HomeMy WebLinkAboutErrecas Inc; 2005-08-22;RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED
PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2007-0781691
DEC 19, 2007 1:34 PM
OFFICIAL RECORDS
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PARCEL NO:N/A
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work or improvement on the property hereinafter described was substantially completed on
August 1, 2006 and all punch list work was completed on July 30, 2007.
6. The name of the contractor for such work or improvement is Erreca's, Inc.
7. The property on which said work or improvement was completed is in the City of Carlsbad, County of
San Diego, State of California, and is described as follows: Rancho Santa Fe Road Fill Failure at
Agua Dulce, City of Carlsbad Project No. 1001, FHWA Project No. KJK-CBD-001-2.
8. The street address of said property is in the City of Carlsbad.
Robert
City Engi
VERIFICATION OF CITY CLERK
CITY OfrCARLSBAD
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Council of said City on December 11 , 2007, accepted the above
described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 12 2007, at Carlsbad, California.
OF CARLSBAD ^'"""//,, C.&AK '/,
AB 19,246
Reso 2007-309
LORRAINE M. WOOD
City Clerk
CONTRACT
PUBLIC WORKS
(ERRECA'S INC. - AGUA DULCE LANDSLIDE PROJECT)
RECITALS
1.
emergency work at the Agua Dulce landslide in the vicinity of old Rancho Santa Fe Road.
The City of Carlsbad and Erreca's, Inc. entered into an agreement on May 12, 2005 to perform
2. The parties have been performing under that agreement since that time.
3.
entered into at a later time. This agreement is intended to be the formal construction agreement. It
is intended to replace the May 12, 2005 agreement.
The May 12, 2005 agreement contemplated that a formal construction agreement would be
AGREEMENT
This agreement is made this 2 Nb day of ST , 2005,
by and between the City of Carisbad, California, a municipal corporation, (hereinafter called "City"),
and Erreca's, Inc. whose principal place of business is 12570 Slawhterhouse Canyon Road,
Lakeside, CA 92040 (hereinafter called "Contractor").
City and Contractor agree as follows:
I. Description of Work. Contractor shall perform all work as designed and directed by Testing
Engineers-San Diego, lnc. and Earth Support Systems, Inc. on a time and materials basis as shown
in "Exhibit A," plus the burdened costs of any work performed by subcontractors to Contractor.
2.
equipment, and personnel to perform the work specified by the Contract Documents.
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
3. Contract Documents. The Contract Documents consist of this Contract, Exhibit A, and Labor
and Material 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 and/or specified by the Contract Documents.
4. Payment. For all compensation for Contractor's performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 2003 Edition, and any supplements thereto hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Supplemental Provisions section of this contract. The Engineer
will close the estimate of work completed for progress payments on the last working day of each
month. The contractor will be compensated on a time and material basis as shown in Exhibit A, and
markups on subcontracted work shall not exceed 10%.
5.
conditions that might affect the progress of the work.
Independent Investigation. Contractor has visited the jobsite and is generally aware of
1
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 251 17 of the Health and Safety Code that is required to be removed to a Class
I, Class 11, or Class 111 disposal site in accordance with provisions of existing law.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) 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.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance
with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage
rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to
California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post
copies of all applicable prevailing wages on the job site.
9. Indemnification. The City and Contractor recognize that because of the emergency nature of
the situation, including the unstable nature of the earth in the area, the emergency work entails
significant risks, which could possibly result in further property damage and/or personal injury. The
City has obtained hold harmless agreements from the adjacent landowners which extend to agents
of the City, like Erreca's, Inc. Therefore, as a material inducement for Contractor to undertake the
described emergency work, the City agrees to immediately defend); indemnify and hold Contractor
(including its officers, directors, employees and attorneys) harmless for any and all claims and/or
demands of any type or nature whatsoever that may arise from this work for which the City has
immunity under Govt. Code 865 et. se9. or other applicable provisions of California law, except for
loss or damage caused by the negligence or willful misconduct of Contractor. In no event shall
Contractor be required to indemnify the City, its agents or consultants from any pre-existing claims
asserted by the homeowners association and/or any of its individual members or for claims which
may be asserted after the date of this Agreement but which relate to events that occurred prior to the date of this Agreement.
