HomeMy WebLinkAboutDaley Corporation; 1991-01-24; U/M 91-2TABLE OF CONTENTS
Item. - P
NOTICE INVITING BIDS ...........................................
CONTRACTOR’SPROPOSAL ........................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL
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If ........................... I DESIGNATION OF SUBCONTRACTORS ...............................
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ..................
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .............................. I CONTRACT-PUBLICWO .........................................
LABOR AND MATERIALS BOND ....................................
PERFORMANCEBOND
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
RELEASEFORM ...............................................
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SPECIAL, PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WO1
CONSTRUCTION FOR CONSTRUCTION MATERIALS
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111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WO’
CONSTRUCTION FOR CONSTRUCTION METHODS
IV. SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS
V. SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION METHODS ..........
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VI. SPECIFICATIONS FOR 1990-91 STREETS OVERLAY PROGRAM ..........
VII.STREETLISTING
VIII.SPECIFICAT1ONS FOR TRAFFIC STRIPES AND PAVEMENT MARKINGS .....
IX. MAPS ....................................................
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Amended per K.H. 10/10/90 10/3/90
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CITY OF CARLSBAD, CALIFORNIA
NOTICE I"G BIDS I
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Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1
Carlsbad Village Drive (formally Elm Avenue), Carlsbad, California, until 4:OO P.M. or
28th day of November, 1990, at which time they will be opened and read, for perfon
the work as follows: 1990-91 Streets Overlay Program, Contract No. U/M 91-2.
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 shall consist of the latest edition of the Standard Specificai
of Public Works Construction, hereinafter designated as SSPWC, as issued by the Sout
Chapters of the American Public Works Association. Reference is hereby made tc
specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-ov
businesses.
No bid will be received unless it is made on a proposal form furnished by the Purclx
Department. Each bid must be accompanied by security in a form and amount reqi
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 c
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 Sec
22300), appropriate securities may be substituted for any obligation required by this nc
or for any monies withheld by the City to ensure performance under this Contract. Sec
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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All bids will be compared on the basis of the Engineer's Estimate. The estimated quanl
are approximate and serve solely as a basis for the comparison of bids. The Engin
Estimate is $260,800. It is estimated to take twenty (20) workdays to fully complet
aspects of the project, including sweeping.
No bid shall be accepted from a contractor who is not licensed in accordance witk
provisions of California state law. The contractor shall state their license nun
expiration date and classification in the proposal, under penalty of perjury, pursua
Business and Professions Code Section 7028.15. The following classifications
acceptable for this contract: A,C-12 or C-32 in accordance with the provisions of state
If the Contractor intends to utilize the escrow agreement included in the con
documents in lieu of the usual 10% retention from each payment, these documents 1
be completed and submitted with the signed contract. The escrow agreement may nc
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Aver
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 IT
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to executt
Contract shall be those as determined by the Director of Industrial Relations pursuai
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 oj
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay
than the said specified prevailing rates of wages to all workers employed by him or h
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisior
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts C
"Subletting and Subcontracting Fair Practices Act."
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 November 14, 1990 at 2:OO P.M. at the Utilities
Maintenance Administration Conference Room, 2075 Las Palmas Drive, Carls
California. A tour of the project sites should be made prior to the pre-bid meeting.
10/3/90
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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 I
to bidding. Submission of bids without acknowledgment of addenda may be caus
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and mate!
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (5C
respectively, of the Contract price will be required for work on this project. These bc
shall be kept in full force and effect during the course of this project, and shall exten
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.
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. 90-366 , adopted on the 9th day of October , 1920
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'gfh" ,- Date Ma L. & e&anz,&@ Clerk
10/3/90 R F
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QTY OF CARLSBAD
CONTRACT NO.
CONTM~OR’S PROPOSAL
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City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fur
all labor, materials, equipment, transportation, and services required to do all the wor
complete Contract No. U/M 91-2, in accordance with the Plans and Specifications of
City of Carlsbad, and the Special Provisions and that he/she will take in full pap
therefor the following unit prices for each item complete, to wit:
Approximate
No. and Unit Price Total
Item Quantity Unit
#l /96,0// - &- ap 1. Asphalt concrete, Type 6,759 tons
1 -C-AR-4000, compete in
place at Tu~mry/ WW.
dollars and w
cents per ton.
2. Header grinding, 19,618 If ’ 0.75 .Jl: ,*a3=
complete in place at
do dollars and
S-6-y +J& cents per
linear foot.
3. Petro matting,
complete in place at
nlo dollars and
@
0 975 /$f 887 E’ rsve*rly f+b cents per dr
square yard. 19,850 sq yd I. 10/3/90 E
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Item Description
with Unit Price or Approximate
Item Lump Sum Price Quantity Unit
Number Written in Words and Unit Price Total
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5-200- A4 4. Layout and replace Lump sum 4$ 5200
traffic stripes and
pavement markings
complete in place at glue/
74(cX&eoD ;rue &o&d dollars and
dB cents.
5. Adjust manhole covers, 40 4G XDOo0 %poo -z?
6. Adjust monuments and 25 ,Z+2Q 3, /08 -
complete in place at
YUCI HH~ZXZCA dollars and
Aa cents each. & 08 4$
sewer dead ends, complete
in place at OFJ 6 A/WJ~RO -n~~\rr 6%~
dollars and do
cents each.
Y
7. Adjust water valves 37
00 + jzq2 -&388- -##
complete in place at
=de A~~<WJCEAJTY Fob& dollars and
dl3 cents each.
Total amount of bid in words: Go goflDEc3 faCY5fk 5&M& fieL bd
Total amount of bid in numbers: $ zc/6, 500
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). AlOtJ& has/have been received and is/are included in
VDOl IAES
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The Undersigned has checked carefully all of the above figures and understands that
City will not be responsible for any error or omissions of the part of the Undersigne
making up this bid.
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The Undersigned agrees that in case of default in executing the required Contract
necessary bonds and insurance policies within twenty (20) days from the date of awaz
Contract by the City Council of the City of Carlsbad, the proceeds of the check or E
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that they are licensed tc
business or act in the capacity of a contractor within the State of California and that
are validly licensed under license number 4- 976 classification A
which expires on 8/3//9/ . This statement is true and coiect and has the legal ef
of 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 shall
rejected by the City. 3 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 accorde
with California law. However, at the time the contract is awarded, the contractor SI
be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or employee of the City of Carlsbac
personally interested, directly or indirectly, in this Contract, or the compensatior
be paid hereunder; that no representation, oral or in writing, of the City Coun
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 p
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporat
making a bid for the same work, and is in all respects fair and without collusion
fraud.
Accompanying this proposal is A dOLB
(Cash, Certified Check, Bond or CashieJs Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code whi
requires every employer to be insured against liability for workers’ compensation or
undertake self-insurance in accordance with the provisions of that code, and agrees
comply with such provisions before commencing the performance of the work of tl
Contract and continue to comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Ar
2, relative to the general prevailing rate of wages for each craft or type of worker nec
to execute the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
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(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signati
must be made by a general partner) I
(3) Place of Business I (Street and Number)
City and State
Zip Code Telephone No.
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-- - -"I" - - _I___ ___I__ __I - ___ - --- 1--1----- --I- -"- ---
, personall
(or proved to me on the ba is of satisfactory evidence) to be the persons wh
within instrument as fipa President and
respectively, of the Corporation therein named, and acknowledged to me that
executed it pursuant to its by-laws or a resolution of its board of directors
WITNESS my hand and official s
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rp -Pres & Sec -WoIcotts Form 222CA-Rev 11 83 ------~----_-
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Incorporated under the laws of the State of cfiLt\(>a<*
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Place of Business ?&X? Q \la 33 LC., cn ,,,,,TJ. E
1 (5) Zip Code W-\T .? Telephone No. An - ?,*5 -c- 10 \
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IF A CORPORATION. SIGN HERE:
(1) Name under which business is conducted DALEY COR PO RAT i O?J I*
I! (2) \-&-&a & /
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Signature
- THOMAS D. SHADDOX, VICE PFESIDENT
Title
Is Impress Corporate Seal
(3)
(4)
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(Street and Nuder) I. City and State SR t.,( m 1 &o, cc.
