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Home My WebLink AboutDon Hubbard Contracting Company; 1991-01-24; 3224P t c )E * - SI City of - Carlsbad 0 D-0- November 21, 1990 ADDENDUM NO. 1 BID/PROJECT NO. 3224 - James Drive Storm Drain Please include the attached addendum in the Notice to Bidders/Request for Bids you hav for the above project. This addendum-receipt acknowledged--must be attached to your Proposal Form/Bid whe your bid is submitted. +Zdkx~~ RUTH FLETCHER Purchasing OfXcer a RF:af Attachment t ACKNOWLEIIGE RECEIPT OF ADDENDUM NO. 1 m * 1200 Carlsbad Village Drive - Carlsbad. California 92008-1 989 - (619) 434-28C * - L 1 ADDENDUM NO. 1 e DATE: 1 1 /21/90 PROJECT: JAMES DRIVE STORM DRAIN PROJECT NO.: 3224 BID OPENING DATE: 12/07/90 The following revisions have been made to the above project: 1. On Page 2, Line 3, of the contract specifications: Change Engineer’s Estimate from $750,000 to $51 5,000 2. On Page 41 of contract specifications in Section 6-9, second line, under Liquidatt Damages: Insert sum of $300 per day 0 3. On Page 6 of the contract specifications, add the following bid items: 26 Remove sewer manhole 1 ea. 27 Sewer manhole at 2 ea. 28 8VCP sewer 400 L.F. For the construction of items 26-28 refer to Page 47, Section 4. Existir Sewerline 4. On Page 5 of the Bid Proposal, change chain link fence length from 500 L.F. -- loo L.F. p gg- PAT ENTEWRl Project Manager (61 9) 438-1 161, x4385 PE:jkb e 1 E 1 I 1 I E . P B 1 I E I 1 I I’ TABLE OF CONTENTS Item Pane NOTICE INVITING BIDS ........................................... 1 CONTRACTOR’SPROPOSAL 4 BIDDER’S BOND TO ACCOMPANY PROPOSAL 12 r ........................................ .......................... DESIGNATION iOF SUBCONTRACTORS ............................... 14 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .................. 1f BIDDER’S STATEMENT OF TECHNICAL, ABILITY AND EXPERIENCE 1 i .......... NON-C0LLUSIC)N AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1€ .............................. CONTRACT PUBLIC WORKS ...................................... 15 LABOR AND MATERIALS BOND .................................... 27 PERFORMANCEBOND.. 25 ......................................... b ESCROW AGRElEMENT FOR SURETY DEPOSITS IN LJEU OF RETENTION ................................. 3 RELEASEFORM 3 ............................................... SPECIAL PROVISIONS SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION .............................. 3 SUPPLEMENTAL TECHNICAL SPECIFICATIONS 4 ......................... 10/3/90 Rr P I K'l QTY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 12O( Carlsbad Village Drive (formally Elm Avenue), Carlsbad, California, until 4:OO P.M. on thf 7th day of December, 1990, at which time they will be opened and read, for performin: the work as follows: I t I I 1 c I 4 f I I 1 I CONTRACT NO. 3224 E JAMES DRIVE STORM DRAIN The work shall be performed in strict conformity with the specifications as approved by th City Council of the City of Carlsbad on file with the Municipal Projects Department. Th specifications for the work shall consist of the latest edition of the Standard Specification of Public Works Construction, hereinafter designated as SSPWC, as issued by the Souther Chapters of the American Public Works Association. Reference is hereby made to th specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-ownel businesses. No bid will be received unless it is made on a proposal form furnished by the Purchasin Department. Each bid must be accompanied by security in a form and amount require by law. The bidder's security of the second and third next lowest responsive bidders ma be withheld until the Contract has been fully executed. The security submitted by all othc unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aftt the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectic 22300), appropriate securities may be substituted for any obligation required by this notic or for any monies withheld by the City to ensure performance under this Contract. Sectic 22300 of the Public Contract Code requires monies or securities to be deposited with tk City or a state lor federally chartered bank in California as the escrow agent. The documents which must be completed, properly executed, and notarized are: b E 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 10/3/90 Re r I 1 c I 1 1 E I. 1 a t D E P All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitie are approximate and serve solely as a basis for the comparison of bids. The Engineer Estimate is $%8;888. S-t3-dOc. B 0 No bid shall be accepted from a contractor who is not licensed in accordance with th provisions of California state law. The contractor shall state their license numbei expiration date and classification in the proposal, under penalty of perjury, pursuant t Business and Professions Code Section 7028.15. The following classifications ar acceptable for tllis contract: A, or a combination of C-8, C-12, C-13, C-27, C-29, C-32. an C-42 in accordamce with the provisions of state law. If the Contracior intends to utilize the escrow agreement included in the contra( documents in lieu of the usual 10% retention from each payment, these documents mu! be completed and submitted with the signed contract. The escrow agreement may not E substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at th Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue Carlsbad, California, for a non-refundable fee of $10.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minc irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute tf. Contract shall be those as determined by the Director of Industrial Relations pursuant t the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 ( the Labor Code, a current copy of applicable wage rates is on file in the Office of tl- Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay le! than the said specified prevailing rates of wages to all workers employed by him or her j the execution clf the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions ( Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Cod1 "Subletting and Subcontracting Fair Practices Act." The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 172 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, i indicated in this proposal, times the unit price as submitted by the bidder. In case of discrepancy between words and figures, the words shall prevail. In case of an error in tl extension of a unit price, the corrected extension shall be calculated and the bids will 1 computed as indicated above and compared on the basis of the corrected totals. F E E 1 10/3/90 Re 1 1 I 0 I 4 1 1 I 1. 9$A R T I I 1 1 P I All prices must be in ink or typewritten. Changes or corrections may be crossed out an( typed or written in with ink and must be initialed in ink by a person authorized to sign fo the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prio to bidding. Su'bmission of bids without acknowledgment of addenda may be cause o rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and material suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%) respectively, of the Contract price will be required for work on this project. These bond shall be kept in full force and effect during the course of this project, and shall extend ii full force and effect and be retained by the City for a period of one (1) year from the dati of formal accepitance of the project by the City. The Contractor shall be required to maintain insurance as specified in the Contract. An 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. 90-362, adopted on the 2nd day of October, 1990. f . , e& &ha L. &&& , City Clerk Date a 10/3/90 Re 4 I I 1 1 1 E c E II I 8 I I II 8. I CITY OF CARLSBAD CONTRACX NO. 3224 CONTRACXOR'S PROPOSAL f City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read thc Notice Inviting B,ids, examined the Plans and Specifications, and hereby proposes to furnisf all labor, materials, equipment, transportation, and services required to do all the work tc complete Contract No. 3224 in accordance with the Plans and Specifications of the City o Carlsbad, and the Special Provisions and that he/she will take in full payment therefor tht following unit prices for each item complete, to wit: I Item Description with Approximate Item Unit F'rice or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total Cleari.9 and rubbi g at Dollais per Lump Sum cisified Excav. at F, Dol ars per Cubic Yard -&9 &--e LS 3 dd"OO.dQ 3$.5-00 E.r v- + 50 /,Bo 550 CY 8.5-0 q6 7.5- /Lda I76uO' so. 00 I800 2 3 Unclassified Fill at 43eauRh, 1600 CY Dollars per Cubic Yard 4 18" Dia D-1350 RCP at -afi 20 LF Dollaird pbr Linear Foot 24" D-i . -1350 RCP at *%p--- Doll ifs p r Linear Foot 6 .Y$Qo SY-0 L "2dQ nP36 10 LF 5 6 -1350 RCP at 388 LF r Linear Foot 10/3/90 Re7 I I I I, I I I b t a I 8 It CI P I Item Description with Approximate Item Unit Price or Lump Sum Quantity unit No. Price Written in Words and Unit Price Total 600 LF 83.0'3 YPBOC 82 .a0 AbYD4 92. e30 f7 8 322 LF 54" Di D 1350 RCP at ,&-btk% -h 1140 LF Concrlete Collar fo 1811 R.CP at Fw *%ch 9 t Dollars per Linear Foot 1 EA yp0.00 YBO.' * 10 11 Concrete Collar for a 1 EA SVL!dd \ cyz3, L Dolla 12 Chain Link Fence per 0 36.0 Z, .??boo. 4) 8-0 //DO 220 LF z/ 80 10 5%- 360 2200. t S.D. -5, M-6 at 10 0 Th: & -566-LF Dollar per Lineal Foot Gutter at f-w Dollars per Lineal Foot ThP $- 60/(*0 750 SF Dollars per Square Foot 13 6" Type tlGtl Curb and 14 4" P.C.C. Sidewalk at 15 8' Type ltBrl Curb 2 EA (,??dg.oo 5-Bo51 c Inlet at Dollar$ Each 16 18' Type tlBtl Curb T;luecL%m 4JOO.dO 4J0 0-O 1 EA 4?00.00 coo. Inlet a w; ku-s L-d4ba& 1 EA s Doll$rs Each 17 ype rtB1l Curb 10/3/90 Re s P 1 P E e P 1 I I I Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price Written in Wore and Unit Price Total c- 18 Type oAgl Storm Drain 5 EA 3wc3,c70 /7000* 2. B?s,, L437S' 9 5 EA I, 74 3 20 5" A.C. + 6" A.B. Fi 77- 80//0(^) 1050 SF 5, s"0 $0 ?b. Trench Resurfacing at Dollars per Square Foot 21 3" A.C. + 6" A.B. Pavement at Dollars per Square Foot 22 Demolition and Removal, FA gc 3°/,60 1000 SF s, 30 5-30 0" Misc. tructure at Dollars per Lump Sum LS 3&3os,ao 36000. b7T4 6' x -- 6' Rip-Rap Field Complete, In Place, Including Perforated 10 EA IlOO.00 Ifooo. 