HomeMy WebLinkAboutFortress Fence Co; 1993-02-24; 3900ASeptember 14, 1993
Fortress Fence Co. 4729 Niagara Ave. San Diego, CA 92107
RE: Bond Release - Contract No. 3900A - CMWD No. 92-104 - Construction of 19: Fencing Projects
The Notice of Completion for the above-referenced project has recorded Therefore, per instructions from our Engineering Department, we are hereb releasing Amwest Surety Insurance Co. Performance Bond No. 005003137, in th amount of $22,983.79.
The bond is enclosed so that you can return it to your surety. Also enclosed fo your records is a copy of the Notice of Completion.
Encs.
c: Lynn True, Eng.
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2801
Fkcording requested by: ) a -- 4 3
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CITY OF CARLSBAD
When recorded mail to:
City Clerk 1
City of Carlsbad 1 1200 Carlsbad Village Dr. )
Carlsbad, California 92008 ) Carlsbad, CA 92008 ) Space above for Recorder’s Use
NOTICE OF COMPLETION
Notice is hereby given that:
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The undersigned is owner of the interest or estate stated below in the property hereinafter descr
The full name of the undersigned is Carlsbad Municipal Water District, a municipal corporatior
The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008.
The natw of the title of the undzrsigfled is: In fee.
A work of improvement on the property hereinafter described was completed on April 7, 1993
The name of the contractor, if any, for such work of improvement is Fortress Fence Co.
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: CMWD No. 92-104, Contract
3900A, Buena Vista Reservoir.
The street address of said property is NONE. 8.
CARLSB D MUNICIPAL WATER DlSTRl A*
gob Coates, P.E.
District Engineer
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El Cam
Real, Carlsbad, California, 92008; the Board of Directors of said District on /.5 , 1E
accepted the above cissciibed WGik as campktecj and ordersd that it Nctice cf Ccmplatisn be filed.
TUd2
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ~!LL-.-- I 6 , 19g at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DlSTRlC
EXHIBIT 3
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June 23, 1993
Annette J. Evans
County Recorder Post Office Box 1750 San Diego, CA 92112-4147
RE: NOTICE OF COMPLETION
Enclosed for recordation is the following described document:
Notice of Completion Fortress Fence Co. CMWD NO. 92-104, Contract No. 3900A Buena Vista Reservoir
Also enclosed are instructions on how the city is to be billed fo: the recordation fees incurred.
Thank you for your assistance in this matter.
&@cMc City C er
KRX:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-281
3 0 r,
y Recording requested by:
)
CITY OF CARLSBAD 1
)
When recorded mail to: 1
City Clerk )
City of Carlsbad ) 1200 Carlsbad Village Dr. )
Carlsbad, California 92008 ) Carlsbad, CA 92008 1 Space above for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter de:
The full name of the undersigned is Carlsbad Municipal Water District, a municipal corpora
The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008.
The nature of the title of the undersigned is: In fee.
A work of improvement on the property hereinafter described was completed on April 7, 12
The name of the contractor, if any, for such work of improvement is Fortress Fence Co.
The property on which said work of improvement was completed is in the City of Carlsbad,
of San Diego, State of California, and is described as follows: CMWD No. 92-104, Contr
3900A, Buena Vista Reservoir.
The street address of said property is NONE. 8.
CARLSB D MUNICIPAL WATER DIS % District ob Coates, Engineer P.E.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El (
Real, Carlsbad, California, 92008; the Board of Directors of said District on
accepted the above described work as completed and ordered that a Notice of Completion be fil
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 4-
'TQdc /5--
/ 6 , 19gat Carlsbad, California.
CARLSBAD MUNICIPAL WATER DIS'
ALRHA L. RAUTENKRANZ, Secreta1
EXHIBIT 3
TABLE OF CONTENTS
Itern m
NOTICE INVITING BIDS ..........................................
CONTRACT0 R’S PROPOSAL ......................................
DESIGNATION OF SUBCONTRACTORS ............................ 1
AMOUNT OF SUBCONTRACTORS’ BIDS ............................ 1
EQUIPMENT/MATERIAL SOURCE INFORMATION ................... 1
BIDSECURITYFORM ........................................... 1
BIDDER’SBOND ............................................... 1
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ............. 1
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .... 1
NON-COLLUSION AFFIDAVIT .................................... 1
CONTRACT . PUBLIC WORKS .................................... 2
LABOR AND MATERIALS BOND .................................. 2
PERFORMANCE BOND .......................................... 3(
WARRANTYBOND ............................................. 3:
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ............................... 31
RELEASEFORM ............................................... 3;
SPECIAL PROVISIONS .......................................... 3!
SUPPLEMENTAL PROVISIONS .................................... 51
SAN DIEGO REGIONAL STANDARD PROVISIONS ................... 52
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CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsb
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 2
day of December , 1992, at which time they will be opened and read, f
performing the work as follows:
P
2 CONTRACT NO. 3900A
CONSTRUCTION OF 1993 FENCING PROJECT IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 92-104
The work shall be performed in strict conformity with the specifications as approved by tl
Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on fi
with the District Engineering Department. The specifications for the work include the late
revised edition of the SAN DIEGO REGIONAL, STANDARD DRAWINGS , and Standard Specifications of Public Wor
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designatc
"SSPWC", as issued by the Southern California Chapter of the American Public Wor
Association and as amended by the special provisions sections of this contract. Referen
is hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority ar
women-owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturer
fabricators and contractors to utilize recyclable materials when available and whei
appropriate.
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 required k
law. The bidder's security of the second and third next lowest responsive bidders may b
withheld until the Contract has been fully executed. The security submitted by all othe
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days afte
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectio
22300), appropriate securities may be substituted for any obligation required by this notic
or for monies withheld by the District to ensure performance under this Contract. Sectio
22300 of the Public Contract Code requires monies or securities to be deposited with th
District or a state or federally chartered bank in California as the escrow agent.
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Notice Inviting Bk
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1 The documents which must be completed, properly executed and notarized are:
1. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit
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All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantitic
are approximate and serve solely as a basis for the comparison of bids. The EngineeI
Estimate is $32,200.00
In keeping with the Special Provisions, work shall be accomplished within thirtv (30)
calendar days. Liquidated Damages will be in the amount of $ 250.00
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 numbe
expiration date and classification in the proposal, under penalty of perjury. The followin
classifications are acceptable for this contract: CLASS A OR C-13
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per day.
in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contra4
documents in lieu of the usual ten percent (10%) retention from each payment, the5
documents must be completed and submitted with the signed contract. The escro
agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasin
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbar
California, for a non-refundable fee of $20.00 per set. Carlsbad Municipal Water Distric
Standard Plans and Specifications are available for a non-refundable fee of {N.A.) per se
The Carlsbad Municipal Water District reserves the right to reject any or all bids and t
waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute th
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 of th
Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsba
City Clerk. The Contractor to whom the Contract is awarded shall not pay less than thi
said specified prevailing rates of wages to all workers employed by him or her in thl
execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions o
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code
“Subletting and Subcontracting Fair Practiced Act.”
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 sha
apply to the Contract for work.
A pre-bid meeting and tour of the project site will - will not Xx be held. The meetir
will be held on date: time: location: f
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 th
extension of a unit price, the corrected extension shall be calculated and the bids will b
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out an
typed or written in with ink and must be initialed in ink by a person authorized to sign fc 1 the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day pric
to bidding. Submission of bids without acknowledgment of addenda may be cause c
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and material
suppliers and warranty to cover all guarantees against defective workmanship and material:
or both, for a period of one year after the date of final acceptance of the work by th
District each in an amount equal to one hundred percent (loo%), fifty percent (50%) an
fifty percent (50%), respectively, of the Contract price will be required for work on th
project. These bonds shall be kept in full force and effect during the course of this projec
and shall extend in full force and effect and be retained by the District for a period of on
(1) year from the date of formal acceptance of the project by the District.
Bonds and insurance are to be placed with insurers that have (1) a rating in the most recen
Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business in th
State of California, and (3) are listed in the official publication of the Department c
Insurance of the State of California. Auto policies offered to meet the specification of thi
contract must; (1) meet the conditions stated above for all insurance companies and (2
cover any vehicle used in the performance of the contract, used on-site or off-site, whethe
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insuranc
certificate must state the coverage is for "any auto" and cannot be limited in any mannei
Worker's Compensation insurance required under this contract must be offered by
company meeting the above standards with the exception that the Best's rating conditio.
is waived. The District does accept policies issued by the State Compensation Fund a
meeting the requirement for workers' compensation insurance.
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.
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Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsb;
California, by Resolution No. 818 , adopted on the 10th day of November 1992.
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Date 1 Aletha L. Rautenkrang Secretary I
Notice Inviting Bid!
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CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACTNO. 3900A
CONTRACTOR'S PROPOSAL
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Board of Directors
Carlsbad Municipal Water District
5950 El Camino Real B Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read t
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furni
all labor, materials, equipment, transportation, and services required to do all the work
complete Contract No. 3900A in accordance with the Plans and Specifications of t
Carlsbad Municipal Water District, and the Special Provisions and that he/she wilwe
full payment therefor the following unit prices for each item complete to wit:
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80 Item Approximate
No. Quantitv Description Unit Price Total
1 Ls Prepare site for fence construction, remove and
dispose of existing perim-
eter fencing for a lump cc
sum price of LS $ 1, &oc,. 1. g
2 352 L.F. Construct 6 foot high
'dog eared' cedar fence
with steel posts per
detail on sheet 1 for
a unit price of 43 ~ "i ez ~ r? 6 S-jy- : l
3 1193 L.F. Construct 6 foot high 31 9
$ /2&?? /c7a? $
'wood-link' fence for
a unit price of
Contractor's Prop0
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Item Approximate
No. Q uantitv Description Unit Price Total
4 154 L.F. Construct 6 foot high
chain link fence for a
f unit price of $ $
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5 1 EA. Construct 6 foot high
9 20 foot wide double
’wood-link’ gate for a --7
unit price of $ $ /&c; [GO
chain link gates for AJgG [&e ?bo fJ2
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6 2EA. Construct 6 foot high
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YCI &a=. 16 foot wide double
/---
Total amount of bid in words:
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in tl
Proposal shall include all taxes, including sales and use taxes.
Addendum (a) No(s).
this proposal.
The Undersigned has checked carefully all of the above figures and understands that tl
District will not be responsible for any error or omissions of part of the Undersigned
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract wi
necessary bonds and insurance policies within twenty (20) days from the date of award
Contract by the Board of Directors of the Carlsbad Municipal Water District, the proceec
of the check or bond accompanying this bid shall b come the property of the District.
