HomeMy WebLinkAboutDaley Corp & California Commercial Asphalt Corp; 1993-06-02; U/M 93-1w. -.
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January 12, 1993
ADDENDUM NO. 1
BID//pRGJ'ECT NO. U/M 93-1, 1992-93 STREETS OVERLAY PROGRAM
Please include the attached addendum in the Notice to BidderYRequest for Bids yo1
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal FodBid
your bid is submitted.
0 seFk Purchasing Officer
RF:m
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
96?zAzM
Bidder's Signature
1p
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434
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ADDENDUM No. 1
January 6, 1993
PROJECT NUMBER: U/M 93-1
PROJECT NAME: 1992-93 STREETS OVERLAY PROGRAM
1. Page 2 - 1 1 : CHANGE THE SENTENCE THAT NOW READS: "The work is antic
to take place during the months of October through November, 1992." TO REAC
work is anticipated to take place in the Spring of 1993."
If you have questions, please contact Chuck Mitchell at 438-0218.
OK& Director W. ANDERSON
RWA: hlh
a:\HLH93051 .ADD
KEYISSUE.FOR 1/6/93
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January 18, 1993
ADDENDUM NO. 2
BD/F’ROJECT NO. BID/PROJECT NO. U/M 93-1 - 1992-93 STREET OVER
PROGRAM.
Please include the attached addendum in the Notice to Bidder/Request for Bids you I
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid v
your bid is submitted. . 2$iLzL&P+ RUT FLETCHER
Purchasing Officer
RF:m
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
WAU
Biddeis Signature
clr
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-
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ADDENDUM No. 2
January 14, 1993
PROJECT NUMBER: U/M 93-1
PROJECT NAME: 1992-93 !XEEETS OVERLAY PROGRAM
1. Page 49 - item #13: ADD THE FOLLOWING PARAGRAPH: All Asphalt-Rubber €
shall be in accordance with the "SPECIFICATIONS FOR ASPHALT RUBBER HO'
Section Iv, beginning on page 63 of the special provisions. The Contractor shall n:
asphalt-rubber binder supplier as a subcontractor on the "DESIGNATIC
SUBCONTRACTORS", page 13, when bidding the project. No bids will be accepted 7
the asphalt-rubber binder supplier named.
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If you have any questions, please contact Chuck Mitchell at 438-0218.
@W 4
RALPH W. ANDERSON v Director
RWA:hlh
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FEH I h IYY3
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February 16, 1993
ADDENDUM NO. 3
BID/PROJEXT NO.U/M 93-1, 1992-93 !3TREET OVERLAY PROGRAM
Please include the attached addendum in the Notice to Bidder/Request for Bids you
for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
your bid is submitted.
-3 gi ,c/c ,~aLALL
RUTH FLETCHER
Purchasing Officer
RF:m
Attachment
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I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
/fa
BiddeJs Signature
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434
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ADDENDUM No. 3
February 16. - 993
PROJECT NUMBER: U/M 93-1
PROJECT NAME: 1992-93 STREXI'S OVERLAY PROGRAM
1. Page 1,1 1 - CHANGE date of bid opening to Wednesday, the eleventh (11th) d:
March.
Page 5, Item 1 - CHANGE the Approximate Quantity and Unit from 10,241 tor
14,363.52 tons.
Page 68 - DELETE and ADD THE FOLLOWING:
Subsections 203-6.5.0 and 203-6.5.2 shall be modified by adding the follo
paragraph:
Proportioning shall be performed using an automatic batching system, anc
proportioning device shall be automatic to the extent that the only manual opez
required for proportioning all materials shall be a single operation of a switc
starter.
203-1 1.5 Miscellaneous Requirements.
Subsection 203-6.8 shall be modified as follows:
Asphalt-rubber binder shall be at a temperature not less than 375" F or more
425" F when added to the aggregate. The temperature of the aggregate shall r
less than 325" F at the time of adding the asphalt-rubber binder.
302-3.6 Asphalt-Rubber Subcontracting and Supervision. To maintain q
control, limit public inconvenience and maximize public safety, all work relati
construction of an ARAM, including asphalt-rubber blending, application, placc
of cover aggregate, traffic control, and sweeping shall be performed in their e1
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solely by either the prime contractor or a designated subcontractor, and not in
combination with each other. None of the above-described work shall be perfon
by a material supplier or by a second tier subcontractor.
The subcontractor or prime contractor, whichever performs the above-described wc
shall employ and provide to the project a qualified supervisor, highly experienced
fully knowledgeable in all aspects of asphalt-rubber construction. The supervisor s
be in direct control of all above-described work, and shall be available at the prc
site on a continuous basis for consultation and to respond to written directives f
the engineer, during all periods of this work.
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302-5 ASPHALT CONCRET'E PAVEMENT
302-5.1 General. The last sentence of Subsection 302-5.1 of the Stan
Specifications is hereby deleted and replaced with the following:
Bituminous pavement shall be removed in accordance with Subsection 300-2.1,
302-5.2 Cold Milling Asphalt Concrete Pavement.
302-5.2.1 General. The following is hereby added to the first paragraF
subsection 302-5.2.1:
Such straight edge grade along the edge of the cold plane area shall not deviate I
than 1/4 inch below nor 1/8 inch above the grade specified in the plar
specifications.
302-5.4 Tack Coat. Tack coat material shall be Grade SS-lh emulsified aspha
302-5.5 Distribution and Spreading. Contractor shall provide automatic si
control as directed by Engineer.
The leveling course shall be installed in lane widths, but only in areas of depr
elevation as designated by the Engineer. Every effort shall be made to rninimiz
thickness of leveling course material in areas of existing pavement that hav
experiences settlement. Leveling course material shall be E-AR4000.
302-5.6 Rolling. Rolling along a joint shall be such that the widest part of the
is on the hot side of the joint.
Rubber tire rollers shall be used on any leveling course.
302-5.7 Join lines between successive runs shall be within 6 inches of lane li
a minimum of 12 feet outside of the outer most lane line.
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302-5.9 Measurement and Payment. Asphalt concrete pavement leveling course s
be paid for at the contract unit price per square foot. Such price provide shall incl
full compensation for furnishing and placing materials required and for all la
equipment, tools, and incidentals needed to complete the work in place.
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302-9 ASPHALT-RUBBER HOT MIX (ARHM)
302-9.1 General. ARHM shall conform to the specifications for Subsection 3(
except as modified herein.
Asphalt-rubber hot mix shall consist of one or more courses of an asphalt-m'
binder and graded aggregate as specified in Subsection 203-1 1 placed upon a prep
roadbed or base or over existing pavement. The courses shall be of the typ
mixture and the dimensions shown on the Plans or Specifications.
Tack coat material shall be grade SS-lh emulsified asphalt.
302-9.2 Distribution and Spreading. Section 302-5.5 is hereby modified as folli
At the time of delivery to the work site, the temperature of ARHM shall not be 1(
than 300" F or higher that 350" F.
ARHM shall not be placed when atmospheric temperature is below 60" or dl
unsuitable weather, or when pavement 1.2peratu-e is below 55" in shaded are
302-9.3 Rolling. Section 302-5.6 is hereby modified as follows:
A vibratory roller shall be used for initial breakdown rolling.. The initial breakd
rolling shall be completed before the asphalt-rubber hot mix temperature falls b
275" F measured immediately in front of the roller. Pneumatic rollers shall nc
used. Contractor shall provide a pavement temperature reading, with an infrared
measurement instrument, when requested by the Engineer.
302-9.4 Rock Dust Blotter.
At the option of the Engineer, a rock dust blotter may be required. Rock Dus
Subsection 200-1.2 shall be uniformly applied using a mechanical spreader at a
of approximately three pounds per square yard. The Contractor shall have avai
on-site 10 tons of rock dust. The cost of the rock dust and the rock dust blotter
be included in the unit cost for Ashpal Rubber Hot Mix.
302-9.5 Measurement and Payment. Measurement and payment of ARHM sk
the same as for asphalt concrete per Subsection 302-5.9.
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Page 73 - DELETE the existing page and REPLACE it with the attached revised pa
Page 75 - DELETE the existing page and REPLACE it with the attached revised pa
Page 76 - DELETE the existing page and REPLACE it with the attached revised pa
Page 77 - DELEX the existing page and REPLACE it with the attached revised pa
Page 80 - DELETE the existing page and REPLACE it with the attached revised pa
Page 86 - DELETE the existing page and REPLACE it with the attached revised pa
Page 87 - DELETE the existing page and REPLACE it with the attached revised PE
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questions, please contact Chuck Mitchell at 438-0218.
RWA:hlh
B:VILH93054.ADD 0
Q 1992-93 OVERLAY
U/M 93-1
CARISBAD UGE DRIVE
INTESTATE 5 to MONROE STRm 0
Nosc
DESCRIFTON OF WORK: 2" OVERLAY wtth PETRO MAT and HEADERGRIND
ESTIMATED MATERIAL QUANTITIES: ASPHALT 2.61 3 tona 21 7.750 sf) PETRO MAT 18.61 1 sy 13,350. x 50.1 HEADERGRIND 6,830 If 2 croaa cub
FACILITIES TO BE RAISED: 5 STORM DRAINS 5 MONUMENTS 25 WATER VALVES (4TT)
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pmg AREA OF OVERU
4 1992-93 OVERLAY
U/M 93-1
DAISY AVENUE
BAllQUrfOS DRNE to south end
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TW\SH DAY: THURSDAY
DESCRIPTION OF WORK 2" OVERLAY wlth PETRO MAT and HEADERGRIND
PETRO MAT 9,389.00ry HEADERGRIND 6,797.00 If
11 MONUMENTS 35 WATER VALVES (4TT)
1,500.72 tons 125,060 sf) 3,380' x 25') I 1 CrOW Cut)
ESTIMATED MATERW QUANTITIES: ASPHALT
FAClllTlES TO BE RAISED: 1 STORM DRAIN
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0
p?g AREA OF OVERLAY
! 1992-93 OVERLAY
U/M 93-1
BATIQUITOS DRIVg
POlNSrmA WE to POPW LANE
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TRASH DAY: THURSDAY
DESCRIPTION OF WORK: 2" OVERLAY and HEADERGRIND
HEADERGRIND 3,693.00 If
0 STORM DRAIN 11 MONUMENTS 10 WATER VALVES (4lT)
ESnMATED MATERIAL QUANTITIES: ASPHALT 1,108.80 tons 92,400 rf)
12 cross cut.)
FACILmES TO BE RAJSED:
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pm/q AREA OF OVERLAY
1992-93 OVERLAY
U/M 93-1
LA COSTA AVPINUE
RANCHO WA FE ROAD to CAMINO DE LOS COCHES 0
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TRASH DAY: FRIDAY
DESCRIFRON OF WORK 2" OVERLAY wlth PETRO MAT and HEADERGRIND
ESTIMATED MATERIAL QUANTITIES: ASPHALT 1,860 ton8 141,112 sf) I PETRO MAT 13,889 $7 { 2,500' x 50' HEADERGRIND 5,124 i 2 CrO88 Cuts
FACILITIES TO BE RAISED: 1 STORM DRAIN 5 MONUMENTS
0 WATER VALVES
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9 \ L 05
0
-2 AREA OF OVERMY
4 1992-93 OVERLAY
U/M 93-1
PWA STREET
UNICORN10 STREET to ABEDUL STREET 0
Nos
TR&H DAY: THURSDAY
DESCRIPTION OF WORK 2" OVERLAY and HEADERGRIND
ESTIMATED MATERW QUAMTilES ASPHALT 225 tona (18,744 af)
HEADERGRIND 1,136 If (0 croas cuts) FACILITIES TO BE RAISED:
0 STORM DRAINS 1 MONUMENT 1 WATER VALVE (ROUND)
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s 1992-93 OVERLAY
U/M 93-1
AVENIDA DE LOUISA
AVENlDA DE ANITA to end
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TRASH DAY: WEDNESDAY
DESCRIPTION Of WORK T OVERLAY and HEADERGRIND
ESTIMATED MATERW QUANTITIES: ASPHALT 839.52 tons 69,960 sf) HEADERGRIND 4,273.00 If [I cross cut)
FACILITIES TO BE RAISED: 2 STORM DRAIN 0 MONUMENTS
26 WATER VALVES (477)
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0
mq AREA OF OVERLAY
4 1992-93 OVERLAY U/M 93-1
CALLg SUSANA
AVENIDA DE ANlTA to AVENIDA DE LOUISA
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tasc
TRASH DAY: WEDNESDAY
DESCRIFTION OF WORK: T OVERLAY and HEADERGRIND
27,060 8f) HEADERGRIND 1,673 325 ions If [ 1 CTO.8 cut) ESTIMATED MATERW QUANTITIES: ASPHALT
FACILITIES TO BE RAISED: 0 STORM DRAINS 4 MONUMENTS 0 WATER VALVES
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CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR 1. 1992-93 PAVEMENT OVERLAY PROGRAM
CONTRACT NO. U/M 93-1
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TABLE OF CONTENTS
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1 o NOTICE INVITING BIDS ........................................... I
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Item - P -
CONTRACTOR’SPROPOSAL
BIDDER’S BOND TO ACCOMPANY PROPOSAL ..........................
DESIGNATION OF SUBCONTRACTORS ...............................
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ..............................
........................................
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CONTRACT-PUBLICWO .........................................
LABOR AND MATERIALS BOND .................................... 1 PERFORMANCEBOND ........................................... m
1 SPECIAL PROVISIONS
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION .................................
RELEASEFORM ...............................................
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION 1
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n. SPECIFICATIONS FOR 1992-93 PAVEMENT OVERLAY PROGRAM .........
111. SPECIFICATIONS FOR TRAFFIC STRIPES AND PAVEMENT MARKINGS
FOR 1992-93 PAVEMENT OVERLAY PROGRAM ......................
IV. SPECIFICATIONS FOR ASPHALT RUBBER HOT MIX ...................
V. CARLSBAD MUNICIPAL WATER DISTRICT STANDARD DRAWING W13
VI. STREETLISTING ............................................
VII. SITE SPECIFICATION AND LOCATION MAPS ........................
.....
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CITY OF CARISBAD, CALIFORNIA
NOTICE l"G BIDS
Sealed bids will 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
Wednesday, the seventeenth (17th) day of February, 1993, at which time they Wi
opened and read, for performing the work as follows:
1.
CONTRACT NO. U/M 93-1
1992-93 PAVEMENT OVERLAY PROGRAM
The work shall be performed in strict conformity with the specifications as approved b:
City Council of the City of Carlsbad on file with the Municipal Projects Department.
specifications for the work include the Standard Specifications of Public U
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter desigr
"SSPWC", as issued by the Southern California Chapter of the American Public M
Association and as amended by the special provisions sections of this contract. Refer
is hereby made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-or
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R businesses.
I@ The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators
contractors to utilize recycled and recyclable materials when available and M
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purch
Department. Each bid must be accompanied by security in a form and amount req
by law. The bidder's security of the second and third next lowest responsive bidders
be withheld until the Contract has been fully executed. The security submitted by all (
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Se
22300), appropriate securities may be substituted for any obligation required by this n
or for any monies withheld by the City to ensure performance under this Contract. Se
22300 of the Public Contract Code requires monies or securities to be deposited wit
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:
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1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
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I All bids will be compared on the basis of the Street Maintenance Supervisor's est%
The estimated quantities are approximate and serve solely as a basis for the compa
of bids. The Street Maintenance Supervisor's bid is $532,300. The work is anticipat
take place during the months of October through November, 1992. It is estimated to
twenty-five (25) workdays to fully complete all aspects of the project including Swee
The Contractor's attention is directed to Section 6-7, "The of Completion", and Sec
6-9, "Liquidated Damages", of the 1991 Edition of the Standard Specifications, def
responsibility with regard to completion work within the time specified. In the eveni
the scope of work including all conditions and requirements of the contract arf
completed within the number of working days specified above, (25 working d
liquidated damages of two hundred fifty ($250.00) dollars for each and every calenda
required to finish the work in excess of the specified number of working days shall be
to the City of Carlsbad.