1 EA iC/~S.Od /PdO. P700.0* 8 z90 Dollars per Lump Sum 24 Dollars Each 10/3/90 Re I 8 I I I a B I 4 II 1 t (i4.?f%kl 1376. I 9 I 10 1 P @ ADDITIVE BID ALTERNATIVE (Conflicting Waterline Relocation) Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total 1 12" A.C.P. CL 150 t ~8~5-0 2 / 82,s an Apppr nance at Dol!larsdper Linear Foot M.L.M.C. (Mud Lined Mud Coated) W/Welded Joints and Thrust Walls Dollarsf per Linear Foot F&mB 4- 3--6//ao 45 LF 2 12" Steel 10 Guage I$& --Lzse- 92Xj ~~OO,, cCvd20 GT/S,l I15b5:od J3/19,( 3V$m 688.0 50 LF 3 4 5 6 1 EA 29ShQ 7 257s c 7 7BF.00 788. ?J c. 0 0 /BSO, E 8 2% 0. o 0 580 0. 10/3/90 Re 1 I I 0 12 I 8 I 4 I 5 E 1 I 1 P. I 4 Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total 11 !vxl.o 0 &! P00.d EA / 8?.00 7.5-6.c c 13 Temporary High Line Includes 2If Tap for Connection, 2" and 1" P.V.C. and W/S LS ";/so 0.8 d q5-0 a< 37.6.0 /qso.c 14 Rac nn ct 1" W/Sls at TU /zuUH?f)L 40 LF I Dollars I per Linear Foot Price(s) given above are firm for 90 days after date of bid opening. Addendum(s) No(s). / has/have been received and is/are included in th I proposal. The Undersigned has checked carefully all of the above figures and understands that tk City will not be responsible for any error or omissions of the part of the Undersigned i making up this bid. The Undersigned agrees that in case of default in executing the required Contract wit necessary bonds and insurance policies within twenty (20) days from the date of award ( Contract by the City Council of the City of Carlsbad, the proceeds of the check or bor accompanying his bid shall become the property of the City of Carlsbad. /Ai /J 1 &JJ$" n/L 4,J rp/" )YL$ //" p'" \I d J \? y'll 10/3/90 Re flp I 1 I 1 b il: t 0 ll Y I 1 .... I P The Undersigned bidder declares, under penalty of perjury, that they are licensed to d business or act in the capacity of a contractor within the State of California and t at the which expires on 6 c 3 0- 92. This statement is true and correct and has the legal effel of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuar to the Business and Professions Code shall be considered nonresponsive and shall t rejected by the City. § 7028.15(e). In all contracts where federal funds are involved, r bid submitted shall be invalidated by the failure of the bidder to be licensed in accordanc with California law. However, at the time the contract is awarded, the contractor sh2 be properly licensed. Public Contract Code 5 20104. The Undersigned bidder hereby represents as follows: are validly licensed under license number /7J& 38 , classification -2- f 1. That no Council member, officer agent, or employee of the City of Carlsbad personally interested, directly or indirectly, in this Contract, or the compensation 1 be paid hereunder; that no representation, oral or in writing, of the City Counci its officers, agents, or employees has inducted hidher to enter into this Contrac excepting only those contained in this form of Contract and the papers made a pa hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporatic making a bid for the same work, and is in all respects fair and without collusion ( 4 fraud. Accompanying this proposal is ON (Cash, Certified Check, Bond or Cashier's Check) t for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code whic requires every employer to be insured against liability for workers' compensation or 1 undertake self-insurance in accordance with the provisions of that code, and agrees 1 comply with such provisions before commencing the performance of the work of th Contract and continue to comply until the contract is complete. B .... .... .... 10/3/90 Re - I 1 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Articl 2, relative to the general prevailing rate of wages for each craft or type of worker neede to execute the Contract and agrees to comply with its provisions. s I R I I[ 8 I 8 I 8 1 s IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: f (1) (2) (3) Place of Business Name under which business is conducted Signature (given and surname) of proprietor II (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) (2) Name under which business is conducted Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) b (3) Place of Business (Street and Number) I City and State Zip Code Telephone No. n f 10/3/90 Rev. I 1__I_L_ 1 . --, ~ E ~-- -- -I=_n_____- h STATE OF CALIFORNIA (or proved to me on the basis of satisfactory evidence) to be the persons who e within instrument as President and respectively, of the Corporation therein named, and acknowledged to me that the executed it pursuant to its by-laws or a resolution of its board of directors WITNESS my hand and official seal P’Y DIEGL) COUWTY cmm. expires MAR 4, -~_____ <_c_-- - _- -____11__41;; __I__ (price class 8 2) I_- ---- -_I 1 I: 1 fi i Il 1 k 1 @ 4 E J. 1 3. I IF A CORPORATION. SIGN HERE: h business is conducted ? Impress Ccrporate Sea! her (3) Incorporated under the laws of the State of 4 /;Am?;& (4) Place of Business q6 FNC>N,;JA s ?p/yd (Street and Number) L, City and State J!=I~ c t /J, 69.s CH / i {d R A4 ;A b (5) Zip Code 9202 y Telephone No. "75 3 - f /3 7 NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST B ATTACHED f List below names of president, vice president, secretary and assistant secretary, if corporation; if a partnership, list names of all general partners, and managing partners odd ,A SAARJ - f/e*;uLy+ D6N &L/eed& - s@cpe&/c?P 10/3/90 Re I BIDD RRSBUND ' TO ACCOMPANY PRO Po S &, b KNOW AU PERSONS BY THESE PMSENTS: That we, DON HUBBARD CONTRACTING CO., m~as Principal, and FIDELITY AND DEPOSIT I as Surety ate held and firmly bound unto the City of Carlsbad, California, in an amount l foUows; (must be at least ten percent (10%) of rhe bid arnounr) for which payment, well and truly made, we bind ourselves, our heirs, executors ar sdministrators, successors or assigns, jointly and severally, firmly by these pmenrs. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the pmposa1 of tf. above-beunden Principal for: , I I II f' I ,a .... B TEN-PERCENT OF THE TOTAL AlfOUNT OF THE ACCOMPANYING BID (10% OF BID)- - - - - . I JMS DRNE STORM DRAM PROJECT NO. 3224 BID DATE: 12/07/90 in the City of Carlsbad, is accepted by the City Council, and if the Pmincipal shall duly em into and execute a Contracr including required bonds and insurance policies within t~ (10) days fram the date of award of Contract by the City Council of the City of CarIsbal being duly notified of said award, then this obligation shall become null and voic otherwise, it shall be and remain in full force and effect, and the amount specified here shall be forfeited to the said City. 1 *Ida IOIb A*.. .... L em** .... .... e... *e.. 10/3/90 Re1 e -_ - STATE OF CALIFORNIA 1 ) ss.: CITY AND COUNTY OF SAN DIEGO ) On this 3RD day of DECEMBER 1990 , before me, the undersigned Nota in and for the State, personally appeared a person me (or proved to me on the basis of satisfactory evidence), to be the person who execu written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. D mi F . TEGHTMEYER Given under my hand and Notarial Seal this 3RD day of DECEMBER A.D., My commission expires 3 In the event Principal executed this bond as an individual, it is agreed that the death Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of Executed by SURETY this 3m day of PNNCIPAL: SURETY: I d I t I - '' 9 1990. ,19-, DECEMBER b DON HUBBARD CONTRACTING CO., INC. FIDELITY AND DEPOSIT COMPANY OF MAE (Name of Surety) 4T-4-k4 signa t we dfAttody-in-Fact BLL JAMES F. TEGHTMEYER . I '*) ;r 8'- current power of attorney) m printed name of Anorney-h-Fact (attach corporate resolution shawii I By: 0 (sign here) (print name here) (title and organization of signatory) , (Proper notarial acknowledge of execution by PRINCIPAL and SURETY mbst be attached,) (President er vicc~president and secretary or assistant secretary must sign for corporadons, If only o officer sip, the corporation must atrach a resolution cedficd by rhe secretary or assistant secretary und corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F, BIONDO, JR. Deputy City Attorney 10/3/90 Re * 1: I I BIDDER’S BOND TO ACCOMPANY PROPOSAL KNOW ALL PEFGONS BY THESE PRESENTS: That we, as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount a follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors an administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of th above-bounden Principal for: , as Principal, and c s I # I; I 4 b 1 0 .... f! 1 .... I J .... i 8. I JAMES DRIVE STORM DRAIN PROJECX NO. 3224 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly entc into and execute a Contract including required bonds and insurance policies within te (10) days from the date of award of Contract by the City Council of the City of Carlsbac being duly notified of said award, then this obligation shall become null and voic otherwise, it shall be and remain in full force and effect, and the amount specified herei shall be forfeited to the said City. .... .... .... .... .... .... .... 