J, hadhave been received and is/are included
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The Undersigned Bidder declares, under penalty of perjury, that they are licensed to dc
business or act in the capacity of a contrac e State of California and that the
are validly licensed under license number , classification C+d3 '
which expires on //-3c e y'/ . This statement is true and correct and has the lega
effect of an affidavit.
A bid submitted to the District by a Contractor who is not licensed as a contractor pursuan
to the Business and Professions Code shall be considered nonresponsive and shall bc
rejected by the District. 6 7028.15(e). In all contracts where federal funds are involved, nc
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordanci
with California law. However, at the time the contract is awarded, the Contractor shall bc
properly licensed. Public Contract Code 0 20104.
The Undersigned Bidder hereby represents as follows:
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1. That no Board member, officer agent, or employee of the Carlsbad Municipa
Water District is personally interested, directly or indirectly, in this Contraci
or the compensation to be paid hereunder; that no representation, oral or ii
writing, of the Board of Directors, its officers, agents, or employees ha
inducted himher to enter into this Contract, excepting only those containe
in this form of Contract and the papers made a part hereof by its terms; an1
That the bid is made without connection with any person, firm, or corporatio
making a bid for the same work, and is in all respects fair and withou
collusion of fraud.
2.
Accompanying this proposal is
for ten percent (10%) of the amou
The Undersigned is aware of the provisions of Section 3700 of the Labor Code whic
requires every employer to be insured against liability for worker's compensation or t
undertake self-insurance in accordance with the provisions of that code, and agrees t
comply with such provisions before commencing the performance of the work of thj
Contract and continue to comply until the contract is complete.
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Contractor's Propos
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic
2, relative to the general prevailing rate of wages for each craft or type of worker need
to execute the Contract and agrees to comply with its provisions. I.
IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
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(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number) City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP SIGN HERE: - T
Name under which business is conducted
(3) Place of Business t.l729 khA64KA hdE
(4) Zip Code 42 107 Telephone No. lR;(? -dd5-761
(vet and Nu
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Contractor’s Proposa
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IF A CORPORATION, SIGN HERE:
8' (1) Name under which business is conducted
(2) Signature
(3) Title
Impress Corporate Seal hc t (3) Incorporated under the laws of the State of
(4) Place of Business
(Street and Number) City and State 1 (5) Zip Code Telephone No.
NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MU: BE ATTACHED
List below names of president, vice president, secretary and assistant secretary, if
corporation; if a partnership, list names of all gen
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State of California On this theLhdayof December
****Gabriela Zarty****
the undersigned Notary Public, Personally appeared
I! personally known to me
&roved to me on the basis of satisfactory evidence
to be the personm whose name(s) is subscribed tottx?
GENERAL ACKNOWLEDGMENT FORM MBC MlSC 504 (2183)
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DESIGNATION OF SUBCONTRACTORS
(TO ACCOMPANY PROPOSAL)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
making up hisher bid and that the sub-contractors listed will be used for the work for whil
they bid, subject to the approval of the District Engineer, and in accordance with applicab
provisions of the Specifications and Section 4100 et seq. of the Public Contracts Code
"Subletting and Subcontracting Fair Practices Act." No changes may be made in the!
subcontractors except upon the prior approval of the District Engineer of the Carlsbr
Municipal Water District. The following information is required for each sub-contractc
Additional pages can be attached if required:
Items of Complete Address Phone No.
Work Full Company Name With Zip Code With Area Code
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Designation o
Subcontractor
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AMOUNT OF SUBCONTRACTORS' BIDS
(TO ACCOMPANY PROPOSAL)
The Bidder is to provide the following information on the sub-bids of all the listt
subcontractors as part of the sealed bid submission. Additional pages can be attached,
required.
f
Type of State Carlsbad
Contracting Business Amount of Bid
Full Companv Name License & No. License No. * [$ or %)
*
*Licenses are renewable annually. If no valid license, indicate "NONE." Valid license mus
be obtained prior to submission of signed contracts. 1
Amount a
Subcontractor's Bit
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EQUIPMENT/MATERTAL SOURCE INFORMATION
(TO ACCOMPANY PROPOSAL)
The Bidder shall indicate opposite each item of equipment or material listed below, the
name of the one supplier and manufacturer of each item of equipment or material proposed
to be furnished under the bid. Awarding of a contract under this bid will not imply
approval by the District of the manufacturers listed by the Bidder.
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Apyteo.lf+-c L%J&2d,!ek~@ sue 5iiQpd / (-goo -35-2- 5% ?.?a
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[KgXG Cp&v bvds q-gy-62W - &WE
ax6 f-b2&x?d4 &ics
&s lytc PkUSO~~ (Manufacturer)
$5 a@ ,\4 Ld %A woad ( 2.
RWk lpcLcby I b\Wt?&4 e LC
(Manufacturer) 4-
(Manufacturer)
Equipmentmater
Source Informatic
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BID SECURITY FORM
(Check to Accompany Bid)
(Note: The following form shall be used if check accompanies bid:)
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Accompanying this proposal is a *Certified *Cashiers check payable to tl
order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of
1 dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of tk
check shall become the property of District provided this proposal shall be accepted by tl
District through action of its legally constituted contracting authorities and the undersign€
shall fail to execute a contract and furnish the required Performance, Warranty an
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, tk
check shall be returned to the undersigned. The proceeds of this check shall also becon:
the property of the District if the undersigned shall withdraw his bid within the period (
fifteen (15) days after the date set for the opening thereof, unless otherwise required by la!
and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on th
following pages shall be executed--the sum of this bond shall be not less than ten percer
(10%) of the total amount of the bid.
Bid Security For
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Bond NO. 005002580 BIDDER'S BOND
(TO ACCOMPANY PROPOSAL) e
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Fortress Fence Company , as Principal, and
Insurance Compafyas Surety are held and firmly bound unto the CARLSBAI
MUNICIPAL WATER DISTRICT, in an amount as follows: (must be at least ten percen
(10%) of the bid amount)
Amwest Surety
Penal sum not to exceed Two Thousand Five Hundred and OO/lOo ($2
for which payment, well and truly made, we bind ourselves, our heirs, executors anc
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposa
of the above-bounden Principal for:
CONTRACT NO. 390A
CONSTRUCTION OF 1993 FENCING PROJECT
IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 92-104 0
in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall dul
enter into and execute a Contract, including required bonds and insurance policies, withii
twenty (20) days from the date of award of Contract by the Board of Directors of th
Carlsbad Municipal Water District, being duly notified of said award, then this obligatio:
shall become null and void; otherwise, it shall be and remain in full force and effect, anc
the amount specified herein shall be forfeited to the said District. ... ... ... ...
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Bidder's Bon
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In the event Principal executed this bond as an individual, it is agreed that the death of
Principal shall not exonerate the Surety from its obligations under this bond. @
7 vo Executed by SURETY this 3rd his 5 ‘I- 1 December 19 l\? day of 9 192
PRINCIPAL: SURETY:
Fortress Fence Company Amwest Surety Insurance Cornpa -
(Name of Surety) n
Sknature of Att/orn;?y-in-Fact
Cynthia J; Barnett-attorney i
.o&fl&Pv~u;L; i \/3?- ~ - i ‘-f By: BY-
(print name here) printed name of Attorney-in-Fact
’T-- * &‘;- b3r-e5 g&&* 1,- (attach corporate resolution showing 7, .wl. h I& 1 ’\ db(:\\ L
(tide and organization of signatory)
By:
current power of attorney)
(sign here)
(print name here) e
(title of organization of signatory)
, (Proper notarial acknowledgment of execution of Principal 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 sea
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
GENERAL COUNSEL
BY:
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Deputy General Counsel
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Bidder’s Bo1
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NOTARY ACKNQWLEDGh
State of California
Countyof San Diego
On 12-3-92 before me, Corrine Brown (here insert nam
Public, personally appeared Cynthia J. Barnett , personally known to me ((
tc me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instru
acknowledged to me all that he/she/they executed the same in hidherbheir authorized capacity(ies), and that bl
nt the person(s), or the entity upon behalf of which the person(s) acted, exec
~ B ATTORNEY IN FACT - -
THIS CERTIFICATE MUST
BE ATTACHED TO THE
DOCUMENT DESCRIBED Number of Pages: Document Date.
H ERE1 N:
Document Title or Type.
Signer@) other than named above,
& UN-A9016 (7/91) 0
BOND NUMBER POWER NUMBER hCf VALIC FCR 130 CC3fS2678
corporation (the “Company”), does hereby make, constitute and appoint:
CYNTHIA J, BARNETT
AS AN EYPL9YEE OF AYWEST SURETY INStlfiAhCE CCPPCIAY its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company as surety
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings
recognizances or other written obligations in the nature thereof as follows:
Bid Bonds up to $::+::%250,003.00
Ccntract {Performance 8 Payment), Court, Subdiuision $%~1,000,0~
License 8 Permit Bonds up to $~~<:1,000,000,00
WiscelCaneous Bonds up to $:~=>1,0=90,000,00
Saall 38usiness Administrat ion Guaranteed Eonds up to $*%:%+250,00
CERTIFICATE
92 19-
0000152678 - L
3rd December this-..--- day of San Diego Signed and sealed at
Karen G. Cohen. Secretary
ar-d of rtors
This Power of Attorney is signed and sezlcd by facs:rrile under ani by t:le aut:?oriey of the following resolutions zdo
Board of Directors of A:nwesi Su:.ciy Insurcncc Company ai a riccting duly helcl on Deceinbcr 15, 1975:
RESOLVE3. thar :hc ?resicknt or any Vice r'rcside-i. in conjunction with the Secrerar). or any Assistant Secri
:fi:-.cd or limited ic tht.: iystrumer:: evidencing the appoint
'~te 2nd Ccli7;er 2nd afiiix th.e seal of the Company io bl
all kinds; and said oKicers m2.y remove any such attornc
RESOLVED FER7 iER, that any bond, u:.der:zkirg, recognizznce. or suretyshi? o3:i:;aticn shall be valid ar.d bir
may appoint altomcys-ir.-!a:t or cgcnis \\.ilh cuthori:y a
in each czse, for and cn 'xh~l." oC tlic (hnpaiiy, tc
undertakings, recogniza:.ccs, ani suretyship cb:igation
fact or agent 2nd rcvoke my poiver of airorr.cy prc\.>ous:y granted io wch person.
upon the Corrpany:
(i) wken sigr,ec .by the ?resident or azy Vice ?resident and z::estec and sealed (if a sed be recpired: by any
Secretary or i\ss:';tant Sccrciar),; 01
(ii) when signed 5y I-.c Prcsidc:.t or an>- Vic,c esident o: Secrerar).. or As:;ist:ir.: Secres,z.iy. acd cour.tersigned
az.d sea!cc (if ;i seal he requlrcd) by a d: zuihorizcd a;torncy-in-kt or agcn:; or
(iii) Tvhen duly executd a-d sealed :if z seal he required) by cne or rio:pr attorneys-in--fact or zgents pursuant
to and w:th;n 11-.c lirrits of thc aut:-.ority erced by the power of s.::orney issiied by the Company to
such pcrson or pc-sons.