No bid shall be accepted from a contractor who is not licensed in accordance wit1
provisions of California state law. The contractor shall state their license nur
expiration date and classification in the proposal, under penalty of perjury, pursua
Business and Professions Code Section 7028.15. The following classificatiom
acceptable for this contract: A, C-12 or C-32, in accordance with the provisions of
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8 law. m If the Contractor intends to utilize the escrow agreement included in the cor
documents in lieu of the usual 10% retention from each payment, these documents
be completed and submitted with the signed contract. The escrow agreement may n
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained ai
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avei
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 n
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execut
Contract shall be those as determined by the Director of Industrial Relations pursua
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773
the Labor Code, a current copy of applicable wage rates is on file in the Office o
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pal
than the said specified prevailing rates of wages to all workers employed by him or 1.
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisioi
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts (
"Subletting and Subcontracting Fair Practices Act."
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1 The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 3
shall apply to the Contract for work.
A pre-bid meeting will be held on Wednesday, February 3, 1993, at 1O:OO a.m. a1
Utilities and Maintenance Administration Conference Room, 2075 Las Palmas D
Carlsbad, California. A tour of the project sites should be made prior to the prt
meeting.
All bids are to be computed on the basis of the given estimated quantities of worl
indicated in this proposal, times the unit price as submitted by the bidder. In case
discrepancy between words and figures, the words shall prevail. In case of an error ir
extension of a unit price, the corrected extension shall be calculated and the bids wi
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out
typed or written in with ink and must be initialed in ink by a person authorized to sig
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day :
to bidding. Submission of bids without acknowledgment of addenda may be cau:
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1 rejection of bid.
I@ Bonds to secure faithful performance of the work and payment of laborers and mat€
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (51
respectively, of the Contract price will be required for work on this project. These b
shall be kept in fill force and effect during the course of this project, and shall extei
full force and effect and be retained by the City for a period of one (1) year from the
of formal acceptance of the project by the City.
Bonds and insurance are to be placed with insurers that have (1) a rating in the
recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct busine
the State of California, and (3) are listed in the official publication of the Departme
Insurance of the State of California. Auto policies offered to meet the specification o
contract must: (1) meet the conditions stated above for all insurance companies anc
cover any vehicle used in the performance of the contract, used onsite or offsite, whc
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insw
certificate must state the coverage is for "any auto" and cannot be limited in any mal
Workers' compensation insurance required under this contract must be offered
company meeting the above standards with the exception that the Best's rating cond
is waived. The City does accept policies issued by the State Compensation Fund me
the requirement for workers' compensation insurance.
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The Contractor shall be required to maintain insurance as specified in the Contract.
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. 92-358 y adopted on the fifteenth day of December y 1993.
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lliLzk&dQ- &++==- Aletha L. Rautenkranz, City Clerk
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CITY OF CARLSBAD
CONTRACT NO.
CONTRACTOR’S PROPOSAL
t
City Council
City of Carlsbad
1200 Carlsbad Village Drive I Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, rea<:
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fux
all labor, materials, equipment, transportation, and services required to do all the WOI
complete Contract No. U/M 93-1,1992-93 Pavement Overlay Program, in accordance
the Plans and Specifications of the City of Carlsbad, and the Special Provisions and
he/she will take in full payment therefore the following unit prices for each item comp
to wit:
NOTE: ltems #7-#7 shall be billed directly to the Street Department at 405
Oak Avenue, Carlsbad, CA 92008.
Item Description with Approximate
Item Unit Price or Lump Sum Quantity unit
No. Price in Words and Unit Price Total
1. Asphalt concrete, Type 1-C- JA+W tons $ 27s $391,40:
2. Asphalt rubber hot mix 2,000 tons $ 52= $lOS;OOC
AR-4000, complete in place
at TWe& ‘Leu dollars and
TL,cUh Rue cents per ton.
14,363, SR.
complete in place at F & TWO dollars and E-Qy cents per ton.
in place at -€3
dollarsand Re,,
cents per linear foot.
place at -8- dollars
and €;,At). cents per
square yard.
40
3. Header grinding, complete 65,375 If $ * $ 32,,6T;17
4. Petro matting, complete in 71,716 sy $ .m $S!,372
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Item Description With Approximate
Item Unit Price or Lump Sum Quantity unit
5. Adjust storm drain manhole 27 $ loo- $ 2JoO
No. Price in Words and Unit Price Total
covers to grade, complete in
place at Oue CIvrrdreJ dollars
and -6- cents each.
grade, complete in place at
Ti,i& Seued dollars and
-6- cents each.
6. Adjust monument covers to 65 $ 37- $;?:405
7. Layout and replace traf‘fic ~ump sum $17,OOO” $ 17,,00l
stripes and pavement
markings, complete in place
e~f- at TA~YJ~C~~ dollars and e cents.
$ec*.ccr+ee
NOTE: Items #8-#I2 shall be billed directly to Carlsbad Municipal Watc
District at 5950 El Camino Real, Carlsbad, CA 92008.
8. Adjust sewer access hole 60 $ \Oo -. $ 6,006
covers to grade using
appropriate size Southbay
Foundry SBF #1310 cast
iron extension rings,
complete in place at
011e CCuudrco( dollars and
-8 cents each.
assemblies to grade using
appropriate size Southbay
Foundry SBTT cast iron riser
ring with anchor pin,
complete in place at
TLtp-t~ Seucd dollars and
-8 cents each.
9. Adjust 4TT valve box 107 37- $ 3 ; 939 $
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Item Description with Approximate
Item Unit Price or Lump Sum Quantity unit
10. Adjust water valve boxes 20 $ \20- $ 2,400-
t No. Price in Words and Unit Price Total
to grade in accordance
with CMWD standard
drawing number W13,
complete in plate at
Ouc LdrJ Zu.Cydollars and
-e3 cents each.
11. Remove existing round 22 $ \Is” $ 2,530’ water valve boxes and
replace with type 4TT
boxes (to be supplied by
CMWD) and raise to
grade at Ore U,,wdcJ E-F+=Q
dollars and 43-
cents each.
12. Adjust sewer dead end 2 $ 230’ $ 460 4 covers to grade using
appropriate size cast iron
gate cap so as to
eliminate extraneous
flow from entering sewer
system, complete in
place at LO Ccuddd fiipft
dollars and 43
cents each.
Total amount of bid in words: Sig Mu,dred L,,J-C,~IP~ TLss~,d.dl;r/e bf~&
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). \ iZ 43 =/have been received and%/are included in
proposal.
The Undersigned has checked carefully all of the above figures and understands that
City will not be responsible for any error or omission on the part of the Undersigne
preparing this bid.
uo\japs aw.d TwJ+dr - TWO Ced./f s 6 2 3, 7 20 g
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1 The Undersigned agrees that in case of default in executing the required Contract I
necessary bonds and insurance policies within twenty (20) days from the date of awa
Contract by the City Council of the City of Carlsbad, the proceeds of the check or t
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is lice1
to do business or act in the capacity of a contractor within the State of California, va
licensed under license number lo 3 ?330 ZL , classification A which eq
on Z-ZP- 7 cd, and that this statement is true and correct and has the legal effec
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursi
to the Business and Professions Code shall be considered nonresponsive and shal
rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved
bid submitted shall be invalidated by the failure of the bidder to be licensed in accork
with California law. However, at the time the contract is awarded, the contractor s
be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsba(
personally interested, directly or indirectly, in this Contract, or the compensatio
be paid hereunder; that no representation, oral or in writing, of the City Cow
its officers, agents, or employees has inducted him/her to enter into this Contr
excepting only those contained in this form of Contract and the papers made a 1
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corpora
making a bid for the same work, and is in ail respects fair and without collusioi 1 fraud.
Accompanying this proposal is % A..~CX+%~ (Cash, Certified Check, Bond or Cashier's Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code wk
requires every employer to be insured against liability for workers' compensation 01
undertake self-insurance in accordance with the provisions of that code, and agree:
comply with such provisions before commencing the performance of the work of
Contract and continue to comply until the contract is complete. 1
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BAHLH92014.ST 6/2
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I The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Art
2, relative to the general prevailing rate of wages for each craft or type of worker nee
to execute the Contract and agrees to comply with its provisions.
0
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number) 1 City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signat
must be made by a general partner)
(3) Place of Business
(Street and Number) 8 City and State
Zip Code Telephone No.
B:WLH92014.ST 6/%
CALBFORNIA ALL-PURPOSE ACKNOWLEDGMENT
B 9 --~~~-~-~~~~~~~~~~-~-~~ -"~~-.---q-----.<w'6-; --q,&w-- ---I ---A - OPTIONAL SEI
CAPACITY C LA1 M ED
Though statute does not reqt
fill in the data below, doini invaluable to persons relying c 0 INDIVIDUAL
BCORPORATE OFFK
,
State of CALIFORNIA
County of SAN DIEGO
On 3/11/93 beforeme, SUE MEGRAN, NOTARY PUBTtTC DATE NAME TITLE OF OFFICER E G , 'JANE DOE NOTARY PUBLIC'
personally appeared THOMAS D. SHADDOX I Vice Pre:
agersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 L
subscribed to the within instrument and ac- 0 ATToRNEY-'N-FAC
knowledged to me that he/she/they executed 0 TRUSTEE@)
the same in his/her/their authorized GUARDIAN/CONSE
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
NAME(S) OF SIGNER@) TITLE@)
to be the person(s) whose name(s) is/are UC
SIGNER IS REPRES
NAME OF PERSON(S) OR ENTl
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT.
TITLE OR TYPE OF
NUMBER OF PAGES DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 CanoS
I
I IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
~ALEv CORPORATICN-@AL'FCRN!,4 ~,OMMEF ASPHALT CL:RFOR,+TIZ-T --.. YENTUHE. Y
t
(2)
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sipiiie r
-- I Title
Impress Corporate Seal 1
(39 Incorporated under the laws of the State of (?,A L\lcsz-~\ct
(4) Place of Business D n 8,. 1 (Street and Number)Sm ~ieiz~ gzz
City and State
(5) Zip Code Telephone No. S3- 1- \4oO
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUSI
A'ITACI-IED
List below names of president, vice president, secretary and assistant secretary,
corporation; if a partnership, list names of all general partners, and managing partnl
B_~ALE~ COF,PORATiON CALIF. CCMNlERCl AL ASPHALT CORPORATION C.6 9. DONALD L DAW &I. p"-"i;YNT ! 'LL,
1 1t-L 7 nai,ps T ZitGFEY JOHiV H. DALW dLt,!- PRESIDENT
3kG I YI I Ht3.
-- RQ- i=?d 5 A. Il4j8C+C NApAERA SE@nm=S-
-
B:WLH92014.ST 6
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Bond No. SUR 15 00 86
Premium included in BBSU
f
BTDDWS BOND To ACCOMPA.iGY PROPOS~ I
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laOW .+j. fEYUNS BY. TiESf PRESENTS;
mr we, Corporation, a Joint Venture a p&&;Zi, and Golden Eagle Insurz
a ey orporation an California Commercial Asphalt
a.
3s Surery me heid and firmiy bound mm che’City of Cakbad, Caiifornia, in LT mom
idows: (must be ar least :en pexent [IO%) of LX bid mount)
for wk& payneirr, we9 ad uxly made, we bind Gurselves, our heirs, execufurs
adminisrams, SUCC~SSO~S or assigns, joindy ad srvdy, My by these presertrs.
TAE CONDEION OF ‘E-E FOREGOING OBECXTON is SUCX char it: tie prupcsal 01
abave-bounden Principal for [he 1992-93 Pavement Gveriay Pmgram, Gnaac: No. 1
93-1, in the Cirj of CaLbad, is accepreti by &e Gry Counci, ad if the ?rlncipai shd
enter inro ma exec-xe a Csnma h&idir,g rq&ed hnds ad kmxmce pokics w wency (20) days rkon rhe dace of awz:! of Conma by the City Ccuncif oi the Cii
Carkbad, being ady nocZed of saici award, &en r& abiigadcn shall become null
void; arherYvise, ir shad 5e ad renai.n 5 iuff force ad efietr, ad &e mount spec
hereh shad be forisired io :he =id Ciry.
Ten Percent of amount 3id-----------------------------------------------
..--
....
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v...
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,...
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..-.
3:~~~9201 JST
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CALUFORNIA ALL-PURPOSE ACKNOWLEDGMENT -ESG=2=3% - OPTIONAL SE
CAPACITY CLAIMED
Though statute does not reqi fill in the data below, doin invaluable to persons relying (
aCQRPORATE OFF (
State of CALIFORNIA
SAN DIEGO
SUE MEGRAN, NOTARY PUBLIC
NAME TITLE OF OFFICER - E GI 'JANE DOE, NOTARY PUBLIC
personally appeared) , Vice Pres):
mersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence 0 PARTNER(S) 0 L
subscribed to the within instrument and ac- ATToRNEY-IN-FAC
knowledged to me that he/she/they executed 0 TRUSTEE(S)
the same in his/her/their authorized 0 GUARDIAN/CONSE capacity(ies), and that by his/her/their
signature@) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
NAME(S) OF SIGNER@) TITLE@)
to be the person(s) whose name(s) idare 0'
SIGNER IS REPRES
NAME OF PERSON(S) OR ENTl
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
Cemficate of hcknowiedgement
sr. OF CXLIFORNU
Victoria M. Camokll, Xotarv Public before me.
I Counryof mmge
on February 25, 1993
Dersonaliy appearea K. 3. Viodes
to be the person($ wnose name@ Isi&tsubscnbed personally known to me e in G@heritE%autnorlzea capacity@), and that ~ within ~nstnunenc and a
mher/Wsignatwmon she lnsmenc the person($$+. or :he enmy upon benaif of wtuucn 1.he penon(g acted. executed the ins'
Vl?U3S my hana ana oificlal Seal.
u Siggamre (Seal)
MY COMVISSIOH E XOi72 6-9 1
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In the evenc Prindpal exxxred di;s bona as an i?divl,dual, it is agreed rhar rhe deatk
Principal shall ri:oz: emnerate rfie Surety hrn irs obligaaom; under rhrs bond.
Excused by PRINCIP.4L this day ai
g 0
Execured by SUW tiis 25th day c
19 93 . - lil J 19-. February
P,R"PAL: S'U'RETY: Dale Corporation and eafif ornia Commercial
Asphalt Corporation, a Joint Venture Golden Eagle Insurance Comoany
(%arm of R5ncipd)
I
a (Xame or' Surer-)
5385 El Cajon Blvd.
San Diego, CA 92115-5335
[Mkess cf Surexyj
I [sign here) ,fly
+
(619) 287-6773 4, $xkc name here) (Tekphone Nurnber of Svreryj
WE PEESrn OLIEY CW? c) '1 3y dh?lk&?/JJ t
t (titie ad OigUrnUOn Or' SlgnaKirJi) Sigxxxu~e si .iitan.ey-1a-PacX
K. R. Viodes - pxec name of iinorixy-in-rac:
(am& cclqorarz :SG~UIIO~I show
c*menf: potver ai anomev)
0 8. b
1 v1
a' (tide ana organmuon oi siparmy)
d (Proper nocmal adknowledge oi exeauon by PWCIPAL ana SURET< ~~1st DC aclachecl)
presidenr 3r nce-prtsidenc and sccrefary or aSISTaXX setrecar/ zuit j:m for corponnons. if ody
o&cer signs. be carporanon nusr ma& a redunon ctrofkci by 'f?e seererary or zssmt secew u
caqjorare sed empowering char oifictr to bmd he corporauon.1 d
,IPPROVED AS TO FORM:
XONALD R BALL
Ciy Arrorney 1. !3y: QJ s/L+
IWN J. HIRATA w Depury Ciry Anorrey
a/ S;Wt?t?ZOl-I.s-T B
<
GClDEII EAGLE 1RSL)RANCE COHPANY EXECUTIVE OFFICES
San Oiego, California
F%TR OF ATTORNEY
e
KNOW ALL MEN SY THESE PRESENTS, That the Golden Eagle Insi~rance Company,, a Corporation duly organized
existing under the lzvs of the State of Caiifornia, having its principal office in the City of San Die
Caiifornia does hereby nominate, constitute and appoint:
-__-- >K.R. VIMES<-----
its true and !awful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf
surety, bonds, consents of surety, and undertakings in suretyship for ONE MILLION FIVE HUNDRED THOUSAND DOLL
($1,500,000.00).
