6.1 Scope:
The work to be done shall consist of furnishing all labor, equipment and materials, ar
performing all operations necessary to complete the project work as shown on the proje
plans and as specified in the specifications.
2.6.2 Existinz Conditions:
Bidders shall be expected to visit the site prior to submitting a bid, and the action I
submitting such bid shall be accepted as an indication that the site has been visited ar
that the bidder is aware of the existing conditions and site constraints. The bid shall relfe
the cost for performing all the work as shown on the plans and specifications.
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2-6.3 General Requirements:
a. The Contractor shall furnish all supervision, technical personnel, labor, materi
tools, permits, services and equipment needed to perform and complete t
improvements shown on the plans and specifications listed in Section 2-5.
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b. It is the Contractor's responsibility to coordinate and provide for t
disconnection of all utility service lines and to investigate and verify that thc
utilities have been properly disconnected before starting work under t;
Contract.
Maintenance of work area. The Contractor shall maintain project site clear
debris and in a safe condition until work has been completed and accepted
C. I agency.
2-6.4 Protection of Existina Improvements:
The Contractor shall save and protect from damage, all public and private improvemer
adjacent to the site, including sidewalks, curbs, gutters, streetlight circuits and 0th
facilities and equipment. Any public or private improvement damaged by the Contract
shall be removed and replaced in kind at the Contractor's expense. t, 2-6.5 Rejected Work:
The Agency may reject all work which is not done in accordance with the Contract. 1
work which has been rejected shall be remedied or removed and replaced by the Contract
in an acceptable manner and no compensation will be allowed for such remov;
replacement or remedial work.
Any work done byond the boundaries established by the Agency or any work as hereinaft
specified which is done without proper permits, inspection and testing, will be consider(
as unauthorized work and will be rejected. Upon order of the Agency, unauthorized wo
shall be remedied, removed, or replaced at the Contractor's expense.
Upon failure of the Contractor to comply promptly with an order, the Agency may cua
rejected or unauthorized work to be remedied, removed, or replaced, and deduct the cos
from any moneys due or to become due to the Contractor.
2-6.6 Notifications:
It is the Contractor's responsibility to notify the Agency, three (3) working days prior '
start of work and obtain clearances and release for demolition permits from all private ar
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public utility companies. The Contractor shall contact the utility companies in advance
the necessary work to be performed in order to meet the project schedule specified
Section 6-1.
2-6.7 Damage:
Should any work under this section of the specification damage or cause to be damag
any item or items not scheduled to be removed, such shall be restored to their ori~
condition and position or shall be replaced, all at the Contractor's expense. AU repairs
replacements shall be performed to the satisfaction of the City.
2-6.8 Safetv Requirements:
Contractor agrees that he shall assume sole and complete responsibility for job s
conditions during the course of construction of this project, including safety of all perso
and property; that this requirement shall apply continuously and not be limited to nom
working hours; and that the Contractor shall defend, indemnify and hold the Agency a
Engineer harmless from any and all liability, real or alleged in connection with t
performance of work on this project excepting liability arising from the sole negligence
the Agency or the Engineer.
2-6.9 Cleaning and Clean-uD:
The Contractor shall not permit the adjacent property, public or private, to become dii
and unsightly because of work under this section of the specifications. Use water or otE
means to control dust generated by work noted herein. All dirt or debris spilled on a
street shall be cleaned up immediately.
2-6.10 Drinking Water and Toilet Facilities:
The Contractor shall provide, at his own expense, adequate drinking water and toi:
facilities for his workmen throughout the course of the contract work.
2-6.1 1 Debris Removal:
Disposal of refuse generated as a result of this contract at City or County landfills is subjt
to a fee. Any cost of disposing of refuse should be included in your bid.
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2-6.12 Water for Construction:
The Contractor shall obtain a construction meter for water utilized during the constructi
under this contract. The Contractor shall contact the appropriate water agency .
requirements. The Contractor shall include the cost of water and meter rental wit1
appropriate items of the proposal. No separate payment will be made.
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2-7.1 Examination of Subsurface Conditions:
Unless shown on the plans or referenced in this Contract Document, the City has made
investigation of the subsurface conditions in areas where work is to be performed. T
Contractor may do his own exploration as to subsurface or latent physical conditions at t
site of the work and the bid should reflect the cost to perform the job as shown on t
plans.
To Section 2-9.3, delete and substitute: E 2-9.3 Surveving
Contractor shall employ a licensed land surveyor or registered civil engineer to perfor
necessary surveying for this project. Requirements of the Contractor pertaining to this ite
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveyii
service within appropriate items of proposal. No separate payment will be made.
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, headei
sewers, storm drains, and structures (4 comers min.). Rough grade as required to satis
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 lir
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Sectic
8771 of the Business and Professional Code.
Contractor shall provide Engineer with two (2) copies of survey cut sheets prior
commencing construction of surveyed item.
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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 representatii
The Engineer shall have free access to any or all parts of work at any time. Contract
shall furbish Engineer with such information as may be necessary to keep her/him fu
informed regarding progress and manner of work and character of materials. Inspecti1
of work shall not relieve Contractor from any obligation to fulfill this Contract.
To Section 4-1.4, Test of Materials, modify as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testi
materials and/or workmanship where the results of such tests meet or exceed t
requirements indicated in the Standard Specifications and the Special Provisions. The cc
of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of he materials shall
approved by him before the delivery is started. All materials proposed for use may
inspected or tested at any time during their preparation and use. If, after trial, it is foul
that sources of supply which have been approved do not furnish a uniform product, or
the product from any source proves unacceptable at any time, the Contractor shall furni
approved material from other approved sources. After improper storage, handling or a.
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans a
the SSPWC. Compaction tests may be made by the City and all costs for tests that me
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 Enginet
The costs of any retests made necessary by noncompliance with the specifications shall
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To Section 4-1, add:
4-1.9 Nonconforming Work:
The contractor shall remove and replace any work not conforming to the plans
specifications upon written order by the Engineer. Any cost caused by reason of tl nonconforming work shall be borne by the Contractor.
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5-7 GENERAL
Utilities for the purpose of these specifications shall be considered as including, but n
limited to, pipe line, conduits, transmission lines, and appurtenances of "Public Utilitit
(as defined in the Public Utilities Act of the State of California) or individually solely f
their own use or for use of their tenants, and storm drains, sanitary sewer, a
streetlighting. The City of Carlsbad and affected utility companies have, by a search
known records, endeavored to locate and indicate on the plans all utilities which ex
within the limits of the work. However, the accuracy or completeness of the utiliti
indicated on the plans is not guaranteed. Service connections to adjacent property may
may not be shown on the plans. It shall be the responsibility of the Contractor
determine the exact location and elevation of all utilities and their service connectioi
The Contractor shall make hisher own investigation as to the location, type, kind
material, age and condition of existing utilities and their appurtenances and servj
connections which may be affected by the contract work, and in addition he/she sh
notify the City as to any utility, appurtenances, and service connections located which ha
been incorrectly shown on or omitted from the plans.
The Contractor shall notify the owners of all utilities at least 48 hours in advance
excavating around any of the structures. At the completion of the contract work, t
Contractor shall leave all utilities and appurtenances in a condition satisfactory to t
owners and the City. In the event of damage to any utility, the Contractor shall not* t
owner of the utility immediately. It is the responsibility of the Contractor to compensz
for utility damages.