XESOLVED FLRTI IliIi, [::at tne s z:urc of aiv auihorizcd officer ard :he seal of ikc (:ompaF.y may be af;"xe
facsimile :o any paws of z:iorney or ce
recognizance, or other su:-ctys:li? obligatio
same force and eifect as :bough manczl:y affixed.
of a-thcrizing :he execuiion and delivery of any bond, underta
ornpr.y; and such signature and seal .\\.hen so used shall hav
IN WITNESS WHEREOF, Amwest Surety Insur-ance Corrpany has caused t:iese presents :a be sigr,ed by its proper o
its corporate seal to be liere..ir.ic :ifhcd this 1st day of .:)cc-ernber, 1990.
,,,\\\\\i"!'liiiii,// ,$ T-4 \.?.??? P&,% "// &?::;+ o'94.'.. c.%- S%,' G *., o : ?&:$ flbtY I, o':os
53 .. +$.';." 2 > ~ % 94 6- ... ........ ,FOR,, , . $$
/// \,Q+
"///li,,~ll ,, ill\\\\\\
.? -
2 UJ :, 7975 : :I= b = f L.&g< =m:
A' 1
STATE OF CALIFORKIA, CO;INIY OF LOS ASSF.:_ES
On this 1st clay oi Dccenibc:-, 1993, personally cam? bcfore me John E. %\,age anti Karcn G. Cohen, to me knowr
ir.diTriduals and officers of Am uted the ab()\,<: instruiner:, 2nd they have acknow
exccution of the same, anL lxi d say :hai. they arc the s;iid cfficers of the corporaiio
and the: thc scal affixed to the ahve iis;rumcnr is ihc scz. o i!ic cor;xmtion, ar,d t jaid corporzitc sezl and their signatu]
officers were duly affixed and subsxi'iicd to kc scid irsrsccnt by ihc a:ihclriLy of the I3ozrti cf Directors of said corpor
Su--cty Inscrancc Corn
' nic duly swoi-n, did sc-,
---*-
___._
7- ,- hk%L?:?!.O: hit the Presidex or azy
may appoiiil aimriieys-ir,-%c:. or agents wil_?
in each. cas?, !or and on behali of the Co
undertakiiigs, recognizances, ad surety&:
:act or age::'. and revoke an)' power of att
RESOLVED FCRTHER, that any barl
upox the Company:
.lent: in conf:xiction x
.5 deiined or limited i
xei:cie ad deliver ami
ine 5ecre;ai-y or ani' Assistant Secre:a
evtdencing the ai)?ointin
01 the Company :o Son
ids; and sa;c', oii'lcers mzy :crio\-e ail): such si~orcey-
ed to s;ch perso-2.
g, recognizance; or SUX~ tion shd ;x val1.d and bind
(i) 'w?en s:gned. by the Presider.: or my V;ce ?resident ancl axested arid sea:ed (if 2 sea! be rec,uirec!) by any
Seciwary or Asisrant Secreia
(ii) when signed jp the k-esidel: and ct:ui:ersigned
cad sealed (ii a seal be requreci) by
(iii) when drdy execured and sealed (if a s
!o and wirhin the imi:s oi the autho
sucn pei-so~ or p~rsons.
'\)-ice ?resider,t or Secretary or ;4ssis
horized attorney-in-fact
ired) by one or inore at oi- age-nis pursxani
ed by the power of attone,
-7 - -,- K~SJLVE~ FCSIi-IE~3, that the sig:;dm:-c ol horized officer and ihe seal of ?T Co:iipany ma>' be affixed
kdCS!lTllilz :O 2iP.)' p r of attorney or cerriEc horizing the execu:ion arid c.eil!:cq ci an>' 'sor,cl, ur.der:aki
recon7.-,. bi~arLL~~~ >,.I or other suretyinip obiigaiior iy; and such sip!ture ani sed wlen so used shall
sane force and effect as though manually
TK W!?'SESS LVHEIIZOF, Ainwest Surety Tiisxrai-.ce ZCornpa ,zs caused these i)reser::s :c :X signed by i~s p?er oih
its corporate seal to be here-mto affixed [his 1s; clay of ikcember, tS90.
.- - =m: :ss
29 ... 0
///
5 10 '.. 7975 :2$
%%i.. 4< ,F &+$ L Karei: G. Colicn,
/'//I/,ii j j j I, ,,\\\\\\\\
\." +, ...._..'
STATE OF CALIFC?III<IA, CCUNTY OF; LOS AKGELES
On this 1st day of December, 1990, personally cane before me John E. Savage and Kare-; C. Coheri, to me known tl
individuals ancl ofiicers of ihwest Surety Insurance Co ny, dno executed the ab,me ins:rurneni, and they have acknowlec
execution of the same, and 1:eir.g by me cliily sworn, did s i!y depcse and say that they are rhe said ofricers of :he corporation i
and that the seal affixed :o [:?e abo:ie instrument is the seal of the ccrpcrzion, andt that sai6 cqmra:-e seal and their signature5
officers were duly affixed and sJbi:cr,bed to the said instrmxr: by the authority of :he Board of Directors of said corporat-
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BIDDER’S STATEJMENT OF FINANCIAL RFSPONSIBILRY
(TO ACCOMPANY PROPOSAL)
Bidder submits herewith a statement of financial responsibility:
F
”--
7- /Yzb &c;zT -&UL,h‘ ~
Bidder’s Statement (
Financial Responsibilil
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FORTRESS FENCE CO.
P.O. BOX 81041
SAN DIEGO, CALIFORNIA 92138
State Lic. #606863
b
(61 9) 225-8040 (71 4) 676-1 669
FAX 223-7696 FAX 676-6116
8
GENERAL PARTNERSHIP STATEMENT OF INCOME JULY 31, 1991
CASH RECEIPTS 223,835.26
LESS COST OF SALES
Material 103,830.67
Labor 35 9 854 -41
TOTAL COST OF SALES 139,685.08
GROSS PROFIT 84,050.18
LESS EXPENSES
Bonding Expenses 1,689 Insurance 6,733 -89
Travel & Gas 4,757 65 Car & Truck 2,290.4.7 Rent Equipment 6,804.19 2,212.70 Interest Accounting, Office & Advertising 1,344.76
Taxes & License 2,755 Telephone & Pagers 2 , 485 - 79
Plans & Federal Express 291 =43
TOTAL EXPENSES 31,364.79
NET INCOME 52685 -39
0
FORTRESS FENCE COMPANY
GENERAL PARTNERSHIP
STill'EMEN'T OF INCOME e DECEMEER 31, 1991
EXHIBIT C
L991
292 , 615 CASII RECEIPTS I_
LISS cosr OF SALES
Ma t e r i a 1 152,968
1,aImr 23,173
'YOTAL COST OF SALES 176,141
--- GI<OSS Pr<oP IT 116,474
-
1,I:SS EXPENSES
Bonding Expense 10,888
--
Insurance 10,439
Depreciation 8,139 'I' r <I v e 1 6,840
Rent 4,441
Interest 3,664
Account i ng 2,272
'I'ax & License 1,827
Advertising 1,367
Equ i pmen t Re n t 35G
58,757
Car & Trucl; 5,789
'i'elephone & Pager 2,148
Plans & Fed. Express 587
T 0'1' AT, I< X P E N S E S
NET INCOME 57,717
'i'ile accompanying notes are an i nteyral part of this statement
Prepared Without Audit - Set. Compilation Letter
a
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(TO ACCOMPANY PROPOSAL)
The Bidder’s is required to state what work of a similar character to that included in thl
proposed Contract he/she has successfully performed and give references, with telephon
numbers, which will enable the District to judge hisher responsibility, experience and skill
An attachment can be used.
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Bidder’s Statement
Technical Ab& lOt20192 Re
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NON-COLLUSION AFFIDAVIT
(TO ACCOMPANY PROPOSAL)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
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I The Bidder shall fill in the three blank lines below with:
1.
2.
3.
The name(s) of the person(s) signing this bid on behalf of the Bidder.
The title(s) of the person(s) signing this bid in relation to the Bidder.
The legal name of the Bidder.
State of California 1
County of 1 ) ss.
1 bT j
being first duly swor E 15 i(- h .-J (Y? - (Name(s) of Person(s) Signing this Bid on Behalf of the Bidder) -
7”” I * ‘ id e i (, d p& &*I, f{YL deposes and says that he or she is C’ -’b 1
(Title(s) of the Personjs) Signing this Bid in
Relation to the Bidder) I the par
making the foregoing bid that the bid is not made in the interest of, or on behalf of, a
undisclosed person, partnership, company, association, organization, or corporation; that tl
bid is genuine and not collusive or sham; that the bidder has not directly or indireci
induced or solicited any other bidder to put in a false or sham bid, and has not directly
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put
a sham bid, or that anyone shall refrain from bidding; that the bidder has not in a
manner, directly or indirectly, sought by agreement, communication, or conference wi
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, prof
or cost element of the bid price, or of that of any other bidder, or to secure any advanta
against the public body awarding the contract or anyone interested in the proposed contrac
that all statements contained in the bid are true; and further, that the bidder has nc
Non-Collusion Affidat
10120192 R
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directly or indirectly, submitted his or her bid price or any breakdown thereof, or t
contents thereof, or divulged information or data relative thereto, or paid, or will not p;
any fee to any corporation, partnership, company association, organization, bid deposit0
or to any member or agent thereof to effectuate a collusive or sham bid.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the rig1
power, legal capacity and authority to enter into and declare under penalty of perjury th
the foregoing is true and correct, and that this affidavit was executed on behalf of t
19lcat $?L I?&Z County, in the State of
t
Bidder, and have set their names, titles, and signatures hereon, this - 7 Tk day of &Cm
BIDDER: ')=&! \-- +:~5 e 3 +PA.2C--?