This power of attorney is granted and is signed and sealed by facsimile under and by the authority of
'.oltowir;g Resolution adopted by the Board of Directors of the Goiden Eagle Insurance Company at a meeting (
called and held on April 10, i98h which Said Resolution has not been amended or rescinded and of which
following is a true, futl and complete copy.
'?RESOLVED: That the President or Secretary may from time to time appoint Attorneys-In-Fact to repre!
and act for and on behalf of the Company, and either the President or Secretary, the Board of Direcl
or Executive Comnittee may at any time remove such Attorneys-In-Fact and revoke the Pmer of Attol
given him or her; and be it flirther
"RESOLVED: That the Attorneys-In-Fact may be given full power to execute for and in the name
of and on behalf of the Company any and all bonds and undertakings as the business of the
Company may require, and any suc3 bonds or undertakings executed by any such Attorney-In-fact shall be binding upon the Company as if signed by the President ansd seaied and attested by the
S ec ret a r y . 'I
IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by
officer, with its corporate seal affixed.
This 1st day of January, 1993
GOLDEN EAGLE INSURANCE CCHPAN -0
BY:,
I JILLIAM 8. RIPPEE,
State of California 1 County of San Diegq ss.
On this 1st day of January, 1993, before me, the undersigned, a Notary Public in and for said County and S
personatty appeared Wittiam 8. Rippee, personally known to me, (or proved to me on the basis of satisfai
evidence) to be the person(s) whose names is/are subscribed to the within instrument and acknowledged to me
he/she/they executed the same in his /her /their authorized .capacity(ies), and that by his/her/
signaturecs) on the instrument of which the person(s) acted, exe
the instrument.
Uitness my hand and officiat se
(Seal 1
I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify th;
original ?OL'ER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full forc effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name JS Secretary, aqd affixed the Corp
deal '
Corporation, this 25th day of February , 19 93 .
By:
LARRY G. MABEE, Secretary
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DESIGNATION OF suBcomcroRs
The Contractor certifies he/she has used the sub-bids of the following listed Contrac
in making up hisher bid and that the sub-contractors listed1 will be used for the worl
which they bid, subject to the approval of the Utilities and Maintenance Director, ar
accordance with applicable provisions of the specifications and Section 4100 et seq. o
Public Contracts Code - "Subletting and Subcontracting Fair Practices Act." No cha
may be made in these subcontractors except upon the prior approval of the City Engi
of the City of Carlsbad. The following information is required for each sub-contra
Additional pages can be attached if required:
I'
Items of Complete Address Phone No.
Work Full Company Name with Zip C& with Area Ca
s+r;piMJ 1 2469 6y-04 Dr, MarkiN: L~FJC Wbc#-er &rl~ht&Pa[e:Cq 9i20b \-213- 245-3'
[bb tl mqemor F'p-
Header Cut &ncricccQ Cold f'Icwiwcp Oa(ky ceder,cq ?mfZ I-617-747-7 S edb- 2 3 6 p Gr eww cod 4Je. sur: J i cc ~swtreey pa,&,Cp 91754 I-2/3-725-- I3 mdru Lo[e Ad; uJ~e 1-3 r
B:WLH92014ST 6
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AMOUNT OF SUBCONTRACTORS' BIDS
The bidder is to provide the following information on ithe subbids of all the li
subcontractors as part of the sealed bid submission. Additional pages can be attache
required.
I'
Type of State
Contracting Carlsbad Business Amount of Bid
Full Company Name License & No. License No.* ($ or %)
Lip< CIasSfr 238361 UOUC 2, 3 O/O
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid licen
must be obtained prior to submission of signed Contracts. 1
B:WLH92014.ST 6
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BIDDER'S =ATEMEN'" OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility.
r
See GEJCcNCia( S'CQ-c-ern ed-t- ovc) &le uJ+-+A
PaI4mar GirOar+ RaqOl @id.
B:WLH92014.ST t
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a m i!iK$iai
Corporation
P.O. Box 26880, San Diego, CA 92196-0880 (619) 586-0611
April 20, 1993
City of Carlsbad
1200 Carlsbad Drive
Carlsbad, CA 92008
Attention: Ruth Fletcher
Re: Contract #V/M 93-1, 1992-1993 Pavement Overlay
e Gentlemen:
Attached is the Balance Sheet of California Commercial Asphalt Corporation,
prepared as of February 28, 1993. I hereby warrant that the attached BalaI
Sheet is complete and correct as of the date prepared and that no material
adverse change in our financial condition has occurred since that date.
Sincerely,
C IFORNIA COMMERC L ASPHALT CORPORATION
am s L. St. Martin FfJad- Vic President
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- - -- -- -- --
General Engineering Contra
Contractor's License No 1
2400 Murphy Canyon
San Diego, California 92123- Post Offlce Box 6C
San Diego, California 92760-
619/541-
FAX 619/541-
Daley Corporation 0
April 15, 1993
Ms. Ruth Fletcher
CITY OF CARLSBAD
P u rc h as i ng Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1 989
RE: Daley Corporation - CCAC, a joint venture
1992-93 street overlay program - U/M 93
Dear Ruth:
The attached unaudited balance sheets of Daley Corporation for September 30, 19'
and December 31, 1991 are a true and correct statement of Daley Corporation's
financial position for the periods then ended. The December 31, 1992 financial
information for Daley Corporation will be available April 30, 1993.
Very truly yours, /z/: ;N,/(zz//L -7
- e'/"
Robert A. MacNamara
Vice President
RAM/scd
a
- -- -- -- --
General Engineering Conir;
Contractor’s License No. I
2400 Murphy Canyon
San Diego, California 92123.
Post Office Box 6(
San Diego, California 92160.
Daley Corporation 619 / 541-
FAX: 619/541-
Daley Corporation 0
Balance Sheets (Unaudited)
September 30,1992 and 1991
1992
Assets
Current assets:
Cash $ 356,374
Cash, pledged 650,000
Receivables 10,218,024
Costs and estimated earnings in excess of
billings on uncompleted contracts 1,219,863
Real estate held for sale 381,477
Other assets 232,162
Total current assets 13,057,900 3
Receivables 8,829,814
Property, plant and equipment, net 11,445,885 3
Real estate investments 46,404,295 4
$ 81,802,352 f
0 Other assets 2,064,458
Liabilities and Stockholder’s Equiw
Current liabilities:
Accounts payable, taxes and other liabilities $ 13,431,706 3
Billings in excess of costs and estimated
Current maturities of notes payable
earnings on uncompleted contracts 2,850,458
9,784,616
Total current liabilities 26,066,780 1
Notes payable 34,046,463 4
Liability for loss on guarantee of affiliate loan
Other liabilities, principally deferred taxes
1,050,000
1,084,885
Total liabilities 62,248,128 6
Stockholder’s equity:
Capital stock, authorized 2,000 shares; issued
200,000
Additional paid-in capital 1,440,000
Retained earnings 17,914,224
and outstanding 407 shares at stated value
11 -
Total stockholder’s equity 19,554,224 2(
Commitments and contingencies
e
-
8 - $ 81,802,352 -
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BIDDER’S STATEMENT OF TECHNICAL. ABILsI71 AND EXPERIENCE t
The Bidder is required to state what work of a similar character to that included i
proposed Contract he/she has successfully performed and give references, with telep
numbers, which will enable the City to judge hisher responsibility, experience and
An attachment can be used. I
Name and Address
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMI’ITED WITH BID
State of California 1
county of 1
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FHOWS 68. SH
and says that he or she is
, being first duly sworn, deposes
(Name of Bidder) 6
of DMY ~~~~~~~~~~~ - * uhq..L. ‘ T d-d. PA:*Lr
(Name of Firm)
the party making the foregoing bid; that the bid is not made in the interest of, or on bc
of, any undisclosed person, partnership, company, association, organization, or corporal
that the bid is genuine and not collusive or sham; that tlhe bidder has not directl
indirectly induced or solicited any other bidder to put in a false or sham bid, and has
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anj
shall refrain from bidding that the bidder has not in any manner, directly or indire
sought by agreement communication, or conference with anyone to fix the bid price, (
that of any other bidder, or to fix any overhead, profit, or cost element of advan
against the public body awarding the contract of anyone interested in the propc
contract; that all statements contained in the bid are true; and further, that the biddei
not, directly or indirectly submitted his or her bid price or any breakdown thereof, 01:
contents thereof, or divulged information or data relative thereto, or paid, and will not
any fee to any corporation, partnership, company association, organization, bid deposil
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is tirue and correct and that
affidavit was executed on the r\ day of
I.
- Signature of Bidder
Subscribed and sworn to before me on the // day of -
A%k i (NOTARY SEAL)
Signature of No
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City of Carlsbad
Purchasing Department -I) Representation and Certification
The following representation and certification are to be completed, signed and returned with pro1
REPRESENTATIONS: Mark all applicable blanks. I am currently certified by:
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
Certification #:
CERTIFICATION OF BUSINE: REP R ES E NTATlO N (S) :
Mark all applicable blanks. This offeror rei
part of this offer that:
This firm is , is not X
minority business.
This firm is , is not _X
woman-owned business.
DEFINITIONS:
'Minority MINORIN BUSINESS ENTERPRISE:
Business' is defined as a business, at least 51 percent of
which is owned, operated and controlled by minority
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (i.e., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia andTaiwan).
CERTIFICATION:
WOMAN-OWNED BUSINESS: A H
business is ia business of which at least
owned, controlled and operated by a wom
Controlled is defined as exercising the pc
policy decisions. Operation is definec
involved in the day-to-day management.
0
is certified to be factual and correct as of the dater submitted.
L *dh.rLL!, bdlidj$iER@#b, mA-r:o:a, AJOIMT
*'9 -fi?-*,r,i .np 6%:
COMPANY NAME vkpd i U?E. NAME
- --1 -.
CITY,STATE AND ZIP =- SIGNATU RE
54-1- j4- rc--q3 DATE
All)
TELEPHONE NUMBER
12/92
I
CONTRACT - PUBLIC WORKS
This agreement is made this &day of 19 & by and between the
of Carlsbad, California, a municipal co e ation, (hereinaft& called "City''), and Dah
California Commercial Asphalt Corp, A Joint Venture whose principal place of busi is P.O. Box 609018 San Diego CA 92160-9018
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% I (hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Con
documents for the 1992-93 Pavement Overlay Program, Contract No. U/M S
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shill provide all labor, mate]
tools, equipment, and personnel to perform the work specified by the Con
Documents.
Contract Documents. The Contract Documents consist of this Contract, N
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation
Subcontractors, BiddeJs Statements of Financial Responsibility and Tech
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plm
Specifications, the Special Provisions, and all prosper amendments and cha
made thereto in accordance with this Contract 01- the Plans and Specificat
and all bonds for the project; all of which are incorporated herein by
reference.
Contractor, her/his subcontractors, and materialk suppliers shall provide
install the work as indicated, specified, and implied by the Contract Docurn
Any items of work not indicated or specified, but which are essential tc
completion of the work, shall be provided at the Contractor's expense to i
the intent of said documents. In all instances through the life of the Con1
the City will be the interpreter of the intent of the Contract Documents, an
City's decision relative to said intent will be find and binding. Failure o
Contractor to apprise subcontractors and materials suppliers of this conditii
the Contract will not relieve responsibility of compliance.
Payment. For all compensation for Contractor's performance of work unde
Contract, City shall make payment to the Contractor per Section 9-3 o
Standard Specifications for Public Works Construction (SSPWC) 1991 Ed
and the latest supplement, hereinafter designated "SSPWC", as issued b
Southern California Chapter of the American Public Works Association, a
amended by the Special Provisions section of this contract. The closure da
each monthly invoice will be the 30th of each month. Invoices fron
2.
3.
4.
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Contractor shall be submitted according to the required City format to the (
assigned project manager no later than the 5th clay of each month. Pap
will be delayed if invoices are received after the 5th of each month. The
retention amount shall not be released until the expiration of thirty-five
days following the recording of the Notice of Completion pursuant to Calif(
Civil Code Section 3184.
Independent Investigation. Contractor has made am independent investigatii
the jobsite, the soil conditions at the jobsite, and all other conditions that n
affect the progress of the work, and is aware of those conditions. The Con
price includes payment for all work that may be done by Contractor, whc
anticipated or not, in order to overcome underground conditions.
information that may have been furnished tlo Contractor by City E
underground conditions or other job conditions is for Contractor's conven
only, and City does not warrant that the conditions are as thus indic
Contractor is satisfied with all job conditions, including underground con&
and has not relied on information furnished by City.
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6. Contractor Responsible for Unforeseen Con& tions. Contractor shal
responsible for all loss or damage arising out of the nature of the work or
the action of the elements or from any unforeseen difficulties which may an
be encountered in the prosecution of the work until its acceptance by the
Contractor shall also be responsible for expenses incurred in the suspensic
discontinuance of the work. However, Contractor shall not be responsibl
reasonable delays in the completion of the work caused by acts of God, st
weather, extra work, or matters which the specifications expressly stipulatc
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves di:
trenches or other excavations that extend deeper than four feet below the su
Contractor shall promptly, and before the following conditions are distu
notify City, in writing, of any:
7.
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A. Material that Contractor believes may be material that is hazardous Wi
as defined in Section 251 17 of the Health and Safety Code, that is reqt
to be removed to a Class I, Class 11, or Class 111 disposal site in accord
with provisions of existing law.
Subsurface or latent physical conditions at the site differing from t
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C. Unknown physical conditions at the site of any unusual nature, diffe
materially from those ordinarily encountered and generally recognize
inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the condii
do materially so Mer, or do involve hazardous waste, and cause a decrea:
increase in contractor's costs of, or the time required for, performance of any
of the work shall issue a change order under the procedures described in
contract.
In the event that a dispute arises between City and Contractor whether
conditions materially differ, or involve hazardous waste, or cause a decrea!
increase in the contractor's cost of, or time required for, performance of any
of the work, contractor shall not be excused from any scheduled completion
provided for by the contract, but shall proceed vvith all work to be perfor
under the contract. Contractor shall retain any arid all rights provided eithc
contract or by law which pertain to the resolution of disputes and pro
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, c
changes, modifications and extra work by issuance of written change or1
Contractor shall make no change in the work without the issuance of a wr
change order, and Contractor shall not be entitled to compensation for any t
work performed unless the City has issued a written change order designati
advance the amount of additional compensation to be paid for the work.
change order deletes any work, the Contract price shall be reduced by a fair
reasonable amount. If the parties are unable to agree on the amour
reduction, the work shall nevertheless proceed and the amount shal
determined by litigation. The only person authorized to order changes or (
work is the Project Manager. The written change order must be executed b:
City Manager or the City Council pursuant to Cairlsbad Municipal Code Sec
3.28.1 72.
Immination Reform and Control Act. Contractor certifies he is aware o
requirements of the Immigration Reform and Control Act of 1986 (8
Sections 1101-1525) and has complied and will ccimply with these requirem
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including, but not limited to, verifying the eligibility for employment o
agents, employees, subcontractors, and consultants that are included in
Contract.