10/3/90 Re si I 1: I ¶ 19 -. , 19 -. I c In the event Principal executed this bond as an individual, it is agreed that the death o Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this day of Executed by SURETY this day of t PRINCIPAL: SURETY: (Name of Principal) (Name of Surety) By: By: I (sign here) signature of Attorney-in-Fact I (print name here) printed name of Attorney-in-Fact I (title and organization of signatory) current power of attorney) (attach corporate resolution showin (sign here) G By: (print name here) # E II P c I li P li (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 or officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary undc corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: VINCENT F. BIQNDO, JR. City Attorney By: KAREN J. HIRATA Deputy City Attorney 10/3/90 Re . ,. power sf Attorney EblTY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY .4ND DEPOSXT COMPANY OF MARYLAND, a corporai State of Maryland, by R. w. BUDDENBOHN , Vice-president, and M. J. SCHNEBELEN Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, whi’ forth on the reverw side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby I constitute and appoint James F. Teghtmeyer of San Diego, California.. . - . . . . . . . . . . . . . L Its true and lawful agent and Attorney-in-Fact, to make, execute, sed and deliver, for, and on its behalf as surety, and as its act any and all bonds and undertakings ............................................ And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Compan and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected I the Company at its office in Baltimore, Md., in their own proper persons. 0 The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of A Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-president and Assistant Secretary have hereunto subscribed their names and a Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this _____________ 6th ________________ July , A.D. 1987 A/z%l FIDELITY AND DEPOSIT COMPANY OF MARYLAND AmT:(@J q _-_-- - ___________-____________ lanl STATE OF MARYLAND ~rru oF B~~MORE ; ss: On this 6th day of July , A.D. 19 87 , before the subscriber, a Notary Public of th Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-president and Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally laown to be the individuals ai described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company afort that the seal affiied to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal signatures as such officers were duly affiied and subscribed to the said instrument by the authority and direction of the said Co IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, th’ year fist above written. 0 _____________________ Fy/- _____-__-.-- Notary Public Co mission E ire -JJ..L--l! CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby CI the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the d’ certificate; and I do further certify that the Vice-president who executed the said Power of Attorney was one of the additil Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Set the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Direci FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 15 RESOLVED: “That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whe heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, sha and binding upon the Company with the same force and effect as though manually affixed.” IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, th day of--DECEKEiEB ------..-----., 19..20. 012-9310 a Assistant Sec EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND “Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-president, or any of the Se Presidents or Vice-presidents specially authorized so to do by the Board of Directors or by the Executive Committee, I power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-P Assistant Vice-presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person 1 to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreemer and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . . and tc seal of the Company thereto.” R OBfR r T. ’DRI L‘€R CO,, INc. Jack Wamock ycur representative (61 9) 238- 1828 1620 FIFTH AVE., SAN DIEGO, CA 92101 L1428b I .I 3 8 1 8 8 Ndlb 8 b B 1 I I I I I 1E 1' DESIGNATION OF SUBCONTRACXORS The Contractor certifies he/she has used the sub-bids of the following listed Contractor in making up hidher bid and that the sub-contractors listed will be used for the work fo which they bid, subject to the approval of the City Engineer, and in accordance wit1 applicable provisions of the specifications and Section 4100 et seq. of the Public Contract Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made ii these subcontractors except upon the prior approval of the City Engineer of the City o Carlsbad. The following information is required for each sub-contractor. Additional page can be attached if required: t Items of Complete Address Phone No. Work Full Company Name with Zip Code with Area Code 10/3/90 Re1 f I 1 11 3 E JI I I I c E 1 u I c E 1 P 8 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the liste subcontractors as part of the sealed bid submission. Additional pages can be attached, , required. P Type of State Contracting Carlsbad Business Amount of Bid Full Company Name License & No. License No.* _($ or %) X Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. 10/3/90 Re I I 1 I .I I fi I c a It I I II a 8 F R 11 BIDDER’S STATEMENT OF FINANCLAL RESPONSIBILITY Bidder submits herewith a statement of financial responsibility. F 10/3/90 Re &sn Zkzbbrrrb Montracli#$ au. ENGINEERING CONTRACTOR YARD AND OFFICE - 46 ENClNlTAS BLVD ENCINITAS, CALIFORNIA 92024 e MAlLlNG ADDRESS p 0 BOX 577, ENCINITAS, CALIFORNIA 92024 TEL (619) 753-1137 FAX (619) 753-0977 SEWER CONSTRUCTION PIPE LINE CONSTRUCTION EQUIPMENT RENTALS RUTH FLETCHER CITY OF CARLSBAD 1200 ELM AVE. CARLSBAD, CA 92008 RE: FINANCIAL STATEMENT DEAR MS. FLETCHER: ATTACHED IS A COPY OF OUR YEAR END FINANCIAL STATEMENT FOR THE THREE MONTHS ENDED DECEMBER 31, 1989. ALSO, INCLUDED IS THE YEAF ENDED SEPTEMBER 30, 1989. BASED ON OUR FINANCIAL STRENGTH OVER THE LAST FOUR YEARS, R. F, DRIVER, OUR BONDING COMPANY, HAS NOT REQUIRED INTERPll FINANCIAI STATEMENT. STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 1990, WILL BE REVIEWEI BY GRICE, LUND & TARKINGTON, C.P.A. 'S AND SHOULD BE READY SOMETIMI IN FEBRUARY, 1990. SINCERELY, 0 $ *JODY v MEEKER < CONTROLLER ENCLS . JVM/ml 0 0 DON HUBBARD CONTRACTlAlG COMPANY FlNA NClAL STA TEMENTS S-Corporation Year Ended December 31, 1989 Corporation Year Ended September 30, 1989 (Three Months) 0 0 I 0 BALANCE SHEETS DECEMBER 30, 1989 AND SEPTEMBER 30, 1989 ASSETS DECEMBER SEPTEMBER ___--___ --------- CURRENT ASSETS: a Cash in bank $ 620,104 $ 609,311 Contracts receivable 2,207,731 1,477,985 Costs and estimated earnings in exc8ss of billings on uncompleted contracts 664,806 497,176 Advances to officers 289,000 Miscellaneous receivables 1,851 444 Investment in partnership 16,418 4,715 Note receivable 165,000 Prepaid insurance 85,799 31,136 Prepaid taxes 8,114 - - -- - - - - - --------- 3,893,823 2,785,767 --------- --------- PROPERTY, PLANT AND EQUIPMENT, NET 930,449 814,287 OTHER ASSETS __--__--- --------- Cash value of officers life insurnace net of 174,350 in loans 13,736 13,736 Deposit 3,300 3,300 17,036 17,036 $ 4,841,308 $ 3,617,090 _________-- ----------- ____-__---_ _--__---_-- 0 --------- _-__--__- - - - - - - - - - ------ --- LIABILITIES AND STOCKHOLDER’S EQUITY Accounts payable $ 1,190,956 $ 972,668 Credit line 279,000 I 163,519 Accrued salaries and wages 90,452 Current portion of long-term debt 208,688 184,426 Billings in excess of costs and estimated earnings on uncompleted contracts 339,137 38,075 Union benefits payable 91,454 98,208 Accrued expenses 39,058 26,608 a Income taxes payable 9,750 164,645 --------- ----- ---- 2,248,495 1,648,149 LONG-TERM DEBT 103,197 89,314 STOCKHOLDER’S EQUITY: Common stock, without par, authorized, issued and outstanding, 1,000 shares 59,000 59,000 Retained earnings 2,430,616 1,820,627 2,489,616 1,879,627 $ 4,841,308 $ 3,617,090 --------- -__------ --- ------ ----- ---- 0 ____-_ - -- - __--_--- ---_----- ------ --- DON HUBBARD CONTRACTING COMPANY, INC. STATEMENTS OF INCOME AND RETAINED EARNINGS 0 FOR THE YEARS ENDED DECEMBER 30,1989 AND SEPTEMBER 30,1989 DECEMBER SEPTEMBER -------- --------- CONTRACTS REVENUES EARNED $ 3,906,059 $ 11,501,462 COSTS OF REVENUE EARNED __--___-- --------- Materials and supplies 1,320,206 4,431,823 Labor and benefits 866,141 3,220,275 Equipment rental 85,935 350,582 Subcontractors 415,57 1 443,570 Depreciation 75,990 316,069 Operating overhead 385,716 1,380,700 27,879 109,824 Other costs 3,1 77,378 10,252,843 GROSS PROFIT 728,681 1,248,619 GENERAL AND ADMINISTRATIVE EXPENSES 140,804 712,178 OPERATING INCOME 587,877 536,441 OTHER INCOME: --------- __----_-- --------- --------- --------- --------- --------- ---- -___- Interest income 21,398 39,871 Partnership income 11,703 4,715 Discounts 4,794 12,020 37,895 56,606 INCOME BEFORE INCOME TAXES 625,772 593,047 INCOME TAXES 15,783 31 1,283 NET INCOME 609,989 281,764 RETAINED EARNINGS, BEGINNING 1,820,627 1,538,863 RETAINED EARNINGS, ENDING $ 2,430,616 $ 1,820,627 0 --------- --------- ------- -- ____-_--- 0 --------- ___--_--- ---_----- --------- ------ --- --------- ----- ---- --------- 0 DON HUBBARD CONTRACTING COMPANY, INC. ANALYSIS OF OPERATING OVERHEAD 0 FOR THE YEARS ENDED DECEMBER 30,1989 AND SEPTEMBER 30,1989 DECEMBER SEPTEMBER ____-_-- _-----_-- OPERATING OVERHEAD: Auto expense $ 233 1 a $ 63,392 Depreciation 16,068 42,268 Freight and hauling 1,095 2,135 Fuel and oil 43,801 125,299 Insurance 38,493 260,268 interest 12,329 35,245 Payroll taxes and benefits 32,642 123,788 Rent 12,864 50,288 Repairs and maintenance 63,205 21 5,560 Salaries, yard and maintenance 114,676 323,157 Small tools and supplies 20,687 81.1 02 Taxes, licenses and permits 5,677 34,472 Utilities 661 4,120 TOTAL OPERATING OVERHEAD $ 385,716 $ 1,361,094 ------ --- --------- -------- - -------- - --------- ____--_-- 0 I b 0 DON HUBBARD CONTRACTING COMPANY, INC. ANALYSIS OF GENERAL AND ADMINISTRATIVE EXPENSES FOR THE YEARS ENDED DECEMBER 30,1989 AND SEFEMBER 30,1989 0 DECEMBER SEPTEMBER -------- --------- GENERAL AND ADMINISTRATIVE EXPENSES: Advertising $ $ 350 Auto expense 4,920 21,814 Bad debts 24,643 Depreciation 1,344 5,927 Donations 9,105 43,786 Insurance 2,322 2,968 Insurance, officer’s life 392 15,481 Insurance, deferred compensation 5,107 32,667 Legal and accounting 200 4,316 Office 451 9 10,585 Outside services 5,324 7,290 Payroll taxes and benefits 5,297 31,631 Rent 6,336 2531 3 Salaries, officers 59,762 341,300 Salaries, administrative and clerical 17,205 78,999 Service charges 1,854 4,915 Taxes and licenses 1,257 3,671 Travel, entertainment and promotion 5,992 13,268 Utilities 221 1,329 5,582 15,967 TOTAL GENERAL AND ADMINISTRATIVE EXPENSES $ 140,804 $ 702,409 Dues and subscriptions 700 3,977 Telephone 3,365 12,212 ------- Other 0 ____--- ______- ======= ---_--- 0 b 0 I om~mmcu am I w 11 kc\! 