I Q.-?a~i~~~~c+
PROJECT: 1993 FENCING PROJECT - CMWD PROJECT NO. 92-104
.-
0
Name 5- J. (k\ 5;
Signatures must be made, and Notary Acknowledgements of execution of Bidder must k
attached.
To be submitted as part of the Bid Documents.
I declare under penalty of perjury tha affidavit was executed on the -7 rA day o
Subscribed and sworn to before me on t I (NOTARY SEAL)
NO;A,Y ?L;L:C-CX~J~OP~:A
Non-Collusion Affidavi
10/20/92 Re7
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City of Carlsbad
Purchasing Department
Representation and Certification *
The following representation and certification are to be completed, signed and returned with propos
REPRESENTATIONS: Mark all applicable blanks.
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
I am current1 certified b : City of San
Certaication#: Small Business & Mi
Pending -Pin No. IC
WYO CERTI~ICAUDN NU .-
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offeror repre
part of this offer that:
This firm is x , is not
minorlty business.
This firm is x , is not
woman-owned business.
DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: 'Minority business is a business of which at least 51
Business' is defined as a business, at least 51 percent of 0 which is owned, operated and controlled by minority
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (i.e., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTl FICATION:
The information furnished is certified to be factual and correct as of the date submitted.
WOMAN-OWNED BUSINESS: A WOW
owned, controlled and operated by a woman (
Controlled is defined as exercising the powe
policy decisions. Operation is defined a
involved in the day-to-day management.
FORTRESS FENCE CO. EMILY C. RICH
COMPANY NAME NAME
4729 niagara Ave. Partner - Administrator
ADDRESS
'lTLP rc3 , /- J ge&ez San Diego, CA 92107 //&
CITY,STATE AND ZIP SIGNATURE J a (619) 223-7696 2/1/93
TELEPHONE NUMBER DATE
12/92
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CONTRACT - PUBLIC WORKS f
This agreement is made thi&$ay of +, , 19@by and between the Carlsbz
Municipal Water District of Carlsbad, Califor a, a municipal corporation, (hereinaft
called "District'l), and Fortress Fence Co. who; principal place of business is 4729 Niagara Avenue San Diego CA 92107
(hereinafter called "Contractor".)
District and Contractor agree as follows:
1.
I
Description of Work. Contractor shall perform all work specified in the Contra
Documents for:
CONSTRUCTION OF 1993 FENCING PROJECT
IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 92-104
(hereinafter called "project".)
Provisions of Labor and Materials. Contractor shall provide all labor, material
tools, equipment, and personnel to perform the work specified by the Contra
Documents.
Contract Documents. The Contract Documents consist of this Contract, Notic
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractor
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusic
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, tl
Special Provisions, and all proper amendments and changes made thereto i
accordance with this Contract or the Plans and Specifications, and all bonds for th
project; all of which are incorporated herein by this reference.
Contractor, herbis subcontractors and materials suppliers shall provide and insta
the work as indicated, specified, and implied by the Contract Documents. Any iten-
of work not indicated or specified, but which are essential to the completion of th
work, shall be provided at the Contractor's expense to fulfill the intent of sai
documents. In all instances through the life of the Contract, the District will be th
interpreter of the intent of the Contract Documents, and the District's decisio
relative to said intent will be final and binding. Failure of the Contractor to appris
subcontractors and materials suppliers of this condition of the Contract will n(
relieve responsibility of compliance.
2.
3.
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Contract - Public Wor
10/20/92 Re
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4. Pavment. For all compensation for Contractor’s performance of work under th
Contract, District shall make payment to the Contractor per Section 9-3 of tl
Standard SDecifications for Public Works Construction (SSPWC) 1991 Edition, ar
the latest supplement, hereinafter designated “SSPWC”, as issued by the Southe;
California Chapter of the American Public Works Association and as amended 1
the special provisions section of this contract. The closure date for each month
invoice will be the 30th of each month. Invoices from the Contractor shall 1
submitted according to the required District format to the District’s assigned projet
manager no later that the 5th day of each month. Payments will be delayed
invoices are received after the 5th of each month. The final retention amount sha
not be released until the expiration of thirty-five (35) days following the recordi1
of the Notice of Completion pursuant to California Civil Code Section 3184.
Independent Investipration. Contractor has made an independent investigation of tl
jobsite, the soil conditions at the jobsite, and all other conditions that might affe
the progress of the work, and is aware of those conditions. The Contract pric
includes payment for all work that may be done by Contractor, whether anticipatt
or not, in order to overcome underground conditions. Any information that mi
have been furnished to Contractor by District about underground conditions or otht
job conditions is for Contractor’s convenience only, and District does not warrai
that the conditions are as thus indicated. Contractor is satisfied with all jc
conditions, including underground conditions and has not relied on informatic
furnished by District.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsib
for all loss or damage arising out of the nature of the work or from the action of tl
elements or from any unforeseen difficulties which may arise or be encountered :
the prosecution of the work until its acceptance by the District. Contractor shall al:
be responsible for expenses incurred in the suspension for discontinuance of tl
work. However, Contractor shall not be responsible for reasonable delays in tb
completion of the work caused by acts of God, stormy weather, extra work, c
matters which the specifications expressly stipulate will be borne by District.
t
5.
6.
7. Cal OSHA Permits. Contractor will obtain permits from Cal OSHA if require(
including but not limited to, permits for excavations over four feet deep. I
8. Hazardous Waste or Other Unusual Conditions. If the contract involves diggir
trenches or other excavations that extend deeper than four feet below the surfac
Contractor shall promptly, and before the following conditions are disturbed, noti,
District, in writing, of any:
A.
I
Material that Contractor believes may be material that is hazardous waste, a
defined in Section 25117 of the Health and Safety Code, that is required t
be removed to a Class I, Class 11, or Class 111 disposal site in accordance wit
Contract - Public Worl
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provisions of existing law.
Subsurface or latent physical conditions at the site differing from thc
indicated.
Unknown physical conditions at the site of any unusual nature, differe
materially from those ordinarily encountered and generally recognized
inherent in work of the character provided for in the contract.
B. f
C.
District shall promptly investigate the conditions, and if it finds that the conditio
do materially so differ, or do involve hazardous waste, and cause a decrease
increase in contractor’s costs of, or the time required for, performance of any pa
of the work shall issue a change order under the procedures described in tk
contract.
In the event that a dispute arises between District and Contractor whether tl
conditions materially differ, or involve hazardous waste, or cause a decrease
increase in the Contractor’s cost of, or time required for, performance of any pi
of the work, Contractor shall not be excused from any scheduled completion da
provided for by the contract, but shall proceed with all work to be performed und
the contract. Contractor shall retain any and all rights provided either by contra
or by law which pertain to the resolution of disputes and protest between tl
contracting parties.
Change Orders. District may, without affecting the validity of the Contract, ordl
changes, modifications and extra work by issuance of written change order
Contractor shall make no change in the work without the issuance of a writtt
change order, and Contractor shall not be entitled to compensation for any ext
work performed unless the District has issued a written change order designating
advance the amount of additional compensation to be paid for the work. If a chaq
order deletes any work, the Contract price shall be reduced by a fair and reasonab
amount. If the parties are unable to agree on the amount of reduction, the wo
shall nevertheless proceed and the amount shall be determined by litigation. TI
only person authorized to order changes or extra work is the Project Manager. TI
written change order must be executed by the Executive Manager or the Board
Directors, as allowed by law and according to the latest procedures adopted 1
resolution of the board.
Immigration Reform and Control Act. Contractor certifies he is aware of th
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectior
1101-1525) and has complied and will comply with these requirements, including, bi
not limited to, verifymg the eligibility for employment of all agents, employee
subcontractors, and consultants that are included in this Contract.
9. -
10. -
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11. Prevailing Wage. Pursuant to the California Labor Code, the director of
Department of Industrial Relations has determined the general prevailing rate of
diem wages in accordance with California Labor Code, Section 1773 and a cop^
a schedule of said general prevailing wage rates is on file in the office of
Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Califor
Labor Code Section 1775, Contractor and all subcontractors shall pay prevail
wages. Contractor shall post copies of all applicable prevailing wages on the job s
For this contract, eight hours shall constitute a legal day’s work. Work beyond ei-
hours shall be paid at a rate not less than one and one half times the prevailj
rates. Wage rates for Sundays and holidays shall be paid at a rate not less than t
times the prevailing rates. The holidays upon which such rates shall be paid shall
all holidays recognized in the collective bargaining agreement applicable to I
particular craft, classification or type of workers employed on the projects.
Indemnification. Contractor shall assume the defense of, pay all expenses of defen,
and indemnify and hold harmless the District, and its officers and employees, frc
all claims, lawsuits or judgements for any loss, damage, injury and liability of eve
kind, nature and description, directly or indirectly arising from or in connection wi
the performance of the Contractor or work; or from any failure or alleged failure
Contractor to comply with any applicable law, rules or regulations including tho
relating to safety and health; except for loss or damage which was caused solely 1
the active negligence of the District; and from any and all claims, loss, damagt
injury and liability, howsoever the same may be caused, resulting directly or indirect
from the nature of the work covered by the Contract, unless the loss or damage Wi
caused solely be the active negligence of the District. The expenses of defen:
include all costs and expenses including attorneys fees for litigation, arbitration, (
other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contrac
insurance against claims for injuries to persons or damage to property which ma
arise from or in connection with the performance of the work hereunder by th
Contractor, his agents, representatives, employees or subcontractors. Said insuranc
shall meet the District’s policy for insurance as stated in Resolution No. 772.
(A)
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13.
COVERAGES AND LIMITS - Contractor shall maintain the types c
coverages and minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per occurrence for bodily injury anc
property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks foi
which the District or its agents, officers or employees are additionai
insureds.
Contract - Public Works
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2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury
property damage. In addition, the auto policy must cover m veh
used in the performance of the contract, whether used onsite or offr
whether owned, nonowned or hired, and whether scheduled or n
scheduled. The auto insurance certificate must state the coverag!
for "any auto" and cannot be limited in any manner.
f
I 3. Workers' Compensation and Emplovers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of
State of California and Employers' Liability limits of $1,000,000 1
incident. Worker's compensation offered by the State Compensati
Insurance Fund is acceptable to the District.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies
insurance required under this agreement contain, or are endorsed to conta
the following provisions. General Liability and Automobile Liabil
Coverages:
1. The District, its officials, employees and volunteers are to be covert
as additional insureds as respects: liability arising out of activiti
performed by or on behalf of the Contractor; products and complett
operations of the contractor; premises owned, leased, hired 1
borrowed by the contractor. The coverage shall contain no speci
limitations on the scope of protection afforded to the District, i 1 officials, employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance i
respects the District, its officials, employees and volunteers. AI,
insurance or self-insurance maintained by the District, its official:
employees or volunteers shall be in excess of the contractor's insuranc
and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shal
not affect coverage provided to the District, its officials, employees o
volunteers.