NOTARIAL ACKNOWLFDGEMENT OF EXECUTION BY ALL SIGNATORIES MUS
ATTACHED
List below names of president, vice president, secretary and assistant secretary,
corporation; if a partnership, list names of all general partners, and managing partnl I
I ~wf;;i-f -A mj~ filipui c;.;;sc p(rrKFAS
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BIDDER’S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and TNSU RW E CU2pll
as Surety are held and firmly bound unto the City of Carlsbad, California, in an amou
follows: (must be at least ten percent (10%) of the bid amount) TEN p-rr:w (:ob/13:
1’ i76 z TOIPLL A’/SCLi[\i-
for which payment, well and truly made, we bind ourselves, our heirs, executors
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal o
above-bounden Principal for: 1990-91 Streets Overlay Program, Contract No. U/M <
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly z
into and execute a Contract including required bonds and insurance policies withir
(10) days from the date of award of Contract by the City Council of the City of Carl5
being duly notified of said award, then this obligation shall become null and 7
otherwise, it shall be and remain in full force and effect, and the amount specified hc
shall be forfeited to the said City.
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10/3/90
On November 27, 1990 9 be
Mary K. Martinez
the undersigned Notary Public, personally ap
i5 State of California
County of San Diego
Jack G. Lupien
p] personally known to me
[ 3 proved to me on the basis of satisfacto
evidence
, to be the person(s) who executed the within
as Attorney-h-Fact on the beh
corporation therein named, and acknowledged
the corporation executed it.
WITNESS my name and official seal.
--.-~-___ I - -
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respectively, of the Cor
WITNESS my hand and official se
rp -Pres & Sec -WoIcotts Form 222CA-Rev 11 83
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By: ! &L/L&IW &Me I.
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In the event Principal executed this bond as an individual, it is agreed that the dead
Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 2-8 day of Executed by SURETY this 2yd day (
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PRINCIPAL: SURETY:
3RFrnAh)k 70db Z~SL(R*B.hlCls Cdrtr
By: -i- z/22?5ik+2fzLd u (sign here)
printed name of Attorney-in-Fact
(attach corporate resolution show
1 (title and organization of signatory) current power of attorney)
(sign here)
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(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL, and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary u
corporate seal empowering that officer to bind the corporation.)
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APPROVED AS TO FORM:
City Attorney
VINCENT F. BIONDO, JR.
By: >/(IC A
WN J. HIRATA
Deputy City Attorney
10/3/90 E
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YUH LK Uh ATLORNEY FIREMAN'S FUND INSURANCE COMPANY
&OW ALLMEN BY THESEPRESEN'RkThat FIREMAN'SFLJND INSURANCECOMPANY,.aCorporationdulyorganiztd andocis the State of California. and having its principal office in the County of Marin. State of California, has made, constituted and appoint1 presents make, constitute and appoint
'
JACK G. LUPIEN, DALE G. HARSHAW, SIOUX 'MUNYON, DEBRA J. NIEMEYER
and JEROME L. HREN
jointly or severally
itstrue and lawful Attorney(s>in-Fact. with full power and authorityhereby conferred in its name, place and stead, to execute, seal. acknow and all bonds, undertaking. recognizances or other written obligations in-the nature thereof ......................... .'
and to bind the Corporation therebyas fully and to the'same extent as if such bonds were signed by the President, sealed with the c Corporation and duly attested by its Secretary, hereby ratifying and confi~ing all that the said Attorney(s)-in-Fact may do in the premisc
This power of attorney is granted pursuant io &tide VII. Mons 45 and 46 of By-laws of FIREMAN'S FUND INSURANCE COMPANJ effect.
''Article VII. Appoiutment and Authority of Resident Secretaries, Attorney-in-Fact and Agents to uccept Legal Process and Make Apj
Section 45. Appointment. The Chairman of the Board of Directors. the President, any Vice-President or any other person author Directors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident Ass Attorneysin-Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process nnd make appearances fo
Section 46. AutboritF Theauthority of such Resident Assistant Secretaries, Attorneys-in-Fact and Agents sbaU beas prescribed in the i theirappointment. Any such appointment and dl authority granted thereby may be revoked at any time by the Board of Directoa or by any make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY at a meeting duly called and held on the 7th day of August. 1984, and said Resolution has not been amended <
"RESOLVED, that the signature of any Vice-president, Assistant Secretary, and Resident Assistant Secretary of this Corporation, Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney. or on any certificate relating and any power of attorney, any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shal upon the Corporation:'
IN WITNESS WHEREOF. FIREMAN'S FUND INSUILANCE COMPANY has caused these presents to be signed by its Vice-Presidm
Corporntion.
seal to be hereunto affured this 19th day of December ,1988.
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, 19 88, before me personally came R- D - farnsw
to me known, who, being by me duly sworn, did depose and say: that he is Vice-president of FIREMAN'S FUND INSURANCE COMP, described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrui seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
1 s-
- (hr;l/-' Notary Public
1 ss.
SATE OF CALIFORNIA
COUNTY OF MARIN
Onthis 19th dayof December
.~llll~l~l~P(~~I~~~:~~~~?E~~X~S:~~~X~~~~~~f~~~~E~~ja~~~~:,~ -
I " Y - I u P - - - - I
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OFfiCfAL SEAL
I " 1. [z- '2A3!zE;;'cRT $
I.IOT.PIRY W3LC - CAL~F~~FIIP~ ; .. ., Frinripal Oil:<r ill Mar:!] ~~cfitjr $ - - - - - " CERTIFICATE thy CoTnir:ion ixpircr dog. 28, 1992 5
~:i~iiixiieiac~s~a:~~~~:~~~~a~i~r~~~~~~~~~~:~s~a~~~~~~i;:~
STATE OF CALlFORNIA
COUNTY OF MARIN
I. the undersigned. Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation. DC that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VI the By-law of the Corporation. and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
Signed and sealed at the County of Marin. Dated the 27th day of November * a??&?
Ma7 I2 -FF- 1 [ -87
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DESIGNATION OF SUBCOIUTRA~ORS
The Contractor certifies he/she has used the sub-bids of the following listed Contrac
in making up his/her bid and that the sub-contractors listed will be used for the worl
which they bid, subject to the approval of the City Engineer, and in accordance
applicable provisions of the specifications and Section 4100 et seq. of the Public Cont
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be ma(
these subcontractors except upon the prior approval of the City Engineer of the Ci
Carlsbad. The following information is required for each sub-contractor. Additional p
can be attached if required:
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Items of Complete Address Phone No.
Work Full Company Name with Zip Code with Area Col
Cdb khNttJ6 /h=&/Md && &#id& (hq) 7+7- L?8
/4&9/ AdefrrrdR afz\qc J-~
vAL&ycuna Yz73az ,
*It, PI 0) 6 O!M66 GDL~~Y ~~r&&a 1x3 d dxL5y (714 639-4
&!!~tvce 9266 8
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DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to provide the following information on the subbids of all the h
subcontractors as part of the sealed bid submission. Additional pages can be attache
required.
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Type of State
Contracting Carlsbad Business Amount of Bid Fd Company Name License & No. License No.* ($ or %I
An CClCArJ &L3 (%$mdG 522 7 8Y- /4 // 64 zoo * 69~ #
O!.J-G~ CO. L&.~P~OI~ *3 Sc609S- 6-32 ?(w\LL5bPPLy) It 2 '76-
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid licen
must be obtained prior to submission of signed Contracts. 1
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility.
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Wr-~~~~TS ," asse-5 s h\QJdze m*\a-c a- +3?% -1 J
CkGLCA- * 33cG Fa* (Q*-ck4 c dF k2E CGnPa
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BIDDER'S STATEMENT OF TECHNICAL. ABILITY AND EXPERIENCE
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 telepl
numbers, which will enable the City to judge his/her responsibility, experience and
An attachment can be used.