Prevailinn Wage. Pursuant to the California Labor Code, the director of
Department of Industrial Relations has determined1 the general prevailing ra
per diem wages in accordance with California Labor Code, Section 1773 a
copy of a schedule of said general prevailing wage rates is on file in the offic
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuar
California Labor Code, Section 1775, Contractoi: shall pay prevailing wi
Contractor shall post copies of all applicable prevailing wages on the job s
Indemnification. Contractor shall assume the defense of, pay all expensr
defense, and indemnify and hold harmless the City, and its officers
employees, from all claims, loss, damage, injury and liability of every kind, nz
and description, directly or indirectly arising from or in connection with
performance of the Contractor or work; or from any failure or alleged failu
Contractor to comply with any applicable law, ides or regulations inch
those relating to safety and health; except for loss or damage which was ca
solely by the active negligence of the City; and kom any and all claims,
damages, injury and liability, howsoever the same may be caused, resu
directly or indirectly from the nature of the work covered by the Contract, ul
the loss or damage was caused solely by the active negligence of the City.
expenses of defense include all costs and expenses including attorneys fee
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the con
insurance against claims for injuries to persons or damage to property which
arise from or in connection with the performance of the work hereunder bj
Contractor, his agents, representatives, employees or subcontractors.
insurance shall meet the City's policy for insurance as stated in Resolution
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10.
11.
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91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the type
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily ir
and property damage. If the policy has an aggregate lim
separate aggregate in the amounts specified shall be establishe
the risks for which the City or its agents, officers or employee 1 additional insureds.
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2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injuq
property damage. In addition, the auto policy must cover
vehicle used in the performance of the contract, used onsit
offsite, whether owned, non-owned or hired, and whc
scheduled or non-scheduled. The auto insurance certificate :
state the coverage is for "any auto" and cannot be limited in
manner.
Workers' ComDensation and EmDlo7rers' Liability Insurance:
Workers' compensation limits as required by the Labor Code o
State of California and Employers' Liability limits of $1,000,001
incident. Workers' compensation offered by the I
Compensation Insurance Fund is acceptable to the City.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the polici
insurance required under this agreement contain, or are endorse
contain, the following provisions. General Liability and Autom I[ Liability Coverages:
1. The City, its officials, employees anld volunteers are to be COT
as additional insureds as respects: liability arising out of actii
performed by or on behalf of t:he Contractor; products
completed operations of the contractor; premises owned, le
hired or borrowed by the contractor. The coverage shall COI
no special limitations on the scope of protection afforded tc
City, its officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insuran
respects the City, its officials, emjployees and volunteers.
insurance or self-insurance maintained by the City, its offi
employees or volunteers shall be in excess of the contrai
insurance and shall not contribute with it.
Any failure to comply with reporting; provisions of the policies
not affect coverage provided to the City, its officials, employe
2.
3. I volunteers.
4. Coverage shall state that the contractoJs insurance shall i
separately to each insured against whom claim is made or s
brought, except with respect to the limits of the insurer's liat
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims n
basis, coverage shall be maintained for a period of three years followin
date of completion of the work.
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(D) NOTICE OF CANCELLATION - Each insurance policy required by agreement shall be endorsed to state that coverage shall not be susper
voided, canceled, or reduced in coverage or limits except after thirty
days' prior written notice has been given to the City by certified 1
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R return receipt requested.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -
deductibles or self-insured retention levels must be declared to
approved by the City. At the option of the City, either: the insurer
reduce or eliminate such deductibles or self-insured retention leve
respects the City, its officials and employees; or the contractor shall prc
a bond guaranteeing payment of losses and related investigation, (
administration and defense expenses.
WAIVER OF SUBROGATION - All policies of' insurance required undei
agreement shall contain a waiver of all riglhts of subrogation the in:
may have or may acquire against the City or any of its official
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as ins1
under its policies or shall furnish separate certificates and endorsemeni
each subcontractor. Coverages for subcontractors shall be subject to i
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with ins, that have a rating in Best's Key Rating Guide of at least A-:V, ah(
authorized to do business within the State of California and are includ
the official publication of the Department of Insurance of the Sta
California as allowed under the standards specified in by the City Co
Resolution No. 91-403 .
VERIFICATION OF COVERAGE - Contractor shall furnish the City
certificates of insurance and original endorsements affecting cow
required by this clause. The certificates and endorsements for
insurance policy are to be signed by a person authorized by that insur
bind coverage on its behalf. The certificates and endorsements are to
foxms approved by the City and are to be recleived and approved by the
before work commences.
COST OF INSURANCE - The Cost of all .insurance required under
agreement shall be included in the Contracior's bid.
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Claims and Lawsuits. All claims by Contractor fix $375,000 or less shall
resolved in accordance with the provisions in the Public Contract Code, Divis
2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which
incorporated by reference. All claims over $375,000 shall comply with
Government Tort Claims Act (Section 900 et seq of the California Governxr
Code) for any claim or cause of action for money or damages prior to filing
lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at no (
to the City, upon request, records in accordance with Sections 1776 and 181:
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does
maintain the records at Contractor's principal pliace of business as speci
above, Contractor shall so inform the City by certified letter accompanying
return of this Contract. Contractor shall notify the City by certified mail of
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing v
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check I
be substituted for any monies withheld by the City to secure performance of
contract for any obligation established by this contract. Any other security 1
is mutually agreed to by the Contractor and the City may be substituted
monies withheld to ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the purcl
order awarded by the City of Carlsbad, he will comply with the County of
Diego Affirmative Action Program adopted by the Board of Supervisors, incluc
all current amendments.
Provisions Required bv Law Deemed Inserted. Each and every provision of
and clause required by law to be inserted in this Contract shall be deemed tc
inserted herein and included herein, and if, through mistake or otherwise,
such provision is not inserted, or is not correctly inserted, then upon applica
of either party, the Contract shall forthwith be physically amended to make s
insertion or correction.
e 13.
14.
15.
16.
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B:WLH92014.ST 6/
19. Joint Venture. The persons signing this contract on behalf of the "Contraci
hereby expressly warrant that a joint venture exists) between them and that tl
are empowered to enter into this contract. They further warrant that a jc
venture exists and shall continue in existence throughout the performance of I
contract, warranty period and any applicable statutory period allowed
bringing an action on the contract or for defective work. "Action" for
purposes of this clause includes but is not limited to any legal proceedir
mediation, or arbitration, claim, demand, question, dispute or controversy.
The persons signing for the contractor hereby also expressly warrant that
have been designated by the joint venture and each individually as hav
express and implied powers to bind the joint venture. Any action taken by th
individuals and/or their agents, representatives or employees shall be conside
by and relied upon by the City as being within their express or implies scopc
authority given to them by the joint venture.
In the event that a joint venturer, or an employee, agent or representative of
joint venturer negligently or fraudulently exceeds his/her express or imp
authority, the joint venturer and each of its members hereby expressly agree:
hold harmless the City.
The persons signing this contract for the Contractor expressly agree that the jc
venture will be liable for any contract or warranty work in the event that onc
more of the joint venturers declared bankruptcy. In such an event, the jc
venture is not relieved of its obligations on the contract.
Additional Provisions. Any additional provisions of this agreement are set fc
in the "General Provisions" or "Special Provisions'' attached hereto and mad
part hereof.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SEI
CAPACITY CLAIMED
Though statute does not reqi fill in the data below, doin1 invaluable to persons relying c
CORPORATE OFFK THOMAS D. SHADDOX & JAMES L. ST. MARTIN, * VICE PRES
0 PARTNER(S) 0 L
17 ATToRNEY-'N-FAC
0 TRUSTEE@)
GUARDIAN/CONSE~
State of- A
Countyof SAN DIEGO
On 4/21/93 beforeme, SUE MEGRAN DATE NAME TITLE OF OFFICER - E G 'JANE DOE NOTARY PUBLIC'
personally appeared
B personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
person(s) acted, executed the instrument.
NAME(S) OF SIGNER(S) TITLE(S)
to be the person(s) whose name(s) is/are oc
SIGNER IS REPRES
WITNESS my hand and official seal. NAME OF PERSON(S) OR ENT
THE DOCUMENT DESCRIBED AT RIGHT. NUMBER OF PAGES DATE OF DOCUMENT
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01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Cano!
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NOTARIAL ACKNOWLEDGEMENT OF
EXECUTION BY ALL SIGNATORIES
MUST BE AITACHED
(CORPORATE SEAL)
DALEY CORPORATION AND CALIFORNIA
COMMERCIAL ASPHALT CORPORATION J.V.
Contractor
BY:
Print Name of Individual & Title
~~~~~~~ D. ~~~~~~
BY ATTEST:
Tit
DALEY CORPORATION
(Name of Corporation or Business)
r (sized'? (D e)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Print Name of Individual & Title By:
By: WE PRESIDFNT/GENERAt MANAGER Qd/&
Title Date Dedty City Attorney
CALIFORNIA COMMERCIAL ASPHALT
CORPORATION
(Name of Corporation or Business)
-1) (NAME OF JOINT VENTURE)
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BOND NO. su
Premium inc
perf orn
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
93-79 , adopted April 6, 1993 , has awarded to DaleY Corpor
Oi n t Vent u r@m-einafter designated as the "Principal' California Commercial Asphalt, A J
Contract for the 1992-93 Pavement Overlay Program, Contract No. U/M 93-1, in the
of Carlsbad, in strict conformity with the drawings and specifications, and other Con
Documents now on file in the Office of the City Clerk of the City of Carlsbad and a
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the tc
thereof require the furnishing of a bond, providing that if Principal or any of I
subcontractors shall fail to pay for any materials, provisions, provender or other sup
or teams used in, upon or about the performance of the work agreed to be done, or foi
work or labor done thereon of any kind, the Surety on this bond will pay the same tc
extent hereinafter set forth.
NOW, THEREFORE, WE,Daley Corporation-California Commercial Asphalt, A J
Principal, (hereinafter designated as the "Contractor"), and Golden Eagle Insuranct Company as Surety, are held firmly bound unto the City of Carlsbad in the su
Dollars ($ 31 I ~ 960.11 ), said sum being fifty percent (50%) of the estirr
amount payable by the City of Carlsbad under the terms of the Contract, for M
payment well and truly to be made we bind ourselves, our heirs, executors
administrators, successors, or assigns, jointly and severally, firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his
subcontractors fail to pay for any materials, provisions, provender, supplies, or teams
in, upon, for, or about the performance of the work contracted to be done, or for any (
work or labor thereon of any kind, or for amounts due under the Unemployment Insur
Code with respect to such work or labor, or for any amounts required to be dedu
withheld, and paid over to the Employment Development Department from the wag
employees of the contractor and subcontractors pursuant to Section 13020 of
Unemployment Insurance Code with respect to such work and labor that the Sure9
pay for the same, not to exceed the sum specified in the bond, and, also, in case si
brought upon the bond, costs and reasonable expenses and fees, including reasor
attorney's fees, to be fixed by the court, as required by the provisions of Section 32
LABOR AND MATERIALS BOND t
I
Three hundred eleven thousand, nine hundred sixty dollars and 11 /IO0
1.
1 the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corpora
entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (cornel
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any
Contractor shall not exonerate the Surety from its obligations under this bond.
B:\HLH92014.ST c
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CALQFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CAPACITY CLAIMED
Though statute does not reqL
fill in the data below, doin! invaluable to persons relying c 0 INDIVIDUAL
=CORPORATE OFFIC
personally appeared , VTrFl PRRSTI
PARTNER(S) 0 L personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
,
County of San Di ego
SUE MEGRAN
NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC"
THOMAS D. SHADDOX & JAMES L. ST. MARTIII
NAME(S) OF SIGNER(S) TITLE(S)
to be the person(s) whose name(s) is/are Clc
A"oRNEY-IN-FAC-
0 TRUSTEEW
0 GUARDIAN/CONSEI
SIGNER IS REPRES
NAME OF PERSON(S) OR ENT
THE DOCUMENT DESCRIBED AT RIGHT.
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave , P 0 Box 7184 0 Cano(
Cerufica-ce oi -lcknowtedgement
3'lXlT OF CXLIFORNU
Countyni i=ranqe j
April 16, 1993 Jexore me. i7icmr:a Y. ";m=ll, Yotar-r ?UO~~C
Z. 3- 7,Oaes 7- - \1
{In
?ersonaLiy aopew
xrsonafly Known co rnemsx - to oe the oeaonlb wnose named ly~swscme
vtrnm insrmmenr. ana mnowreagea co me cna@&/snetm execurea the same in @heniii&Xaucnonzea cmnac~q. XIQ tfia
wher/LWs1wacure@Tm me tnsuument ae oersonca. Jr :ze ctc~q uDon oenaf orsvrucn c
NITYESS my nana ana orficlal Seal. VICTORIA M. GAM
NOTARY PdBLIC - CAI
PRINCIPAL OFF1 jigamre ,Seal1 ORANGE COU
t$,y COMMISSION EXPLRES NOV. L!
-5-w _---- -__
:son h-91
Executed by SURETY this 16th da1 e I) Executed by CONTRACTOR this ZB day of
DALEY CORPORATION AND CALIFORNIA
COMMERCIAL ASPHALT CORPORATION J.V. Contractor (Name of Surety)
BY
$Ui&L 3" >was%# Print Name of Individual
* f 19% April ,19s.
GOLDEN EAGLE INSURANCE COMPANY
5385 El Cajon Blvd., San Diego, C,
(Address of Surety)
s*"p".pp-$ $ ^'",p?
619-287-6773
~ Title (Telephone Number of Surety)
DALEY COWORATION BY: p +(@ l)(h
Signature of Attorney-in-Fact
K.R. Viodes
Printed Name of Attorney-in-Fact
-$26 -46.
(attach corporate resolution showing curr power of attorney)
BY #&!ES Ib. ST. MARTIN
Print Name of Individual VICE ~~~~~~~~~~~~~~~~1 MANAGER
Title
0
By:
;pLL THE JOINT VENTURERS IN DALEY
RATION AND CALIFORNIA COMMERCIAL
ASPHALT CORPORATION J.V. A JOINTVENTURE.
(NAME OF JOINT VENTURE)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant must sign for corporations. If only one officer si:
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
m J. HIRATA, Deputy C@ Attohey
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GOLDEN EAGLE IYSURAYCE wI(pAJlY EXE(XITIM OFFICES
Sen Diego, California
PUER OF ATTORNEY
il)
KNOU ALL MEN BY THESE PRESEPTS, That the Golden Eagle Insurance Compeny, a Corporation duly organized and existing ur
of the State of California, having its principal office in the City of Sen Diego, California does hereby nominate, cc
appoint:
> K-R. VImES <--- ---
its true and lawful agent ard attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, bo
of surety, and dertakings in suretyship provided, however, that the penat sun of any one such instrument executed he not exceed the sun of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceed! dol lars (81,000,000.00).
This power of attorney is granted and is signed and sealed by facsimile under and by the.'authority of the follouii
adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 1
said Resolution has not been amended or rescinded and of which the follouing is a true, full and complete copy.
ttRESOLMD: That the President or Secretary may from time to time appoint Attorneys-In-Fact to represent arx
for and on behalf of the Corrpany, and either the President or Secretary, the Board of Directors or Exec!
Cornnittee may at any time remove such Attorneys-In-Fact and revoke the Pouer of Attorney given him or her; ai
it further
ttRESOLVED: That the Attorneys-In-Fact may be given full power to execute for and in the name of and on beha'
the Company any end all bonds and undertakings as the business of the Company my require, and any such born
undertakings executed by any such Attorney-In-Fact shalt be binding upon the Conpany as if signed by the Pres and sealed and attested by the Secretary.t@
TNESS WHEREOF, the said Golden Eagle Insurance Corrpany has caused these presents to be executed by its offii co rate seat affixed.
this 10th day of September, 1992
GOIDEN EAGLE IWSlJR4NcE co)(pAUY
@!