The temporary or permanent relocation or alteration of utilities, including semi
connections, desired by the Contractor for his/her own convenience shall be t
Contractor's own responsibility, and he/she shall make all arrangements regarding su
work at no cost to the City. If delays occur due to utilities relocations which were n
shown on the plans, 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
relocate utilities which interfere with the construction, the Contractor, upon request to t
City, may be permitted to temporarily omit the portion of work affected by the utility. T
portion thus omitted shall be constructed by the Contractor immediately following t
relocation of the utility involved unless otherwise directed by the City.
All costs involved in locating, protecting and supporting of all utility lines shall be includ
in the price bid for various items of work and no additional payment will be made.
All fees, work orders and charges associated with work and inspection to be done by t
utility companies will be paid by the City of Carlsbad.
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The Contractor is advised that all necessary coordination required by the serving util
shall be included within the appropriate items of bid and no additional compensation v
be allowed therefore.
6-1 CON!3"RUCI'ION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPV
at the time of the preconstruction conference. No changes shall be made to t
construction schedule without the prior written approval of the Engineer. Any progrr payments made after the scheduled completion date shall not constitute a waiver of tl
paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflicti
utilities shall be requirements prior to commencement of work by the Contractor.
It is the responsibility of the Contractor to know the time required for vario
manufacturers to deliver their respective products or materials. The Contractor shall ord
products and materials sufficiently ahead of time so that they will be on site by tl
scheduled installation date. The Contractor will not be allowed extensions on the proje
schedule due to delays caused by his/her failure to order products or materials in a time
manner.
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6-7 TIME OF COMPLETION
The Contractor shall begin work within 14 calendar days after receipt of the "Notice
Proceed" and shall diligently prosecute the work to completion within 45 consecuti
working days after the date of the Notice to Proceed. City intends to issue Notice 1
Proceed no earlier than January 1, 1991.
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. ar
sunset, from Mondays through Fridays. The contractor shall obtain the approval of tl
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission 1
the Engineer. This written permission must be obtained at least 48 hours prior to su(
work. The Contractor shall pay the inspection costs of such work.
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6-8 COMPLETION AND ACCEPTANCE
Add the following:
AU work shall be guaranteed for one (1) year after the filing of a "Notice of Completil
and any faulty work or materials discovered during the guarantee period shall be repai
or replaced by the Contractor, at his expense.
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6-9 LIOUJDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $300 per c
for each day beyond the completion date as liquidated damages for the delay. P
progress payments made after the specified completion date shall not constitute a wail
of this paragraph or of any damages.
7-5 PERMITS E Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-w
grading, and building permits necessary to perform work for this contract on City proper
in streets, highways (except State highway right-of-way), railways or other rights-of-w: E Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-7 COOPERATION AND COLLATERAL WORK P Add the following:
Wet taps of water mains, new water services for irrigation systems, and water meters sh
be installed by the City of Carlsbad Municipal Water Department by a work order from t
Contractor and paid for by the City. The Contractor shall coordinate his work with tl
of the City water department.
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7-8 PROJECT AND SITE MANAGEMENT
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To Section 7-8.1, Cleanup and Dust Control, add:
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Cleanup and dust control shall be executed even on weekends and other non-working d:
at the City's request.
To Section 7-8, Project Site Maintenance, add:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflc
in good repair when in use on the project with special attention to City Noise Cont
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY I To Section 7-10.1, Traffic and Access, add:
Contractor shall work within projects limits as noted on the drawings and shall, other th
trucks or equipment leaving or entering the site, do nothing to interfere with traffic flc
on adjacent streets. The Contractor shall provide flagmen as may be necessary to facilit:
trucks or other equipment leaving or entering the site. Barricading and traffic interrupti
is subject to approval by the Agency. The Contractor shall provide barriers, guards, ligh
signs and flagpersons, as required, advising the public of detours and construction hazarc
The Contractor shall maintain, whether shown on the plan or not, all existing traf
control signs or signals in their proper location on temporary mounting supports UI;
permanent signs or signals are restored.
All barricades used at night shall be equipped with properly operating flashing lights.
In non-emergency situations, the Contractor shall backfill trenches and restore roadway i
safe night traffic usage. No open trenches shall be allowed overnight unless prj
approvals is received from the Engineer.
Steel plating or portable concrete barrier (K-Rail) may be required when trenching cam
be secured overnight by backfilling. "Open trench' signs shall be placed adjacent to a
moving traffic lane at 100 foot intervals when excavation is in progress.
The name of the Agency who owns the traffic control safety devices shall be clearly not
on each device.
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If parking must be restricted during construction, the Contractor shall post tow-away/
parking signs twenty-four (24) hours in advance after receiving approval from t
Engineer. The sign shall contain days/hours information and be posted so as to
reasonably seen by the public.
The Contractor shall keep the streets in and adjacent to the construction area clean at
times. Streets must be swept before washing.
The Contractor shall assume sole and complete responsibility for the job site conditio
during the course of the construction of this project including safety of all persons ai
property. This requirement shall apply continually and not be limited to normal workii
hours, and that the contractor shall defend, indemnify, and hold the owner and t.
Engineer harmless from any and all liability real or alleged, in connection with t.
performance of work on this project, except for liability arising from sole negligence oft
owner or Engineer.
All costs for maintaining traffic shall be included in the bid and no other payment will
made. The lump sum price shall include full compensation for furnishing all lab(
materials, tools, and equipment and doing all work required for traffic control. These co!
include all costs for traffic control devices which may be required by the City, setting 1
of detours, public convenience, and the handling of existing traffic control signals.
The Contractor shall provide for a safe four (4) foot wide pedestrian walkway along stre
frontages.
The Contractor shall also be responsible for compliance with additional public safe
requirements which may arise during construction.
To Section 7-10.2, Storage of Equipment and Materials in Public Street, add:
Contractor shall acquire his/her own staging and storage area during the entire duratic
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To Section 7-10.4, Public Safety, add:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the WOT
and shall comply with all applicable provisions of Federal, State and Municipal safety law
and building codes to prevent accidents or injury to persons on, about, or adjacent to tf
premises where the work is being performed. He/she shall erect and properly maintain :
all time, as required by the conditions and progress of the work, all necessary safeguarc
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for the protection of workers and public, and shall use danger signs warning agaix
hazards created by such features of construction as protruding nails, hoists, well holes, a
falling materials.
7-13 LAWS TO BE OBSERWD
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Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation a
Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel bec
for use in the proposed construction project which would be subject to Section 1601
Section 1603 of the Fish and Game Code, such conditions or modifications establish1
pursuant to Section 1601 of the Fish and Game Code shall become conditions of tl
contract.
8 FACILITIES FOR AGENCY PERSONNEL
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9-3 PAYMENT
To Section 9-3.1, General, add:
Bulk materials delivered to the site shall be accompanied by a weigh master's certifica
listing the weight or volume, and the mix design or SSPWC identification. Bulk maten
used on the job without correct weight/volume and material identification certificates w - not be paid by the City.
Payment for installation of underground facilities shall be inclusive of trenching, backfillil
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To Section 9-3.2, Partial and Final Payment, modify as follows:
Delete the second sentence of the third paragraph having to do with reductions in amoui
of retention.