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NON-COLLUSION AFmDAvIT TO BE EXECUTED
BY BIDDER AND SLJBA"ED WITH BID
State of California 1
county of 1
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iI-lOMAsm, z&nxnk being first duly sworn, deposes c_
(Name of Bidder)
and says that he or she is V"~E -t->,,s*,kp,d~
(Title)
of ~~~~Y~~~~~~~?~~~
(Name of Fh)
the party making the foregoing bid that the bid is not made in the interest of, or on be
of, any undisclosed person, partnership, company, association, organization, or corporat
that the bid is genuine and not collusive or sham; that the 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 an]
shall refrain from bidding that the bidder has not in any manner, directly or indirec
sought by agreement communication, or conference with anyone to fix the bid price, c
that of any other bidder, or to fix any overhead, profit, or cost element of advani
against the public body awarding the contract of anyone interested in the prop(
contract; that all statements contained in the bid are true; and further, that the bidder
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or
contents thereof, or divulged information or data relative thereto, or paid, and will not I
any fee to any corporation, partnership, company association, organization, bid depositc
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that
affidavit was executed on the a day of
C
tLLL, LC h~ , 1990.
\ ad/+
Signature of Bidder
Subscribed and sworn to before me on the 4 day of
(NOTARY SEAL)
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coma - PUBLIC WORKS
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This agreement is made this d"6day of -dd7
of Carlsbad, California, a municipal corpo&ion, (gereinafter called "City"), and
, -by and between the
whose principal place of business Daley C orpora tion
(hereinafter called Tontractor".)
2400 Murphy Canyon Road, San Diego CA 92123
City and Contractor agree as follows:
1. DescriDtion of Work. Contractor shall perform all work specified in the Cont
documents for: 1990-91 Streets Overlay Program, Contract No. U/M ! I (hereinafter called "project").
Provisions of Labor and Materials. Contractor shall provide all labor, mater
tools, equipment, and personnel to perform the work specified by the Cont
Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Nc
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation
Subcontractors, Bidder's Statements of Financial Responsibility and Tech
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans
Specifications, the Special Provisions, and all proper amendments and chan
made thereto in accordance with this Contract or the Plans and Specificatic
and all bonds for the project; all of which are incorporated herein by
reference.
Contractor, her/his subcontractors, and materials suppliers shall provide q
install the work as indicated, specified, and implied by the Contract Docume
Any items of work not indicated or specified, but which are essential to
completion of the work, shall be provided at the Contractor's expense to fu
the intent of said documents. In all instances through the life of the Contr
the City will be the interpreter of the intent of the Contract Documents, and
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City's decision relative to said intent will be final and binding. Failure of
Contractor to apprise subcontractors and materials suppliers of this conditio
the Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor's performance of work under
Contract, City shall make payment to the Contractor per Section 9-3 of
Standard SDecifications for Public Works Construction. The closure date for e
monthly invoice will be the 30th of each month. Invoices from the Contra1
shall be submitted according to the required City format to the City's assig
project manager no later than the 5th day of each month. Payments will
delayed if invoices are received after the 5th of each month. The final reteni
amount shall not be released until the expiration of thirty-five (35) c
following the recording of the Notice of Completion pursuant to California (
Code Section 3184.
IndeDendent Investigation. Contractor has made an independent investigatio
the jobsite, the soil conditions at the jobsite, and all other conditions that mi
affect the progress of the work, and is aware of those conditions. The Contr
price includes payment for all work that may be done by Contractor, whet
anticipated or not, in order to overcome underground conditions. 1
information that may have been furnished to Contractor by City ab
underground conditions or other job conditions is for Contractor's convenie
only, and City does not warrant that the conditions are as thus indica1
Contractor is satisfied with all job conditions, including underground conditi
and has not relied on information furnished by City.
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6. Contractor Responsible for Unforeseen Conditions. Contractor shall
responsible for all loss or damage arising out of the nature of the work or fit
the action of the elements or from any unforeseen difficulties which may arise
be encountered in the prosecution of the work until its acceptance by the CI
Contractor shall also be responsible for expenses incurred in the suspension
discontinuance of the work. However, Contractor shall not be responsible
reasonable delays in the completion of the work caused by acts of God, stor
weather, extra work, or matters which the specifications expressly stipulate 1
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digg
trenches or other excavations that extend deeper than four feet below the surf;
Contractor shall promptly, and before the following conditions are disturbc
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 reqc
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 tl
indicated.
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.
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B.
C. I
City shall promptly investigate the conditions, and if it finds that the condit
do materially so differ, or do involve hazardous waste, and cause a decreas
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 decreas
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 with all work to be perfor
under the contract. Contractor shall retain any and all rights provided eithe
contract or by law which pertain to the resolution of disputes and pro1
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, o
changes, modifications and extra work by issuance of written change orc
Contractor shall make no change in the work without the issuance of a wri
change order, and Contractor shall not be entitled to compensation for any e
work performed unless the City has issued a written change order designatin
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 amoun
reduction, the work shall nevertheless proceed and the amount shall
determined by litigation. The only person authorized to order changes or e
work is the Project Manager. The written change order must be executed by
City Manager or the City Council pursuant to Carlsbad Municipal Code Sec
3.28.172.
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Immkration 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 comply with these requirem
including, but not limited to, verifying the eligibility for employment c
agents, employees, subcontractors, and consultants that are included in
Contract.
Prevailinn Wane. Pursuant to the California Labor Code, the director o
Department of Industrial Relations has determined the general prevailing ra
per diem wages in accordance with California Labor Code, Section 1773 s
copy of a schedule of said general prevailing wage rates is on file in the offi
the Carlsbad City Clerk, and is incorporated by reference herein. Pursua
California Labor Code, Section 1775, Contractor shall pay prevailing w
Contractor shall post copies of all applicable prevailing wages on the job s
Indemnification. Contractor shall assume the defense of, pay all expens
defense, and indemnify and hold harmless the City, and its officers
employees, from all claims, loss, damage, injury and liability of every kind, n,
and description, directly or indirectly arising from or in connection wid
performance of the Contractor or work; or from any failure or alleged failu
Contractor to comply with any applicable law, rules or regulations inch
those relating to safety and health; except for loss or damage which was ci
solely by the active negligence of the City; and from any and all claims,
damages, injury and liability, howsoever the same may be caused, res1
directly or indirectly from the nature of the work covered by the Contract, u
the loss or damage was caused solely by the active negligence of the City.
expenses of defense include all costs and expenses including attorneys fec
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the cor
insurance against claims for injuries to persons or damage to property whicl
arise from or in connection with the performance of the work hereunder b
Contractor, his agents, representatives, employees or subcontractors.
(A) COVERAGES AND LIMITS - Contractor shall maintain the typ(
coverages and minimum limits indicted herein:
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1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily in
and property damage. If the policy has an aggregate limi
separate aggregate in the amounts specified shall be establishec
the risks for which the City or its agents, officers or employees
additional insureds.
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2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury
property damage.
Workers’ ComDensation and Em~lovers’ Liability Insurance:
Workers’ compensation limits as required by the Labor Code oi
State of California and Employers’ Liability limits of $1,000,000
incident.
3.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policie insurance required under this agreement contain, or are endorsed
contain, the following provisions. General Liability and Automo
Liability Coverages:
1. The City, its officials, employees and volunteers are to be cow
as additional insureds as respects: liability arising out of activi
performed by or on behalf of the Contractor; products
completed operations of the contractor; premises owned, lea,
hired or borrowed by the contractor. The coverage shall con
no special limitations on the scope of protection afforded to
City, its officials, employees or volunteers.
The ContractoJs insurance coverage shall be primary insuranc
respects the City, its officials, employees and volunteers.
insurance or self-insurance maintained by the City, its offici
employees or volunteers shall be in excess of the contract
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies SI
not affect coverage provided to the City, its officials, employee:
volunteers.
Coverage shall state that the contractor‘s insurance shall a€
separately to each insured against whom claim is made or sui
brought, except with respect to the limits of the insurer‘s liabil
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(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims ma basis, coverage shall be maintained for a period of three years following
date of completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by
agreement shall be endorsed to state that coverage shall not be suspenc
voided, canceled, or reduced in coverage or limits except after thirty (
days' prior written notice has been given to the City by certified IT
return receipt requested.
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(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 level
respects the City, its officials and employees; or the contractor shall pro
a bond guaranteeing payment of losses and related investigation, c
administration and defense expenses.