10. 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 or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive 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 additional insured.
b. Business Automobile Liability Insurance: $1,000,000 combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
2
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and
whether scheduled or nonscheduled. The auto insurance certificate must state the coverage is for
"any auto" and cannot be limited in any manner.
c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits
as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000
per incident. Workers' compensation offered by the State Compensation Insurance Fund is
acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance requimd under
this agreement with the exception of Workers' Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional Ensured as
respects: liability arising olrt of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, empkyees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers' liability coverage.
b. The Contractor's insmnce coverage shall be primary insurance as respects the City, its
officials, employees and dunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor's insurance and shall not
contribute with it.
c.
to the City, its officials, empbyees or volunteers.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided
d. Coverage shall state that the contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(C) Notice Of Cancellatiau. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, 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 mail,
return receipt requested.
(D) Deductibles And Self-lnsured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be dedared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
3
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's
Key Rating Guide of at least A-:V. Insurers must also be authorized to transad the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that insurer to bind coverage
on its behalf. The certificates and endorsements are to be in forms approved by the City and are to
be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1 , Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over
$375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all
claims shall comply with the Government Tort Claim Act (section 900 et seq., af the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
for breach of this agreement. City agrees to complete the meet and confer process within ninety
(90) days of commencement.
(A) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution.
(B) Government Code. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate ignorance of the
false information or in reckless disregard of the truth or falsity of the information.
(C) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney's fees.
(D) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(E) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(F) Debarment fmm Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor
from participating in future contract bidding.
4
(0) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego
County, California.
I have read and understand a!: provisions of Section 11 above. init WL init
12. 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 th e records at Contractor's princiyal place of business as specified above, Contractor shall so inform the City by certified letter accor-ipanying the return of this Contract. Contractor shall noti the City by certified mail of any change c f address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference.
14. Security. Securities in thr fvm of cash, cashier's check, or certified check may be substituted
for any monies withheld by t City to secure performance of this contract for any obligation established by this contract. Ar Aher security that is mutually agreed to by the Contractor and the City may be substituted for mol s withheld to ensure performance under this Contract.
IS. Provisions Required by Law Deemed Inserted. Each and every omitted 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 'ice from either party, the Contract shall forthwith be physically
amended to make such inserti or correction. Contractor shall have the right to a change order if the newly added section has a I ~ ,t impact to Contractor.
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16. Additional Provisions. Any additional provisions of this agreement are set forth in the
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGr,lENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL) CITY OF CARLSBAD, a municipal
ERRECA'S, INC.:
President or vice-president at, ., secretary or assistant secretary must sign for cor
one officer signs, the corpora:ion must attach a resolution certified by the secretary or assistant
secretary under the corporate r9al empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: I Deputy City Attorney
6
State of F6trJIpc
County of spchs &i=m
a personally appeared
(NAMELSI OF SlGNERlSll
gpersonally known to me -OR- 0 -re
ettidmTce to be the person(s) whose narne(s) H/are subscribed to the within instrument and acknowledged to me that &$/&/they execu ed the same in wldr/their authorized capacity( ies), and that bv b&/W/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s). acted, executed the instrument.
Witness my hand and official seal.
(SEAL) fmoc/eddcd-
(SIGNAT#€ OF NOTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE AlTACHED
TO THE DOCUMENT Numberof Pages Date of Document
DESCRIBED AT RIGHT:
Rle or Type of Document
Signerls) Other Than Named Above
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
OPARTNERIS) OLlMlTED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
OGUARDIANICONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Poraonlr) or Entityiier)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
OFFICER(S)
(TITLES)
OPARTNER(S) OLIMITED
OGENERAL
OAT'TORNEY IN FACT
OTRUSTEEIS)
OGUARDlANlCONSERVATOR
OOMER:
SIGNER IS REPRESENTING:
(Name of Personis) or Entity(ies)
WOLCOTTS FORM 63240 Rev. 3-94 (price class 8-2A1 ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATlONrrWO FINGERPRINTS
O1994 WOLCOTTS FORMS, INC. , ~
EQUIPMENT & LABOR RENTAL RATES
(EFFECTIVE 10-2544 DUE TO FUEL INCREASE)
MINIMUM
RATE CHARGE
426 CAT - .................................................................... $
446 CAT - .................................................................... $
3aa~ CAT - .................................................................... $
330CL CAT - .................................................................... $
348 CAT - .................................................................... $
PC400 CAT- .................................................................... $
51308 CAT - EXCAVATOR ................................................ $
ALL COMPACTION WHEELS ........................................................ $
89.00 IHR - 4 HOURS
105.00 IHR - 4 HOURS
140.00 IHR - 4 HOURS
150.00 IHR - 4 HOURS
175.00 RIR - 4 HOURS
175.00 IHR - 4 HOURS
425.00 IHR - 4 HOURS
100.00 /DAY
OMP RS
824C CAT - .................................................................... $ 140.00 IHR - 4 HOURS
834C CAT - .................................................................... $ 190.00 IHR - 4 HOURS
ZERS
D6 R CAT .................................................................... $ 135.00 IHR - 4 HOURS
D8R CAT .................................................................... $ 166.00 IHR - 4 HOURS
DQR CAT .................................................................... $ 195.00 IHR - 4 HOURS
DION CAT .................................................................... $ 235.00 IHR - 4 HOURS
DIOR CAT .................................................................... $ 245.00 IHR - 4 HOURS
DIIN CAT .................................................................... $ 335.00 IHR - 4 HOURS
ADD FOR SLOPE BOARD $ 5.00 IHR - 4 HOURS
ADD FOR LASER ............................................................................ 12.00 IHR - 4 HOURS
............................................................