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To Section 9-3, add:
9-3.5 Traffic Control:
Payment for performing all work necessary to provide traffic control and pedestrian accc
and safety measures shall be included in the lump sum price bid for traffic control.
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SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERLALS
200-2 UNTREATED BASE MAT'EIUAL r
Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag ba
(Section 200-2.3), or crushed miscellaneous base (Section 200-2.4) o 1 201-1 PORTLAND CEMENT CONCRETE
To Section 201-1.2.1, Portland Cement, modify as follows:
First paragraph, first sentence amend to read: "All cement to be used or furnished sh be low alkali and shall be either Type I or Type I1 Portland Cement conforming to AS?
C 150, or Type IP (MS) Portland Pozzolan Cement conforming to ASTM C 595, unlc
otherwise specified."
To Section 201-1.2.3, Water, mow as follows:
Second paragraph replace "1,000 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm
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Third paragraph replace "800 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of sulfate,
To Section 201 -1.2.4, Admixtures, modify as follows:
(b) Air-entraining Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowe
The air content of freshly mixed concrete will be determined California Test Method N
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To Section 201-1.3.3, Concrete Consistency, modify as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:" Al
delete table.
201-3 EXPANSION JOINT FILTER AND JOINT SEALANTS
To Section 201-3.4, add:
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201-3.4.1 Penetratina Sealer
Apply a colorless, non-yellowing penetrating sealer such as Synak P-103 Penetrating Seal
or equal, to all exposed concrete surfaces. Contractor shall submit proposed prod1
specifications to the Engineer for approval prior to construction.
203-6 and 4004 ASPHALT CONCRETE
Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type I11 C3-AR 4000.
To Section 203-6.6.1, Batch Plant Method, modify as follows:
Third paragraph, delete "and from the Engineer's field laboratory."
Last paragraph, add after D 2172: "method A or B."
To Section 203-6.8, Miscellaneous Requirements, modify as follows:
Add the following: "Open graded asphalt concrete stored in excess of 2 hours, and a
other asphalt concrete stored in excess of 18 hours, shall not be used in the work."
To Section 400-4.1, General, modify as follows:
Second paragraph, amend to read: "Unless otherwise specified, AR-4000 paving gra
asphalt shall be used for Type 111 asphaltic concrete, and AR-8000 paving grade asphi
shall be used for asphalt concrete dikes."
To Section 400-4.2.4, Fine Aggregate, modify as follows:
Add: "The total amount of material passing the No. 200 sieve shall be determined
washing the material through the sieve with water. No less than 1/2 of the mater
passing the No. 200 sieve by washing shall pass the No. 200 sieve by dry sieving.''
Add the following paragraph: "Fine aggregate shall be tested for soundness in accordant
with ASTM D-1073, and shall not exceed fifteen percent (15%) loss by weight."
To Section 400-4.3, Combined Aggregates, modify as follows:
First paragraph, add: "ASTM D2419 Test Method may be alternated for Test Method N
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CLASS B2 B3
SIEVE INDMDUAL MOVING INDMDUAL MOVING
SIZES TEST RESULT AVERAGE TEST RESULT AVERAGE
100 100 100
90-100 90-100 95-100
80-90 85-100 85-95
60-75 60-84 65-80
40-55 40-60 45-60
2 7 -40 24-50 30-45
12-22 1 1-29 15-25
3-6 1-9 3-7
1" (25 mm) 100
3/4" (19 mm) 87-100
1/2" (13 mm) 75-9s
3/8" (10 mm) 50-80
No. 4 30-60
No. 8 22-44
No. 30 8-26
No. 22 1-8
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Asphalt % 4.6-6.0 4.6-6.0
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After the last paragraph, add the following:
The aggregated from each separate bin for asphalt concrete, Type 111, except for the t
containing the fine material shall have a Cleanness Value as noted in the added "Table
Sand Equivalent and Cleanness Values" and as determined by Test Method No. Calif. 2;
modified as follows:
Tests will be performed on the material retained on the No. 8 sieve from each bind a
will not be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loading
the entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch diametc
No. 8 sieve.
Where a coarse aggregate bind contains material which will pass the maximum si
specified and be retained on a 3/8 inch sieve, the test specimen weight and volume
wash water specified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after dischar
from each bin of the batching plant or immediately prior to mixing with asphalt in the ca
of continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately computc
and reported.
To Section 400-4.4, Storing, Dryhg and Screening Aggregates, modify as follows:
After fifth paragraph, add: "When the Contractor adds supplemental fine aggregate, eac
such supplemental fine aggregate used shall be stored separately and kept thoroughly dr
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204-1 LUMBER AND PLYWOOD
Header for bituminous pavement shall be construction grade Redwood, or treat€
construction grade Douglas Fir.
209 ELECIlUCAL COMPONENTS
To Section 209-2, add:
209-2.5 Linht Pole and Luminars
The parking lot lighting shall be a complete assembly and equal to the specified produ,
manufactured by Kim Lighting, 16555 East Gale Avenue, P.O. Box 1275, Industry, C
91 749-1275, (81 8) 968-5666. Submit manufacturer's product specifications for approval
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209-2.5.1 Fixture Specification
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Metal structure units to be heavy duty cast aluminum.
AU exterior fasteners are stainless steel or solid brass.
Light pole fixture to be Kim EKG Series 250 Watt High Pressure Sodium Lij
mounted at 25 feet above grade. Black baked enamel over satin polish alumini
fixture. Lexan shield for vandals. Model #lA/EKGSOl/250HPS277/BL-E/LS/A-:
Flood light fixture to be &-Mini Flood Light Fixture Model #4300 mounted at
inches. Black baked enamel over satin polish aluminum fixture. Lexan shield
vandals.
Fixture to be activated by photocells.
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1. Non-tapered square aluminum pole with black baked enamel finish. Model #P5 1 25B/BL-E.
210 PAINT AND PROTECITVE COATINGS
To Section 210-1, add:
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Paint for parking stall striping shall be white. Paint for no parking area striping shall
yellow. Paint for handicap stall symbol and curb shall be blue in color. All painting sh
conform to CALTRANS standards and specifications.
212-1 LANDSCAPE MATERIALS I To Section 212-1.1, Topsoil, add:
Topsoil shall be Class "A" (imported).
Agricultural grade gypsum shall be a (CAS04. HZO) calcium sulfate product - 94.3%. 9(
shall pass a 50 mesh screen. Chemical reaction will remove sodium attached to s
particles. Gypsum also loosens heavy clay soils through electrochemical action. Conti
of dust during application is mandatory.
(Shall be similar or equal to: U.S. Gypsum, Dolmar, or Bandini). li
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Iron sulfate - iron shall be expressed as metallic - derived from sulfate - deep green (FES(
- H20). A minimum analysis of 20.0% and 98.3% retained on a 10 mesh screen.
(Shall be similar or equal to: Wilson & Geo. Meyer, Wil-Gro, or Bandini).
To Section 212-1.2.3, Commercial Fertilizer, add:
Pre-plant fertilizer shall be granular commercial fertilizer 1-10-10 or approved equal.