(F) WAIVER OF SUBROGATION - AU policies of insurance required under agreement shall contain a waiver of all rights of subrogation the ins
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 endorsemenl
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, as specifit
City Council Resolution No. 90-96.
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
forms approved by the City and are to be received and approved by thc
before work commences.
COST OF INSURANCE - The Cost of all insurance required unde
agreement shall be included in the ContractoJs bid.
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(I)
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Claims and Lawsuits. Contractor shall comply with the Government Tort Clai
Act (Section 900 et seq of the California Government Code) for any claim
cause of action for money or damages prior to filing any lawsuit for breach
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14. Maintenance of Records. Contractor shall maintain and make available at no c
to the City, upon request, records in accordance with Sections 1776 and 1812
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does .
maintain the records at Contractor's principal place of business as specif
above, Contractor shall so inform the City by certified letter accompanying
return of this Contract. Contractor shall notify the City by certified mail of i
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 purcf
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 :
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16.
17.
18.
I insertion or correction.
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10/3/90 .
--~- - -"~_- -~ ~~______
~i~-.ii-= .. --- ~--- -_i
-_11- -I c______p__ - - --- h STATE OF CALIFORNIA
and
, person;
(or proved to me on the bas1 f satisfactory evidence) to be the persons w
within instrument as & President and
respectively, of the Corporation therein named, and acknowledged to me tha
executed it pursuant to its by-laws or a resolution of its board of directors
WITNESS my hand and official seal
..-.--
DGMENT-Carp -Pres & Sec -Wolcolts Form 222CA-Rev 11 83
*- --. --= -~ --- _._ _I
- __-..-- (price class 8 2)
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Additional Provisions. Any additional provisions of this agreement are set fi
in the "General Provisions" or "Special Provisionstt attached hereto and ma(
part hereof.
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b WNCENT F. BIONDO, m.
NOTARIAL ACKNOWLEDGEMENT OF Contractor
EXECUTION BY ALL SIGNATORIES
MUST BE ATI'ACHED
(CORPORATE SEAL)
VMOtdlAS 8. S~~~~~X, VlCE ~~~~~~~~ 1
Print Name of Signatory
I Signature of Signatory
APPROVED TO AS TO FORM:
Title
City Attorney I By:
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De&& City Attorney v 4
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE D
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B John Burnham & Company
610 West Ash Street
P.O. Box 2910 COMPANIES AFFORDING COVERAGI San Diego, CA 92112-4215
COMPANY A LETTER CODE SUB-CODE Argonaut Insurance Company
COMPANY LETTER B
COMPANY LETTER c
COMPANY D LETTER
COMPANY LETTER E
INSURED
Daley Corporation
P.O. Box 609018 San Diego CA 92160-9018
W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS E DATE (MMIDDIYY) DATE (MM/DD/YY)
A GENERAL LIABILITY LL77502002011 5/01/90 5/01/91 GENERALAGGREGATE i
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGRE(
CLAIMSMADE x OCCUR. PERSONAL & ADVERTISING INJ a
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MEDICAL EXPENSE (Any one pe
COMBINED
OWNERS & CONTRACTOR'S PROT. ,
1
BA77502002012 5/01/90 5/01/91 SINGLE $ A AUTOMOBILE LIABILITY
X ANYAUTO LIMIT 1
ALL OWNED AUTOS BODILY
SCHEDULED AUTOS *REVISED CERTIFICATE ISSUED IN (Per person) INJURY $
I LIEU OF CERTIFICATE DATED 1/11/91 L%kT $ X HIREDAUTOS ' X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY $
DAMAGE
EACH OCCURRENCE
$
EXCESS LIABILITY
OTHER THAN UMBRELLA FORM
A WORKER'S COMPENSATION WC77502002010 5/01/90 5/01/91 STATUToRY
$ 100
$ 10 0 0 (DISE
$ 10 0 0 (D1St
AND
EMPLOYERS' LIABILITY I
1 OTHER
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DESCRIPTION OF OPERATlONS/LOCATlONS/VEHlCLES/RESTRlCTlONS/SPECIAL ITEMS
THE CERTHOLDER IS AN ADDITIONAL INSURED UNDER
GENERAL LIABILITY & AUTO LIABILITY PER ATTACHED ENDORSMENTS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlLl
CITY OF CARLSBAD MAIL 38 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDE OPURCHAS ING DEPT. LEFT, n
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~-__l___- -- -I 1200 CARLSBAD VILLAGE DR.
CARLSBAD, CA 92008-1989 AUTHORIZED REPRESENTATIV
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11- 26
L POLICY NUMBER: LL77502002011 COMMERCIAL GENERAL LIABIL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL *
INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
NAME OF PERSON OR ORGANIZATION: SCHEDULE
CITY OF CARLSBAD 1990-91 STREETS OVERLAY
PROGRAM CONTRACT #U/M 9
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this 0 endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured
the person or organization shown in the Schedule, but only with
respect to liability arising out of "your work" for that insured
by or for you.
NAMED INSURED: DALEY CORPORATION
c
CG 20 10 11 85 e
DATE: 1/11/91
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A Agronaut Insurance Pol.#LL77502002011
Daley Corporation e
PRIMARY WORDING ENDORSEMENT
"The insurance provided by this endorsement, with
the additional insured named in the schedule, is Primary. Other insurance afforded to the additional
insured shall apply as excess of, and not contribute
with, the insurance afforded by the endorsement."
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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 Carls
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereina
address is
called 'tit$' 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 ai
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 entc
into between the City and Contractor for 1990-91 Street Overlay Program in amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attache
Exhibit "A". When Contractor deposits the securities as a substitute for Con
earnings, the Escrow Agent shall notify the City within ten (10) days of
deposit. The market value of the securities at the time of the substitution I
be at least equal to the cash amount then required to be withheld as reter
under the terms of the Contract between the City and Contractor. Securities I
be held in the name of City of Carlsbad and shall designate the Contractor a:
beneficial owner. Prior to any disbursements, Escrow Agent shall verify tha
present cumulative market value of all securities substituted is at least equ
the cash amount of all cumulative retention under the terms of the Contra
The City shall make progress payments to the Contractor for such funds v.
otherwise would be withheld from progress payments pursuant to the Con
provisions, provided that the Escrow Agent holds securities in the form
amount specified above.
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
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3. I created hereunder is terminated.
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Contractor shall be responsible for paying all fees for the expenses incurred '
Escrow Agent in administering the escrow account. These expenses any payme
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held
escrow and all interest earned on that interest shall be for the sole account
Contractor and shall be subject to withdrawal by Contractor at any time and frr
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in 1
Escrow Account only by written notice to Escrow Agent accompanied by Writ1
authorization from City to the Escrow Agent that City consents to the withdrai
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default
the Contractor. Upon seven (7) days written notice to the Escrow Agent fr
the City of the default of the Contractor, the Escrow Agent shall immediai
convert the securities to cash and shall distribute the cash as instructed by
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6.
7.
z City.
a. Upon receipt of written notification from the City certifylng that the Contra1
has complied with all requirements and procedures applicable to the Contr
Escrow Agent shall release to Contractor all securities and interest on deposit
escrow fees and charges of the Escrow Account. The escrow shall be clc
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 agreement
the City and Contractor shall hold Escrow Agent harmless from Escrow Agc
release and disbursement of the securities and interest as set forth in Sectio
thru 8 and 10.
9.
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The names of the persons who are authorized to give written notices c
receive written notice on behalf of the City and on behalf of Contractc
connection with the foregoing, and exemplars of their respective signature:
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For City: Title
Name
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Address
For Contractor: Title J Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to
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.
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JI For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name t Signature
Address
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensal
of whatever nature due the Contractor for all labor and materials furnished and for
work performed on the above-referenced project for the period specified above with
exception of contract retention amounts and disputed claims specifically shown belov
RETENTION AMOUNT FOR THIS PERIOD: $
1.
I DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may hi
of whatever type or nature, for the period specified which is not shown as a retenl
amount of a disputed claim on this form. This release and waiver has been m
voluntarily by Contractor without any fraud, duress or undue influence by any persor 0 entity.
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 par
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By:
Title: I By:
Title:
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SPEW PROVISIONS
E. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSI1RUCXON
I.