STATE OF CALIFORNIA
COUNTY OF SAW DIECO By: ss :
William B. Rippee
On this 10th of September, 1992, before the subscriber, a Notary Public of the State of California, in and for the
Diego, duly comnissioned and qualified, came Uilliam B. Rippee, President of GOLDEN EAGLE INSURANCE COMPANY, to me pe to be the individual and officer described in and who executed the preceding instrunent and he acknowledged the exc same, and being by me duiy sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that th tcj the preceding instrunent is the Corporate Seal of the said instrunent by the authority and direction of the saic
IN UITNESS UHEREOF, I have hereunto set my hand and affixed my Officiat Seal, at the City of Sen Diego, the day and ye
ur i t ten.
STATE OF CALIFORWIA
CWNTY OF SAN DIEGO ss :
I the undersigned, Larry G. Mebee, Secr e Company, do hereby certify that the ori
ATTORNEY, of which the foregoing is a full, true and correct copy, is in fult force and effect, and has not been r
N W TNESS WHEREOF I have hereunto subscribed my name as Secretary, and affixed the Corpo ate & Corpors
16th dayof hpril , 1993 *
LARRY G. XABEE, Secretary *
10 West Ash Street
COMPANIES AFFORDING COVERAGI
il COMPANY
LETTER A Industrial Indemnity
LETTER Industrial Indemnity COMPANY B
Daley Corporation-California COMPANY Commercial Asphalt Corporation, JVLETER c
P.O. Box 609018 COMPANY D 9 2 16 0 - 9 0 18 LETTER CE Heath Compensation
0 THE INSURED NAMED ABOVE FOR THE T OR OTHER DOCUMENT WITH RESPECT ES DESCRIBED HEREIN IS SUBJECT TO A
GENERAL AGGREGATE I
ENERAL LIABILITY PRODUCTS-COMP/OP AGG. I
PERSONAL & ADV. INJURY I
OWNER’S & CONTRACTOR’S PROT. EACHOCCURRENCE !
FIRE DAMAGE (Any one fire) !
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
BODILY INJURY (Per accident) x NON-OWNED AUTOS
PROPERTYDAMAGE GARAGE LIABILITY
EACHOCCURRENCE
EACH ACCIDENT
EMPLOYERS’ LIABILITY DISEASE-EACH EMPLOYEE
DESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/SPEClAL ITEMS
CERTHOLDER IS ADDITIONAL INSURED (POLICY A & B) RE: JOB #I2268 -
1992-93 STREETS OVERLAY PROGRAM U/M 93-1
EXPIRATIO DATE THEREOF, THE ISSUING COMPANY WlLl
MAIL >!DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDE ITY OF CARLSBAD
TTN : PURCHAS ING DEPT
CARLSBAD, CA 92008-1989
)ndintntllndHttnfty aclumuJhnW~tbn
A XEROX Fwd On& Cw NA9 5 9 5 23 6 d
OOMMERC a
THIS ENDORSEMENT CHANGES THE POLICY. PL€ASE READ IT CARWtiLLY.
ADDITIONAL INSURED - DESiGNATEO PERSON OR
ORGANIZATION
This encfcmernent madities insurance provided under the bllawlng:
6USfNESS AUTO CWERAdE MRM
SCHEUULE
Name of Person or Organiratlon;
CITY OF CARLSBm
ATTN: PURCHASING DEPT
CARLSBAD, CA 92008-1989
1200 CARLSBAD VILLAGE DR.
0
WHO fS AN INSURED (Section 11) tS amended ta include aa, an insured the person or organtatinn shown in thc
Schedule but only with respect to liability arising out of the ownwshtp, melntenance, or use of a covered ggaub,'
0
CATBoebf88
e- d eCmrJ-W--
THIS ENDORSEMENT CHANCES THC POLICI. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED PRIMARY COVERAGE *
Thi8 endorsement modifier insuranw prwidad under the following;
COMMERCW GENERAL LIABILITY CCNERAOE PAAT
tt 18 agreed that my penon or organization describd kkw 16 an rddttronrr Inrum, but only wtth mped
llabM&y sridng out of opntionr p.rlr)rmod for th rddbal lnrursd by or on behalf of the nrmed Insurd.
The Insurance aftordod 10 such additid in8und is prlmery and shdl not cmtrlbuts in any way wtM any c
Insurance wnlcil such nddltlonal insured may haM.
All other endorasments, prwlrlona conditions. and mxdu8ioclr of thie ~nswlme SMI femJr7 unchmgad an
apply to the additlonal insured described below.
ADDITIONAL INSURED TYPE OF opmwnm PROJECl' LOCAtlON
BLANKET - WHERE REQUIRED BY CONTRACT
e
m
cc178olD687
BOND NO. SUR 15306
PERFORMANCE BOND Premium: $ 6,367.1 0
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution 1
93-79 , adopted April 6, 1993 , has awarded to Daley Corporation-Ci Commercial Asphalt Corp. A JointVe,W&inafter designated as the "Principal"), a Contract for
1992-93 Pavement Overlay Program, Contract No. U/M 93-1, in the City of Carlsbad
strict conformity with the contract, the drawings and specifications, and other Contr:
Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of wh
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the tei
thereof require the furnishing of a bond for the faithful performance of said Contract
NOW, THEREFORE, WE, Cormon. A Joint Venture , as Princi]
(hereinafter designated as the "Contractor"), and Golden Eagle Insurance Company ,
Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Six hund
three, nine hundred twenty and 22/100 Dollars ($673,970.72 ), said sum be equal to one hundred percent (100%) of the estimated amount of the Contract, to be p
to City or its certain attorney, its successors and assigns; for which payment, well and tr
to be made, we bind ourselves, our heirs, executors and administrators, successors
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contraci
their heirs, executors, administrators, successors or assigns, shall in all things stand to i
abide by, and well and truly keep and perform the covenants, conditions, and agreeme
in the Contract and any alteration thereof made as therein provided on their part, to
kept and performed at the time and in the manner therein specified, and in all respc
according to their true intent and meaning, and shall indemnify and save harmless the (
of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligat
shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specif
therefor, there shall be included costs and reasonable expenses and fees, includ
reasonable attorney's fees, incurred by the City in successfully enforcing such obligati
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to
terms of the Contract, or to the work to be performed thereunder or the specificatic
accompanying the same shall affect its obligations on this bond, and it does hereby wa
notice of any change, extension of time, alterations or addition to the terms of
Contract, or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any si
Contractor shall not exonerate the Surety from its obligations under this bond.
Daley Corpora tion- Ca I i fornia Commercial Aspha It
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SE
CAPACITY CLAIMED
Though statute does not reqi fill in the data below, doin invaluable to persons relying (
a CORPORATE OFFK personally appeared THOMAS D. SHADDOX & JAMES L. ST. MARTIN VICE PRES:
State of CALIFORNIA
County of SAN DIEGO
SUE MEGRAN
NAME, TITLE OF OFFICER - E G , 'JANE DOE, NOTARY PUBLIC
I NAME(S) OF SIGNER(S) TITLE@) a personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person@),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
PARTNER(S) 0 L
[7 ATToRNEY-IN-FAC
[7 TRUSTEE@)
0 GUARDIAN/CONSE
to be the person(s) whose name(s) idare oc
SIGNER IS REPRES
NAME OF PERSON(S) OR ENT
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
Ce-cate of ,ich~wied@men~
jTm OF CXLLFORNM I
County oi 'Zaae i
,ln April 16, 1993
?enonady 3uDem
3aore me. TJir-ria W. pmmil, Uotarr ?uDiLc
x. 3. Xodes
v u) oe ctie aersonl$ wnose nand Wa SUWRD' !enonally Known CO me v,tnlIl ;nsrJmenL mna 3c.unow~~g~ LO me maasne/m execurea che same !n ~WI~~AXJZ~~C~O~EW CLWXJ~? =a " . sxrrtea cne I ~her,t~~gpac~&$()n cne tnsrmment ae rJenoncg. x :ne WJW uuon en do*^
x~qy~ss mv ?ana ana orfiaa! seat.
.-
P:,oLIC. CALIFOR ,Seat) j iqnamre t.,<WNCE COUNTY
MY CC;~~\! ,ss G;! EXFiRES NO'J L5, 19' __ _---- ___ _--- wr+- %OiZ 6-3 I
2
Executed by CONTRACTOR this day of Executed by SURETY this 16 t h day
8
> 19-D April , 19A3
GOLDEN EAGLE INSURANCE COMPANY DALEY CORPORATION AND CALIFORNIA
COMMERCIAL ASPHALT CORPORATION J.V. Conuactor (Name of Surety)
By:
Print Name of Individual
Title (Telephone Number of Surety)
DALEY CORPORATION
Ti*3r&qS D. $&&g& 5385 El Cajon Blvd., San Diego, CP
(Address of Surety)
619-287-6773 %E ~~~~~~~~~
By:A /’ $9 ?/&Id +zo-pa ’ .c / Signature of Attorney-in-Fact
K.R. Viodes
Printed Name of Attorney-in-Fact
(attach corporate resolution showing curre power of attorney)
By: JMES k. ST. ~~~~~~~
Print Name of Individual VI C E P R ES I DL: NT ,’ G E Iv E PA !- MA MAG ER 0 Title
By:
ASPHALT CORPORATION J.V. A JOINTVENTURE. (NAME OF JOINT VENTURE)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant must sign for corporations. If only one officer sig the corporation must attach a resolution certified by the secretary or assistant secretary under corporate s
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
%, Ibd
J. HIRATA, Deputy % Attorney
*
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
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This Escrow Agreement is made and entered into by and between the City of Car11
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereh
address is
called "City" and Wl
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent a:
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the op
to deposit securities with Escrow Agent as a substitute for retention earn
required to be withheld by City pursuant to the public works contract entl
into between the City and Contractor for the 1992-93 Pavement Ovc
Program, Contract No. U/M 93-1, in the amount of
dated (hereinafter referred to as the "Contract":
copy of said contract is attached as Exhibit "A". When Contractor deposits
securities as a substitute for Contract earnings, the Escrow Agent shall now
City within ten (10) days of the deposit. The market value of the securitit
the time of the substitution shall be at least equal to the cash amount I
required to be withheld as retention under the terms of the Contract betweer
City and Contractor. Securities shall be held in the name of City of Carlsbad
shall designate the Contractor as the beneficial owner. Prior to
disbursements, Escrow Agent shall verify that the present cumulative mz
value of all securities substituted is at least equal to the cash amount o
cumulative retention under the terms of the Contract.
The City shall make progress payments to the Contractor for such funds w
otherwise would be withheld Erom progress payments pursuant to the Con
provisions, provided that the Escrow Agent holds securities in the form
2.
8 amount specified above.
3. Alternatively, the City may make payments directly to Escrow Agent in
amount of retention for the benefit of the City until such time as the esc
created hereunder is terminated.
Contractor shall be responsible for paying all fees for the expenses incurre
Escrow Agent in administering the escrow account. These expenses any pay
terms shall be determined by the Contractor and Escrow Agent.
4.
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5. The interest earned on the securities or the money market accounts hel
escrow and all interest earned on that interest shall be for the sole accow
Contractor and shall be subject to withdrawal by Contractor at any time and f
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal ir
Escrow Account only by written notice to Escrow Agent accompanied by WTj
authorization from City to the Escrow Agent that City consents to the with&
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of defau
the Contractor. Upon seven (7) days written notice to the Escrow Agent 1
the City of the default of the Contractor, the Escrow Agent shall immedi:
convert the securities to cash and shall distribute the cash as instructed bj
City.
Upon receipt of written notification from the City certifying that the Contrz
has complied with all requirements and procedures applicable to the Cont
Escrow Agent shall release to Contractor all securities and interest on deposil
escrow fees and charges of the Escrow Account. The escrow shall be cl
immediately upon disbursement of all monies and securities on deposit
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreemenf
the City and Contractor shall hold Escrow Agent harmless from Escrow Ag
release and disbursement of the securities and interest as set forth in Sectic
thru 8 and 10.
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6.
7.
8.
1.
9.
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....
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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:
0
DALEY CORPORATION AND CALIFORNIA COMMERCIAL ASPHALT CORPORATION J.V.
Contractor BY
Print Name of Individual Title
CITY OF CARLSBAD, CALIFORNIA
MAYOR
CLAUDE A. LEWIS Title Name
DKEY CORPORATION (Name of Corporation or Business)
Address Address
By:
(Signature) (Date)
BY: Title:
Print Name of Individual Name:
Signature
1200 Carlsbad Village Drive, Carlsbad, CA 920
For Escrow Agent:
0
Signature:
Address: Title
CALIFORNIA COMMERCIAL ASPHALT
CORPORATION (Name of Corporation or Business)
Address
By:
(Signature) @ate>
BEING ALL THE JOINT VENTURERS IN DALEY
CORPORATION AND CALIFORNIA COMMERCIAL ASPHALT CORPORATION J.V. A JOINT VENTURE.
(NAME OF JOINT VENTURE)
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At the time the Escrow Account is opened, the City and Contractor shall deliver to 1
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper offic on the date first set forth above.
0
DALEY CORPORATION AND CALIFORNIA COMMERCIAL ASPHALT CORPORATION J.V. Contractor BY
Print Name of Individual Title
CITY OF CARLSBAD, CALIFORNIA
MAYOR
CLAUDE A. LEWIS Title Name
DALEY CORPORATION (Name of Corporation or Business)
Address Address
By:
(Signature) (Date)
Signature
1200 Carlsbad Village Drive, Carlsbad, CA 92(
For Escrow Agent:
@ BY: Title:
Print Name of Individual Name:
Signature:
Address: Title
CALIFORNIA COMMERCIAL ASPHALT
CORPORATION (Name of Corporation or Business)
Address
By: (Signature) (Date)
BEING ALL THE JOINT VENTURERS IN DALEY
CORPORATION AND CALIFORNIA COMMERCIAL
ASPHALT CORPORATION J.V. A JOINTVENTURE.
(NAME OF JOINT VENTURE)
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1 RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR: II PROJECT DESCRIPTION:
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PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensa
of whatever nature due the Contractor for all labor and materials furnished and fo
work performed on the above-referenced project for the period specified above with
exception of contract retention amounts and disputed claims specifically shown bel01
RETENTION AMOUNT FOR THIS PERIOD: $ ll DISPUTED CLAIMS
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ll DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may h
of whatever type or nature, for the period specified which is not shown as a reten
amount of a disputed claim on this form. This release and waiver has been n
voluntarily by Contractor without any fraud, duress or undue influence by any perso
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Contractor further certifies, warrants, and represents that all bills for labor, materials,
work due Subcontractors for the specified period have been paid in full and that the pa
signing below on behalf of Contractor have express authority to execute this release
DATED:
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PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By:
Title: 1 By:
Title:
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I SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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I 1-1 TERMS
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To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of sin
import are used, it shall be understood that reference is made to the plans accompan:
these provisions, unless stated otherwise.
€3. Directions:
Where words "directed,l' "designated," "selected," or words of similar import are use
shall be understood that the direction, designation or selection of the Engineer is inten
unless stated otherwise. The word "required" and words of similar import shal
understood to mean "as required to properly complete the work as required anc
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," ''approved equal," "equivalent," and such words of similar im
are used, it shall be understood such words are followed by the expression "in the opi
of the Engineer," unless otherwise stated. Where the words "approved," "appro
"acceptance," or words of similar import are used, it shall be understood that the apprc
acceptance, or similar import of the Engineer is intended. 11 D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expc
shall perform all operations, labor, tools and equipment, and further, including
furnishing and installing of materials that are indicated, specified or required to mean
the Contractor, at her/his expense, shall furnish and install the work, complete in place
ready to use, including furnishing of necessary labor, materials, tools, equipment,
transportation.
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1 1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representatii
Utilities and Maintenance Director - the Utilities and Maintenance Director or his appra
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24 CONTRACTBONDS
Delete the third sentence of the first paragraph having to do with a surety being liste
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment Bc
(Material and Labor Bond) shall be for not less than 50 percent of the contract pric
satisfy claims of material suppliers and of mechanics and laborers employed by contra
on the project.
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k, Add:
The Payment Bond and the Performance Bond shall be kept in full force and effect by
Contractor during the course of this project. Both bonds shall extend in full force
effect and be retained by the City for a period of one (1) year from the date of foi
acceptance of the project by the City.