Coverage shall state that the contractor's insurance shall applj
separately to each insured against whom claim is made or suit i:
brought, except with respect to the limits of the insurer's liability.
3.
4.
1
(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 the date of completion of the work.
Contract - Public Works
10ROP2 Rev.
1.
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8
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(D) NOTICE OF CANCELLATION - Each insurance policy required by th
agreement shall be endorsed to state that coverage shall not be suspendel
voided, canceled, or reduced in coverage or limits except after thirty (3(
days’ prior written notice has been given to the District by certified ma;
return receipt requested.
t
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS
Any deductibles or self-insured retention levels must be declared to an
approved by the District. At the option of the District, either: The insure
shall reduce or eliminate such deductibles or self-insured retention levels i
respects the District, its officials and employees; or the contractor sha
procure a bond guaranteeing payment of losses and related investigatioi
claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required undc
this agreement shall contain a waiver of rights of subrogation the insurer me
have or may acquire against the District or any of its officials or employee
(G) SUBCONTRACTORS - Contractor shall include all subcontractors a
insureds under its policies or shall furnish separate certificates an
endorsements for each subcontractor. Coverages for subcontractors shall b
subject to all of the requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure]
that have a rating in Best’s Key Rating Guide of at least A-:V, and ar
authorized to do business within the State of California and are included i
the official publication of the Department of Insurance of the State c
California as allowed under the standards specified by the Board of Director
in Resolution No. 772.
VERIFICATION OF COVERAGE - Contractor shall furnish the Distric
with certificates of insurance and original endorsements affecting coveragl
required by this clause. The certificates and endorsements for each insurancl
policy are to be signed by a person authorized by that insurer to binc
coverage on its behalf. The certificates and endorsements are to be in form
approved by the District and are to be received and approved by the Distric
before work commences.
COST OF INSURANCE - The Cost of all insurance required under thi
agreement shall be included in the Contractor’s bid.
I
(F)
(H)
(I)
(J)
14. Claims and Lawsuits. All claims shall comply with the Government Tort Claims Ac
(Section 900 et seq of the California Government Code) for any claim or cause o
action for money or damages prior to filing any lawsuit for breach of this agreement
All claims by Contractor for $375,000 or less shall be resolved in accordance with thc
provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.:
.
Contract - Public Work
101’20192 Rev
I.
I
1 (commencing with Section 20104) which are incorporated by reference.
Maintenance of Records. Contractor shall maintain and make available at no c(
to the District, upon request, records in accordance with Sections 1776 and 1812
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maint:
the records at Contractor’s principal place of business as specified above, Contracl
shall so inform the District by certified letter accompanying the return of t
Contract. Contractor shall notify the District by certified mail of any change
address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wj
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
substituted for any monies withheld by the District to secure performance of tl
contract for any obligation established by this contract. Any other security that
mutually agreed to by the Contractor and the District may be substituted for moni
withheld to ensure performance under this Contract.
Affirmative Action. The Carlsbad Municipal Water District is an equal opportunj
employer.
15. t
1
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17. e
18.
... ..,
f.. ... ... ... ... .., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ,.. .. ...
Contract - Public Wor
10i20192 Re
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19. Provisions Required by Law Deemed Inserted. Each and every provision of law ar
clause required by law to be inserted in this Contract shall be deemed to be insertc
herein and included herein, and if, through mistake or otherwise, any such provisic
is not inserted, or is not correctly inserted, then upon application of either party, tl
Contract shall forthwith be physically amended to make such insertion or correctio
f
FORTRESS FENCE CO.
NOTARIAL ACKNOWLEDGMENT OF Con tractor EXECUTION BY ALL SIGNATORIES 1 . Emily C. Rich
MUST BE ATTACHED 2. Joseph E. Rich
Pr’ t Name of S’ atory & t;: fly L( )(
4 /,- dp ,Id
(CORPORATE SEAL)
1. Q”..@ai,- L rc- {e%2;
2. J + 4 ]L-,/-/ <
L Sjgn&ure of Signatory u
\, l 1. Partner, Administrator
2. Partner, Supervisor, license
APPROVED TO AS TO FORM:
RONALD R. BALL
Title
k General Counsel Print Name of Signatory
By:
b Signature of Signatory I 9 i [Ld
(
Deputy General Counsel Title
CARLSBAD MUNICIPAL WATEl
Board of Directors
1 ATIEST:
&GC7&/ &?!.a
ALETHA L. RAUTENKRANZ
Secretary
Contract - Public Worl
lOf’2Ot92 Re
I*
I4 i
~ CKPACITY CLAIMED BY SIGNER SIGNER REPRESENT11
~ 0 INDIVIDUAL(S) y PARTNER(S) 0 GUARDIANCONSERVATOR NAME OF PERSON(S) OR Eh Q , 0 CORPORATE 1 ATTORNEY IN FACT rJ OTHER .-~ - \&-j&&yj &k%*g
_______ ____-- ____ - OFFICER(S) [1 TRUSTEE(S) 0 SUBSCRIBING WITNESS __- -_ - -___--
ATENTION NOTARY. Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certiflc
_______ .___ - __ THIS CERTIFICATE MUST
BE AlTACHED TO THE
DOCUMENT DESCRIBED
HEREIN.
Document Title of Type
Number of Pages ___- Document Date
Signer(s) other than nameu abovt
WOR AND MA7T5RIAX.S BOm Bond NO. 01 e...
WHEREAS, the Board of Directars of thc Carlsbad Municipal Water Disbirt, Stz
California, by Resolution ~a.. 828 1 adopted January 5, '943
awarded to &QrtWsS Fence Co. qlll (hereinafim+ desQ
as the "Priacipal"), a Contract, for; -
CONmWmON 0%; 1993 FTZNCING IPRBJEm IN 'THE CITY OF CARU
._ Cl"D PROJECT NO. 92-104
in the Carlsbad Municipal W'ater District, in strict cnafrzrmity with the drawing!
specifications, and onher Cantract Dwunncnts now an file in the Office of the Secret; the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all ~f 1 are. incorpsrated herein by this reference.
WHEREAS, Principal bas executed or is about to execute said Contract and the
thereof require the furnishing bgf a bond, providing that if PrEiieipal UP any of
submmtractrprs shall fail to pay far any materials, provisions. provender or other suppl
teams used in, upon or nbsut the performance of the work agreed to be done, or €6
work or labor done there of any kind, the Surety on this borid will pay the same 1 extent hereinafter set forth,
NOW, THEREFORE, WE,
Principal (hereinafter desigmted as the '1Contractor'')l and
-
k
7
Fortress Fence CB.
as Surety, are held €imly bound unto the Carlsbad Municipal Water D
1, said sum being fif@ percent (50%) 4
estimated amount payable by the Carlsbisd hlunicipal Water District under the terms t
Contract, far which payment well and truly to be made we bind QUP.S~%V~S, our
executors and administrators. successors, or assigns, jointly and severalty, firmly by
presents.
TME CBNDILTTON OF 'FHIIS OBLIGATION IS SUCH that if the person or h
subcon tractors fail to pay for any materials, provision, provender, supplies, or teams
in, upon, for, or about the performance of the work contracted to be done, or for any
work or Paber thereon of any kind, or f5r amounts due under the Unemployment Imu
Code with respect to swh work or labor, or for any amounts due under the kmemploq Insurance Code with re5pact to such work or labor, or for any am~utlts required
deducted, withheld, and paid over to the Employment Development Department fro
wages of employees of time contractor and subcontractors pursuant to Section 13020 I Unemployment Inswance Code with respect to such work and labor that the Surety w
for the same, not to exceed the sum specified in the bond, and, also, in case suit is br
upon the bond, casts and reasonable expenses and fees, jncluding reasonable attorney'!
to be fixed by the court, ar required by the provisions of Section 3248 of the Californiz
Code.
in fie ~um of Eleven tlho~~snd four h~r~drad ninety One and !36/tQQ
DCPIIm qs 17 3 491 * 90
c -
-7
_-
-
-
Labor and Matcnal
lOf20fi
0
-.
__
-_
‘Fhk bod dxd inure f@ the benefit sf any and ail persons, companies and coqorati
entitled tQ file claims under Title 15 of Part 4 of Division 3 of the Civil Code (comm~wb:
In the event that Contractor I’s an individual, it is agreed that the death of any $1 Contractor shall nst exonerate tlae Surety froin its obligatisns under this boned.
m
- with Section 3082).
day Executed by CQNTRACTOR this
day sf P IL.2 9 1?&.+
CBrnRACTBR: SUREV:
Ekecuted 13 SURE= pp 1st Februarg
-west Surety Insurance Corn1 Fortress Fence CO. -
,--. (Naaade Qf SUreq)
B _--
1% Cynthia J. Barnett -
r+ Printed IIWRI~ IT$ Att~i~ey-in-F~ct
-- (attach corporate resolution Sthg)8Nil
current power of att~mey) 0 ?.
By: -. .
(sign here)
I - -
(print name here)
t
_a
(title md organization sf signatary)
(Proper BLQ~R~~ aeknswkdge of execution by CONTRALTQR and SWREI’Y KIMS~ ix att;ached.)
(freesidmt orvice-pmTideut md wcrrratp, or ,~ssisfsnt secretav must sign for coqsoratioras. Bfoinly om officer sign
the corpuralicpz must attach a resoslution certified by the secretary or assastant sccrctary under capm;htc se;
empowesng that &%X ta bind the corporatiotn.)
-a ‘r
I -
APPROVED AS TO FORM:
RONKD R. BALL
L
I
9 /e& --
L
W 0 Deputy Ge~teral Counsel
* I,ahr and Metcraals bns
IOflO/pZ Rev
w
NOTARY ACKNOWLEDGR
State of CALIFORNIA
(here insert name
personally known to
(s) IS are subscribed 4 tob me on the basis of sat
that by his/her/their srgnature(s) on the instrument the person(s), or the en
executed the instrument.