R TIRED LOADER
936 CAT .................................................................... $ 100.00 IHR - 4 HOURS
95OB CAT .................................................................... $ 110.00 IHR - 4 HOURS
9MIF CAT .................................................................... $ 115.00 IHR - 4 HOURS
966 CAT .................................................................... $ 125.00 IHR - 4 HOURS
980C CAT .................................................................... $ 145.00 IHR - 4 HOURS
988F CAT .................................................................... $ 190.00 IHR - 4 HOURS
992C CAT .................................................................... $ 245.00 IHR - 4 HOURS
PAGE I
EQUIPMENT & LABOR RENTAL RATES
MINIMUM
RATE CHARGE
1400 CAT- .................................................................... $ 120.00 IHR - 4 HOURS
140 CAT - .................................................................... $ 135.00 IHR - 4 HOURS
140H CAT - .................................................................... $ 135.00 IHR - 4 HOURS
14H CAT - .................................................................... $ 140.00 IHR - 4 HOURS
160H CAT - .................................................................... $ 145.00 IHR - 4 HOURS
10H CAT - .................................................................... $ 160.00 IHR - 4 HOURS
16G CAT - .................................................................... $ 150.00 IHR - 4 HOURS
660 CAT - WIBEE GEE ................................................. $ 150.00 IHR - 4 HOURS
ADD FOR EQUIPMENT LASER ..................................................... $ 12.00 IHR - 4 HOURS
613C CAT - .................................................................... $ 130.00 IHR - 4 HOURS
6238 CAT- .................................................................... $ 165.00 IHR - 4 HOURS
6VE CAT - .................................................................... $ 245.00 IHR - 4 HOURS
CRANE
40-TON CRANE .................................................................... $ 185.00 /HR - 4 HOURS
LOW BEDS
5-AXLE LEGAL LOAD .......................................................... $ 89.00 IHR - 2 HOURS
5-AXLE GREEN LOAD .......................................................... $ 94.00 IHR - 2 HOURS
5-AXLE PURPLE LOAD .......................................................... $ 99-00 IHR - 2 HOURS
7-AXLE LOAD .................................................................... $ 124.00 IHR - 2 HOURS
3-AXLE TRACTOR .................................................................... $ 77.00 IHR - 4 HOURS
PILOT CAR .................................................................... $ 46.00 IHR - 2 HOURS
PERMITS STATE, COUNTY, CITY ............................................. $ 55.00 /EACH
PAGE 2
EQUIPMENT & LABOR RENTAL RATES
MINIMUM
RATE CHARGE
FLATBED - 5 CY .................................................................... $ 70.00 IHR - 4 HOURS
IO-WHEEL - 10 CY .................................................................... $ 72.00 IHR - 4 HOURS
IO-WHEEL - IO CY (DEMO) ........................................................... $ 78.00 IHR - 4 HOURS
SEMI-BOTTOM - 20 CY ................................................................. $ 82.00 IHR - 4 HOURS
DOUBLE-BOTTOM - 20 CY ........................................................... $ 82.00 IHR - 4 HOURS
SEMI-END DUMP - LOWSIDE (CONCRETEIACIDIRT ........................ $ 88.00 IHR - 4 HOURS
SEMI-END DUMP - HIGHSIDE (TRASH) .......................................... $ 88.00 IHR - 4 HOURS
ROCK TRUCKS
7698 CAT - OFF HIGHWAY ..................................................... $ 140.00 IHR - 4 HOURS
773 CAT -OFF HIGHWAY ..................................................... $ 175.00 IHR - 4 HOURS
777 CAT -OFF HIGHWAY ..................................................... $ 245.00 IHR - 4 HOURS
WATER TRUCKS I PULLS
2-AXLE 2,500 GAL1 .................................................................... $ 80.00 IHR - 4 HOURS
3-AXLE 4,000 GALLONS ........................................................... $ 90.00 IHR - 4 HOURS
METER CHARGE .......................................................... $ 12.00 /LOAD - 4 HOURS
631 CAT - .................................................................... $ 145.00 IHR - 4 HOURS
651 CAT - .................................................................... $ 165.00 IHR - 4 HOURS
623 W.P. .................................................................... $ 135.00 IHR - 4 HOURS
5x5 ................................................................................... $ 200.00 /DAY
ELEVATED DROP TANKS Il0,OOO GALLONS ................................. $ 2,000.00 IMO -ONE MONTH
STANDPIPES .............................................................................. $ 500.00 IMO
PAGE 3
EQUIPMENT & LABOR RENTAL RATES
MINIMUM
RATE CHARGE
PIONEER 42 x 48 JAW PLANT
NORBERG HP 400 CRANE ........................................................