Post-plant fertilizer shall be 14-7-3 or approved equal with CA, FE, ZN, and MN and w
the majority of nitrogen in non ammoniac form to prevent acidification of soil.
Planting tablets shall be compressed fertilizer tablets (20-10-5), in 21 gram sizes.
To Section 212-1.2.4, Organic Soil Amendment, add:
Organic soil amendment shall be derived from wood with the following properties: It sh
be a wood residual product derived from the bark of pine, white fir/and red fir, cec
shavings or redwood shaving. Amendment upon analysis shall contain at least 0.:
nitrogen (on a dry weight basis) with an ash content not to exceed 10%. A commerc
grade product shall be used.
Contractor shall supply Engineer or his appointed representative with a sample of t
proposed amendment accompanied by laboratory analytical analysis from an approv
laboratory illustrating degree of compliance. Contractor shall supply tests for add
organic materials only. The Engineer will provide agricultural testing on amended soil
place.
Soil conditioner shall contain a special blend of organic fractions to supply several degrc
of breakdown rate which lasts up to 10 years in the soil, a portion of inorganic amendmc
that resists further breakdown PH of 5.5 to 6.5, salinity (EC8 x 103 at 25" C) of 3
organic matter (dry weight basis) more than 90°/o, non-ionic wetting agent and to
nitrogen (organic or ammoniac) content of 0.5%.
Soil conditioner shall be Wil-Gro Life, Loamex, Forest Humus or an approved equal.
To Section 212.2, Soil Fertilizing and Conditioning Materials, add:
212-1.2.6 Herbicides and Pesticides
Shall be used in their appropriate applications with strict adherence to manufacture
specifications and instructions.
Post emergent herbicide for all areas shall be Roundup, Diquat, Montar, or approved equ
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Pre-emergent herbicide for shrubs and ground cover areas (planted from flats), shall
Treflan, Surflan, Eptan, or approved equal.
To Section 212-1.4.1, General, add:
Contractor shall notify Engineer 48 hours before each plant delivery so the Engineer c
inspect them.
Nomenclature: The scientific and common names of plants herein specified conform to t
approved names given in "a checklist of woody ornamental plants in California, Oregon a
Washington" published by the University of California, Division of Agriculture Sciencl
Publication 4091 (1979). (See list of plant materials on drawings).
Labeling: Each group of plant materials delivered on site shall be labeled clearly as
species and variety.
All patented plants (Cultivars) required by the plant list shall be labeled clearly as
species and variety.
Quality and size. Plants shall be in accordance with the California State Department
Agriculture regulations for nursery inspection, rules and grading.
The Engineer, or his appointed representative, is the sole judge as to acceptability of ea
plant. Vigorous, healthy, well proportioned plants are the intent of this specificatic
Plants which are even moderately "overgrown" or are showing signs of decline or lack
vigor are subject to rejection. The size of the plants will correspond with that normal
expected for species and variety of commercially available nursery stock, or as specified
the special conditions or drawings. Plants larger in size than specified may be used wi
the approval of the Engineer, but the use of larger plants will make no change in contra
price. If the use of larger plants is approved, the ball of earth and spread of roots for ea(
plant shall be increased proportionately.
Rejection and substitution: All plants not conforming to the requirements herein specifif
shall be considered defective and such plants, whether in place or not, shall be marked I
rejected and immediately removed from the site and replaced with new plants by tl
Contractor at his expense.
Right to changes: The Engineer reserves the right to change the species, variety, and/(
sizes of plant material to be furnished, provided that the cost of such plant changes do n
exceed the cost of plants in the original bid, and with the provisions that the Contract(
shall be notified in writing, at least sixty (60) days before the planting operation k
commenced.
To Section 212-1.5.3 Tree Stakes, add:
Tree stakes shall be two (2) inch diameter lodgepole pine of lengths required, pointed c
end. (See details on landscape plans).
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Q Tree ties shall be commercially manufactured ties made from black tire casings, cut tc
minimum ten (10) inch length and held in place by 12 gauge galvanized wire; or SF
plastic hose With a minimum length of twenty (20) inches. Split plastic hose ties to
equal to "Cinch-Tie" by V.I.T.
212-2 IRRIGATION SY!YlTM MA'IERIALS
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Delete sentence 1 and substitute the following:
Class 200 PVC shall be used for installation on the discharge side of control valves ai
Schedule 40 pipe shall be used for continuously pressurized pipe on the supply side
control valves.
212-2.2.4, Remote Control Valves:
Delete sentence 1 and substitute the following:
The valves shall be glass-filled nylon body and bonnet with accurately machined valve se
surfaces, equipped with flow control adjustment and capability for manual operation.
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SUPPLEMENTAL PROVISIONS FOR CON!STRUCTION METHODS
300-1 CIEAIUNG AND GRUBBING
Contractor shall remove all objectionable materials including rock, gravel, decomposc
granite, headers, and brush. Compensation for the work shall be considered as includr
in the price bid for other items of work and no additional compensation will be allow(
therefor.
300-8 BACKFILL. AND SITE LEVELJNG
All excavations shall be backfilled with material and to a level grade, satisfactory to t
Engineer. The areas to be backfilled shall be inspected and approved by the Engineer pi
to the placement of any backfill.
Any backfill material placed or compacted without compliance with the requirements
these Special Provisions shall be deemed as unauthorized work and shall be treated
accordance with Subsection 2-6.5 rejected work.
Material to be placed as fill for excavations and depressions shall be placed in horizont
uniform layers not to exceed twelve (12) inches in thickness, before compaction; each laj
is to be brought to optimum moisture content and thoroughly compacted to a relati
compaction of not less than 90% relative compaction, in accordance with ASTM 155
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Backfill shall be a well graded, previous, material containing no large rock or otf
deleterious material. The source and material shall be approved by the Engineer prior
its use.
All backfill shall be inspected and tested by the City's soil consultant and approved by t
Engineer. Soil consultant and tests are provided by the City.
The Contractor shall schedule for soil testing by providing 48 hours advance notice to t
Engineer prior to commencement of backfill operations.
Compaction shall be by means of tamping or sheeps foot rollers, multiple-wheel pneumat
tired rollers or other types of rollers or equivalent which will be able to compact the
to the desired density.
Rolling shall be accomplished while the fill material is at the desired moisture conte
Rolling of each layer shall be continuous over its entire area and sufficient trips shall
made by the rolling equipment to insure that the desired relative compaction has be
obtained.
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If the moisture content of the fill material is below the needed amount necessary to crei
the necessary density, the proper amount of water shall be added. Similarly if the moistu
content of the fill material is above the needed amount necessary to create the desir
density, the fill material shall be aerated by blading or other satisfactory method until t
moisture content of the fill material is satisfactory.
301-1 SUBGRA.DE PREPARATION
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To Section 301-1.2, Preparation of Subgrade, add:
Subgrade shall be prepared according to the recommendations of the Soils Engine(
Where no specific recommendations are made by the Soils Engineer, all of the wo
performed under this item shall conform to Subsection 301-1 of the Standa 8 Specifications.
To Section 301-1.7 Payment, modify as follows:
The contract price paid for adjusting frames and covers of existing manholes, water mete
gate valves and other utilities shall be considered as included in the contract price paid f
various other items of work and no other compensation will be allowed therefor. I
301-2 UNTREATED BASE
No change. b 302-5 ASPHALT CONCRETE PAVEMENT
A prime coat is not required for this contract. A seal coat is required and shall confo~
the Section 302-5.9 of these supplemental provisions.