OTHER -_ -~ _____ ATTORNEY IN FACT
_. - - - _- - --_ -
______ - _ .____~____ ________-_____- ____ __
BE ATTACHED TO THE
DOCUMENT DESCRIBED Number of Pages . -._ - Document Date
Signer(s) other than named dbwe ____________
A UN-A9016 (7/91)
NOTARY ACKNOWLEDGh
State of California
Countyof Sari Diego
On 2-1-93 (here insert namc
, personally known to me (c Public, personally appeared
to me on the basis of satisfactory evidence) to be the person@) whose name@) idare subscribed to the within instrur
y executed the same in his/her/their authorized capacity(ies), and that by
person@), or the entity upon behalf of which the person(s) acted, exec
Corrine Brown before me, Cynthia J. Barnett
RNEY IN FACT
DOCUMENT DESCRIBED Number of Pages: Document Date:
k@ UN-A9016 (7/91) Q
BOND NUMBER POWER NUMBER NCT VAFIC FOR €30
005003195
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a Califomi
corporation (the “Company”), does hereby make, constitute and appoint:
CYhTH‘IA J, EARNETT
recognizances or other written obligations in the nature thereof as follows:
Contract (Performance & Payment), Court, Subdi vi s :on S::~P,OOO,OOi
License & Permit Bonds up to $SS1,506,0OO,OO Misceklaneous Bonds up to $~~~:1,OOO,OOO,QO
Small Business Administrat! on Guaranteed Bonds up to $+:2*:%250,001
2id tj0nds tcp to $881#000#000,00
CERTIFICATE
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation
this- day of February 1993
1&?SOhLaiO;.,S 0: &e kad Of DfKt?CfOIPS
scalccl :7y facsimile ur.cer and by the auihor:ty of the following reso!utions adopi
ance Coir,pany at a mecling duly kclL on 13)eccmber 15, 1975:
'. the President or a-y Vix iicni, in conj,ncticln T.vit:i i.he Sccre:ary or ay Assistznt Secre~
-in-lx I or agcn:s u 11:: :iul3,oi-i[>. 3s dcfiilcd or Iiiniicd in :hc insiruimni c\,idcncing the appoixtn
5; and said olficc:-s may rcniovc cny such attorneb
3 obligat:k)ri sliail be valid and hir.c
llf ol 1k.c co:np~:,ly, LC xic ai?d dc:ivcr ar.d affix the seal or CY Cornpany to bo1
undertakings: rccognixncc's, ad surc:>-sl?~p ol>l:g,iiions 3l
fact or ageat and rr\d<c ;in). :XILVCT of aitci-ncy previixsly
RISOLL'ED !'CRTf II:R, that an)' 3cmd, undci-::iking~ r,
upon the Com.pai1y:
(i) when signed by the President or any Vice President and attested and sealed (if a sctz; be rquired: by any
Secretary or Assisiar.: Sccrctary; or
(ii) when signed by the Presidcnt or any Vicc Presidei-.: or Secretary or Assistznt Secretary, and countersigned
and sea!cd (:f a 5x1 he requ:rc
(iii) mhen duly executcd and scaled act or agents pursuact
to and within tke limits of the aut:?ority evidenced by the pcwer of ai.mi-.ey issurtl by the Company to
scch pcrsor. or prsons.
y a CUy a,xrh::rizcd aitorr
seal bc reyuii-ed) L>y oiie I
-lil-fact or zgcnt; 3r
RESOLVED XRTI IER, that the signature of an) a-!li(:ri;d dficer ard the seal of :he Compzny may be alfixec
fxsimile LO any power of atLorney or ccriir.cation t:ierccf auhrirmg the exccutior; and deli of any liond, unclertah
recognizance, cr oihcr suretyshii-, obligatims of lhc C;~x~-.paiiy: and suck signature and sea! \i~:ien so used shall have
same force and efccc: as tl-io,;gh rnanua:ly afExcd.
IiK WITSESS WHEREOF, i"\mwcst Surety lnsurance Corcpny has caused P~ese presents :o hi: signed by its proper of1 *- its corporate seal to be hereunto xiixcd this 1st day of Ikxrnber, 1990.
\\\\\\\\\I! i 11111//,,
\+'+ , I!! .s e$&, ~&..&~'O~~....C&,g
3 UJ :, C>.>,. Q' ed 5% ,g197'j +.,.:+* .'-; )/<A9?- - -")q
+'.., c, 5 z b : ='%[$ ?+:. ~+AYY, 0:0;
=m: i z 3 4:&/ _____ @<.S /
% b ...IIF3RF.... ,F$ JO~>II I Karcl1 (3 (,o IC
$\' %/ .'..._._. .
// '0, /Ill,,,:, l,,,\d\
STATE OF CALIFORSI:I, COU\;'I?' CF LC>S RSGELES
On :his 1st day of Dccerr:hei-, 1990, ixrsoxlly came 1:eJo mc Join E Sa,,age and Karen G Co!-.en, ;o me known
1 zxcc,ted 1 he .Ibo\rc insrrurner:.; and they have aclmow
o:,c ard say rhz: thcy are tlie said oMice1-s ofthe corporalioi
cal 3r.d their signatur
)cd IC t:-.e said i;stru.incnt ly t?c euthority of tk,c tjoard of 1)irectc)rs of said corpor
individuals 2nd olflccrs i~f ,Air,wcst Sure:y Ir,s.xra:cc Coi-r:paiiy.
execution of die same: and bcirg by 1-x tlu
and thn: thc sal affixed io tk.e ;il)o\~ i::sirunicni is thc seal of' the cor-xiration, and ii,
officers wcre duly affixcd md s1ib
';"ac
-rk Po~ver of .Artoiney is signed and sealed by r md by- the autnori~j.; c
Board of Directors of :\:nvves,; Surely Insuraric
-D,ESOI-VF.D, 52: the President 0': any Vice Presic.ent . ir: conjmcricn wici? the Secret,
may appcin! aitorneys-in-[act or agents with axhorii!. is cie,'med or liriiteci in the ii~~rcmer
in each cast, for and on ‘neb-aif of the Company, co execiiie
undertaltings, recogil:zar.ces, and suretyski;? o'siigeiicni of a:i
fact or agent and revoke ally power of attcrney prei;iody g:
upon the Company:
xq .issiitant Secrem
C.i?g the appointme
d deliver 2nd affix the mi oC il::: Cmipany ;o bonc
ds, and said officers :nay ::c:nc\'e a'l~ .,, SUL~ . . a::oi-ne)--ir
cl to such person.
g, recognizance, or suretyship obi:gaiioa shdir !KC valid 2nd blridir 1. I RESOLVED FUR-IHER, :ha: any bond, undk
(i) when sigrd by the Presidem 3r any Vice President aria attested ax1 sealed (if z, mi be ;-ecji:rcd) 13). an)-
ry or Assistant Secretary; or
(ii) wi-cn signd 9;:; the ?residenr or ai:y
and sealec (if a sed be reqpirec:) by
(iii) when &ly execured and sealed (if a
LO ar.d with:ri the limits of the aut'n
such person i)r perscns.
esicie-~ or .Secretary or iksis:a:ii Seci-ei
zuhcizeci aitoniey-iii-fact or a
quirea) by one or nore attorr,ey-;n-iact i)i- ag:ni.s pursuant
enced by the power of attci-ney :SSUPC~ i>. I~C Coi~il~~fli~ LO
RESO1.VED FLRTKtK, :ha ~ud-.or,zel ofr'icer 2nd th sea; of ny .rliii>. be affixed 'c
o used sha!l have KI
facsimile to zny power 3E atiorney or cerriiication rhcreot au
recognizance, or other suetyship obiigations
same force ana elfecr as though manually afi
SS 'vVWEREOF, A-mwest S-iirety 1nsarar;ce Coi~pariy has caused :Lese presens ro 1::: signed by- its praper office
its corporate sea1 :o be hereunto affixed :his 1st clay 31 Eecerrber, .i930.
,,\,,\\il"'i~i~'~I/// ,,,, .9' + , , \MSII,y . . . . . . . , , !$@,
z ."+..&P a; 0,Q4'. .. & 2 %..s+w7RY 7, +: e:a o2 2
3?&..,q *,;$S 3 b ... .OFOR~...~ k$' t :(arc11 G Colien, i
'f,, ,,\\"" "/I//, i I , , , , , , \ \\
=+-:. =(f): - :sf = d '. 1975 :a = oyYgh&&/
/, ..._....
STATE OF CALIFORNTA, COUiTY OF 1.0s ANGELES
311 this !-st day of December, 1990, personally carm beiore rrie john E. Savage anu Karen CJ. Conen, to me known 10
individua!s and officers of Amwest Surety Insurance Ccmpa who executed thc above inStrumnt, and :h:y ha].: acinowled:
execution of the same; and king by me duly sworn, d.d sever depose and say that they are the said officers of the corporaion af
and that the seal aXixcI to the above instrument is IrLe seal oi" rhe corporation, ani! t'ca; said co:-pom:e seal arid thei; signatures :
officers were duly aifixed and. subscribed to the said irsxnznt by the authority of the Board of Directcrs oi said corForatic
________
-?j$@
C 7
Bond NO. 005003195 Premium: $300.00 P b
NOW, THEREIFORE, the condition of this obligation i9; ,wch that, if the above bsunr
principal &alI remedy without @SSP to said CARUBAD MUNfCI k, VJAEW DrSmIc
any defects whieb may dewlap during a period of QIIC (1) year fr the &te of coq&ti~: and awepltance of the: work parfomed under said contract provided me& deft
by defective 5r inferior rn~t E or ~~rkmansbbp, then this &ligation othemdse ik shall be and rem n full force and effect,
As a part of tbe obligation secured hereby$ and in addition to &e ~~~~~~ spmfded &basre
there sbd! be ~~c~~~~~ coats and reeasdrtwble txipelcliscs and fees, j~~~~~~~~ rcolsonab!l
attorneys’ fee& ~~~~~~~ by the isarict in suwmflaily enfQrcitag this ~~~~~~g~~~~ all tQ bl taxed as casts and indudeel in my judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration QT addidox
to the terns ab the ~~~~~~~~~~ ~f to the work to be peafomed ~~~~~~~~~~, QP th
$~~~~~~~~~~~~~ awomptanying the same, shall in any way affect its ~~~~g~~~~~ OQ Ithis boast,
and it dms hereby waive notice of any such change, exteasion of time, ~~~~~~~~~~ at arddftiw
t ., I
a 0
1
E of the ~~~~~~~~~ or io the WQ& or to the ~~~~~~~~~i~~~~
Emcubed on Faruary 5,, 1 993 -.9 19-* Fortress Fence Co.
Q
f Tigkpmi I v7.s . Rich. Partner
* B
Cynthia J. Barnett-attorney in fl (Seal of Corporation) Title:+, , _.