1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of sim
import are used, it shall be understood that reference is made to the plans accompany
these provisions, unless stated otherwise.
B. Directions:
Where words 'Uirected," "designated," "selected," or words of similar import are usec
shall be understood that the direction, designation or selection of the Engineer is intend
unless stated otherwise. The word "requiredf and words of similar import shall
understood to mean "as required to properly complete the work as required and
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar im~
are used, it shall be understood such words are followed by the expression "in the opin
of the Engineer," unless otherwise stated. Where the words "approved," "approv
"acceptance," or words of similar import are used, it shall be understood that the appro'
acceptance, or similar import of the Engineer is intended.
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R D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his exper
shall perform all operations, labor, tools and equipment, and further, including
furnishing and installing of materials that are indicated, specified or required to mean t
the Contractor, at her/his expense, shall furnish and install the work, complete in place i
ready to use, including furnishing of necessary labor, materials, tools, equipment, i
transportation.
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1-2 DEFINITIONS
Mom Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representativ
24 CONTRACTBONDS
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The “Payment Bo
(Material and Labor Bond) shall be for not less than 50 percent of the contract pnc
satisfy claims of material suppliers and of mechanics and laborers employed by contra
on the project.
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.
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To Section 2-5.1, General, add:
The specifications for the work are the Standard Suecifications for Public W
Construction, 1985 Edition, the 1986 supplement, and the January, 1986 Standard Sp
Provisions, hereinafter designated SSPWC, as issued by the Southern California Chapt
the American Public Works Association, and these General Provisions.
The Construction Plans consist of - sheet(s) designated as City of Carlsbad Drawin1 - . The standard drawings utilized for this project are the latest edition of the San L
Area Redona1 Standard Drawings, hereinafter designated SDRS, as issued by the San L
County Department of Public Works, together with the City of Carlsbad Supplem
Standard Drawings. Copies of pertinent standard drawings are enclosed with 1
documents.
To Section 2-5.3, Shop Drawings, add:
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Where installation of work is required in accordance with the product manufactur
direction, the Contractor shall obtain and distribute the necessary copies of s
instruction, including two (2) copies to the City.
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2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record se
transparent sepias, which shall be corrected daily and show every change from the ong
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipm
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 on
job and shall be used only as a record set and shall be delivered to the Engineer I
completion of the work.
4-1 MA- 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 furbish 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.
Modify 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 m:
inspected or tested at any time during their preparation and use. If, after trial, it is f
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 o
other reason shall be rejected.
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All backfill and subgrade shall be compacted in accordance with the notes on the plans
the SSPWC. Compaction tests may be made by the City and all costs for tests that n
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: Y 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. s 5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known reco
endeavored to locate and indicate on the Plans, all utilities which exist within the lfi
of the work. However, the accuracy of completeness of the utilities indicated on the P
is not guaranteed.
54 RELOCATION
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The temporary or permanent relocation or alteration of utilities, including ser
connection, desired by the Contractor for hidher 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 P1
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 partie
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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Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following: I
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
schedule.
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4. The schedule shall indicate estimated percentage of
completion for each item of work at each and every I submission.
5. 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.
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No changes shall be made to the construction schedule without the prior written apprc
of the Engineer. Any progress payments made after the scheduled completion date SI
not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflic
utilities shall be requirements prior to commencement of work by the Contractor.
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T 6-7 TIME OF COMPLE~ON
The Contractor shall begin work within calendar days after receipt of the "Nc
to Proceed" and shall diligently prosecute the work to completion within
consecutive 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 Engineer. This written permission must be obtained at least 48 hours prior to I
work. The Contractor shall pay the inspection costs of such work.
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6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Comple
and any faulty work or materials discovered during the guarantee period shall be rep;
or replaced by the Contractor, at his expense.
6-9 LIOUIDATED DAMAGES 8 Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $ pe 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 w
of this paragraph or of any damages.
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7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-\
grading, and building permits necessary to perform work for this contract on City propf
in streets, highways (except State highway right-of-way), railways or other rights-of-\
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working d
at the City's request.
Add the following to Section 7-8:
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I. 7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with muff
in good repair when in use on the project with special attention to City Noise Con
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. I 7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the WI
and shall comply with all applicable provisions of Federal, State and Municipal safety la
and building codes to prevent accidents or injury to persons on, about, or adjacent to
premises where the work is being performed. He/she shall erect and properly maintair
all time, as required by the conditions and progress of the work, all necessary safegua
for the protection of workers and public, and shall use danger signs warning agai
hazards created by such features of construction as protruding nails, hoists, well holes, i
falling materials.
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7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation
Grading.
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 establi:
pursuant to Section 1601 of the Fish and Game Code shall become conditions of
contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
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9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in am1 b of retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to per
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 surveying service within appropriate items of proposal. No separate payment I 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, hea
sewers, storm drains, and structures (4 comers min.). Rough grade as required to si
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 crow
base grade of streets as required by Engineer.
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Contractor shall protect in place or replace all obliterated survey monuments as per Sec
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to cornmen(
construction of surveyed item.
11 WATFR FOR CONSTRUCXION
The Contractor shall obtain a construction meter for water utilized during the construc
under this contract. The Contractor shall contact the appropriate water agency
requirements. The contractor shall include the cost of water and meter rental wi
appropriate items of the proposal. No separate payment will be made.
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II. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCI'ION
FOR CONSTRUCTION MATERIALS
(NOTE TO PROJECT MANAGER: These supplemental provisions for materials and v
comprise the technical or detail specifications and must be tailored to each project u
the design engineer's experience and judgment. The Standard Special Provisions by
Regional Standards Committee is a good reference.)
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200-2 UNTREATED BASE MATERIAL
Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slag
(Section 200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-1 PORTLAND CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Modify Section 201-1.2.1, Portland Cement, as follows:
First paragraph, first sentence amend to read: "All cement to be used or furnished 1
be low alkali and shall be either Type I or Type 11 Portland Cement conforming to A,
C 150, or Type IP (MS) Portland Pozzolan Cement conforming to ASTM C 595, uf
otherwise specified."
Modify Section 201-1.2.3, Water, as follows:
Second paragraph replace "1,000 ppm (rng/L) of sulfates" with "1,300 (mg/L) ppi
sulfates."
Third paragraph replace "800 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of sulfa
(b) Air-entraining Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is all0
The air content of freshly mixed concrete will be determined California Test Method I 504."
Modify Section 201-1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:"
delete table.
Modify Section 201 -1.4.3, Transit Mixers, as follows:
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1 Add after listing of information for weighmaster's certificate: "Transit mixed concrete
be certified by mix design number, provided a copy of the mix proportions are kept on
at the plant location for a period of 4 years after the use of the mix."
201-2 SIXEL REINFORCEMENT FOR CONCRETE
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203-6 and 4004 ASPHALT CONCRETE
Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type 111 C3-AR 4000.
Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete "and from the Engineer's field laboratory."
Last paragraph, add after D 2172: "method A or B."
Modify Section 203-6.8, Miscellaneous Requirements, as follows:
Add the following: "Open graded asphalt concrete stored in excess of 2 hours, and
other asphalt concrete stored in excess of 18 hours, shall not be used in the work."
Modify Section 400-4.1, General, as follows:
Second paragraph, amend to read: "Unless otherwise specified, AR-4000 paving g
asphalt shall be used for Type 111 asphaltic concrete, and AR-8000 paving grade asp
shall be used for asphalt concrete dikes."
Modify Section 400-4.2.4, Fine Aggregate, as follows:
Add: "The total amount of material passing the No. 200 sieve shall be determine(
washing the material through the sieve with water. No less than 1/2 of the matc
passing the No. 200 sieve by washing shall pass the No. 200 sieve by dry sieving."
Add the following paragraph: "Fine aggregate shall be tested for soundness in accord;
with ASTM D-1073, and shall not exceed Ween percent (15%) loss by weight."
Mow Section 400-4.3, Combined Aggregates, as follows:
First paragraph, add: "ASTM D2419 Test Method may be alternated for Test Method
Calif. 217."