To Section 302-5.1, General, modify as follows:
Paragraph 1, replace "Section 203-6" with "Section 400-4."
Last paragraph, add: "All testing of underground installations at any given point shall
completed before the surfacing is placed at that point."
To Section 302-5.2, Prime Coat, modify as follows:
After "grade Sc-250" add "or MC 70."
To Section 302.5.5.2, Density and Smoothness, modify as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
To Section 302-5.5.1, Rolling General, modify as follows:
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Second paragraph, Part (2), add:
Wbratoryrollers shall be limited to breakdown, unless otherwise directed by the Enginee
After last paragraph, add: YJnless directed by otherwise the Engineer, the init
breakdown rolling shall be followed by a pneumatic-tired roller as described in tl
Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price bid 1
asphalt concrete.
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302-5.9. Seal Coat
All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The seal cc
shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asphal
emulsion shall be mixing type conforming to Section 203-3, "Emulsion Asphalt." Sand sh(
be clean and dry.
Immediately before applying asphaltic emulsion, the surface to be seal-coated shall
thoroughly cleaned of all dirt and loose material. Asphaltic emulsion shall not be applil
when the street is overly wet or when the atmospheric temperature is below 50 degre ' Fahrenheit.
The asphaltic emulsion shall be applied by use of a power spraying device that unifonr
applies the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard. T
distributor spray bar shall be equipped with asphaltic emulsion-type spray jets. Curl
gutters, and other adjoining improvements shall be carefully protected from the emulsic
and any such improvements spattered or touched with emulsion shall be carefully clean€
Immediately after the application of asphaltic emulsion, a cover coat of sand shall
spread at the rate of 6 to 12 pounds per square yard. After the sand has been spread, ai
piles, ridges, or uneven distribution shall be broomed to maintain an even layer over tl
surface. Five days after the seal coat has been applied, the surface shall again be broom(
and any excess sand shall be picked up and removed from the job. The Engineer m:
authorize the sand to be broomed, picked up and removed from the job after 2 or mo 1 days.
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303-5 CONCRETE CURBS, WALKS, GU'ITERS. CROSS GU'ITERS, DRIVEWAY AND ALL) 1 INTERSECTIONS
To Section 303-5.8, Backfilling and Cleanup, add:
No Agent or method shall be used that will adversely effect plants, building, or flatwoi
Cleaning schedule, method and procedures must be approved by the Engineer prior to st;
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The following is the minimum effort that will be acceptable.
1. Spray a 1,000 SF section with a nontoxic foam degreaser and allow to sit for thr
to five minutes.
Spray subject area with steam using 600 psi steam machine.
Power wash area with cold water using 2,000 psi wet blasting machine.
If necessary, spot clean (remove paint, gum, etc.) with light wet sandblast.
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4.
Objective is to leave brick and concrete free of dirt, oil, gum, paint and other unsigh
substances.
To Section 303-5.9, Measurement and Payment, add:
Payment for raised concrete median shall be included in the bid price for concrete curt '
i 300-2 EARTHWORK AND TOPSOIL PLACEMENT
To Section 308-2.3.1, General, add:
Weed eradication for entire project site. After irrigation installation but before planti
installation, the Contractor shall irrigate the entire project site three to four times 07
seven to ten days to germinate existing weed seeds. Allow weed seeds to grow until tk
reach a maximum height of two to three inches. She/he shall then apply the pa
emergent herbicide per manufactureis specifications and instructions.
Weed eradication for shrub areas and groundcover areas (planted from flats). Three
four days after these plants have been installed, the Contractor shall apply the p
emergent herbicide per manufactureis specifications and instructions.
All areas to receive landscaping shall be excavated to ~2'-6" beow finished grade. Thc
areas shall be backfilled with rt2'-6" of type "A" topsoil.
Raised planters shall be backfilled with type "A" topsoil to within 2" of the top of plant(
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To Section 308-2.3.2, Fertilizing and Conditioning Procedures, delete and substitute:
After the areas have been deep ripped, the following rates of soil conditioning ai
amendment materials shall be evenly spread over all planting areas and shall be thorough
scarified to an average depth of six (6) inches by rototilling a minimum of two alternatir
passes. Amendment must be intimately blended with soil.
It
Soil Conditioner
Iron Sulphate
Gypsum
5 cu. yd. per 1,000 SF
20 lbs. per 1,000 SF
250 lbs. per 1,000 SF
The entire project shall then be irrigated with a deep watering schedule to leach out sal1
A total of six (6) inches of water shall be applied at the rate of one (1) inch p
application. The soils shall then be tested again by the agricultural chemist for PH ai
salts. If soil is found to be in the appropriate range, then nutritional correction may tal
place. If the soil is not acceptable to the chemist, it shall be further leached through dec
irrigation until it is acceptable.
Nutritional correction. After soil has been chemically corrected, Contractor shall amei
and rototill 40 lbs. of 1-10-10 fertilizer per 100 SF into the top 8' of soil.
The Contractor shall apply post-plant 14-7-3 fertilizer at the rate of 20 lbs per 1,000 S
60 days after planting and every 60 days through the end of the maintenance period.
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To Section 308-4.1, General, add:
Actual planting shall be performed during those periods when weather and soil conditio:
are suitable and in accordance with locally accepted horticultural practice and after tl
irrigation system is complete as approved by the Engineer. No planting shall be done
any area until it has been satisfactorily prepared in accordance with these specificatior
Soil moisture level prior to planting shall be no less than 75% of field capacity. TI
determination of adequate soil moisture for planting shall be the sole judgment of tl
Engineer and his decision shall be final. The Contractor shall obtain approval of plantir
pits before planting operations shall begin. If the soil moisture level is found to 1
insufficient for planting, all planting pits shall be filled with water and allowed to dra
before starting planting operations. No more plants shall be distributed in the planti1
area on any day than can be planted and watered on that day.
AU plants shall be planted and watered as herein specified immediately after removal of tl
containers. Containers shall not be cut prior to pit preparation and the plants shall 1 II planted immediately thereafter.
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To Section 308-4.2, Protection and Storage, add:
The Contractois on-site plant storage area shall be approved by the Engineer prior to t
delivery of any plant materials. Any plant determined by the Engineer to be wilt€
broken, or otherwise damaged shall be rejected at any time during the project whether
the ground or not. All plants shall be handled by its trunk or stem shall be rejected. 1
rejected plants shall be removed from the site immediately.
To Section 308-4.5, Tree and Shrub Planting, add:
Planting backfill shall be a thoroughly blended mixture of existing site soil and SI
amendments at the following mixture:
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Soil Conditioner 1/4 CY
Iron Sulphate
Gypsum
Planting Tablets as noted
Site Soil 3/4 CY
1 lb./per CY of mix
10 lbs./per CY of mix
Fertilizer planting tablets (21 gram size) shall be placed with each plant at the followi
rates:
One (1) Tablet
Two (2) Tablets
Four (4) Tablets
One (1) Tablet
Per 1 Gallon Container
Per 5 Gallon Container
Per 15 Gallon Container
Per Each Two (2) Inches of
Box Size Container
All plants which settle deeper than specified shall be raised to correct level or replaced
directed by the Engineer.