(Attach ~~~~~~~~$~~~~~ ob Autbtiorized ~~~r~~~~~~~~~ of Pdn~ipal and Surety) 1
waPriaa4y i3oEid
~~~~ Re%
- 0 33:” AS 53 ai xi A Zt7:Oi .bo
0
&Od ZOO
v
NOTARY ACKNOWLEDGR
State of CALIFORNIA
County of SAN DIEGO
)n February 5 f lg93 before me, CORRINE BROWN (here insert name
Public, personally appeared CYNTHIA J. BARNETT , personally known to me (or
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to thg
instrument and acknowledged to me all that he/she/they executed the same in hisiheritheir authorized capacity(ic
the instrument the person(s), or the entity upon behalf of which the person(s
TTORNEY IN FACT _-____ ---_ ---_ INSURANCE COMPL __ _____ ____ - _____ _.___ ~ ~-_
- - - _.__ __~- __ - - --___ THIS CERTIFICATE MUST
BE AnACHED TO THE
DOCUMENT DESCRIBED
Document Title or Type
__ _._ __ - Document Date Number of Pages __ ._
Signer(s) other than named above, __ __ - - __ - - -
h UN-A9016 (7/!31)
BOND NUMBER POWER NUMBER hCT VALIC FCA BO 6331$1,811)7 -70
th black and red ink, with border in blue ink and bears the raised
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a Califomi;
corporation (the “Company”), does hereby make, constitute and appoint:
CYNTHIA .I, SAFthETT
Cantract [Performance i3 Payment), Court, Zubdivision $++l,OOO,OC
License & Permit Bonds up to f:::>1,000,COO,CO Piscei laneous Bonds up to $~+1,OOO,OOO,CO
Ssall Business Administrat: on Guaranteea Ecnds up to $*::%::250,0f
CERTIFICATE
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporatioi
9 19- 1st February this- day of San Diego, CA Signed and sealed at %P& 0000192807 - :
Karen G Cohen, Secretary
~rp-,-i.l~-'l.T LI;ID.ULhLI0LL_3 c 3f &e: B0aIl-c; of Di1recte:rs
This Power of A::iirney 1s sigzeci a:d sca'cti 5y facsimile mdcr anti by the authority of the fol'owing resoluiions ado1
Board of Directors of Ainwcs; ,Sci-c:y 1niurar.cc Cornpany c: a :nccting duly helc. cn 3x:ember 15, 1975:
XESOLVED. :hat tl-.c J+csidc:t or my Vice Prcsident, in ccnju:.c:icn bvjth the Secretai-)- 0:- any Assistan: Secrc
may appoint s:!oriicys-in-L:c: 01- aLc::is \'L i;li au:li:>rii), as icflned 01- ;im:ted in the irs:rumcnt evidencing the appoint
in each case, for and on lxha2 of i5.c Cornpnny, 10 cxccu:c ad deli\w and affix the sezi. of the Company to bc
undertakings, recognizances, and surcl)-shi;, o'n1:ga~io~ of .a1: k:nds; ar.d said officers may reinove any such zttornc
fact or agent ant revoke any 7ower of aimncy Fre\-iocsly granted t3 such ?ersor..
RESOLED FLT.TIXR, that any bo:.ci, underra:kng re.cognizai-.ce, or sure:y:;hip ob1igz:icn shd be valid and bir
upon the Conpar:).:
(i) when signed by the President or any Vice Fresidcnt anl attes:ed .and sezkd (if a seal be required) by any
Secretary or iissis:ant Secrztary; or
(ii) when sigzecl by the President or any Vke Presiden: or Secretary or Assistat Secretary, and cocnlersigned
and sealed (if z sc.1 be rei;uired) by a duly zuthorized artorney-in-fact or agent; or
(iii) when duly executed and sealed (2 a seal be rec,Lired! by one lor more attorneys-in-fxt or agents pursuant
to and wilb,in :hr 1:rmits of 1k.e criry eviienced hy :he power of attorney issued by i.he Cornpany to
such pcrson cr ysons.
RESOLVED XXTIIEl?, :hat 111: signaiurc of an;: autliorizcd officer and the seal of the C:orrpany may be affixel
facsimile to any powcr of aitorncy or ccrtii-carion thereof aui:-.orzing the exe,cutio:i and deliver). of any bond, undertal
recognizance, or other suretyship obligations ol t>.e Company; and such signature ad seal .+%,hen so used shall haw
same force and effeci as tlicugh manually aflixed.
IN WITNESS LVHEREOF, Arnwest SGrety Insurance Company has czussd :hese presents to 1)s signed by its proper of
of Ilcczmiscr, 1999. its corporate seal to be hereunto affixed :his Isi
,\,,\\\\\I"' ' ' W//// \' -+ '. !! s ?:?A&,
zk: 3 flAY 1, %'..:g$
~+>:-.~~lFOR~.... \.
+o//,,l I : , ,,,\\\\\\\\\
. $+,.;kpoo .._ c$ 2-3; "j;;'..c" 3 2%; G
=m: izz z CLI '., 7975 :.as 53 '. e ,v,.;';:
\$ // . ..... _. "///
STATE OF CAU.IFORNL'i, COIJNTY OF LOS ASGELES
On this 1st day of Deccmlxr, 1993, personally cmic hefore n-.e John E %.:age ;and Karen G Cohen, to me known
irclividuals and officers of Ainwest SU-cty Insurmcc Company. whc cxecuicd the aiove instrumen1 , and they ha1.e aciinowi
execution of :he sar.c, and heiri; 11). r.c duly swrn, did sa~~i 3osc azd say :hat they are the said '3Tficers 3f the corporatior
and t:xt the seal affixed 10 the a1m.e ii-strument :s ihc seal of ty:c ciyioration, and tbat szid corpor seal ar.d their signaturr
officers were duly affissd and SL cribccl to the said ins:r;ir.cnt 1)y the axiLhcriry of the Eoxi of hectors of said corpora
i ___________- --~ ----.-_._- ~..~___ ---- -A
lL&SkfGaiDES all& ?k~OYSC?jtn$?iil&
RESOLVED, tht :he Pres:cler;t or sny Vice Presidex,
.nay appiz:. attorneys-;ri-lac! or agents wi1.h auC5ority 2.5 de
in ~ach case, for and on behalf of the Company, to esea
undertaltings, recognizances, ar.
fact or ages: and revoke my p
upon the Company:
h ;he Sec-retaiy or ari>. Assistan:
he inst ruinent evidescing he :.p p?i r1.tn.c
affix tke seal of tkc Con-i:iar.y to bonc
Etieers rrq yemove my such :~px~~,cy-i reeyshp obligations of ail kini:
of attorney pi-eviously granLc.
RESOLVED FUIITilFR, hz any bond, cndertakng, recosi obligation shall !;e
ci (if a seal be requ:.
(ii) wherl signed by che Presidcn~ or any Vice Presileni or Secx-zr), c: ,issisiail.: Secretari;, and co
and sealed (if z seal be requii-ed) by a duly zuihorized ~;,G;'-!C
(iii) when duly execu:ed arid sealed (if a seal Se reqmed) by one or i oi- zgenrs ;iwsiiax
to and withn the limits of the authority evidencec 'cy L?Z poiii.; SI-: a[tomey issued by the C:oixp;~n;; :o
such person or persons.
(i) when signed by the ?residenc or any Vice ?resilent a
Secretary or AssstanL Secretary; or
RESOLED FCRTXER, :ha, ;?,c spature of a-y authoi-izc?: .r :,nd :'k sea; oi the Coinpin
eXZCUtio11 and deliver) of an)
ure and seal xvheii so
facsimk to any porver of attorney 0'; cerc;lica:ion :hereof authorizi?.
recognizance, 01- other suretyship obiigaiions oi' :he Ccrnpany; arc1 SL:C~ ~g
same fcrce and effect as though namial>jr affixed.
I1
IV WITNESS WkiEREOF, iiixV:es: Surely Ixurance Company has ca.Lsec1 ~nese ?resents lo he signed by its pro
its corporate seal LO be hereunto affixed this !st day af December, .i990.
,,,,\\\)' t ' ' '1 m///,/
$'+, ... s 3 _: ,ep oR$?;.;fl 5 = %:$ p:,: s&:. $hY7, 0:oZ
Zd'.. 797% j-2 q,". ,-..:,". .
~'J~~l,,,ilill,,\.,\\~~\\'~
+'\+ , ).! .?.q ..3/&& '///
< "&?f && M 4 +- t Ka:-en C;
.--
'1. = =m:
3 ~'~.,<IFOR>.:~$$
// .$ +/ '__'''_
STATE OF CALIFORVIA, COUNTY GF 1.0s ANGELES
On this 1st day of December, i990> personally came before iile john E. Savage and Karen G. Cohen, to 1x2 known to
individuals and o;^ficers of Amvest Surety Insurance Company, wha executed the above instrument, and they have aclcowled
execution of the sane, and being by ne duiy sworn, did severai:y depose and. say That they are he said okers of the corpowian a
and that tie seal afhxel to the zbove inscrumenc is (he sea; of rhs corporailon, and that said corporate seal arid :heir signatures
officers were duly affixed and subscribed to the said instrurnmi by the authoriry oi' :?-e Bcarci of Directors of said corporati(
u-----
CITY OF CARLSBAD MINIMUM LICENS
IS $30.00 1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008 APPLICATION FOR BUSINESS LICENSE (fee schedule on revers
BUSINESS NAME
BUSINESS ADDRESS (No P.O. Boxes)
MAILING ADDRESS (if different)
BUSINESS PHONE ( EMERGENCY PHO
PARTNERSHIP
STATE EMPLOYER NUMBER
IDENTINCATION NUMBER
GROSS RECEIPTS
LL TAX RATE (per each $lOOO) DD’L TRUCKS 6 35
k SUB TOTAL w
SUBTOTAL PENALTY (25% + 1% per
day not to exceed 50%)
day not to exceed 5
EXECUTED THIS
a OFFICE USE ONLY
License # SIC #
Date issued Ordinance
Expiration Date Restrictions
GROSS RECEIPTS
RECEIPTS THERE IS A BASE FEE OF s25.m PLUS THE AMOUNT CALCULATED PER EACH smoo BUSINESS LICENSE FEES FOR THE CATEGORIES LISTED BELOW ARE BASED ON ANNUAL GROSS
ANNUAL GROSS RECEIPTS. GROSS RECEIPTS MUST BE ESTIMATED FOR ONE YEAR IN ADVANCE.