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SIEVE INDMDUAL MOVING INDMDUAL MOVING
SIZES TEST RESULT AVERAGE TEST RESULT AVERAGE
100 100 100
90-1 00 90-1 00 95-100
80-90 85-100 85-95
65-80 60-75 60-84
40-55 40-60 45 -60
2740 24-50 30-45
12-22 11 -29 15-25
3-6 1-9 3-7
1" (25 m) 100
1/2" (13 mm) 75-95
3/4" (19 mm) 87-100
3/8" (10 m) 50-80
No. 4 30-60
No. 8 22-44
No. 30 8-26
No. 22 1-8
Asphalt % 4.6-6.0 4.6-6.0
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After the last paragraph, add the following:
The aggregated from each separate bin for asphalt concrete, Type 111, except for the
containing the fine material shall have a Cleanness Value as noted in the added "Tab1
Sand Equivalent and Cleanness Values" and as determined by Test Method No. Calif. 2
modified as follows:
Tests will be performed on the material retained on the No. 8 sieve from each bind
will not be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loadin
the entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch diamf
No. 8 sieve.
Where a coarse aggregate bind contains material which will pass the maximum
specified and be retained on a 3/8 inch sieve, the test specimen weight and voluml
wash water specified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after disch
from each bin of the batching plant or immediately prior to mixing with asphalt in the (
of continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately compi
and reported.
Modify Section 400-4.4, Storing, Drying and Screening Aggregates, as follows:
After fifth paragraph, add: !When the Contractor adds supplemental fine aggregate, e
such supplemental fine aggregate used shall be stored separately and kept thoroughly
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I construction grade Douglas Fir.
Header for bituminous pavement shall be construction grade Redwood, or trei
204-2 TREATMENT WITH PRESERVATIVES
No change.
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207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required under Paragraph 3,207-2.1, is wai
210-1 PAINT
Paint for striping shall be white.
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IJI. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CON!?IRUCTION FOR CONSTRUCI'ION METHODS
300-2 UNCLASSIFIED EXCAVATION r.
Excavation of material in the 30' x 24' area of the parking lot entrance is required
enable the entrance to properly connect the parking lot to the existing parking facilitie5
the building with a 6'' section of aggregate base and asphalt concrete. Payment for
excavation will be per the lump sum price bid for excavation. I
301-1 SUBGRADE PREPARATION
Contractor will protect the existing D.G. in place except where necessary to excavate in
entrance area. Scarifying and cultivating is therefore not required for this contract.
301-2 UNTREATED BASE 1 No change.
302-5 ASPHALT CONCRETE PAVEMENT
A prime coat is not required for this contract.
Modify Section 302-5.1, General, as follows:
Paragraph 1, replace "Section 203-6" with "Section 400-4."
Last paragraph, add: "All testing of underground installations at any given point shal
completed before the surfacing is placed at that point."
Modify Section 302-5.2, Prime Coat, as follows:
After "grade Sc-250' add "or MC 70."
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
Modify Section 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
'Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engh
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After last paragraph, add:
breakdown rolling shall be followed by a pneumatic-tired roller as described in
Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price bid
asphalt concrete.
"Unless directed by otherwise the Eng-heer, the ini I
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303-2 AIR-PLACE CONCRETE
No changes.
306-1 OPEN TRENCH OPEXATIONS
18" RCP shall have a minimum cover of one (1) foot below finished grade. Bedding r
be aggregate base per these specifications.
Compaction shall be a minimum of 90% density and backfill shall be mechanic<
compacted.
310-5 PAJ"G VARIOUS SURFACXS
Modify Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and C Markings, as follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid docume!
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I IV. SUPPLEMENTAL PROVISIONS FOR
CONSTRUCTION MATERIALS
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1 V. SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION METHODS
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.
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 schedule.
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.
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VI. SPECIFICATIONS FOR 1990-91 STREETS OVERLAY PROGRAM
1. The work to be done consists of furnishing all labor, equipment and materials
performing all operations necessary to complete the overlay work on the street
specified herein.
Traffic control measures including street closures, detours and barricades will b
required in item 15B, Permits, of the Special Provisions, and in accordance with
approved traffic control plan.
The Contractor shall not close any street within the City of Carlsbad without
obtaining the approval of the Utilities and Maintenance Director.
The Contractor shall provide and install barricades, delineator warning devices,
construction signs in accordance with the latest edition and revision of the Sta
California, Department of Transportation Traffic Manual, Manual of Traffic Con
for Construction and Maintenance Work Zones. During adverse weather or unx
traffic or working conditions additional traffic control devices shall be place
directed by the Utilities and Maintenance Director. All traffic signs and devices :
conform to the current State of California, Department of Transportation, Ma
of Warning Signs. Lights, and Devices for Use in Performance of Work I
Hinhwavs, - unless otherwise approved by the Utilities and Maintenance Direct
The Contractor shall provide and maintain 48-inch high reflectorized cones a
feet on center with ribbon along walkways of high pedestrian use, as designate
the Inspector.
During paving operations, barricades may be supplemented with minimum si2
inch high traffic cones and delineators; such that spacing between barricades ar
cones or delineators is no greater than 25 feet. At all access points SUC
intersecting streets, alleys and driveways, barricades and/or cones shall be pro7
at five-foot intervals so as to prevent vehicular access to the paving area. VI
access from an intersecting street is prohibited, a "Road Closed" sign sha
provided wherever required by the Utilities and Maintenance Director.
Should the Contractor fail to furnish a sufficient number of traffic and/or pedes
safety devices, the Utilities and Maintenance Director or his representative will ;
such necessary items and the Contractor shall be liable to the City for prov
such devices in accordance with the following provisions:
a.
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For placing barricades - $5.00 per barricade for the first day or anj
thereof and $2.00 per barricade per day for each day thereafter or anj
thereof.
For flashers - $2.50 per flasher for the first day or any part thereo
$1.00 per flasher per day for each day thereafter or any part thereof.
b.
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For traffic cones - $1.00 per cone for each day or any part thereof.
In the event that the services of the City are required between the how
5:OO pm and 6:30 am, during the normal week or any time on Satur
Sunday, or a City holiday, there shall be an additional charge of $26.0(
each service trip required.
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8. Judgment as to adequate or sufficient barricading shall be that which is adeq
or sufficient in the opinion of the Utilities and Maintenance Director.
The Contractor shall relocate, preserve and maintain the visibility of all exi:
signs within the project limits which affect the flow of traffic, as directed by
Utilities and Maintenance Director or his representative. Any signs which
damaged or removed by the Contractor during the course of construction sha
replaced by the Contractor at the Contractor's expense as directed by the Uti1
9.
I and Maintenance Director.
10. The Contractor shall insure that sole access routes to the business and residc
along the streets to be resurfaced shall be maintained unless otherwise approvt
the Utilities and Maintenance Director, and adequate notification given tc
affected property owner.
All costs related to the installation, maintenance and removal of traffic provii
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 therefor.
The Contractor shall coordinate his schedule so as not to interfere with local
11.
12. II collection.
13. The Contractor shall maintain a minimum of one lane of traffic in each directii
all times during construction hours of 7:OO am to dusk. On Saturday, Sundaj
designated legal holidays, and when construction operations are not active
progress on working days, the Contractor shall maintain all travel lanes o
roadway. Any deviations of these requirements shall be approved by the Uti
and Maintenance Director.
Asphalt concrete shall be Type C2-AR 4000, C3-AR 4000 or Type I11 C3-AR
and shall conform to the requirements of sections 203 and 302 of the SSPWC
sections where feathering is required, the Contractor may, at the direction (
Utilities and Maintenance Director, use Type 1 -E-AR-4000.
14.
15. All asphalt concrete material shall be deposited and spread on the prepared SI
by means of an approved self-propelled mechanical spreading device. Use
motor grader for spreading shall not be permitted. 1
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16. All surfaces to be resurfaced shall be swept and cleaned by the Contractor no mi
than 24 hours prior to the paving operation.
The Contractor shall be responsible for the removal of existing raised paveml
markers in the work areas. Full compensation shall be considered as included in
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 ratc
0.12 gallons per square yard.
Asphalt concrete material shall be overlaid to a minimum depth as specified exc
where it is to be feathered at the roadway edges.