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E9 9 0 m 01. -omrob LD$$Ng Em a 5 2 o? (9 rc 9 rc # b wm m mw WE .cs c 0.2 2e $E -= &E a2 22 cs mm -m w $2 2g .-u 02’8 E- 52 $p 2:&: 0, ; : gl Z$ $2 m a g E 3c sw a % a =v an:+ CY) 3- u n - g z s E : 8 lr ; g.., 2; 5 z z 0 % 2 g 2 = 5 cr:a 8 g$: 8 a g: p p w I ow wo 2, g i i s g ; E m 20 a m p wm ma 5- C n E.& ga - - 5 5 0 0 g 0 6 $ w f 3 $z s= I I 1 c P I a b at I I I 1 I 8 1 17 BIDDER'S STATEMENT OF TECHNICAL Al3IL.lTY AND EXPERIENCE ?' The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill An attachment can be used. I 10/3/90 Re f Ir i I 1 I 1 of Ddd #Y c. ALAR d G/d$?k {& /I ca- I b I ll 1 I N 8 8 1E NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITIED WITH BID State of California 1 ) ss. County of s n /3iepc> ) Dm? .#O&A/L> ? , being first duly sworn, deposes (Name of Bidder) and says that he or she is kL e6 ; &?I/% (Title) (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behal of, any undisclosed person, partnership, company, association, organization, or corporation that the bid is genuine and not collusive or sham; that the bidder has not directly o indirectly induced or solicited any other bidder to put in a false or sham bid, and has no directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyoni shall refrain from bidding that the bidder has not in any manner, directly or indirectly sought by agreement communication, or conference with anyone to fix the bid price, or o that of any other bidder, or to fix any overhead, profit, or cost element of advantag against the public body awarding the contract of anyone interested in the propose( contract; that all statements contained in the bid are true; and further, that the bidder ha: not, directly or indirectly submitted his or her bid price or any breakdown thereof, or thc contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any corporation, partnership, company association, organization, bid depository or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury t affidavit was executed on the day of e Subscribed and sworn to before me on the 7+/day of De t CA 6e4, 19@. s (NOTARY SEAL) 10/3/90 Re\ t 19 0 CONTRACT - PUBLIC WORKS This agreement is made this H day of L , 1991, by and between the City of Carlsbad, California, a municipal co&oiatio& (hereinafter called Wty"), and Don Hubbard Contractinz Co., Inc. whose principal place of business is 47 Encinitas Blvd., Encinitas, CA 92024 City and Contractor agree as follows: 1. (hereinafter called "Contractor".) Description of Work. Contractor shall perform all work specified in the Contract documents for: JAMES DRIVE STORM DRAIN PROJECT NO. 3224 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract 2. 0 Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and thc City's decision relative to said intent will be final and binding. Failure of thc Contractor to apprise subcontractors and materials suppliers of this condition 01 the Contract will not relieve responsibility of compliance. 10/3/90 Rev IP I i 8 1 II 1 I I a t I I I 8 I 8 20 Payment. For all compensation for Contractor‘s performance of work under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the City‘s assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contrac price includes payment for all work that may be done by Contractor, whethe. anticipated or not, in order to overcome underground conditions. An; information that may have been furnished to Contractor by City abou underground conditions or other job conditions is for Contractor’s convenienct only, and City does not warrant that the conditions are as thus indicated Contractor is satisfied with all job conditions, including underground condition, and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall bc responsible for all loss or damage arising out of the nature of the work or fron the action of the elements or from any unforeseen difficulties which may arise o be encountered in the prosecution of the work until its acceptance by the City Contractor shall also be responsible for expenses incurred in the suspension o discontinuance of the work. However, Contractor shall not be responsible fo reasonable delays in the completion of the work caused by acts of God, storm weather, extra work, or matters which the specifications expressly stipulate wil be borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves diggin trenches or other excavations that extend deeper than four feet below the surfac Contractor shall promptly, and before the following conditions are disturbec notify City, in writing, of any: A. r 4. 5. b 6. 7. Material that Contractor believes may be material that is hazardous wastr as defined in Section 25117 of the Health and Safety Code, that is require to be removed to a Class I, Class 11, or Class 111 disposal site in accordanc with provisions of existing law. 10/3/90 Re P I i 2 I: i I 1 I I b 8. Q 8 1 I I II 8 1 B. Subsurface or latent physical conditions at the site differing from tho: indicated. Unknown physical conditions at the site of any unusual nature, differer materially from those ordinarily encountered and generally recognized i inherent in work of the character provided for in the contract. C. ? City shall promptly investigate the conditions, and if it finds that the conditio1 do materially so differ, or do involve hazardous waste, and cause a decrease c increase in contractor's costs of, or the time required for, performance of any par of the work shall issue a change order under the procedures described in thj contract. In the event that a dispute arises between City and Contractor whether th conditions materially differ, or involve hazardous waste, or cause a decrease c increase in the contractor's cost of, or time required for, performance of any pal of the work, contractor shall not be excused from any scheduled completion dat provided for by the contract, but shall proceed with all work to be performel under the contract. Contractor shall retain any and all rights provided either b contract or by law which pertain to the resolution of disputes and protest between the contracting parties. Channe Orders. City may, without affecting the validity of the Contract, orde changes, modifications and extra work by issuance of written change orders Contractor shall make no change in the work without the issuance of a writter change order, and Contractor shall not be entitled to compensation for any extr: work performed unless the City has issued a written change order designating iI advance the amount of additional compensation to be paid for the work. If i change order deletes any work, the Contract price shall be reduced by a fair anc reasonable amount. If the parties are unable to agree on the amount o reduction, the work shall nevertheless proceed and the amount shall bt determined by litigation. The only person authorized to order changes or extr: work is the Project Manager. The written change order must be executed by tht City Manager or the City Council pursuant to Carlsbad Municipal Code Sectior 3.28.1 72. Immimation Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 11 01 -1 525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 9. 10/3/90 Rev. t 111 I 22 r 1o. I I s I # I b 12. I s I s I 1 Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate ol per diem wages in accordance with California Labor Code, Section 1773 and 2 copy of a schedule of said general prevailing wage rates is on file in the office oj the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant tc California Labor Code, Section 1775, Contractor shall pay prevailing wages Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses oj defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure ol Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. (A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages and minimum limits indicted herein: 11. m 1. Comm-ehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are u additional insureds. 2. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. 10/3/90 Rev. r 1 I I 1 I I I b 1 D I; I I I 8 1 2: 3. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of thc State of California and Employers' Liability limits of $1,000,000 pe incident. - r (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies o insurance required under this agreement contain, or are endorsed tc contain, the following provisions. General Liability and Automobil Liability Coverages: 1. The City, its officials, employees and volunteers are to be coverel as additional insureds as respects: liability arising out of activitie performed by or on behalf of the Contractor; products an completed operations of the contractor; premises owned, leased hired or borrowed by the contractor. The coverage shall contair no special limitations on the scope of protection afforded to thc City, its officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance a respects the City, its officials, employees and volunteers. Aq insurance or self-insurance maintained by the City, its officials employees or volunteers shall be in excess of the contractor' insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shal not affect coverage provided to the City, its officials, employees o volunteers. Coverage shall state that the contractor's insurance shall appl separately to each insured against whom claim is made or suit j brought, except with respect to the limits of the insurer's liabiliq (C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made basis, coverage shall be maintained for a period of three years following thi date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by thi agreement shall be endorsed to state that coverage shall not be suspended voided, canceled, or reduced in coverage or limits except after thirty (30 days' prior written notice has been given to the City by certified mai: return receipt requested. I 2. 3. 4. 10/3/90 Re7 f 1 1 I I I I 1 b 1 I II I I I 1 24 DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - hj (E) deductibles or self-insured retention levels must be declared to anc approved by the City. At the option of the City, either: the insurer shal reduce or eliminate such deductibles or self-insured retention levels a: respects the City, its officials and employees; or the contractor shall procurt a bond guaranteeing payment of losses and related investigation, clain administration and defense expenses. WAIVER OF SUBROGATION - All policies of insurance required under thi! agreement shall contain a waiver of all rights of subrogation the insurei may have or may acquire against the City or any of its officials 01 employees. (G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured: under its policies or shall furnish separate certificates and endorsements foi each subcontractor. Coverages for subcontractors shall be subject to all o r (F) I the requirements stated herein. (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurer: that have a rating in Best's Key Rating Guide of at least A:V, as specified bj City Council Resolution No. 90-96. VERIFICATION OF COVERAGE - Contractor shall furnish the City wit1 certificates of insurance and original endorsements affecting coveragf required by this clause. The certificates and endorsements for eacE insurance policy are to be signed by a person authorized by that insurer tc bind coverage on its behalf. The certificates and endorsements are to be ir forms approved by the City and are to be received and approved by the Cit, before work commences. COST OF INSURANCE - The Cost of all insurance required under thi: agreement shall be included in the Contractor's bid. (I) (J) 13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claim: Act (Section 900 et seq of the California Government Code) for any claim 01 cause of action for money or damages prior to filing any lawsuit for breach oj I this agreement. 10/3/90 Rev. P I 8 I B II I I 8 1, 18. I 1 I 1 .... 8 I .... I 1 25 Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of thi5 contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted fox monies withheld to ensure performance under this Contract. Affirmative Action. Contractor certifies that in preforming under the purchase order awarded by the City of Carlsbad, he will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon applicatior! of either party, the Contract shall forthwith be physically amended to make suck insertion or correction. p 14. 15. 16. 17. .... .... .... .... .... 10/3/90 Rev r , personally kr (or proved to me on the basis of satisfactory evidence) to be the persons who er within instrument as President and respectively, of the Corporation therein named, and acknowledged to me that the ( WITNESS my hand and official s ______I_ *r *- I I I i I I 1 I I 1 I 8 1 I 1 I 2 Additional Provisions. Any additional provisions of this agreement are set fort in the "General Provisions" or "Special Provisions'' attached hereto and made 19. t part hereof. q/ 6NJRPGLi7 60' DOld I&A I? /!/ 6hh b0fV 10 1.6. 4?d /I(u NOTARIAL ACKNOWLEDGEMENT OF Contractor EXECUTION BY ALL SIGNATORIES MUST BE AlTACHED (CORPORATE SEAL) Pnnt Name of !Signatory APPROVED TO AS TO FORM: Ge5;deN ;C S edf P; I Title VINCENT F. BIONDO, JR. City Attorney By: ATTEST: + a/ /a Deputy City Attorney .*& Cler Aid- c5L.L-J 10/3/90 Rev ? -&A& VUA...2. "-I1 ALluLILallce tl;;f3icy 9025B Carlton Hills Blvd. Santee, CA 92071 (619) 250-7111 Certificate of Insurance @ Fax 258-6855 T Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company certifies that the insurance afforded by the policy or poli escribed below is in force as of the effective date of this certificate and that this Certificate of Insurance does not amend, extend or otherwise a1 conditions of insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address: 9b 1 City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 r A DESC WI PTlVE SCH EDU LE L This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. El Explosion and Collapse Hazard El Underground Hazard 1pl ProductslCompleted Operations 5 Contractual Insurance Ed Broad Form Property Damage 73 PR 005 567 5004 73 BA 005 567 0001 ................. Location of Work.. ............................. Insurance in force only for hazards indicated by X "Should any of the above described policies be cancelled before the expiration date thereon, the insurance company wil@~e~~~mail- 3 o days written notice to the abor, Certificate Holder,~~8~~~~~~~n~i~~~~~o~~~~~t~n~~~i~~~~~~~~~~~~~ This cerlificale is executed by Nationwide Mutual Insurance Company if said company has issued the policy to which this certificate is attached; it is executed by Nationwide Mutual Fire Insurance Company if said company has issued the policy to which this certificate is attached. Date Certificate Issued January 1 1 , 19 9 1 NATIONWIDE MUTUAL INSURANCE COMPANl NATIONWIDE MUTUAL FIRE INSURANCE COMPf Columbus, Ohio 's Name and Address: ' Don Hubbard Contracting Company 1 m P.O. Box 577 Encinitas, CA 92024 L -I Cas. 419 (01 /90 POLICY NUMBER: 73 PR 005 567 5004 EFF. 1- a @. NAMED INSURED: DON HUBBARD CONTRACTING COMPANY A- 6( THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ,I Name of Person or Organization: City of Carlsbad Job: James Drive Storm Dra. 1200 Carlsbad Village Drive Project: #3224 Carlsbad, CA 92008-1989 WHO IS AN INSURED (Section 11) is amended to include as an insured the Person Organization in the Schedule, but this insurance with respect to such Person Organization applies only to the extent that such Person or Organization is h liable for your acts or omissions arising out of and in the course of operati performed for such Person or Organization by you or your subcontractor. a "Coverage provided to the Additional Insured under this endorsement is primar but only with respect to acts or omissions of the Named Insured. insurance maintained by the additional Insured is deemed to be excess." Any other m Cas. 4190 (01/90) EFF. 1-11-91 A- 61 NMiED INSURED: Don Hubbard Contracting Company COMMERCIAL GENERAL Lli PoLICYNUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 73 PR 005 567 5004 e CANCELLATION BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART. SCHEDULE Number of Days 30 (If no entry appears above, iriformation required to complete this Schedule will be shown in the Declare applicable to this endorsement.) Paragraph 2. of CANCELLATION (Common Policy Conditions) is replaced by the following: 2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written r cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non payment of premium; or b. The number of days shown in the Schedule before the effective date of cancellation if we carice other reason. a CERTIFICATE HOLDER: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 CG 02 12 11 85 Copyright, Insurance Services Office, Inc., 1984 e S;EST B'f:i714! 7.52-7587 : 1-15-yl ;1~::7-4y : And.rson $ AndGrsoc-DOY HLEB.\RD C(?XT. AS A MATTER OF INFORAATION CNLY AN0 Anderson & hdorpon Inruranefi CAT€ HOLDER. THIS CERTIFICATE DOES NC P.O. BDX 19894 irvine, CA 92024 FFORblNG COVERAGE 7 14-47 6-4341 CUQOQOI! P,O. Box 877 41 OWE0 AUTOS WEWED WTOS WN.OWIEO AUT06 MAIL 30 DAYSWRITTEN NOTiCE'Ti3 THE LtKI ICIGA TE HOLDER NkME Clty of. CarlrQid LEFTXGi%€KWXO~~ mt- 120& Elm Avmue Cirfsbiid, CA 92808 Aktn: Purehasing 002I II 31 OPTIONAL. ESCROW AGREEMENT FOR SURETY DEPOSITS M LIEU OF RETENTION i This Escrow Agreement is made and entered into by and between the City of Carlsbac: whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafte: called "City" and whost address is I II I I I I b II 8 I I II 1 I hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agrec as follows: 1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the optioi to deposit securities with Escrow Agent as a substitute for retention earning required to be withheld by City pursuant to the public works contract enterec into between the City and Contractor for in thl amount of dated - (hereinafter referred to as the "Contract"). A copy of said contract is attached a Exhibit "A". When Contractor deposits the securities as a substitute for Contrac earnings, the Escrow Agent shall notify the City within ten (10) days of th deposit. The market value of the securities at the time of the substitution shal be at least equal to the cash amount then required to be withheld as retentioi under the terms of the Contract between the City and Contractor. Securities sha: be held in the name of City of Carlsbad and shall designate the Contractor as th beneficial owner. Prior to any disbursements, Escrow Agent shall verify that th present cumulative market value of all securities substituted is at least equal t the cash amount of all cumulative retention under the terms of the Contract. The City shall make progress payments to the Contractor for such funds whic otherwise would be withheld from progress payments pursuant to the Contrac provisions, provided that the Escrow Agent holds securities in the form an amount specified above. Alternatively, the City may make payments directly to Escrow Agent in th amount of retention for the benefit of the City until such time as the escroi 2. 