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guid
at least A-:V and are authorized to conduct business in the state of California and are li
in the official publication of the Department of Insurance of the State of California.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public W
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter design
"SSPWC", as issued by the Southern California Chapter of the American Public W
Association, the Contract documents, the Special Provisions and the Specifical
contained herein.
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I The Construction Plans consist of location listing and maps delineating the work a
which are further detailed herein. The standard drawings utilized for this project are
latest edition of the San Dieno Area Renional Standard Drawinm, hereinafter design
SDRS, as issued by the San Diego County Department of Public Works, together with
City of Carlsbad Supplemental Standard Drawings.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufactu
direction, the Contractor shall obtain and distribute the necessary copies of !
instruction, including two (2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawinns:
The Contractor shall provide and keep up-to-date a complete "as-built" record sc
transparent sepias, which shall be corrected daily and show every change from the orij
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipn
underground piping, valves, and all other work not visible at surface grade. Prints for
purpose may be obtained from the City at cost. This set of drawings shall be kept or
job and shall be used only as a record set and shall be delivered to the Engineer I
completion of the work.
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3-5 DISPUTED WORK 1 To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance wit1
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
5 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred sevenq
thousand dollars ($375,000) or less which arise between a contractor and a local agt
(2) This article shall not apply to any claims resulting from a contract betwe
contractor and a public agency when the public agency has elected to resolve any dis]
pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. I
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(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the C
Code, except that "public work' does not include any work or improvement contracted
by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension,
payment of money or damages arising from work done by or on behalf of the contrac
pursuant to the contract for a public work and payment of which is not otherwise expre
provided for or the claimant is not otherwise entitled to, or (C) an amount the pap
of which is disputed by the local agency.
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(c) The provisions of this article or a summary thereof shall be set forth in the plan
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
5 20104.2. Claims; requirements
1 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate
claim. Claims must be filed on or before the date of final payment. Nothing in
subdivision is intended to extend the time limit or supersede notice requirements othen
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency s
respond in writing to any written claim within 45 days of receipt of the claim, or
request, in writing, within 30 days of receipt of the claim, any additional documenta
supporting the claim or relating to defenses or claims the local agency may have agi
the claimant.
(2) If additional information is thereafter required, it shall be requested and prov
pursuant to this subdivision, upon mutual agreement of the local agency and the claim
(3) The local agency's written response to the claim, as further documented, shal
submitted to the claimant within 15 days after receipt of the further documentatio
within a period of time no greater than that taken by the claimant in producing
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to t
hundred seventy-five thousand dollars ($375,000), the local agency shall respon
writing to all written claims within 60 days of receipt of the claim, or may reques
writing, within 30 days of receipt of the claim, any additional documentation suppoi
the claim or relating to defenses or claims the local agency may have against the clah
(2) If additional information is thereafter required, it shall be requested and pro\
pursuant to this subdivision, upon mutual agreement of the local agency and the clain
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(3) The local agency’s written response to the claim, as further documented, shal
submitted to the claimant within 30 days after receipt of the further documentation
within a period of time no greater than that taken by the claimant in producing
additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency
to respond within the time prescribed, the claimant may so now the local agenq
writing, either within 15 days of receipt of the local agency‘s response or within 15 (
of the local agency‘s failure to respond within the time prescribed, respectively,
demand an informal conference to meet and confer for settlement of the issues in dis~
Upon a demand, the local agency shall schedule a meet and confer conference withh
days for settlement of the dispute.
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(e) If following the meet and confer conference the claim or any portion remain
dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Sec
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title
the Government Code. For purposes of those provisions, the running of the period of
within which a claim must be filed shall be tolled from the time the claimant submit!
or her written claim pursuant to subdivision (a) until the time the claim is de1
including any period of time utilized by the meet and confer conference.
5 20104.4. Procedures for Civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims sul
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or respoI
pleadings, the court shall submit the matter to nonbinding mediation unless waive
mutual stipulation of both parties. The mediation process shall provide for the selec
within 15 days by both parties of a disinterested third person as mediator, shal
commenced within 30 days of the submittal, and shall be concluded within 15 days
the commencement of the mediation unless a time requirement is extended upon a :
cause showing to the court. I
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitr:
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 o
Code of Civil Procedure, notwithstanding Section 1141.11 of that code.
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Ti
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought undei
subdivision consistent with the des pertaining to judicial arbitration.
The
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of P
of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experience
construction law, and (B) any party appealing an arbitration award who does not 01
a more favorable judgment shall, in addition to payment of costs and fees under
chapter, also pay the attorney’s fees on appeal of the other party.
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5 20104.6.
arbitration award or judgment
Payment by local agency of undisputed portion of claim; interest on
(a) No local agency shall fail to pay money as to any portion of a claim whic
undisputed except as otherwise provided in the contract.
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(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the 11
rate on any arbitration award or judgment. The interest shall begin to accrue on the t
the suit is filed in a court of law.
5 20104.8. Duration of &de; appfication of &de to contracts between Jan. 1,l
and Jan. 1,1994
(a) This article shall remain in effect only until January 1, 1994, and as of that da
repealed, unless a later enacted statute, which is enacted before January 1, 1994, del
or extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into betv
January 1,1991, and January 1,1994, which is subject to this article shall incorporate
article. To that end, these contracts shall be subject to this article even if this artic
repealed pursuant to subdivision (a). 1
I. 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 representa
The Engineer shall have free access to any or all parts of work at any time. Contr:
shall furnish Engineer with such information as may be necessary to keep her/him
informed regarding progress and manner of work and character of materials. Inspec
of work shall not relieve Contractor from any obligation to fulfill this Contract.
Mod@ Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of te
materials and/or workmanship where the results of such tests meet or exceed
requirements indicated in the Standard Specifications and the Special Provisions. The
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials sha
approved by him before the delivery is started. All materials proposed for use mz
inspected or tested at any time during their preparation and use. If, after trial, it is fc
that sources of supply which have been approved do not furnish a uniform product,
the product from any source proves unacceptable at any time, the Contractor shall fu
approved material from other approved sources. After improper storage, handling 01
other reason shall be rejected.
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All backfill and subgrade shd be compacted in accordance with the notes on the plans i
the SSPWC. Compaction tests may be made by the City and all costs for tests that IT
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 Engin
The costs of any retests made necessary by noncompliance with the specifications shal
borne by the Contractor.
Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plam
specifications upon written order by the Engineer. Any cost caused by reason of
nonconforming work shall be borne by the Contractor.
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5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known reca
endeavored to locate and indicate on the Plans, all utilities which exist within the li
of the work. However, the accuracy of completeness of the utilities indicated on the P 1. is not guaranteed.
54 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including sei
connection, desired by the Contractor for his/her own convenience shall be the Contrac
own responsibility, and he/she shall make all arrangements regarding such work at no
to the City. If delays occur due to utilities relocations which were not shown on the P
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 partit
relocate utilities which interfere with the construction, the Contractor, upon request tc
City, may be permitted to temporarily omit the portion of work affected by the utility.
portion thus omitted shall be constructed by the Contractor immediately following
relocation of the utility involved unless otherwise directed by the City.
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1 6-1 CONSTRUCITON SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
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1. The prime contractor is required to prepare in advance and
submit at the time of the project preconstruction meeting a
detailed critical path method (CPM) project schedule. This
schedule is subject to the review and approval of the City.
2. The schedule shall show a complete sequence of
construction activities, identifying work for the complete
project in addition to work requiring separate stages, as well
as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50%
and 90% completion, and any other major construction
milestones, materials and equipment manufacture and
delivery, logic ties, float dates, and duration.
The prime contractor shall revise and resubmit for approval
the schedule as required by City when progress is not in
compliance with the original schedule. The prime
contractor shall submit revised project schedules with each
and every application for monthly progress payment
identifying changes since the previous version of the
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4. The schedule shall indicate estimated percentage of
completion for each item of work at each and every
submission.
The failure of the prime contractor to submit, maintain, or
revise the aforementioned schedule (s) shall enable City, at
its sole election, to withhold up to 10% of the monthly
progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the
prime contractor and approved by City as to completeness
and conformance with the aforementioned provisions.
No changes shall be made to the construction schedule without the prior written appi
of the Utilities and Maintenance Director or his representative. Any progress pap
made after the scheduled completion date shall not constitute a waiver of this parag
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C or any damages.
Coordination with the respective utility company for removal or relocation of confli
utilities shall be requirements prior to commencement of work by the Contractor.
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1 6-7 TIME OF COMPLETION
The Contractor shall begin work within five (5) calendar days after receipt of the "Nc
to Proceed1 and shall diligently prosecute the work to completion within twenty-five (
working days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m.
sunset, from Mondays through Fridays. The contractor shall obtain the approval of
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permissio
the Utilities and Maintenance Director or his representative. This written permission I
be obtained at least 48 hours prior to such work. The Contractor shall pay the inspec
costs of such work.
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I 6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Complei
and any faulty work or materials discovered during the guarantee period shall be rep;
or replaced by the Contractor, at his expense. I.
6-9 LIOUIDATED DAMAGES
Mod@ this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250.0c
day for each day beyond the completion date as liquidated damages for the delay.
progress payments made after the specified completion date shall not constitute a Wi
of this paragraph or of any damages. u
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guic
at least A-:V and are authorized to conduct business in the state of California and are 1
in the official publication of the Department of Insurance of the State of California. I
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i 74 WORKERS COMPENSATlON INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in
state of California and are listed in the official publication of the Department of Insura
of the State of California. Policies issued by the State Compensation Fund meet
requirement for workers' compensation insurance.
7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-t
grading, and building permits necessary to perform work for this contract on City prope
in streets, highways (except State highway right-of-way), railways or other rights-of-t
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Contractor shall not begin work until all permits incidental to the work are obtained
7-8 PROJErn AND SllE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working (
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Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with muf
in good repair when in use on the project with special attention to City Noise Coi
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
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4 7-10 PUBLJC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the I
and shall comply with all applicable provisions of Federal, State and Municipal safety
and building codes to prevent accidents or injury to persons on, about, or adjacent tc
premises where the work is being performed. He/she shall erect and properly mainta
all time, as required by the conditions and progress of the work, all necessary safeg
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hazards created by such features of construction as protruding nails, hoists, well holes,
falling materials.
7-13 LAWS TO BE OBSERVED
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8 Grading.
Municipal ordinances which affect this work include Chapter 11.06. Excavation
If this notice specifies locations or possible materials, such as borrow pits or gravel b
for use in the proposed construction project which would be subject to Section 160'
Section 1603 of the Fish and Game Code, such conditions or modifications establis
pursuant to Section 1601 of the Fish and Game Code shall become conditions of
contract.
$ FACILITIES FOR AGENCY PERSONNEL
Delete this section.
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9-3 PAYMENT
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Mod@ Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in am(
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to ped
necessary surveying for this project. Requirements of the Contractor pertaining to this
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surve
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 ai
intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, heac
sewers, storm drains, and structures (4 corners min.). Rough grade as required to sa
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
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Sec
8771 of the Business and Professional Code.
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Contractor shall provide Engineer with 2 copies of survey cut sheets prior to comment
construction of surveyed item.
11 WATER FOR CONSTRUCIION
The Contractor shall obtain a construction meter for water utilized during the construcl
under this contract. The Contractor shall contact the appropriate water agency
requirements. The contractor shall include the cost of water and meter rental wi1
appropriate items of the proposal. No separate payment will be made.
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11. SPECIFICATIONS FOR
1992-93 PA-ENT OVERLAY PROGRAM
1. Traffic control measures including street closures, detours and barricades will be
required in section 7-5, Permits, of the Special Provisions, and in accordance u
the approved traffic control plan. Traffic control plans are required for all area5
work and shall conform to the latest edition and revisions of the State of Califon
Department of Transportation Traffic Manual, Manual of Traffic Controls
Construction and Maintenance Work Zones. Early submission of traffic control pl
is necessary to allow proper time for review, corrections, resubmissions and fi
approval prior to the preconstruction conference. A "Notice to Proceed" will not
issued until traffic control plans are approved and signed.
The Contractor shall not close any street within the City of Carlsbad without f
obtaining the approvals of the Utilities and Maintenance Director.
The Contractor shall provide and install barricades, delineator warning devices, l
construction signs in accordance with the latest edition and revision of the Statc
California, Department of Transportation Traffic Manual, Manual of Traffic Cont
for Construction and Maintenance Work Zones. During adverse weather or unu:
traffic or working conditions, additional traffic control devices shall be placec
directed by the Utilities and Maintenance Director. All traffic signs and devices s
conform to the current State of California, Department of Transportation, Manue
Warninn Sims. Linhts. and Devices for Use in Performance of Work upon Hinhwi
unless otherwise approved by the Utilities and Maintenance Director.
The Contractor shall provide and maintain 48-inch high reflectorized cones at 20
on center with ribbon along walkways of high pedestrian use, as designated by
Inspec tor.
During paving operations, barricades may be supplemented with minimum sizc
inch high traffic cones and delineators; such that spacing between barricades anc
cones or delineators is no greater than 25 feet. At all access points sucl
intersection streets, alleys and driveways, barricades and/or cones shall be prow'
at five-foot intervals so as to prevent vehicular access to the paving area. Wl
access from an intersection street is prohibited, a "Road Closed" sign shall
provided wherever required by the Utilities and Maintenance Director or
representative.
Should the Contractor fail to furnish a sufficient number of traffic and/or pedest
safety devices, the Utilities and Maintenance Director or his representative will p
such necessary items and the Contractor shall be liable to the City for providing I
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devices in accordance with the following provisions:
a. For placing barricades - $5.00 per barricade for the first day or any 1
thereof and $2.00 per barricade per day for each day thereafter or any 1
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1 b. For flashers - $2.50 per flasher for the first day or any part thereof
$1.00 per flasher per day for each day thereafter or any part thereof.
c. For tr&c cones - $1.00 per cone for each day or any part thereof.
d. in the event that the services of the City are required between the hour
5:OO pm and 6:30 am, during the normal week or any time on Sam1
Sunday, or a City holiday, there shall be an additional charge of $26.0C
each service trip required.
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7. Judgement as to adequate or sufficient barricading shall be that which is adeq
or sufficient in the opinion of the Utilities and Maintenance Director or
representative.
The Contractor shall relocate, preserve and maintain the visibility of all existing s
within the project limits which affect the flow of traffic as directed by the Util
and Maintenance Director or his representative. Any signs which are damage
removed by the Contractor during the course of construction shall be replaced bj
Contractor at the Contractor's expense as directed by the Utilities and Mainten,
Director.
The Contractor shall insure that sole access routes to the business and reside
along the streets to be resurfaced shall be maintained unless otherwise approve
the Utilities and Maintenance Director or his representative and adequate notificz
given to the affected property owner.
All costs related to the installations, maintenance and removal of traffic provi:
and safeguards shall be considered as included in the prices paid for the va
contract items of work and no additional payment will be made therefore.
The Contractor shall coordinate his schedule so as not to interfere with local 1
collection.
The Contractor shall maintain a minimum of one lane of traffic in each directic
all times during construction hours of 7:OO am to dusk. On Saturdays, Sunday
designated legal holidays, and when construction operations are not active
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progress on working days, the Contractor shall maintain all travel lanes of
roadway. Any deviations of these requirements shall be approved by the Ut2
and Maintenance Director.
Asphalt concrete shall be Type C2-AR 4000, Type C3-AR 4000 or Type 111 C3
4000 and shall conform to the requirements of sections 203 and 302 of the SSP
For sections where feathering is required, the Contractor may, at the direction of
Utilities and Maintenance Director, or his representative use Type l-E-AR-400(
All asphalt concrete material shall be deposited and spread on the prepared sw
by means of an approved self-propelled mechanical spreading device. Use of a m
grader for spreading shall not be permitted.
All surfaces to be resurfaced shall be swept and cleaned by the Contractor no n
than 24 hours prior to the paving operation.