JCI 3 DECK SCREEN PLANT .....................................................
PLANT BELTS 8 RADIAL STACKER
PLANT MOTOR CONTROL CENTER ...........................................
1000 KW PLANT GENSET .........................................................
..................................................
..........................................
* MONTHLY LEASE
"SEE BELOW"
$ 75,000.00 PER MONTH
*(SET-UP 8 MOBILIZATION NOT INCLUDED)
ER
JOB SITE WHEEL WASHER ....................................................... $ 2,000.00 /HR PER MONTH
................................................................... AIR COMPRESSOR $ 25.00 IHR
AIR TEST EQUIPMENT .............................................................. $ 50.00 IHR
ARROWBOARD - ROOF MOUNTED ............................................. $ 55.00 /DAY
ARROWBOARD - TRAILER MOUNTED .......................................... $ 80.00 /DAY
CHAINSAW .............................................................................. $ 80.00 IDAY
CUT-OFF SAW $ 45.00 /DAY
CUTTING TORCH $ 60.00 /DAY
HAND TAMPER $ 65.00 /DAY
JACKHAMMER ......................................................................... $ 75.00 /DAY
K-RAIL $ 1.00 ILF
LASER .................................................................................... $ 125.00 /DAY
PUMP - 2" ................................................................................ $ 45.00 IDAY
WATER HOSE $ 0.05 ILF
SKYTRAK ................................................................................ $ 100.00 IHR
.......................................................................... ....................................................................... .........................................................................
.....................................................................................
..........................................................................
- 4 HOURS - 4 HOURS - 4 HOURS - 4 HOURS
- 4 HOURS - 4 HOURS
PER MONTH
- PER DAY - 4 HOURS
PAGE 4
EQUIPMENT & LABOR RENTAL RATES
MINIMUM
RATE CHARGE
SUPERINTENDENT .................................................................... $ 85.00 IHR - 2 HOURS
GRADING FOREMAN WIPICK-UP ................................................ $ 82.00 /HR - 4 HOURS
GRADECHECKER WIPICK-UP ..................................................... $ 75.00 /HR - 4 HOURS
GRADECHECKER ...................................................................... $ 61.00 /HR - 4 HOURS
LABORER -WITH TOOLS .......................................................... $ 47.00 IHR - 4 HOURS
CARPENTER FOREMAN - WIPICK-UP .......................................... $ 82.00 IHR - 4 HOURS
CARPENTER W/lOOLS ............................................................. $ 60.00 IHR - 4 HOURS
FLATBED - WIDRIVER ............................................................... $ 65.00 /HR - 4 HOURS
MECHANIC - W/TRUCK .............................................................. $ 87.00 IHR - 4 HOURS
LABORER WmRUCK ................................................................. $ 64.00 IHR - 4 HOURS
UNDERGROUND FOREMAN WIPICK-UP ........................................ $ 81.00 IHR - 4 HOURS
CARPENTERS PICK-UP ............................................................... $ 16.00 IHR - 4 HOURS
UNDERGROUND PICK-UP ............................................................. $ 18.50 IHR - 4 HOURS
EXC.FORE PICK-UP ..................................................................... $ 14.00 IHR - 4 HOURS
*
*
*
*
*
*
*
*
*
*
*
*
*
ACTUAL MOVE CHARGES TO BE DETERMINED AT THE TIME OF THE MOVE WITH A 2-HOUR
MINIMUM.