Pruning shall be limited to the minimum necessary to remove injured twigs and branchc
and to compensate for loss of roots during transplantation, but never to exceed one-ten 1 (l/lOth) the branching structure.
Pruning shall be done only with the approval of, and in the presence of, the Engineer.
To Section 308-4.6, Plant Staking and Guying, add:
All boxed trees shall be staked to the satisfaction of the Engineer. Trees planted in tr
grates shall be single-staked (See details).
Refer to Section 212-1.5.3 for approved staking materials and guying materials.
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To Section 308-6, Maintenance and Plant Establishment, (Minimum 30+30 days), add
For all areas the maintenance period shall be 30 days, but may be extended by tl
Engineer if the required maintenance work is neglected by the Contractor or there
remedial landscape work remaining. Contractor shall also water, weed, and maintain tl
landscaping during a preceeding 30-day establishment period for a total of 60 days. TI
Contractor shall provide complete landscape maintenance of all planting areas. The wo
shall include, but not be limited to, watering, litter control, weed control, stake repa
cultivating, repair of irrigation systems, and control of diseases and pests.
All planted areas shall be treated with an approved granular pre-emergent herbicil
according to manufactureis specifications at the beginning of the maintenance period ai
if the product specifies, addirional scheduled treatments on a regular schedule, as requirl
?
' through the maintenance period.
At the direction of the Engineer, the Contractor shall control weeds, disease, and PC.
infestations in the planting areas. The Engineer shall approve all methods and materia
for such control. Upon approval, the Contractor shall implement the control measur1
exercising extreme caution in using pesticides and taking all steps to ensure the safety
the public. Only licensed personnel will be permitted to perform toxic spraying work.
The 30-day maintenance period shall begin the day after all punch list items have bef
completed and the Engineer certifies final acceptance of the projects. All plant materi
shall have been planted and established for a minimum of thirty (30) days prior to the sta
of the 30-day maintenance period. No separate payment will be made for landscaping ca
and remedial work during construction and/or the thirty (30) day establishment period I
the 30-day maintenance period.
During the establishment period, the Contractor shall furnish sufficient men and equipme
on a daily or weekly basis to perform and work required by this section. Any day whf
the Contractor fails to adequately carry out specified maintenance work, as determinc
necessary by the Engineer, the day will not be credited as one of the plant establishme
days. All planting areas which are damaged by construction shall be repaired by tl
Contractor within 30 days following completion of construction in such areas, unle
otherwise approved. Repair shall consist of bringing the
damaged area back to final grade: Replanting the area with the same vegetation i
originally specified, and maintaining the area to achieve acceptable plant establishmen I
308-7 GUARANTEE
All 15-gallon and larger trees installed under the contract shall be guaranteed to live ar
grow for one (1) year from the day of final acceptance of contract work.
All other plant material, including ground covers, shall be guaranteed to live and grow fc
a period of sixty (60) days from the day of final acceptance of the contract work.
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Any material found to be dead, missing or in poor condition during the maintenan
period, shall be replaced immediately. The Engineer shall be the sole judge as to t:
condition of the material. Material found to be dead or in poor condition within tl
guarantee period shall be replaced by the Contractor at his expense within fifteen (1
days. Replacements shall be made to the same specifications required for the origin
plantings.
t
Contractor shall call for a final inspection two (2) weeks before the end of the 30-d(
maintenance period. Failure to pass inspection will result in an extension of tl
maintenance period for such period as the Engineer deems necessary.
310-5 PAINTING VARIOUS SURFACES I
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To Section 310-5.6.1, General, add:
Contractor shall paint all parking stall striping, pavement marking and curb markings
indicated on the plans in accordance with CALTRANS standards and specifications.
To Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and Curb Markin2
modify as follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid documen
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October 22, 1992
Caves Construction
1155 Cactus Street
San Diego, CA 92073
Re: Bond Release - Contract #3291 - Elm Ave./Roosevelt St. Parking Lot
Per instructions from our Engineering Department, we are hereby releasing the followi
bond for the above-referenced project:
Faithful Performance Bond No. CA2571
CBIC Bonding and Insurance Company
Remaining 25% - $20,249.00 (Warranty)
The bond is enclosed so that you can return it to your surety.
Assistant City Clerk
Enc.
c: Yvonne, Eng.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-281
D'JPLICATE ORIGINAL w - c,
2 #
BOND NO. CA2571 pERFoRMBNce Bow
WHEREAS, the city Cauncil of the Cky of Carlsbad, State of califorzlia, by ResoluIh Nc
(hfircinaftcr ddgnated as the ''kinapal"), a conaact for:
0
91-13 J adopted Jmuwa. 1991 ,hasawaddto CavcsC omtnrcrion
ELM AVENUG AND ROOSEVELT m PARXTNG LOT
CON" NO. 3291
h the City of Carlsbad, in strict conformity with the contract, the drawings a
spdcatiom, and other Conmct Documents nuw on fire in the Office of the City Clerk 1 thc City of Carisbad, all of which amre incorporated hcrdn by thh reference.
WHEREAS, Principal has executed or is about to execute said Contract and the ten
thtreof require the funrisbing of a bond for the faithful perfonnance of said Contracr;
NOW, THEREFORE, WE, Caves Cam J a5 Principal, (bereinafter designated
the "Contractor"), and CBIC BOWING BND INSURANCE COWm J as Surety, are held ax
drc firmly bound unto the City of Carisbad, in the sum of Mtv tfi ousand nine hun
betv-sk Dollars ($ 80.996.00 1 , said sum being equal to one hundred percent (1009
of the estimated amount of the Contract, to be paid to City or irs ceTtsLi31 attorneyt j
successors and a*; for whish payment, well ad truly to be made, we bind ourselve
am, succgssors or assigns, jointly and severally, firm our heirs, executors and admuustra by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Conuact(
their heirs, executors, administrators, successors or assigns, shall in all things stand to 81 abide by, and well and truly keep and perfom the covenants, cdtiom, and agreemer in the Contract and any alteration thereof made as thereh provided on their part, to
kept and performed 81: the rime and in the mama therein specified, and in all resper according to their true Intent and meaning, and shall indemnify and save hannless the c1
of Carkbad, its officers, employees and agents, as thereh stipulated, then &is oblig& 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 ;o the face amount specifi therefor, there shall be included costs and reasonable expenses and fees, includi reasonable artomcy's fees, incurred by the City in successfully enforcing such obaigatk
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that m change, extension of time, alteration or addition to t
terms of the Contract, or to the work to be performed &ereunder or the spdcatic
accoanpanying the same shall affect it5 obligatians ,a thfs bond, and it does hereby d natice of any change, exteosion of he, alterations or addition to the terms of I
cantma, or tu thc work or to tbc sptcifications.
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irr ths eycilt that contractor is an idividuri, it is agxecd that the death of any su
clnntiactat shall not exonerate the Smrty hanits obfigadont under thisbond
Bacuted by SURETY this-. by of
0
Rthis
L 9 91. JANUARY ,1991.