3. I created hereunder is terminated. P 10/3/90 Re I 32 Contractor shall be responsible for paying all fees for the expenses incurred bj Escrow Agent in administering the escrow account. These expenses any paymen terms shall be determined by the Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held ir escrow and all interest earned on that interest shall be for the sole account o Contractor and shall be subject to withdrawal by Contractor at any time and fron time to time without notice to the City. Contractor shall have the right to withdraw all or any part of the principal in thc Escrow Account only by written notice to Escrow Agent accompanied by writter authorization from City to the Escrow Agent that City consents to the withdrawa 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 b the Contractor. Upon seven (7) days written notice to the Escrow Agent fron the City of the default of the Contractor, the Escrow Agent shall immediate1 convert the securities to cash and shall distribute the cash as instructed by thl City. Upon receipt of written notification from the City certifymg that the Contract0 has complied with all requirements and procedures applicable to the Contract Escrow Agent shall release to Contractor all securities and interest on deposit les escrow fees and charges of the Escrow Account. The escrow shall be closec immediately upon disbursement of all monies and securities on deposit anc payments of fees and charges. Escrow Agent shall rely on the written notifications from the City and th Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement an1 the City and Contractor shall hold Escrow Agent harndess from Escrow Agent’ release and disbursement of the securities and interesl as set forth in Sections ( thru 8 and 10. 4. 5. i I c I I I b 1 I I II .... II I .... 1 B 6. 7. 8. I 9. .... .... .... .... t 10/3/90 Rei 3: The names of the persons who are authorized to give written notices or tc receive written notice on behalf of the City and on behalf of Contractor i~ connection with the foregoing, and exemplars of their respective signatures arc as follows: For City: Title I I 111 I 1 II b I I I I I I I 10. ? Name I Signature Address For Contractor: Title 1 Name Signature Address For Escrow Agent: Title Name Signature I Address P 10/3/90 Re 3' At the time the Escrow Account is opened, the City and Contractor shall deliver to tht Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer, on the date first set forth above. I I ? I For City: Title Name Signature I I I I I I I I I I I I Address For Contractor: Title Name a Signature Address For Escrow Agent: Title b Name Signature Address P 10/3/90 Re 3t I I RELEASE FORM THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS NAME OF CONTRACTOR: ? I PROJECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges payment in full for all compensatioi of whatever nature due the Contractor for all labor and materials furnished and for a1 work performed on the above-referenced project for the period specified above with th exception of contract retention amounts and disputed claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ I I I I I b I 1 I I I I DISPUTED CLAIMS DESCRIPTION OF CLAIM - AMOUNT CLAIMED The Contractor further expressly waives and releases any claim the Contractor may have of whatever type or nature, for the period specified which is not shown as a retentio: mount of a disputed claim on this form. This release and waiver has been mad voluntarily by Contractor without any fraud, duress or undue iilfluence by any person o 1 entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, an1 work due Subcontractors for the specified period have been paid in full and that the partie signing below on behalf of Contractor have express authority to execute this release. DATED: PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) By: I Title: By: Title: 10/3/90 Rei t 3t I SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCXOh! 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of simila import are used, it shall be understood that reference is made to the plans accompanyinj these provisions, unless stated otherwise. B. Directions: Where words ''directed," "designated," "selected," or words of similar import are used, i shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall bc understood to mean "as required to properly complete the work as required and a approved by the City Engineer," unless stated otherwise. i I I I I I I I I I I I I I b c. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar impor are used, it shall be understood such words are followed by the expression "in the opinioi of the Engineer," unless otherwise stated. Where the words "approved," "approval, "acceptance," or words of similar import are used, it shall be understood that the approval acceptance, or similar import of the Engineer is intended. I D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense shall perform all operations, labor, tools and equipment, arid further, including thi furnishing and installing of materials that are indicated, specified or required to mean eha the Contractor, at her/his expense, shall furnish and install the work, complete in place anc ready to use, including furnishing of necessary labor, materials, tools, equipment, anc transportation. 10/3/90 Re\ t I I 3; 1-2 DEFINJTIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his approved representative 24 CONTRACTBONDS Modify Paragraph 3 as follows: Contractor shall provide two good and sufficient surety bonds. The "Payment Bond (Material and Labor Bond) shall be for not less than 50 percent of the contract price ti satisfy claims of material suppliers and of mechanics and laborers employed by contract0 on the project. Add: The Payment Bond and the Performance Bond shall be kept in full force and effect by th Contractor during the course of this project. Both bonds shall extend in full force an effect and be retained by the City for a period of one (1) year from the date of form2 acceptance of the project by the City. t II 1 I I I I I I 1 B 1 I I I b 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work are the Standard Specifications for Public Work Construction, 1985 Edition, the 1986 supplement, and the January, 1986 Standard Speci: Provisions, hereinafter designated SSPWC, as issued by the Southern California Chapter c the American Public Works Association, and these General Provisions. The Construction Plans consist of - sheet(s) designated as City of Carlsbad Drawing Nc - . The standard drawings utilized for this project are the latest edition of the San Dieg Area Reeonal Standard Drawins, - hereinafter designated SDRS, as issued by the San Dieg County Department of Public Works, together with the City of Carlsbad Supplement: Standard Drawings. Copies of pertinent standard drawings are enclosed with thes documents. To Section 2-5.3, Shop Drawings, add: 10/3/90 Re t 1 I 3t Where installation of work is required in accordance with the product manufacture?: direction, the Contractor shall obtain and distribute the necessary copies of sucl instruction, including two (2) copies to the City. r I To Section 2-5, add: 2-5.4 Record Drawinns: The Contractor shall provide and keep up-to-date a complete "as-built" record set o transparent sepias, which shall be corrected daily and show every change from the origina drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment underground piping, valves, and all other work not visible at surface grade. Prints for thi purpose may be obtained from the City at cost. This set of drawings shall be kept on thl job and shall be used only as a record set and shall be delivered to the Engineer up01 completion of the work. I I I I f 1 1 I 1 I I I I 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1 , Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representativc The Engineer shall have free access to any or all parts of work at any time. Contract0 shall furbish Engineer with such information as may be necessary to keep her/him full informed regarding progress and manner of work and character of materials. Inspectio of work shall not relieve Contractor from any obligation to fulf'ill this Contract. Modlfy Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testin materials and/or workmanship where the results of such tests meet or exceed th requirements indicated in the Standard Specifications and the Special Provisions. The cos of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall b approved by him before the delivery is started. All materials proposed for use may b inspected or tested at any time during their preparation and use. If, after trial, it is foun that sources of supply which have been approved do not furnish a uniform product, or the product from any source proves unacceptable at any time, the Contractor shall furnis approved material from other approved sources. After improper storage, handling or an other reason shall be rejected. I 10/3/90 Re. t 1 I 35 1 I I 1 b I I I I I I All backfill and subgrade shall be compacted in accordance with the notes on the plans ant the SSPWC. Compaction tests may be made by the City and all costs for tests that mee or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engineer The costs of any retests made necessary by noncompliance with the specifications shall bc borne by the Contractor. Add the following section: t I 4-1.7 NonconforminR Work The contractor shall remove and replace any work not confonning to the plans o specifications upon written order by the Engineer. Any cost caused by reason of thi nonconforming work shall be borne by the Contractor. I 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known record: endeavored to locate and indicate on the Plans, all utilities which exist within the limit of the work. However, the accuracy of completeness of the utilities indicated on the Plan is not guaranteed. 