The Contractor shall pave over the tops of all sewer and storm drain access h
and meter box covers. Covers shall be treated to prevent adhesion of the asp
concrete. The Contractor shall notify Underground Service Alert far enougl
advance of the work to allow marking the location of utilities.
All utility structures and covers shall be adjusted to grade by the respective uti
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 compensa
for all labor, equipment and materials and all things necessary to complete the 1
as specified in these specifications, and no additional payment will be n
therefor.
Payment for contract services will be made only when all labor and mat
releases from supplier and employees are received by the Utilities and Mainten.
Director.
All cold joints left overnight or for long periods of time will be cut at a 45 de
angle and tacked fully to ensure a proper bond and to minimize seam separa
A cold planing header cut operation shall be used. The temperature at whicl
work is performed, the nature and condition of equipment, and the mannc
performing the work shall be such that the pavement is not torn, gouged, shr
broken or otherwise damaged by the planing operation.
The cold planing operation shall consist of preparing a foundation for the place
of surfacing course by the removal of excess bituminous material to the satisfa
of the Engineer. Contractor shall provide all necessary labor, materials,
equipment to immediately load the bituminous material into dump truck
hauling to the contractor's disposal site. No loose material shall remain on the
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23.
24.
25.
26.
10/3/9C
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27. The Contractor shall construct a minimum 5' wide cold plane header CI
designated locations where the proposed overlay joins to existing AC and alon;
curb line except where indicated otherwise. The depth of the cut shall be as sf
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 Director of Utilities and Maintenance, and the loosened mat
shall be removed 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 1i
materials, equipment, and tools necessary to perform the planing operations an
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 minimum 60" width with carbide tip cutting teeth placed in var
lacing pattern to produce the desired finish; the machine shall be capable of 1
operated at speeds from 0 to 150 FPM; it shall be self-propelled and haw
capability of spraying water at the cutting drum to minimize dust. The ma(
shall be capable of removing the material next to the gutter of the pavement E
reconditioned and so designed that the operator thereof can at all times observ
planing operation without leaving the controls. The machine shall be adjustat
to slope and depth, and capable of removing, in one pass, a layer of bit&
material five feet in width and two inches in depth. The equipment shall also
an effective means for removing excess material from the surface and for prevei
any dust resulting from the operation from escaping into the air.
The Contractor shall provide and install Petro Mat in areas designated for its u
the Utilities and Maintenance Director or his representative. Dusting over the 1
Mat (AC) may be required to prevent bleed-through, at the discretion of the Uti
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30.
31.
1 and Maintenance Director.
32. 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 necessa
complete the installation of Petro Mat shall be considered included in the bid
and no additional payment will be made.
The Contractor will provide and install "Tow Away No Parking" construction 5
#TC-R 30-S, for use in posting streets in advance of the work. Signs shall be p
at least 48 hours prior to commencement of work. Signs shall be posted at inte
of not more than 100 feet on both sides of the block affected by the work.
33.
34.
10/3/90
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35. Tow away of any vehicles in violation of the "NO Parking" signs will be handec
the Carlsbad Police Department. The City assumes no liability in connection 7
movement 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 closu
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 placen
of "NO Parking" signs. The Contractor shall be required to insert dates
estimated times of closing and reopening streets to local traffic.
Payment for the placement of the "NO Parking" signs and notices shall be considl
included in the bid price paid for asphalt concrete and no additional payment
36.
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38. I be made thereof.
39. Night paving and night header grinding operations shall take place between
hours of 6:OO pm and 6:OO am or at other times specified by the Utilities
Maintenance Director.
Additional lighting for night paving and night header grinding operations sha
supplied by the Contractor and included in the bid price for night paving and r
header grinding respectively. Judgment as to adequacy or sufficiency of ligf
will be the opinion of the Utilities and Maintenance Director.
The Contractor shall adjust designated sewer, manhole covers and monuments,
sewer dead ends to finish grade. All manholes shall be thoroughly cleaned of
construction debris which may have entered due to the Contractor's operations.
contract unit price paid for these items shall include full compensation
furnishing all labor, tools, equipment and incidentals necessary to complete t
items in place, and no additional compensation will be allowed therefor.
The Contractor shall adjust designated water valves to finish grade. All v
valves adjusted shall be billed for payment directly to Carlsbad Municipal V
District, 5960 El Carnho Real, Carlsbad, CA 92008.
40.
41.
42.
10/3/90 t
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e
t VII. STREETLISI'ING
I
1990-91 SIREETS OVERLAY PROGRAM
RANCHO SANTA FE: Olivenhain Road to South City Limits u 1- 101,988 sq. ft. (2" overlay/NO Petro) 1,225 tons
2. AVENIDA ENCINAS: Palomar Airport Road to South End
81,294 sq. ft. (2" overlay w/Petro) 730 tons
6,836 sq, yds.
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3. ESTANCIA SIREET: Levante to Segovia Way
35,668 sq. ft. (2" overlay w/header grind) 428 tons
1.805 h.g.
Levante to Estancia Street
(2" overlay w/Petro and header grind) 1,694 tons
AC 10,320 sq. yds. Petro-5908 1n.ft.h.g.
SEGOVIA WAY
141,170 sq. ft.
5. SEGOVIA COURT Segovia Way to End
8,100 sq. ft. (2" overlay w/header grind) 100 tons AC
282 In. ft. h.g.
6. LOS PINOS CIRCLE: Olivenhain Road to La Macarena
106,836 sq. ft. (2' overlay w/header grind) 1,282 tons
7,387 In. ft. h.g.
Los Pinos Circle to Olivenhain Road
(2" overlay w/header grind) 827 tons
4,236 ln.ft. h.g.
AMARGOSA DRIVE:
68,932 sq. ft.
8. JANIS WAY: Donna Drive to Bedford Circle
18,240 sq. ft. (2'' overlay w/Petro) 164 tons I 1,583 sq. yds. Petro
HARDING SIIWET:
21,200 sq. ft. (2" overlay w/Petro) 191 tons
Grand Avenue to Carlsbad Village Dr.
1,111 sq. yds Petro
10. DONNA DRIVE: Chestnut to 3561 Donna Drive
13,200 sq. ft. (2" overlay) 118 tons
10/3/90 Re t
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VIII. SPEClFICATIONS FOR
TRAFFICSTRIPESANDPAVEMENTMARKINGS
FOR 1990-91 STRE%TS OVERLAY PROGRAM
1. Standard Specifications referred to in these Specifications refer to the cur
edition of CALTRANS Standard Specifications and any changes thereto.
Painting traffic stripes (traffic lines) and pavement markings (legend) s
conform to Section 84-1, "General", and Section 84-3, "Painted Traffic Stripes
Pavement Markings", of the Standard Specifications and these Specification:
Control of alignment and layout shall be the responsibility of the Contractor
subject to approval by the City Traffic Engineer. Layout for striping and
symbol of the pavement marking (legend) on resurfaced roads shall be basec
plans to be supplied by the Utilities and Maintenance Director at
Preconstruction Meeting.
Section 84-3.02, "Materials", of the Standard Specifications is amended to r
Paint for traffic stripes and pavement markings shall conform to the folloi
State Specifications:
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3.
4.
c Paint: Rapid Dry Water Borne - White and Yellow
State SDecification
Number: 8010-61G-30
5.
6.
Glass beads shall conform to State Specification Number 8010-515-22 (Type
Copies of State Specifications for traffic paint and glass beads may be obta from the Transportation Laboratory, P. 0. Box 19128, Sacramento, CA 95, I Phone (916) 739-2400.
7.
8.
9.
The use of solvent borne paint shall be prohibited.
Thinning of paint will not be allowed.
Paint shall be tested prior to use or the manufacturer shall provide the Engi
with a Certificate of Compliance in accordance with the provisions of Sec
6-1.07, "Certificates of Compliance", of the Standard Specifications.
certificate shall certify that the paint complies with the specifications and
paint manufactured to the same formulation and process has previously pa
State testing. A list of manufacturers that have produced paint meeting :
specifications is available from the Transportation Laboratory. (Material sup]
by manufacturers other than those that have manufactured approved paint I require complete testing.)
10/3/90 t
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10. The first coat of paint for traffic striping and pavement markings shall be app
after the seal coat is applied. The second coat shall be completed no later t
4:OO pm the following day.