1 CONTRACIDR: Sm
CAVES CONSTRUCTION CBIC BONDING BBD INSURANCE COMPANI
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(* name ha)
1 (attach corporate resolution shswi
(tide and organizarion of signatory)
m
cwat power of attomy)
I
0 (sip he)
(prim name here)
(tide and organization of signatory)
Brapcr notarial acknowledge of ascudon by CUNTRACMR and SURETY must be anrchad)
(Praida or vicapruiduv and secretazy or a#isnnt ta~atpry mwt sign for corpontlonr. If only dicu signs, the corporation must attach a nroAutim cdod by the secretary or assistant Mw UII corponu sail empowvfng &as of3cer to bind rhe corporation4
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
1
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}s. STATE OF CALIFORNIA
COUNTY OF JCZ* <*- Aiaw
U a,4 j
On this day of --.i 0 LG.C,. v 4, , in th
befo[e me, the undersigned, a Notary Public in and for said State, persc close CGJP5
+..-+wcL*v* --. ,-----^z*15 ..% , personall
(or proved to me on the basis of satisfactory evidence) to be the person-
subscribed to the within instrument, and acknowledged to I
executed it.
WITNESS my hand and official seal.
c - I - -_--. - - ?% .j -
l-5 .
PrirkCiPAL OFFI<
i M Comm ssion ~xn h0ay 11 1992 p "----+-A
c- /-\ e 2- .- 1 +(+LLT-
I Notary Public ad for said State.
ACKNOWLEDGMENT-General-Wolcolls Form 233CA-Rev 5-82
~ 01982 WOLCOTTS. INC (price ctass 8 21 i..
STATE OF CALIFORNIA )
) ss.:
CITY AND COUNTY OF SAN DIEGO )
On this 14TB day of JANUARY 1991 , before me, the undersigned Not
a persc in and for the State, personally appeared JEROLD D. HALL
me (or proved to me on the basis of satisfactory evidence), to be the person who exec
written instrument as Attorney-in-Fact on behalf of the corporation therein named anc
acknowledged to me that the corporation executed it.
Given under my hand an JANUARY A.D.,
My commission expires
0
"J RUD CMERIUI ac wim IWD WRIII#E corny m ~~spg~~lll~ O~TFORW WID~~~~AW UPTO 'I~E~~YDUHTSTMRTH m itasurn
OF~UuQlt bolr#ne~I~~81uauIuIHI~~~AT~l)77oms PbWER~FATO~.AYYBUSUREWKLYOUITHIIPmYWOF~.iF~ lUVENW~IBOUlORWWtTOVfRlFY~S~~
CR257 1 wrns~~b~ CA043 powsrk C01326 WNa
1 /92 DabAgpmred: 1/14/91 Liniw kmr dAtt#r biwd
RL Thiel Apprarrdbl:
of^ CAVFS CONSTElJCTToN
Nvshofutlliga: CITY OF CAW SRAD
Dwuipt#no: ELM AVENUE AND ROOSEVELT STREET PFlRKlNG LOT
- mrt#)
CONTRACT NO. 3291
L- (IlApPEubk):
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ROBERT T. DRIV€R CO., INC.
Your representative
Jerry Hall
(61 9) 238- 1828
1620 FIFTH AVE., SAN DIEGO, CA 92101
4
October 22, 1992
Caves Construction
1155 Cactus Street
San Diego, CA 92073
Re: Bond Release - Contract #3291 - Elm Ave./Roosevelt St. Parking Lot
Per instructions from our Engineering Department, we are hereby releasing the followinl
bond for the above-referenced project:
Faithful Performance Bond No. CA2571
CBIC Bonding and Insurance Company
Remaining 25% - $20,249.00 (Warranty)
The bond is enclosed so that you can return it to your surety.
&&
Assistant City Clerk
Enc.
c: Yvonne, Eng.
'I
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
#
I ~ITE IT- DON’T SAY*!
Date yk
To *h, - ig] Reply Wanted
From Karen Kundtz, Ass UNO Reply Necessary
IY
RE: BOND RELEASE INQUIRY - & &? ds’/- em - -6 y52kzQ&&H
Bond for the above-referenced
project .
Bond No. C&2XY/ Amount ~~424~ I 48 / LA
Thanks,
Pf
x-
AIGNER FORM NO 55032
Release
Authorize By: /&C& :
Approved:
Senior * In pector a-cp/p ate RICH RD E. COOK
Principal Inspector
'T SAY fi)!
Date 7&
To */!x. - Ix] Reply Wanted
From Karen Kundtz, Ass UNO Reply Necessary
Lv
RE: BOND RELEASE INQUIRY - & A 3%77/- - $=?-& '/e-
uLj&-&p- {w-) Bond for the above-referenced
('&7 project .
Bond No. c.%f?57/ / 2flflQ / &A
Thanks,
PF
J-
AIGNER FORM NO. 5.5-032
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B ae llw P 8’ Q e P P wwilF1 I WP-PI
Date
e
To . +A- i.3 Reply ~aritcd
Re: Bond Release - w-.~ 301f/- e- - Froin Karen Kundtz, tant City Clerk ONo Reply Necessary
Our records indicate ttiat the &*BC
above-referenced subdivision/proj ect is eligible for release. IJe need
your writ ten aurhorization/approval for release. Please let me know
the status, and if release is 0.k.
bond for the
Tlianks,
+.- &/& Y-
AIGNER FORM NO, 554X2 PlllNTI
I
esP $&--cs
@JpBglo@ s\&
F25&71@ 4 r?! $&x22
h$L @&b1W *- /)7{4Z
Appmved :
Project Inspector Date
t
Approved : Authorized By:
Senior Inspector Date RICHPWRD E. COOK
Principal Inspector
526 --
y: li I b I I - WUIV I 3HY ,,. Date
Tfl / +-A*- a Reply Wanted
-_ Frorn Karen Kuridtz, tarlt City Clerk UNO Reply Necessary
Re: Dorid Itelease - w-.~ 3~- e- w
Y'
Our records indicate tliat the Maw bond for ttie
above-referenced subdivision/proj ect is eligible for release.
your writ ten authorization/approval for release. Please let me know
tlie status, and if release is 0.k.
We need
Tiianks, 9- *.e +$A+
AIGNCR FOllt.4 NO 55032 F'II1N
I
December 16, 1991
Caves Construction
1155 Cactus Street
San Diego, CA 92073
Re: Bond Release - Contract No. 3291 - Elm Ave./Roosevelt Parking Lot Improveme
The Notice of Completion for the above-referenced project has recorded. Therefore,
instructions from our Engineering Department we are releasing 75% of the Performai
Bond. Please consider this letter as your notification that $60,747.00 of CBIC Bonding i
Insurance Company Performance Bond No. CA2571 is hereby released. We are requi
to retain the remaining 25% for a period of one year. At that time, if no claims have bc
filed, it will be released.
The Labor and Materials Bond in the amount of $40,498.00 will be eligible for release
months from the date of recordation of the Notice of Completion, on March 16, 1992.
copy of the recorded Notice of Completion is enclosed for your records.
&J$z
Assistant City Clerk
Enc.
c: Yvonne, Eng.