The Contractor shall be responsible for the removal of existing raised paver
markers in the work areas. Full compensation shall be considered as included ir
contract price paid for the asphalt and no separate payment will be made then
Tack coat shall be SSI type asphaltic emulsion and shall be applied at the ral
0.12 gallons per square yard.
Asphalt concrete materials shall be overlaid to a minimum depth as specified ex
where it is to be feathered at the roadway edges.
The Contractor shall pave over the tops of all sewer and storm drain access 1
and meter box covers. Covers shall be treated to prevent adhesion of the as1
concrete. The Contractor shall notify Underground Service Alert far enoug
advance of the work to allow marking the location of utilities.
Some utility structures and covers will be adjusted to grade by the respective ut
The Contractor shall be responsible for marking the location of all utility cove
The unit price paid for asphaltic concrete shall be considered as full compensi
for all labor, equipment and materials and all things necessary to complete the 7
as specified in these specifications, and no additional payment will be made ther
Payment for contract services will be made only when all labor and material relc
from supplier and employees are received by the Utilities and Maintenance Dire
All cold joints left overnight or for long periods of time or at the direction o
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Utilities and Maintenance Director or his representative will be cut at a 45 del
angle and tacked Nly to ensure a proper bond and to minimize seam separatic
A cold planing header cut operation shall be used. The temperature at which
work is performed, the nature and condition of equipment, and the manne
performing the work shall be such that the pavement is not tom, gouges, sha
broken or otherwise damaged by the planing operation.
The cold planing operation shall consist of preparing a foundation for the placen
of surfacing course by the removal of excess bituminous material to the satisfac
of the Utilities and Maintenance Director or his representative. Contractor :
provide all necessary labor, materials, and equipment to immediately load
bituminous material into dump trucks for hauling to the Contractor's disposal
No loose material shall remain on the site.
The Contractor shall construct a minimum 5' wide cold plane header cu
designated locations where the proposed overlay joins to existing AC and along
curb line except where indicated otherwise. The depth of the cut shall be as sh
on plans to allow for the full design depth of the AC, overlay and reinforcing fi
to be constructed for the complete overlay section.
The bituminous surface shall be removed to the depth, width, and cross sectic
directed by the Utilities and Maintenance Director or his representative.
loosened material shall become the property of the Contractor and shall be remi
to a disposal site by the Contractor.
Payment for cold planing shall be by lineal feet completed, regardless of dept
measured on the site. Payment shall be full compensation for furnishing all L
materials, equipment, and tools necessary to perform the planing operations anc
hauling of grindings to a disposal site.
The planing machine shall be specially designed and built for cold plank
bituminous pavement with the ability to plane concrete if necessary. The cu
drum shall be a minimurn of 60" width with carbide tip cutting teeth plact
variable lacing pattern to produce the desired finish; the machine shall be cas
of being operated at speeds from 0 to 150 FPM; it shall be self-propelled and
the capability of spraying water at the cutting drum to minimize dust. The mac
shall be capable of removing the material next to the gutter of the pavement 1
reconditioned and so designed that the operations thereof can at all times ob'
the planing operation without leaving the controls. The machine shall be adjus
as to slope and depth, and capable of removing, in one pass, a layer of bitumi
material five feet in width and two inches in depth. The equipment shall also
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an effective means for removing excess material from the surface and for prevent
any dust resulting from the operation from escaping into the air.
When operating the planing machine at or near a signalized intersection, care SI be taken so as not to damage any detection loops. "Jumping" the detection k
home runs shall be allowed as to protect the integrity of the loops. The cos1
replacement of any loops damaged by the planing operation shall be deducted fi
the amount of the contract.
The Contractor shall provide and install Petro Mat in areas designated for its us€
the Utilities and Maintenance Director or his representative. Dusting over the Pt
Mat (AC) may be required to prevent bleed-through, at the discretion of the Utili
and Maintenance Director or his representative.
Tack coat for Petro Mat shall be AR-4000 and shall be applied at a rate of (
gallons per square yard.
Compensation for all labor, equipment, and materials and all things necessar
complete the installation of Petro Mat shall be considered included in the bid 1
and no additional payment will be made.
The Contractor will provide and install "TOW Away - No Parking" construction si
#TC-R 30-S, for use in posting streets in advance of work. Signs shall be postc
intervals of not more than 100 feet on both sides of the block affected by the w
Tow away of any vehicle? in violation of the "NO Parking" signs will be handle
the Police Department. The City assumes no liability in connection with mover
of vehicles by the Contractor.
Notwithstanding any other or concurrent notification by the City of operations
Contractor will assure notification of residences and businesses of street closui
Notices shall be left on or at the front door of each dwelling or commercial
abutting the street to be surfaced. This shall be done two days prior to place
of "NO Parking" signs. The Contractor shall be required to insert dates and esth
times of closing and reopening streets to local traffic.
Payment for the placement of the "No Parking" signs and notices shall be consic
included in the bid price paid for asphalt concrete and no additional paymen
be made therefor.
Night paving and night header grinding operations, if any, shall take place bet
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the hours of 6:OO pm and 6:OO am or at other time specified by the Utilities
Maintenance Director or hk representative.
Additional lighting for night paving and night header grinding operations shal
supplied by the Contractor and included in the bid price for night paving and n
header grinding respectively. Judgement as to adequacy or sufficiency of ligh
will be the opinion of the Utilities and Maintenance Director or his representa
The Contractor shall adjust designated sewer, storm drain manhole covers, rn
valves and monument, sewer dead ends to finish grade. All manholes shal
thoroughly cleaned of any and all construction debris which may have entered
to the Contractor's operations. The contract unit price paid for these items :
include full compensation for furnishing all labor, tools, equipment and incidei
necessary to complete these items in place, and no additional compensation wi
allowed therefor.
All sewer manholes, dead ends, water valves and vault rings adjusted shall be
CMWD specifications and should be billed directly to Carlsbad Municipal I4
District, 5960 El C&o Real, Carlsbad, CA 92008. Any questions in regar
adjusting these facilities shall be answered by the water district.
40.
t
41.
U/M Rev. 1: BWLH92014.ST
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III. SPECIFICATIONS FOR
TRAFFIC STRIPES AND PAVEMENT MARKINGS
FOR 1992-93 PAVEMENT OVERLAY PROGRAM f
1. Standard Specifications referred to in these Specifications refer to the current edit
of the Caltrans Standard Specifications and any changes thereto.
Painting traffic stripes (traffic lines) and pavement markings (legends) shall confc
to Section 84-1, "General", and Section 84-3, "Painted Traffic Stripes and Pavem
Markings", of the Standard SDecification and these Specifications.
Control of alignment and layout shall be the responsibility of the Contractor i
subject to the approval by the City Traffic Engineer. Layout for striping and
symbol of the pavement marking (legend) on resurfaced roads shall be based on
existing striping and pavement markings or plans supplied of changes at
preconstruction meeting by the Utilities and Maintenance Director or
representative.
Section 84-3, "Materials", of the Standard Specifications is amended to read
follows:
2. 1
3.
4.
"Paint for traffic stripes and pavement markings shall conform to the
following State Specifications:
Paint: Rapid Dry Water Borne - White and Yellow II State SDecification Number: 801 0-61G-30"
5.
6..
Glass beads shall conform to State Specification Number 8010-515-22 (Type I1
Copies of State Specifications for traffic paint and glass beads may be obtained f the Transportation Laboratory, P.O. Box 19128, Sacramento, CA 95819. PI- 1 (916) 739-2400.
7.
8.
The use of solvent borne paint shall be prohibited.
Thinning of paint will not be allowed.
BAHLH92014.ST U/M Rev. 12/ I.
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9. Paint shall be tested prior to use or the manufacturer shall provide the Utilities
Maintenance Director or his representative With a Certificate of Compfiana
accordance with the provisions of Section 6-1.07, "Certificates of Compliance", of
Standard Specifications. Said certificate shall certify that the paint complies with
specifications and that paint manufactured to the same formulation and process
previously passed State testing. A list of manufacturers that have produced p
meeting State specifications is available from the Transportation Laborat
(Material supplied by manufacturers other than those that have manufach
approved paint will require complete testing.)
The first coat of paint for traffic striping and pavement markings will be applied a
the asphalt has cooled during the same day. The second coat shall be complete(
later than 4:OO pm the following day.
The Contractor will not be required to paint the three-inch black stripe betweer
two four-inch yellow stripes of a double traffic stripe.
The Contractor shall be responsible for maintaining safe traffic operation througl
work area.
f
10.
11.
12.
B:WLH92014.ST U/M Rev. 1: I.
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CITY OF CARLSBAD
ENGINEERING DEPARTMENT 1
1. RALPH ANDERSON - UTIllTlEs 8~ MAINTENANCE DIRECTOR NO. 7
RES/ORD#-
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CeMF\cV~T\Od WbL hLT=lecN i PeAlG \z,&T'F~~~ -6 e&, 8
DATE COMPLETED BY-
WHEN COMPLETED, RETURN TO: 1. Traffic Engineer
~ansportaation Division)
2e yy ---rw /r
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CITY OF CARISBAD ENGINEERING DEPARTMENT
I
1. RALPH ANDERSON - UTLITES & MAINTENANCE DIRECXOR NO. 4: a 2. ROBERT JOHNSON - TRAFFIC ENGINEER c;sCr DAET
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CITY OF CARLSBAD ENGINEERING DEPARTMENT
1
1. RALPHANDERX)N-UTHJTES&MAI"ANCED NO. q;
c 2. ROBERT JOHNSON - TRAFFIC ENGINEER cT DA~%$~W
TR# YrnR
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EN COMPLETED, RETURN TO: 1. Traffic Engineer
ransportation Division) 2. ir
/Trip :-
CITY OF CARLSBAD ENGINEERING DEPARTMENT
I
DAVE BRADSTREET - PARKS & RECXEA..ON DIRECI'OR
ROBERT JOHNSON - TRAFmC ENGINEER 265
RES/ORD#-
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95 kHEN COMPLETED, RETURN TO: 1. (Traffic Enrineerkq) 2.
1
I IV. SPECIFICATIONS
FOR f ASPHALT RUBBER HOT MIX
1 SECTION 200 - ROCK MATERIALS
200-1 ROCK PRODUCTS
200-1.2 Crushed Rock and Rock Dust.
P
8
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1. f ” 90- 100 95-100 100
I No. 4 0-15 0- 15 5-20
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u 200-1.2.1 Screenings
Screenings when used as a cover aggregate in accordance with
Section 302-3.4 shall be crushed rock and conform to the
followng gradations: I Percentage Passin? Sieve
Sieve Size 1/2” Coarse 3/V Coarse 3/8“ Fine
314” 100 100 *--
3/8“ 50-70 70-85 85-100
No. 3 0-5 0-5 0-5
--- --- --- No. 16
No. 30
No. 200 0- 1 0- 1 0- 1
--- --- ---
Screenings shall also meet the following requirements:
Tests Test Method No. Requirements
Percentage Wear
(100 revolutions) ASTM c 131 10 Maximum
Percentage Wear
(500 revolutions) ASTM C 131 40 Maximum
Film Striping Calif. 302 25 Maximum 8 Cleanness Value Calif, 227 80 Minimum
..
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SECTION 201 - CONCRETE. MORTAR. AND RELATED MATERIALS
1
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201-4 CONCRETE CURLNG COMPOUND
201-4.1 General. Concrete curing compound shall be Type 2.
SECTION 203 - BITVMINOUS MATERIALS
203-3 EMULSIFIED ASPHALT
f
1 203-3.1 General. Tack coat material shall be Grade SS-lh.
203-10 ASPHALT-RUBBER
Subsection 203-10 of the Standard Specifications is hereby deleted anc
replaced by the following:
203-10.1 Generai. Asphalt-rubber shall consist of a mixture o
asphalt and rubber. Asphalt-rubber shall be Type B.
203-10.2 Materiais. Tr.e Contractor shall submit test reports and
certificate of compliance for the asphalt-rubber and modifier to b
..
I used.
203-10.2.1 Aspha!t. The asphalt used shall be AR-400
conforming to Subsection 203-1. Any proposed change to th
viscosity grade shall be submitted to the Engineer by th
Contractor 45 hours prior to beginning work. The asphalt sha
be modified wtfi an asphalt modifier, meeting the requiremenr
of Subsection 203- 10.2.3.
203-10.2.2 Rubber. The material shall be scrap tire rubbe
granulated at ambient temperature free from fabric, wires, an
all other contarmnants. Rubber shall be dry and free-flowin;
Calcium carbonare or taic may be added to a maximum of fou
percent by weignt of rubber to prevent rubber particles fror
sticking together. The rubber shall be vulcanized with a specifi
gravlry between 1.15 and 1.20. In addition, rubber shall contai
25 percent rmnimurn natural rubber. Rubber material sha
conform to the foilowing gradations:
Sieve Size Percentage Passin3 Siet
1
No. 8 100
No. 10 100
No. 16 50- 85
Yo. 30 5-30 I*
0- 15 No. 50
f 1/4 inch.
1'
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No. 100 0- 10
No particles, irrespective of diameter, shall exceed a length of
203-10.2.3 Asphalt Modifier. An asphalt modifier shall meet
the following requirements: 1 Property - Value
Viscosity, SUS @ 100" F 2,500 Minimum
Flash, COC, F 390 Minimum
Molecular Asphaltenes, Percent by Weight 0.1 Maximum
Aromatics, Percent by Weight 55 WmUM
203-10.3 Asphalt-Rubber.
Asphalt-rubber shall consist of the following:
Asphalt conforming to AR-4000 grade in Section 203-1, Rubbe1
conforming to Subsection 203-10.2.2, and asphalt modifier confomng
to Subsection 203- 10.2.3.
After reacting the AR-4000, asphalt modifier and rubber, the asphalt-
rubber binder shall conform to the following requirements: 8 Test Parameter SDecification Limit:
1
Field Viscosity", Haake at 375" F
in centipoise
ASTM D2669
Penetration, Cone at 77" F
in 1/10 MM
2,200 c 850:
Resdience 77" F in percent
rebound ASTM D3407 15 Minimum
..
I.
Test Parameter Soecification Limits
Field Softening Point in
degree F
ASTM D36 145 k 20
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* Contractor shall have available a Haake Viscometer conforming 1 to ASTM D2669.
The percent of asphalt modifier shall be between 2 percent and 6
percent with a comparable decrease in the asphalt percentage to meet
certain climatic conditions. Exact amount to be added will be as
approved by the Engineer.
The proportions of the two materials, by weight, shall be 80 k 2
percent asphalt and modifier and 20 t 2 percent rubber.
203-10.3.1 Mixing.
The temperature of the blended asphalt and modifier shall be
between 350" and 425" F when the rubber is added. The
rubber shall be added as rapidly as possible and shall be mixed
with the asphalt-modifier blend for a period of not less than 30
minutes after incorporation of all the rubber.
The temperature of the combined materials shall be maintained
behveen 375" and 425" F during the miXing period. Agitation
or recirculation shall be adequate to provide good mixing and
dispersion of the combined materials.
The asphalt-rubber mixture may be used immediately following
mixing. However, if the material is not to be used within three
hours of mixing, the mixture shall be allowed to cool and shall
be reheated to a temperature between 375" and 425" F at the
time of placement and conform to Viscosity requirements.
..
203-10.4 Equipment. Equipment utilized in preparing asphalt-rubbei
shall include an insulated asphalt tank capable of evenly heating tht
asphalt to the proper temperature for blending with the rubber an(
a mechanical blender for proper proportioning and thorough mixin{
of the asphalt and rubber. It shall include an asphalt totalizing mete
I*
(gallons) and a flow rate meter (gallons per minute). If the asphalt-
rubber is transferred to a storage tank, the storage tank shall meet the
requirements of this subsection. The mechanical blender in the
distributor shall have a tachometer to measure its rotation.