The Contractor will not be required to paint the three-inch wide black st
between the two four-inch yellow stripes of a double traffic stripe.
The Contractor shall be responsible for maintaining safe traffic operation tho
the work area.
11.
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10/3/90 Ri t
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Y
October 2, 1992
Daley Corporation
2400 Murphy Canyon Rd.
San Diego, CA 92123
1
Re: Bond Release - Contract #U/M 91-2 - 1990-91 Street Overlay
Per instructions from our Utilities/Maintenance Department, we are hereby releasing thl
following bonds for the above-referenced project:
Faithful Performance Bond No. 11119187430
The American Insurance Company
Remaining 25% - $61,625.00 (Warranty)
Labor & Materials Bond No. 11119187430
The American Insurance Company
$123,250.00
The bonds are enclosed so that you can return them to your surety.
d*& Assistant City Clerk
Encs.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28Ot
-VV@TE IT- DON'T SAY I* .
f
Date July 20 -
TO Ralph Anderson, U/M Director a Reply Wanted
From Kareo Kundtz, Assistant City Clerk UNO Reply Necessary
Re: Bond Release - Contract # U/M 91-2 - Daley Corporation - 1990-91 Street
Remaining
Our records indicate that the Warranty (25% Performance) bond for the
above-referenced subdivisionlproject is eligible for release. We need
your written authorization/approval for release.
the status, and if release is 0.k.
Please let me know
Performance Bond No 11119187430
Remaining $61,625.00
Also, the Labor SC Materials Bond
in the amount of $123,250.00 is
eligible for release.
Thanks, The American Ins. Co.
P P1
5-
AIGNER FORM NO 55-032
t
'U
-W@TE IT- DON’T SAY l;Y
Date July 20 -
To Ralph Anderson, U/M Director a Reply Wanted
From Karen Kundtz, Assistant City Clerk UNO Reply Necessary
Re: Bond I{elease - Contract # U/M 91-2 - Daley Corporation - 1990-91 Street
Remaining
Our records Indicate that the Warranty (25% Performance) bond for the
above-referenced subdivislon/project is eligible for release. We need
your written authorization/approval for release. Please let me know
the status, and if release is 0.k.
Performance Bond No 11119187430
Remaining $61,625.00
Also, the Labor & Materials Bond
in the amount of $123,250.00 is
eligible for release.
Thanks, The American Ins. Co.
PI
Y-
AIGNER FORM NO 55.032
I
O!
Date $?LC
W"Y1 I tz II I - UUlV li SHY e
To k- 2$$/ & a Reply Wanted
From Karen Kuudtz, Assistant City Clerk UNO Reply Necessary
Re: Uond Release - u * +A w-2 +*
Our records indicate that the
above-referenced subdivision/project is eligible for release. We need
your written authorization/approval for release. Please let me know
the status, and if release is 0.k.
;7h.cEu-4J bond for the
Thanks, +ad /$., Y-
AIGNER FORM NO 55032
I
of Carlsbac
July 19, 1991
Daley Corporation
2400 Murphy Canyon Rd.
San Diego, CA 92123
Re: Bond Release - Contract No. U/M 91-2- 1990-91 Streets Overlay Program
The Notice of Completion for the above-referenced project has recorded. Therefor
instructions from our Utilities/Maintenance Department we are *releasing 75% (
Performance Bond. Please consider this letter as your notification that $184,875 (
American Insurance Co. Performance Bond No. 11119187430 is hereby released. V
required to retain the remaining 25% for a period of one year. At that time, if no 1
have been filed, it will be released.
The Labor and Materials Bond in the amount of $123,250 will be eligible for rele:
months from the date of recordation of the Notice of Completion, on December 24,
A copy of the recorded Notice of Completion is enclosed for your records.
Assistant City Clerk
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-
.r CITY OF CARLSBAD @
When recorded mai 1 to:
City Clerk City of Carlsbad
1200 Elm Avenue Carlsbad, CA 92008
N; 1 -3!J!+--89!?1 1
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FEES :
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June 7, 1991
Annette J. Evans
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following described document:
Notice of Completion
Daley Corporation
U/M 91-2
Our staff has determined that the recordation of this document is of benefit to the C
therefore it is requested that the fees be waived.
Thank you for your assistance in this matter.
&(LZz&rn
LINDA COTA
Secretary
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989, - (61 9) 434-2
e ,* CITY OF CARLSBAD 0
When recorded mail to:
City Clerk City of Carl sbad 1200 Elm Avenue Carlsbad, CA 92008
&
__ NOTICE OF COMPLETION
Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a munic corporation. 3. The full address of the undersigned is 1200 Elm Avenue, drls California, 92008.
4. The nature of the title of the undersigned is: 5. A work of improvement on the property hereinafter described was comp’
6. The name of the contractor, if any, for such work of improvement is
7. The property on which said work of improvement was completed is in the
of Carlsbad, County of San Diego, State of California, and is descl
In fee.
on April 17, 1991
Daley Corporation
as fo~lows: Locatlons specified per Contract No. U/M 91-2
8. The street address of said property is
h
Utilities & Maintenance Director
. VERIFICATION OF CITY CLERK
I, the undersigned say:
. I am the City Clerk of the City of Carlsbad, 1200 Elm Avenue, Carl
accepted the above described work as completed and ordered that a Noti Completion be filed.
I declare under penalty of perjury that the foregoing is true and cor
Executed on June 5, 1991 , 1x11 at Carlsbad, Califc
CA 92008; the City Council of said City on June 4, 71
CITY OF CARLSBAD
LL.&.2AWL# && Aletha L. Rautenkranz, City Cle KAREN R. KUNDTZ, Assistant City
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DC EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE
COMPANIES AFFORDING COVERAGE >2n ’1Ts,:c# 5- .iil l-i2il ,,
I I
1 CODE SUB-CODE
I INSURED
I
COMPANY LETTER c ,,Lay ’1 z C3r;>r:-!-i;m
ern”. Q3X 2 ;Y.:-lL
5317 ._ f-1<0 LYI .I 8‘
4 ;-, - I z -j ,i ::-”I ‘I
~
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS u DATE (MMIDDIYY) DATE (MMIDDNY) 1 LTR
-T GENERAL AGGREGATE RAL LIABILITY Li
PRODUCTSCOMPIOPS AGGREC
PERSONAL &ADVERTISING INJ
EACHOCCURRENCE
FIRE DAMAGE (Any one fire)
MEDICAL EXPENSE (Any one pe
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE ;. OCCUR 2y
OWNERS &CONTRACTOR’S PROT. .: ’1%
I I
, AUTOMOBILE LIABILITY
;f ANYAUTO LIMIT <
I BODILY
INJURY $ ALL OWNED AUTOS
SCHEDULED AUTOS (Per person)
I1
I HIRED AUTOS i :: -; 31 r ,? -23 .L >> BODILY
I
INJURY $ (Per accident)
GARAGE LIABILITY
EXCESS LIABILITY OCCURRENCE
Y
I OTHER THAN UMBRELLA FORM
.: J WORKER’S COMPENSATION
AND
EMPLOYERS’ LIABILITY
I9
OTHER
I 1
NOTICE SHALL IMPOSE N
MPANY, ITS AGENTS OR R
A- 0 0
NAMED INSURED: DALEY CORPORATION 5/3/91 BJD
POLICY NUMBER: 7700738 COMMERCIAL GENERAL LIA
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREF
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
CITY OF CARLSBAD RE: 1990-91 STREETS
PURCHASING DEPT. OVERLAY PROGRAM
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
CONTRACT #U/M 91-2
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
CG 20 10 11 85
e e c; ., c
PRIMARY INSURANCE ENDORSEMENT
It is agreed that such insurance as is afforded by this PC
for the benefit of City of Carlsbad shall be primary as re any claim, loss or liability arising out of the subcontrac operations or by its independent contractors and any other insurance maintained by City of Carlsbad shall be excess ; non-contributory with the insurance provided hereunder.
To be attached to policy #7700738 for Daley Corporation
Date: 5/3/91
Carrier Name: AI Surplus Lines, Inc. && -----------------
AUTHORIZED REPRESENTATIVE