ON EQUIPMENT RENTED FOR LESS THAN 40-HOURS, THERE WILL BE A MOVE-OUT CHARGE.
ON ALL EQUIPMENT RENTED LESS THAN 8-HOURS, THERE WILL BE AN OPERATOR TIME
CHARGE OF $61 .OO PER HOUR TO BRING THE TOTAL TIME UP TO 8-HOURS.
THERE WILL BE AN OVERTIME CHARGE OF $30.50 PER HOUR FOR OPERATION ONLY ON ALL
AND ON SATURDAYS.
AND DRIVER.
CHARGE OF $47.00 PER HOUR TO BRING THE TOTAL DRIVER TIME TO 8-HOURS.
THERE WILL BE AN OVERTIME CHARGE OF $23.50 PER HOUR FOR THE DRIVER ONLY WHEN
TRUCKS ARE RENTED FOR MORE THAN 8 HOURS PER DAY, BEFORE 7 A.M., AFTER 500 P.M.
AND ON SATURDAYS.
STANDBY TIME WILL BE THE SAME AS REGULAR RATE.
THE ABOVE RATES DO NOT INCLUDE BRIDGE TOLLS OR DUMP FEES.
TIME AND MATERIAL SHALL BE CHARGED AT THE RENTAL RATES PLUS 15%
THERE WILL BE NO RETENTION HELD ON TIME AND MATERIAL WORK.
ON ANY BROKERED EQUIPMENT, ANY FUELING COSTS WILL BE ADDED.
EQUIPMENT RENTED FOR MORE THAN 8-HOURS PER DAY OR BEFORE 7 A.M., AFTER 5100 P.M.
ON ALL TRUCKS EXCEPT LOWBEDS, THERE WILL BE A 4-HOUR MINIMUM CHARGE FOR TRUCK
ON ANY TRUCK RENTED FOR LESS THAN 8-HOURS PER DAY, THERE WILL BE A "DRIVER TIME"
PERMITS FOR MOVES WILL BE EXTRA AS ASSESSED, PLUS PICK-UP CHARGES.
PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.. ***** *****
PAGE 5
BOND NO. SUI009404
LABOR AND MATERIALS BOND
WHEREAS, the ity Council of the City of Carlsbad, State of California, has awarded to ERRECAS
INC., (hereinafter designated as the "Principal"), a Contract for:
AGUA DULCE LANDSLIDE PROJECT
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, ERRECA'S INC., as Principal, (hereinafter designated as the
"Contractor"), and
as Surety, are heid
firmly bound unto the City of Carlsbad in the sum of One Million Five Hundred Thousand Dollars
($1,500,000.00), said sum being an amount approximately equal to: One hundred percent (100%) of
the total amount payable under the terms of the contract by the City of Carlsbad, and for which
payment well arid truly to be made we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these presents.
ARCH INSmCE C€NPANy
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or hislher subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about
the performance of the work contracted to be done, or for any other work or labor thereon of any
kind, consistent with California Civil Code section 3181, or for amounts due under the
Unemployment Insurance Code with respect to the work or labor performed under this Contract, or
for any amounts required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the contractor and subcontractors pursuant to section
13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will
pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be
fixed by the court consistent with California Civil Code section 3248.
This bond shall inure to the benefit of any of the persons named in California Civil Code section
3181, so as to give a right of action to those persons or their assigns in any suit brought upon the
bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the Contract, or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond, and it does hereby waive notice of any change,
extension of time, alterations or addition to the terms of the contract or to the work or to the
specifications.
LABOR & MATERIALS BOND PAGE 1 OF 2
Y I
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
day Executed by CONTRACTOR this sr\ Executed by SURETY this 16
day of 5-f , 2005 of AUGUST ,2005
Ep;REcA'S, INC. mm INSrnrnCE CaMPANy
CONTRACTOR SURETY
(name of Surety) 10755-F SCRIPPS PaqAY PARKWAY #448
7 SAN DIEGO, CA 92131
(sign here) (address of Surety)
858.271.4 3
(print name &x#k here) .~@\
(signature of Attorney-in-Fact)
DANIEL P. DOLE, A'J?IDPm-IN-FAm - (printed name of Attorney-ir+act)
(attach corporate resolution showlng current power
of attorney)
[title and organization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
LABOR & MATERIALS BOND PAGE 2 OF 2