1
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203-11 ASPHALT-RUBBER HOT MIX (ARHM) ..
f
203-11.1 General. Asphalt-rubber hot mix shall conform to the
specifications of 203-6, Asphalt Concrete, except as modified herein.
Subsection 203-6.2.1 does not apply.
Asphalt-rubber hot mix will be designated by class and shall conform
to the requirements of this section.
203-11.2 Materials. II 203-1 1.2.1 Asphalt-Rubber Binder.
The binder to be mixed with the aggregate shall conform tc
Section 203-10.
203-11.3 ARHM Mixtures.
Section 203-6.3.2 is modified as follows:
ASPHALT-RUBBER HOT MIX (ARHM) MIXTURES
Class ARHM B ARHM C ARHM D
Sieve Size Min, Max. Min. Max. Min. Mazc
1" 100
314" 90 - 100 100
112" 90 - 100 100
3 / 8" 60 - 75 78 - 92 78 - 9
No. 4 28 - 42 25 - 42 28 - 4
No. 8 15 - 25 15 - 25 15 * 2
No. 30 5 - 15 5 - 15 5 -1
No. 200 0- 5 2- 7 2-
Asphalt -Ru b-
ber Binder
(%) 7.5 - 8.4 7.5 - 8.7 7.5 - S.
203-1 1.4 Proportioning.
I.
Subsections 203-6.5.1 an 203-6.5.2 shall be modified by adding the
following paragraph:
Proportioning shall be performed using an automatic batching system,
and the proportioning device shall be automatic to the extent that thc
only manual operation required for proportioning all materials shal
be a single operation of a switch or starter.
203-11.5 Miscellaneous Requirements.
Subsection 203-6.8 shall be modified as follows:
Asphait-rubber binder shall be at a temperature not less than 375" E
or more than 425" F when added to the aggregate. The temperaturt
of the aggregate shall not be less than 325" F at the time of addin1
the asphalt-rubber binder.
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i IN NGN- ROLT &REAS PUCE GUARD FQ!3 NEXT TO 'd&VE tjOX ASSEMBLY
ORAWING N3.22).
2 . SEE: DRAWING NO '12 t%'lR GATE L'i
EXTENS iON.
OF PBINT. SEE SPX!.FK'XX?% F9R FWNTI NG REQU I RE%l EKE
AS mEcm w THE FNGINEER(SEE: 3. irppEIi SlDE oF ilc.Tu RECfiVE i ,:
3 j'Y.41-m~ & ccv~e M~~ED 'RECIAIMEC WATER: -
4- i 8-M CR LbSWAT WTEE WEUCFLSING - -
8
I STREET LI!Yi”G t
EL CAMIN0 REAL:
EL CAMINO REAL:
CARLSBAD VILLAGE DRIVE:
CARLSBAD BOULEVARD:
DAISY AVENUE:
BATIQUITOS DRIVE:
LA COSTA AVENUE:
ABEDUL STREET:
Marron Road to Chestnut Avenue (southbound)
Cxlsbad Village Drive to Marron Road (northbound)
Monroe Street to Interstate 5
Tierra del Oro Street to Palomar Airport Road
Batiquitos Drive to south end
Poinsettia Lane to Poppy Lane
Rancho Santa Fe Road to Camino de 10s Coches
Persa Street to Abanto Street
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I: UNICORN10 STREET: El Fuerte Street to Persa Street
Unicornio Street to Abedul Street I GRULLA STREET: Abedul Street to Unicornio Street
PERSA STREET:
WSPERA PLACE:
ABANTO STREET:
ABEDUL PLACE:
CAZADERO DRIVE:
AVENIDA DE LOUISA:
CALLE SUSANA:
Unicornio Street to end
Abedul Street to Unicornio Street
Abedul Street to end
Abedul Street to Alga Road
Avenida de Anita to end
Avenida de Anita to Avenida de Louisa
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U/M Rev. 12 B:VILH92014.ST
4 1992-93 OVERLAY
U/M 93-1
EL CAMIN0 REAL
MARRON ROAD southbound to CHESTNUT AVENUE
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NO SCALE
DESCRIPTION OF WORK 1" ASPHALT-RUBBER HOT MIX OVERLAY wf+h 1" HEADER & CROSS C
1,728 tons 287,980 sf)
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i 2 WATER VALVES (4TT)
ESnMATED MATERIAL QUANTITIES: ASPHALT-RUBBER HOT MIX* HEADERGRIND 12,014 If 12 CROSS CUTS)
FACILITIES TO BE RAISED: 2 STORM DRAINS 1 MONUMENT
* The transportation of Asphalt-Rubber Hot mix to the paving operation will be done with END dumping vehicl I
I -1 AREA OF OVERLAY
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4 1992-93 OVERLAY
U/M 93-1
EL CAMINO REAL
CARLSBAD VILLAGE DRIVE northbound to MARRON ROAD
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Noscw
DESCRIPTION OF WORK 2“ OVERLAY with PETRO MAT and HEADERGRIND
PETRO MAT 1 1,470 sy HEADERGRIND 5,188 If
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1,330 tons 1 10,820 sf) 2.554’ x 37.50’ + 12.5’) 1 turn pocket 726’ x 12.5’) 2 cross cuts)
1 ESTIMATED MATERIAL QUANTITIES: ASPHALT
FACILITIES TO BE RAISED: 2 STORM DRAINS 1 MONUMENT 18 WATER VALVES (4ll‘)
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i 1992-93 OVERLAY
U/M 93-1
CARESBAD VILLAGE DRIVE
INTERSTATE 5 to MONROE SlRE€r
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f NOSCAU
DESCRIPTON OF WORK r OVERLAY with PETRO MAT and HEADERGRIND
ESTIMATED MATERIAL QUANTITIES: ASPHALT 1,307 tons 217,750 sf) 18.61 1 sy 1,350’ x 50’1 PETRO MAT HEADERGRIND 6,830 If 2 cross cuts
FACluTlES TO BE RAISED: 5 STORM DRAINS 5 MONUMENTS 25 WATER VALVES (4lT)
I. pmq AREA OF OVERLAY
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4 1992-93 OVERLAY
U/M 93-1
CARLSBAD BOULEVARD
TlERRA DEL OR0 to PALOMAR AIRPORT ROAD
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TRASH DAY: MONDAY
DESCRlPTlON OF WORK: r OVERLAY with PETRO MAT and HEADERGRIND
ESTIMATED MATERM QUANTITIES: ASPHALT 2,375 tons 198,000 sf) PETRO MAT 1 1,112 sy ),OW' x 25'1 HEADERGRIND 8,096 If 2 cross cuts
FAClUTlES TO BE RAISED 12 STORM DRAINS 1 MONUMENT 10 WATER VALVES (4TT)
I. my AREA OF OVERLAY
4 1992-93 OVERLAY
U/M 93-1
DAISY Am
BAllQUlTOS DRM to south end
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NO SCAU
TRASH DAY: THURSDAY
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DESCRIPTION OF WORK: 2" OVERLAY with PETRO MAT and HEADERGRIND
PETRO MAT 9,389 sy HEADERGRIND 6,797 If
11 MONUMENTS
750 tons 125.060 sf) 3,380' x 25') i 1 cross cut)
ESTIMATE0 MATERIAL QUANTITIES: ASPHALT
FACILITIES TO BE RAISED: 1 STORM DRAIN I 35 WATER VALVES (4TT)
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1. mq AREA OF OVERLAY
4 1992-93 OVERLAY
U/M 93-1
BATIQuITOS DRmE
POINSEITA LANE to POPPY LANE
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Nosm.
TRASH DAY: THURSDAY
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DESCRIPTION OF WORK 2" OVERLAY and HEADERGRIND
92,400 sf) HEADERGRIND 3,693 554tons If I 2 cross cuts)
11 MONUMENTS 10 WATER VALVES (4TT)
ESTIMATED MATERIAL QUANTITIES: ASPHALT
FACIllTlES TO BE RAISED 0 STORM DRAIN
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1992-93 OVERLAY
U/M 93-1
LA COSTA AVENUE
RANCHO SANTA E ROAD to CAMINO DE LOS COCHES
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TRASH DAY: FRIDAY
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DESCRIPTION OF WORK 2" OVERLAY wlth PETRO MAT and HEADERGRIND
ESTIMATED MATERIAL QUANTITIES ASPHALT 930 tons {141,112 sf) ~ PETRO MAT 13,889 SY 2,500' x 50' HEADERGRIND 5,124 If 2 cross cuts
FACILITIES TO BE RAISED: 1 STORM DRAIN
5 MONUMENTS 1 0 WATER VALVES
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4 1992-93 OVERLAY
U/M 93-1
ABEDUL STREET
PERSA STREn to ABANTO STREET
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Now
TRASH DAY: THURSDAY
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DESCRIPTION OF WORK f OVERLAY and HEADERGRIND
34,650 sf) HEADERGRIND 2,100 416 tons If I 0 cross cuts) ESTIMATED MATERIAL QUANTITIES: ASPHALT
FACILITIES TO BE RAISED: 0 STORM DRAINS 6 MONUMENTS 1 WATER VALVE (4TT)
I pm AREA OF OVERLAY
1992-93 OVERLAY U/M 93-1
UNICORNIO STREET
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EL NERTE !jTREEI' to PERSA mEET
TRASH DAY: THURSDAY
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DESCRlPnON OF WORK 2" OVERLAY with PETRO MAT and HEADERGRIND
PETRO MAT 7,245 sy 1,608, x 25'{ HEADERGRlND 5,286 If 2 cross cuts
ESTIMATED MATERIAL QUANTITIES: ASPHALT 1,096 tons 91.280 sf)
FACILITIES TO BE RAISED: 1 STORM DRAIN 7 MONUMENTS I 9 WATER VALVES (ROUND)
p?u AREA OF OVERLAY I*
4 1992-93 OVERLAY
U/M 93-1
PERSA STREET
UNICORN10 STRm to ABEDUL STf?En
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NO SCN
TRASH DAY: THURSDAY
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DESCRImON OF WORK 2" OVERLAY wlth PETRO MAT and HEADERGRIND
18,744 sf) 1,136 225tons If t 0 cross cuts) ESTIMATED MAfERlAL QUANTITIES: ASPHALT PETRO MAT HEADERGRIND
0 STORM DRAINS 1 MONUMENT
FACILITIES TO BE RAISU). R 1 WATER VALVE (ROUND)
I. my AREA OF OVERLAY
~
1992-93 OVERLAY
U/M 93-1
GRULLA STREET
ABEDUL STREET to UNICORN10 SIR=
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NO SCA
TRASH DAY: THURSDAY
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DESCRIPTION OF WORK 2" OVERLAY and HEADERGRIND
23,030 sf) t 1 cross cut) 1,351 277tons If
ESTIMATED MATERIAL QUANTKIIES: ASPHALT
HEADERGRIND
FAClllTlES TO BE RAISED: 0 STORM DRAINS 2 MONUMENTS 3 WATER VALVES (ROUND)
I;. kmq AREA OF OVERLAY
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4 1992-93 OVERLAY
U/M 93-1
VISPERA PLACE
UNICORN10 STREET to end
NOSCAL
TRASH DAY: THURSDAY
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DESCRIPTION OF WORK: 2* OVERLAY and HEADERGRIND
11,958 sf) 765 144tons If t 1 cross cut) ESTIMATED MATERIAL QUANTITIES: ASPHALT HEADERGRIND
FACILITIES TO BE RAISED: 0 STORM DRAINS 2 MONUMENTS 1 WATER VALVE (ROUND)
I. pmg AREA OF OVERLAY
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4 1992-93 OVERLAY
U/M 93-1
CAZADERO DRIVE
ABEDUL STREET to ALGA ROAD
NO so
TRASH DAY: THURSDAY
t
DESCRIPTION OF WORK 2" OVERLAY and HEADERGRIND
4,366 sf) 2:::;ms [ 0 CrOlS Cub)
ESTIMATED MATERIAL ~um-rms: ASPHALT HEADERGRIND
FACILITIES TO BE RAISED: 0 STORM DRAINS
0 MONUMENTS 0 WATER VALVES
I I. p?g AREA OF OVERLAY
4 1992-93 OVERLAY
U/M 93-1
AVENIDA DE LOUISA
AVENIDA DE ANITA to end
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TRASH DAY: WEDNESDAY
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DESCRIPTION OF WORK 2* OVERLAY and HEADERGRIND
69,960 sf) HEADERGRIND 4,273 420tons If t 1 cross cut) ESTIMATED MATERIAL QUANTITIES: ASPHALT
FACILITIES TO BE RAISED: 2 STORM DRAIN 0 MONUMENTS 26 WATER VALVES (4TT)
pmg AREA OF OVERMY I.
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i 1992-93 OVERLAY
U/M 93-1
CALLE SUSANA
AVENlDA DE ANITA to AVENlDA DE LOUISA
NOSCAL
TRASH DAY: WEDNESDAY
i.
DESCRIPTION OF WORK 2" OVERLAY and HEADERGRIND
ESTIMATED MATERIAL QUANTITIES ASPHALT 27,060 sf)
HEADERGRIND 1 .A;; ;?"' { 1 cross cut)
FACILITIES TO BE RAISED: 0 STORM DRAINS
4 MONUMENTS 0 WATER VALVES
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d 5 I s
I. mq AREA OF OVERLAY
April 19, 1994
Daley Corporation and
California Commercial Asphalt Corp. J.V.
P.O. Box 609018
§an Diego, CA 92160-9018
Re: Bond Release - 1992-93 Pavement Overlay Program - Cont. No. U/M 93-1
The Notice of Completion for the above-referenced project has recorded. Therefore, w
hereby reducing the Faithfid Performance Bond to 75% of the original amount. P
consider this letter as your notification that Golden Eagle Insurance Company Fai
Performance Bond No. SUR 153062 is hereby reduced to $155,980.05.
A copy of the recorded Notice of Completion is enclosed for your records. &*- Assistant City C
Enc.
c: Michele, Eng.
Golden Eagle Ins. Co.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-:
*m" =I @p +$ =$3J%&m$lp n P%
~ h?, 3 A$;%= %,si,.%
7- L2-5&$+1994 ai -z i 0 1968 Recording requested by:
*' CITY OF CARLSBAD
- r - ppr ,- $Fr;[T;1 I.-- 'b -'LI I L-- %lfii~ %
* When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Space above for Recorder's Use
NOTICF OF~~~COhwl FTION
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 prc hereinafter described.
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, Calii
92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on
December 27,1993
The name of the contractor, if any, for such work of improvement is Dalev Corpoi
The property on which said work of improvement was completed is in the C Carlsbad, County of San Diego, State of California, and is described as follows: -
1999-93 Pavement Overlay Pr0-M 93-1
e
8. The street address of said property is "E /,
(lf none assigned, insert 'IN(
Utilities & Maintenance Director
VERIFUCATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbac
92008; the City Council of said City on = 315 , 1994, accepted the a
described work as 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 db , 1994 at Carlsbad, California. B \
CITY OF CARLSBAD
Aletha L. gautenkranz, City Clerk
Karen R. Kundtz, Assistant City ClerC
" $- I J . &. . . : ,, ;,f - .d," r', . ,{( , ,"%. ,,.;. 2.' . -:. - i 'e e 'L
4, __ f .-.,
0
January 26, 1994
Annette J. Evans County Recorder
Post Office Box 1750
San Diego, CA 92112-4147
RE: NOTICE OF COMPLETION
Enclosed for recordation is the following described documents:
Notice of Completion Asphalt Maintenance Company
1991-92 Streets Slurry Seal Program Contract No. U/M 93-4
Notice of Completion
Daley Corporation and California Commercial
1992-93 Pavement Overlay Program
Contract No. U/M 93-1
Asphalt Corporation J
Our staff has determined that the recordation of this document
of benefit to the City; therefore, it is requested that the fees
waived.
Thank you for your assistance in this matter.
' KRK:i.jp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2
c 9 Hecording requested PY:
CITY OF CARLSBA
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
.- 0
Space above for Recorder’s Us