54 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including servic connection, desired by the Contractor for his/her own convenience shall be the Contractor own responsibility, and he/she shall make all arrangements regarding such work at no co: to the City. If delays occur due to utilities relocations which were not shown on the Plan: it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties t relocate utilities which interfere with the construction, the Contractor, upon request to th City, may be permitted to temporarily omit the portion of work affected by the utility. Th portion thus omitted shall be constructed by the Contractor immediately following th relocation of the utility involved unless otherwise directed by the City. 1 I 10/3/90 Re t 1 1 I I I r I b I 5 1 I II I I I 4( 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: c 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. e 3. 4. The schedule shall indicate estimated percentage of completion for each item of work at each and every submission. The failure of the prime contractor to submit, maintain, or revise the aforementioned schedule (s) shall enable City, at its sole election, to withhold up to 10% of thte monthly progress payment otherwise due and payable to the contractor until the schedule has been submitted by the prime contractor and approved by City as to completeness and conformance with the aforementioned provisions. 5. 10/3/90 Rei t I 1 I 1 1 1 1 E, I I I I I I 41 No changes shall be made to the construction schedule without the prior written approva of the Engineer. Any progress payments made after the scheduled completion date shal not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal o:r relocation of conflictinl utilities shall be requirements prior to commencement of work by the Contractor. 6-7 TIME OF COMPLETION The Contractor shall begin work within 10 calendar days after receipt of the “Notice tc Proceed” and shall diligently prosecute the work to completion within 75 consecutive day, 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. an( sunset, from Mondays through Fridays. The contractor shall obtain the approval of thc Engineer if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission o the Engineer. This written permission must be obtained at least 48 hours prior to sucl work. The Contractor shall pay the inspection costs of such work. 6-8 COMPIETION AND ACCEKTANCE ? I 1 Add the following: All work shall be guaranteed for one (1) year after the filing of a “Notice of Completion and any faulty work or materials discovered during the guarantee period shall be repairer or replaced by the Contractor, at his expense. R 6-9 LIOUIDATED DAMAGES Modify this section as follows: 0 3w0” If the completion date is not met, the contractor will be assessed the sum of $ per da for each day beyond the completion date as liquidated damages for the delay. An progress payments made after the specified completion date shall not constitute a waive of this paragraph or of any damages. 10/3/90 Rei r 4 I I 1 I I b I I E 1 I 1 I I 4; 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way grading, and building permits necessary to perform work for this contract on City property in streets, highways (except State highway right-of-way), railways or other rights-of-way Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. ? I 7-8 PROJECT AND SllX 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 day at the City's request. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with muffler in good repair when in use on the project with special attention to City Noise Contrc 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 wor and shall comply with all applicable provisions of Federal, State and Municipal safety law and building codes to prevent accidents or injury to persons on, about, or adjacent to th premises where the work is being performed. He/she shall erect and properly maintain : all time, as required by the conditions and progress of the work, all necessary safeguarc for the protection of workers and public, and shall use danger signs warning again! hazards created by such features of construction as protruding nails, hoists, well holes, an falling materials. 10/3/90 Re P 1 I I I 1 I 4: 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11 -06. Excavation an( Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds for use in the proposed construction project which would be subject to Section 1601 o Section 1603 of the Fish and Game Code, such conditions or modifications establishec pursuant to Section 1601 of the Fish and Game Code shall become conditions of th contract. 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. ? I 9-3 PAYMENT I b 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 amoun of retention. 10 SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perforr necessary surveying for this project. Requirements of the Contractor pertaining to this iter 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 Wi be made. Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 5C intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers sewers, storm drains, and structures (4 corners min.). Rough grade as required to satisf: cut of fill to finished grade (or flowline) as indicated on a grade sheet. Contractor shall transfer grade hubs for construction and inspection purposes to crown linl base grade of streets as required by Engineer. I 1 I I 8 1 I I 10/3/90 Re\ t II I I 1c I e Contractor shall protect in place or replace all obliterated survey monuments as per Sectioi 8771 of the Business and Professional Code. Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencin, construction of surveyed item. 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the constructio under this contract. The Contractor shall contact the appropriate water agency fc requirements. The contractor shall include the cost of water and meter rental withi appropriate items of the proposal. No separate payrnent will be made. ? 1 12 TRAFFIC CONTROL PLANS B The Contractor shall submit a traffic control plan to the engineer for approval prior t working on public streets. No street closures will be allowed, I b I I I 8 I I 1 8 10/3/90 Re t I 1 1 1 I 1 I b B I II I I I 1 I 4: t 1 SUPPLEMENTAL TECHNICAL SPECIFICATIONS 10/3/90 Rev P U 4( ASPHALT CONCRETE Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type I11 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 an 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 grad asphalt shall be used for Type I11 asphaltic concrete, and AR-8000 paving grade aspha. 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 determined b washing the material through the sieve with water. No less than 1/2 of the materi: 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 accordanc with ASTM D-1073, and shall not exceed fifteen percent (15%) loss by weight." Modify Section 400-4.3, Combined Aggregates, as follows: First paragraph, add: "ASTM D2419 Test Method may be alternated for Test Method Nc Calif. 21 7." i I 1 I I 8 b I I 1 l 8 8 I I I 10/3/90 Re f I I I 1 Ir I I, i I 8 8 4: 1. PROJECT DESCRIPTION This project involves the construction of a 54" storm drain kern James Drive south o Basswood Avenue to Tamarack Avenue. ? 2. CLEARANDGRUBB Clearing and grubbing shall conform to Section 300.1.1 of the Standard Specification for Public Works Construction, 1988 Edition, and these ]provisions. Clearing anc grubbing shall also include removal and disposal of unsuitable material from the pip B trench. 3. EXI!TIINGUTILITTES All of the existing utilities must be located prior to the construction. I 4. EXISTING SEWER LINE The contractor is responsible for protecting the existing sewer line during th trenching operation. The storm drain trenches must be shored where the sewer lin is within two (2) feet of the storm drain trench. If the engineer determines that portion of the sewer line is too close to the storm drain trench and cannot b supported, he may allow the contractor to relocate that portion of the sewer line. Th relocation shall be coordinated by the City's sewer department and paid for as separate bid item and as shown on the bid proposal. 5. CATCHBASINS All catch basins shall have a 1" diameter steel protection bar per modified Standarl Drawing D-7. 6. WATERLINE RELOCATION Conflicting waterlines at Chestnut and Magnolia shall be relocated as shown on th attached plans. I PAYMENT I Payment for the waterline relocation shall be made per additive bid alternative in th bid proposal and no additional payments will be made. 10/3/90 Re7 I I t 41 1 WATERLINE RELOCATION CHESTNUT AVENUE AT STA. 22 + 24.00 APPROX. CONST. 8" FLG G.V. WITH 8" R'1 X FLG ADAPTORS & T.B. CMWD DWG. NO. 5. MODIFIED T.B. TC BE REINFORCED WITH #4 REBAR INSTALLED PERMANENT 1" M.A.R. (MANUAL AIR RELEASE). AT STA. 22 + 22.00 APPROX. TAP 2" W/S, CMWD DWG. NO. 2 FOR TEMP. HIGH LINE. FROM STA. 22 + 22.00 THRU STA. 2; + 90.00 CONST. TEMP. 2" P.V.C. SCH 40 HIGH LINE. LOCATI AT BACK OF SIDEWALK. ALL RESIDENTS TO REMAIN IN SERVICI DURING DEMOLITION & REMOVAL OF EXISTING STORM DM11 FACILITIES. AT STA. 23 + 75.5 APPROX. CONST. 