Jerry Hall, Robert F. Driver Co., Inc.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28
8163 -
Recording requested by: JI,
)
CITY OF CARLSBAD ) 1
When recorded mail to: )
)
City Clerk )
City of Carlsbad )
1200 Elm Avenue )
---
1 Space above for Recorder’s Use
NOTICE OF COMPLETION
Carlsbad, CA 92008
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter de:
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 92
The r;a:ure of the title of the undeisigned is: I:: fee.
A work of improvement on the property hereinafter described was completed on Julv 26, 1 i
The name of the contractor, if any, for such work of improvement is Caves Construction Co
The property on which said work of improvement was completed is in the City of Carlsbad,
of San Diego, State of California, and is described as follows: Project No. 3291, Park
Improvements at Elm Avenue and Roosevelt Street.
The street address of said property is NONE. 8.
CITY OF CARLSBAD
Qdk
~LLLOYD B. HUBBS
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Ca
September 10 , 19&l, accepted the above described v 92008; the City Council of said City on
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 11 , 1921at Carlsbad, California.
CITY Ci CAFiiSBAD
dik!YA% /P-
ALETHA L. RAUTENKRANZ
City Clerk
EXHIBIT 2
*
September 12, 1991
Annette J. Evans, County Recorder
P.O. Box 1750 San Diego, CA 92101-2422
Enclosed for recordation are the following described documents:
Notice of Completion - Project No. 3303 Agua Hedionda Lagoon Pump Station The Industrial Co., Ind., Contractor
Notice of Completion - Project No. 3224 James Drive Storm Drain Hubbard Construction Co., Contractor
Notice of Completion - Project No. 3291 Elm Ave./Roosevelt St. Parking Lot Improvements Caves Construction Co., Contractor
Our staff has determined that the recordation of these documents is of benef to the City; therefore, it is requested that the fees be waived.
Thank you for your assistance in this matter.
&+ Assistant y Clerk
Encs.
____ __ _______-- --
1200 Carlsbad Village Drive 0 Carlsbad, California 92008 * (619) 434-28(
Kicording requested by: )e e 1
CITY OF CARLSBAD ) 1
When recorded mail to: )
)
City Clerk )
City of Carlsbad )
1200 Elm Avenue )
) Space above for Recorder’s Use
NOTICE OF COMPLETION
Carlsbad, CA 92008
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter des
The full name of the undersigned is City of Carlsbad, a municipal corporation.
The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 92(
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on Julv 26, 1:
The name of the contractor, if any, for such work of improvement is Caves Construction Cor
The property on which said work of improvement was completed is in the City of Carlsbad, (
of San Diego, State of California, and is described as follows: Project No. 3291, Parki
Improvements at Elm Avenue and Roosevelt Street.
The street address of said property is NONE. 8.
CITY OF CARLSBAD Q&d,Z4L.k
ph LLOYD 6. HUBBS
City Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Cali
September 10 , 1991, accepted the above described w 92008; the City Council of said City on
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 11 , 1921at Carlsbad, California.
CITY OF CARLSBAD
a&ZA /4PF
ALETHA L. RAUTENKRANZ
City Clerk
EXHIBIT 2
ISSUE DATE
31 I CERTIFICA~ OF INSURANCE e 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN[:
RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NO7 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO\
e 1 4ffjfd-r f* DFtLYE? CJa9 :'-so
Lf?Z? 5Tqi AJ5hus
34f1 QIEG'3, C&e BiBtrI COMPANIES AFFORDING COVERAGE
h!pT '8Eo $r,d?A3Ei:
nfpj E&t2*,S 1% SUB-CODE
INSURED -JEu 4.&ZLE I-*>
cT?wz?2 cGnstructi;KB L-e, &GWG T, %Sb'$4*;c:
??b5 &2Ct.EI.S &.@2$ COMPANY ;b qzJ73-z'fS LETTER D
COMPANY LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND (
SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ALL LIMITS IN THOUS POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDNY) DATE (MMIDDNY) TYPEOFINSURANCE POLICY NUMBER
&. GENERAL LIABILITY ZZ"k3j4j 7 4 / id 3 1 5 Y 6 8 5 3! d ?: ? GENERAL AGGREGATE x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGAl
CLAIMSMADE x OCCUR PERSONAL & ADVERTISING INJURL
OWNERS & CONTRACTORS PROT EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MEDICAL EXPENSE (Any one person
1
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*' AUTOMOBILE LIABILITY c; at3 245 7 %P'L?.'b?k 4P33#@'3? COMBINED
1
SINGLE $ > ri ti >! ANYAUTO LIMIT i ;I
ALL OWNED AUTOS BODILY
SCHEDULED AUTOS (Per person) INJURY $
1 x HIREDAUTOS BODILY
I % NON-OWNEDAUTOS INJURY $ (Per accident)
DAMAGE $ GARAGE LIABILITY PROPERTY
j t i c EXCESSLIABILITY EACH
1
Ed.IC13-4; 'Z -kPar3%?i 46
i
3 $ v OTHER THAN UMBRELLA FORM
'3 i Q 4 2 2 "47 2 4 "[,?iYk 38s>! $? STATUTORY WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY
5 1253 (EACHP
5 L (DISEAS
$ P (DISEAS
~~ E ' OTHER I
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHlCLES/RESTRlCTlONS/SPECIAL ITEMS
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL w
1 CITY ?F C%X 7 SAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMl I d*!W CtETCM LEFT,BEEXAXWX~~~~M~~~
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ACORD 25-S(3/88)
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GL 20 09 (Ed. 01 73) (Jz
This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein.
Endorsement effective 4-3-91 Policy No. CCPL36457 Endorsement No.
Named Insured CAVES CONSTRUCTION, INC .
Additional Premium f INCLUDED Countersigned by
(The following information is rquired only wkn this endorsement is issued subsequent to preparation of policy.)
(Authorized Representative)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSWE GENERAL LIABILITY INSURANCE
MANUFACTURERS AND CONTRACTORS LJABILITY INSURANCE
a
ADDITIONAL INSURED
(Owners or Contractors)
CITY OF CARLSBAD RE:ELM AVENUE & ROOSEVEL’I
RUTH FLETCHER PARKING LOT CONTRACT j‘,
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008-1989 Schedule
Name of Person or Organization
(Additional Insured) Ladion of Covered Operations
Premium Elsa Rates Advance Premium
Bodily Injury Liability cost $100 of cost t
Total Advance Premium t
Property Damage Liability cost $100 of cost f INCLUDED
t is agreed that:
1 The “Persons Insured” provision is amended to include as an insured the person or organization named above (hereinafter called ”additional insured”), but only with respect to liability arising out of (1) operations performed for the additional insured by the named insured at the location designated above -r (2) acts or omissions of the additional insured in connection with his general supervision of such operation2
I None of the exclusions of the policy. except exclusions (a). (c). (F), (g). (1). (1) and (m), apply to this insurance.
d Additimsi Exciusions This insurance does not apply:
(a) to bodily injury or property damage occurring after
(1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or
(2) that portion of the named insured‘s work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project:
(b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees. other than general wper- vision of work performed for the additional insured by the named insured;
(c) to propetty damage to
:
(1) property owned or occupied by or rented to the additional insured,
(2) property used by the additional insured,
(3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or
(4) work performed for the additional insured by the named insured.
Additional Definition When used in reference to this insurance. “wcrk” includes materials, parts and equipment furnished in connection therewith.
L 20 09 01 73
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