8" FLG G.V. WITH 8" RY X FLG ADAPTORS & T.B. CMWD DWG. NO. 5. MODIFIED T.B. T( BE REINFORCED WITH #4 REBAR INSTALLED PERMANENT 1" M.A.R, (MANUAL AIR RELEASE). AFTER REMOVAL OF EXISTING WATER LINE & FIRE HYDRA" (SALVAGE F.H. HEAD & G.V. & DELIVER TO CMWD YARD) & STORI DRAIN FACILITIES, CONST. NEW STORM DImIN. AFTER COMPLETION OF STORM DRAIN FACILITIES, CONST. NEW 8' A.C.P. & F.H. ASSEMBLY & END CAPS & T.B. TAP NEW WATEl MAIN FOR CONNECTIONS TO EXISTING 1" WATER SERVICES, ETC CONNECTIONS TO EXISTING lV1 WATER SERVICES (40' OF 1' COPPER FOR 4 1" WATER SERVICE CONNECTIONS). WATER MA11 TO BE TESTED, CHLORINATED, FLUSHED & E1.T. SAMPLES TAKEN. AT STA. 22 + 22.00 APPROX. DISCONNECT 2" W/S FOR TEMP. HIGH LINE, CAP 2" CORPS & ABANDON. REMOVE TEMP. END CAPS & T.B.'S & CONNECT TO EXISTING 8' A.C.P. CONNECT 1" W/S1s TO EXISTING SERVICE!;. i I e3 63 I 63 I (3 'a 1 1 I I I I 1 I I I REMOVE TEMP. HIGH LINE. [ 1 e3 P 10/3/90 Rev. - . __ - - - ----- - - - ___ - - - - ~___ - --- - -- -___ ___--- - 9 (.1 -N A 5c 1 WATERLINE RELOCATION MAGNOLIA AVENUE AT STA 1 + 60.00 APPROX. CONST. 12" X 12" X 6" RT X FLC X FLG TEE & T.B. INSTALL 1 12" RT X FLG G.V. & F.H. ASSEMBLY. CMWD DWG. NO. 3 INSTALL F'ERMANENT 1" M.A.R. (MANUAL AIR RELEASE). AT STA 0 + 70.00 APPROX CONST. 12" FIX; G.V. WITH 12" R7 X FLG ADAPTORS & T. B. CMWD DWG. NO. 5 MODIFIED. T. B. TC BE REINFORCED WITH NO. 4 REBAR. INSTALL PERMANENT 1" M.A.R. (MANUAL AIR RELEASE). REMOVE EXISTING 12" A.C.P. & EXISTING F.H. ASSEMBL'J (SALVAGE F.H. HEAD & G.V. & DELIVER TO CMWD YARD) f EXISTING STORM DRAIN FACILITIES. INSTALL 12" 10-GUAGE M.L.M.C. (MORTAR LINED AND COATED) STEEL W/M WITH WELDED JOINTS, WITH BLIND FLG FOR TESTING. ALSO INSTALL 12" A.C.P. WITH TEMP. END CAP & T.B. NEi 12" W/M WILL BE TESTED, CHLORINATED, FLUSHED & B.T. SAMPLES TAKEN. REMOVE TEMP. BLIND FLG (Dl) & TEMP. END CAP & T.B. (D2) & MAKE TIE-IN'S TO EXISTING 12" A.C.P. NEW STORM DRAIN FACILITIES WILL BE CONST. OVER & AFTEI W/LINE IS INSTALLED & OPERATIONAL. i 63 1 @ 1 @ @ '(3 1 (3 I II I 8 I 1: I I I I I 10/3/90 Rev. t -22 -\n 1J I/$-:- Jji- f $$ rJ -* ,’ . F *“..;I y 2 / I i 1 I I I I I b I 1 I I 1 1. 1 II P '. I I 8"-& \h/A $ ii =\x* l.LmL4T- I I I I 1 1 b I I I II I 1 I I -- -_ - Gd -- - - --- - - ___ - --~---- -_ -_ __ 8 w* % w-*. - 22+24$* &O \? G-v OQ /a t n I m 23C7S.5 t c:. fA.w- o* 3L - doc Manhole frama and cow. PROTECTION SECTION A-A SECTION B-8 6' I-- J - - -9 .,.*... PLAN TYPICAL BOX SECTION 1. Sea Standard Orawing 0-1 1 for additional notes and dataiis. 2. When V exceeds 4' steps shali be installed. See Standard Drawing 0-1 1 for details. 3. Exposed edges of~concmte shall ba rounded with a radius of 112". 4. Openings on both tides unless otherwise shown on plans. LEGEND ON PLE ---- 5. Maintain 1 1/2" clear spacing between reinforcing and surface. -----lo-=: RECDYYENOED 81 THE SAM - Wd&AP 49i Coonmator R.C.E. !9@7 C DRAWING NUMBER 0-7 I 4 @ I October 22, 1992 Hubbard Contracting Co. 47 Encinitas Blvd. Encinitas, CA 92024 Re: Bond Release - Contract #3224 - James Drive Storm Drain Per instructions from our Engineering Department, we are hereby releasing the followin( bond for the above-referenced project: Faithful Performance Bond No. 30099795 Fidelity & Deposit Co. of Maryland Remaining 25% - $111,874.98 (Warranty) The bond is enclosed so that you can return it to your surety. d*& Assistant City Clerk Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive - Carlsbad, California 92008- 1989 - (61 9) 434-28Ot - ~ITE IT - DON'T SAY (Q. I 1 ! c Date ?A [xi Reply Wanted - To From Karen Kundtz, Assistant City Clerk 0 No Reply Necessary Y) & RE: BOND RELEASE INQUIRY - h,k& &J%k&-- &ad u - 4. )z&z&sd &&-I u- &-) Bond for the above-referenced project. Bond No. -3@5?7?77T Amount #/y, YY+ ~."(k*6. Thanks, PRI x- AIGNER FORM NO 55-032 ~~ Authorize5Li Release e, ~ p Sekior Insdctor RICHAR E.CO@ Principal Inspector i&ITE IT - DON'T SAvCr! Date yA To - aRepiy Wanted From Karen Kundtz, Assistant City Clerk UNO Reply Necessary /J -4 RE:' BOND ELEASE INQUIRY - &.&3%4-- hd u - /jdm&d&. - AhL-..J L2-A- 6L-j Bond for the above-referenced project. Bond No. -3m9777x Amount AY. ~7+ vf(* Thanks, PR J- AIGNER FORM NO. 55032 < i p3 c April 1, 1992 Hubbard Contracting Co. 47 Encinitas Blvd. Encinitas, CA 92024 Re: Bond Release - Project No. 3224 - James Drive Storm Drain Per instructions from our Engineering Department, we are hereby releasing the following bond for the above-referenced project: Labor & Materials Bond No. 30099795 Fidelity and Deposit Co. of Maryland $223,749.950 The bond is enclosed so that you can return it to your surety. LT& Assistant City Clerk Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 I I t I II - DWIV’ I 3AY I r! ,* 1 e%& _- .i Date - To +A- BReoly Wanted From Karen Kundtz, Assistant City Clerk UNO Reply Necessary Re: Bond Release - %..* #& - /fgz&/$%L%LL ckk-z%&T 4- L&. &A& bond for the A Our records indicate that the above-referenced subdivision/project is eligible for release. We need your writ ten authorization/approval for release. Please Let me know the status, and if release is 0.k. Thanks, + -- : &7/& 9- AIGNER FORM NO 55032 Plll NTf Approved : /- Jp I c,., / I /d-/.iZ Project Inspector Date I Approved : Authorized By: /- ; Senior/Inspector , 54/72 pdte A; I: Principal Inspector ‘qi li c li I - UWIV I 3A1 1 ! 6 - D,3te e& ____ _- YD 7’0 +,h- @Rl?ply Wnllted From Karen Kundtz, Assistant City Clerk UNO Reply Necessary %.*#& - 4dhW -@3 e* Re: Uorid Release - L&. &A& bond for tlie 4 Our records indicate tliat tlie above-referenced subdivision/proj ect is eligible for release. We need your writ ten authorization/approval for release. Please let uie know the status, and if release is o.k. Tlianks, +: .- +L/J +d AIGNER FOflM NO 55-032 FlllNl I December 16, 1991 Don Hubbard Contracting Co. 47 Encinitas Blvd. Encinitas, CA 92024 Re: Bond Release - Project No. 3224 - James Drive Storm Draiin The Notice of Completion for the above-referenced project has recorded. Therefore, pr instructions from our Engineering Department we are releasing 75% of the Performanc Bond. Please consider this letter as your notification that $335,624.92 of Fidelity an Deposit Co. of Maryland Performance Bond No. 30099795 is hereby released. We ar required to retain the remaining 25% for a period of one year. At that time, if no claim have been filed, it will be released. The Labor and Materials Bond in the amount of $223,749.95 will be eligible for releas six months from the date of recordation of the Notice of Completion, on March 16, 1992 A copy of the recorded Notice of Completion is enclosed for your records. &+Tz Assistant City erk Enc. c: Yvonne, Eng. Jack Warnock, Robert F. Driver Co., Inc. 1200 Carlsbad Village Drive - Carlsbad, California 92008-189 - (61 9) 434-280 1 Recording requested by: ) e 1 1161 - CITY OF CARLSBAD ) ) When recorded mail to: ) ) City Clerk ) City of Carlsbad 1 1200 Elm Avenue ) . -- ) Space above for Recorder's Use NOTICE OF COMPLETION Carlsbad. CA 92008 Notice is hereby given that: 1. 2. 3. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter desci The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 920C A work of improvement on the property hereinafter described was completed on July 11, 199 The name of the contractor, if any, for such work of improvement is Hlubbard Construction Coml The property on which said work of improvement was completed is in the City of Carlsbad, Cc of San Diego, State of California, and is described as follows: Proiect No. 3224. James Drive : Drain. The street address of said property is NONE. 4. Tip I_ q-+a , aid., rn 4 dl +hq LI ,t t' .ke I of the irndsrsigned is: 117 fee. 8. CI OF CARLSBAD D!;L ~86 LLOYD B. HUBBS City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Calif , 19g, accepted the above described wc 92008; the City Council of said City on September 10 completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true a.nd correct. Executed on September 11 , 1921at Carlsbad, California. CITY OF CARLSBAD l!ldizLd4 Rau? ALETHA L. IRAUTENKRANZ City Clerk EXHIBIT 3 8. .+. September 12, 1991 Annette J. Evans, County Recorder P.O. Box 1750 San Diego, CA 92101-2422 Enclosed for recordation are the following described doc:uments: Notice of Completion - Project No. 3303 Agua Hedionda Lagoon Pump Station The Industri a1 Co., Ind., Contractor Notice of Completion - Project No. 3224 James Drive Storm Drain Hubbard Construction Co., Contractor Notice of Completion - Project No. 3291 Elm Ave./Roosevel t St. Parking Lot Improvements Caves Construction Co., Contractor Our staff has determined that; the recordation of these documents is of benefi to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. &* Assistant y Clerk Encs. ____ _____ .___ -....__ ~_.-__- 1200 Carlsbad Village Drive 0 Carlsbad, California 920C18 0 (61 9) 434-280 . Recording c requested by: ) 0 ab . ) CITY OF CARLSBAD 1 1 When recorded mail to: 1 1 City Clerk 1 City of Carlsbad 1 1200 Elm Avenue ) 1 NOTICE OF COMPLEXION Space i3bove for Recorder’s Use Carlsbad, CA 92008 Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the interest or estate stated below in the property hereinafter descr The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 9200 The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on Julv 11, 199 The name of the contractor, if any, for such work of improvement is Hubbard Construction Comi The property on which said work of improvement was completed is in the City of Carlsbad, Cc of San Diego, State of California, aiid is described as follows: Project No. 3224, James Drive 5 Drain. The street address of said property is NONE. 8. CI OF CAI3LSBAD D) ;& poA- LLOYD 6. HlJBBS City Engineer VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, Calif 92008; the City Council of said City on ~ September 10 , 1991, accepted the above described wc completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September IL, 1991at Carlsbad, California. CITY OF CARLSBAD -fl4!aL,.p ALETHA L. IqAUTENKRANZ Py City Clerk EXHIBIT 3