IN NO EVENT SHALL THE LICENSE FEE BE LESS TIHAN 830.00.
c = w PER THOUSAND A = 40' PER THOUSAND
BEAUTY SALONIBARBER SHOP
BEAUTY SCHOOL BOOKKEEPER
BOTTLED WATER SERVICE EDUCATIONAL COLLECTION AGENCY ENGRAVER
DANCING SCHOOLlTEACHER ENTERTAlNMENTlSHOWS BOOKSTORE DESIGNER
DRAFTSPERSON EXERClSElHEALTH SPA
ELECTROLOGIST FLIGHT INSTRUCTORlSCHOOL CLOTHlNGlAPPAREL STORE
FLOOR COVERINGS COIN-OPERATED LAUNDRY EMPLOYMENT AGENCYlSERVlCE
GREETING CARDS COMPUTER SALESRENTALS ESTHETlClANlFAClALlST
HANWMAN CREAMERY (ICE CREAMl".AY FAST FOOD RESTAURANT
IMPDHlfEXPORT SALES DEPARTMENT STORE FlNANCElLOANlMORTGAGE CO
IFiVFSTMENTlj DIAPER SERVICE FUNERAL HOME
FURNITURE REFINISHING JbNK
HAIRDRESSER I ANDSCAPE
I LLUSTRATORlAATlST LAPIDARY ShOP INSTRUCTOR
MAIL BOX SERVICE FLORlSTlNURSERY INSURANCE CO
INTERIOR DECORATORlDESlGN MAIL ORDER FURNITURE STORE I NTERPRETERlTRANSLATOR MARKETlNGlMANUFACTURERS REP GlFTlNOVELTYlSOUVENlfi MANICURIST
MUSIC SCHOUTEACHER
PHOTOGRAPHERS MUSIC STORElSUPPLlES JEWELRY PLUMBING a HEATING SALES PACKAGING LAUNDRYlDRY CLEANERS RADIO STATION
REPAlRlMAlNTENANCE SERVICE PET SHOP LUMBER YARDlBUlLDiNC
SUN TAN SALON PRIVATE TRANSPORTATION MOTEUHOTEL STOCKlBONDlSECURlTY BROKERAGE
TAlLORlDRESSMAKER RECREATIONAL
UPHOLSTERY SHOP RESTAURANT NUTRITIONAL PRODUCTS VIDEOTAPING
B = 3@ PER THOUSAND
ADVERTlSlNGlDlSTRlBUTlON SELLNG IN THE FIELDS RADIOlSTEREOfIV SALES AIRCRAFT SALES~RENTAUREPR a svc STORAGE ANTlaUESlCOLLECTlBLES
AUTO GARAGE REPAIR
AUTO PARTS/TIRES/TOWING TELEMARKETING AUTO RENTlNGlLEASlNG TOY STORE BAKERYlBREAD SHOP TRAVEL AGENCY THEATER
VARIETY CONVENIENCE STORE TOBACCOlPERlODlCALS BUYlNGlRESELL SERVICE
TRAlLERlBOAT DEALER CANDYlNUTSlCONFECTlONARY WEED ABATEMENT
TRAILER CAMPlCOURT CARPETlUPHOLSTERY CLEANING
CLEANlNGlJANlTORlAL SERVICE VIDEO RENTAUSALES COCKTAIL LOUNGE/TAVERN COLOR CONSULTANT CONSIGNMENT SHOP
CRAFTSlHOBBlES DATA PROCESSINGlKEYPUNCH
DAY CARElNURSERY APPLIANCE STORE
DELICATESSEN ARCADESAMUSEMENT "ARK DELIVERY SERVICE AUTO DEALER
AUTO SERVICE STATION
BOARDINGlROOMING HCUSE
BOWLING ALLEY CAR WASHlDETAILING
EOUlPMENTlMACHlNE LEASE 8 SALES
DRAPERYNflNDOW
DRUG STORElPHARMACY
FARM EQUIPMENT STORE LIQUOR STDHUBROKER FEED a ICE DEALER
MISCELLANEOUS 7- GROCERYlFOODIMEAT SALE5 MOVER HARDWARE STORE _-
PARTY PLAN SALESIDEMONSTRATION LOCKSMlTHlKEY SHOP
PRINTINGlDUPLICATING MOBILE HOME PARK
PUBLISHING _1 MOTORCYCLE DEALER
ROCK a SAND
NURSERYlGARDEN SUPPLIES
RESTAURANT a BAR OFFICE SUPPLY STORE RETlREMENTlNURSlNG HOME PAINTIGLASSIWALLPAPER
ROADlCONCESSlON ST3 '*2 PRODUCE/FRUIT STORE
PUBLIC MALLSllCE RINK SECRETARYlOFFICElANSWESING SVC
RENTALS - 2 OR dORE SUPPLIES ROUTE DELIWRY
SWIMMING POOL SERVICE SHOE STORE
oPEClALTY STORE
SPORTING GOODS STORE
D = 20' PER THOUSAND
FARMER GROWER
MANUFACTURER RANCHER WHOLESALER WAREHOUSEIADDITION6L OFF1
1 I
m mls Is m 111 ID I
SALES OR USE TAX MAY APPLY TO YOUIS
BUSINESS ACTIVITIES YOU MAY SEEK MfRITTEN
TO YOUR PARTICULAR BUSINESS BY WRITING TO ADVICE REGARDING THE APPLICATION OF TAX
THE NEAREST STATE BOARD OF EQUALIZATION
334 VIA VERA CRUZ SAN MARCCIS, CA 92088
(819) 744-1330
111111mm111IBmm m
- FLAT FEE LICENSES
PC - PE .- PA
No fixed or Established Place 01 Business in Catlsbad - Mobile umis
-
PROFESSIONAL 150 00 CONTRACTORS
ACCOUNTANTICPA GENERAL
ARCHITECT SIGN PAINTER
WHOLESALER APPRAISER SUB CONTRACTOR
e20 w ATTORNEY AT LAW BASIC FEE
PER PERSON 2w CHIROPRACTOR COMPUTER CONSULTANT CONSULTANT MlSC COUNSELING OTHER Call Ollice lor FeeslProcedut es
RETAILER -
BREAD a BAKERY SUPPLIES I Bow DENTIST CATERING TRUCKS 8060 DOCTOR AUCTION MARKET CONCRETElROAD MIX 100 w ENGINEER AUCTIONEER
DRY CLEANING 1w w PODIATRIST LAUNDRY 1w w PRIVATE INVESTIGATOR BINGO LINEN SERVICE 2ow PROFESSIONAL - MlSC MEAT DISTRIEUTOR Bow REAL ESTATE PETROLEUM PRODUCTS (HOME) RETAIL BOTTLE0 WATER aow VETERINARIAN RETAIL ICE SUPPLY
TRANSFERIDELIYERY WATER SOFTENER SERVICE 100 w PAWNBROKER
Bow PHYSICAL THERAPIST AUTO WRECKING YARD
BlLLlARDSlCARD ROOM
CAEARETIOANCE COMMERCIAL MOTION PICTURES 2ow RESEARCHIDEVELOPMENT DISTRIBUTION OF ADVERTISEMENTS
JUNK YARD DEALER Bow OPTOMETRIST LIMOUSINE SERVICE
2060 MASSAGE TECHNICIAN
DAIRY a ICE CREAM
Id0 w MASSAGE PARLOR HOCK a SAND
SIMILAR NOT SPECIFIED 40 w PRIVATE SECURITY SERVICE PUBLIC UTILITY SPECIAL EVENT TAXI SERVICE
GROSS RECEIPTS
BUSINESS LICENSE FEES FOR THE CATEOORIES LISTED BELOW ARE USED ON ANNUAL GROSS
RECEIPTS THERE IS A BASE FEE OF $25 00 PLUS THE AMOUNT CALCULATED PER EACH $loo0
ANNUAL GROSS RECEIPTS GROSS RECEIPTS MUST BE ESTIMATED FOR ONE YEAR IN ADVANCE IN NO EVENT SHALL THE LICENSE FEE BE LESS THAN 034.00
C = 37 PER THOUSAND A - 10' PER THOUSAND
BEAUTY SALONIBARBER SHOP DAY CARElNURSERY APPLIANCE STORE BEAUTY SCHOOL DELICATESSEN ARCADESlAMUSEMENT ARK BOOKKEEPER
BOTTLED WATER SERVICE EDUCATIONAL
COLLECTION AGENCY ENGRAVER DANCING SCHOOLiTEACHER ENTERTAlNMENTlSHOWS BOOKSTORE CESIGNER
DRAFTSPERSON EXERClSElHEALTH SPA ELECTROLOGIST t HPLOYMENT AGENCYiSERVlCE
ESTH ETICIANIFACIALIST GREETING CARDS
FAST FOOD RESTAURANT HANQYMAN
IMP3HTlEXPORT S~LES DEPARTMENT STORE FlNANCElLOANlMORTGAGE CO
IhVFSTMENTS DIAPER SERVICE FUNERAL HOME r UHNITURE REFINISHING JbNK
t ANDSCAPE DRUG STORElPHARMACY HAIRDRESSER
LAPIDARY S9OP FARM EQUIPMENT STORE I LLUSTRATOR'ARTIST
INSTRUCTOR LIOUOR ST~HEIBROKER
MAIL BOX SERVICE FLORlSTlNURSERY INSURANCE CO
INTERIOR DECORATORIDESIGN MAIL CRDER FURNITURE STORE
INTERPRETERlTRANSLATOR MARKE'INGIMANUFACTURERS REP GI FTINOV E LTYlSOUV EN IF, MANICURIST MUSIC SCHOUTEACHER PHOTOGRAPHERS MUSIC STOREISUPPLIES JEWELRY PLUMBING & HEATING SALES PACKAGING LAUNDRYlDRY CLEANERS RADIO STATION PARTY PLAN SALESlDEMONSTRATIOFI LOCKSMlTHlKEY SHOP REPAIRIMAINl ENANCE SERVICE PET SHOP LUMBER YARDlBUlLDtNC PRlNTlNGIDUPLlCATlNG MOBILE HOME PARK ROCK & SAND
PRIVATE TRANSPORTATION MOTEUHOTEL SUN TAN SACON
PUBLISHING ~ MOTORCYCLE DEALER STOCKlBONDISECURlTY BROKERAGE
RECREATIONAL NURSERYlGARDEN SUPPLIES TAILORIDRESSMAKER
RESTAURANT & BAR OFFICE SUPPL VIDEOTAPING
RETlREMENTlNURSlNG HOME PAINTIGLASS&4ALLPAPER
ROADlCONCESSlON ST'',? PRODUCUFRUIT STORE B = 35' PER THOUSAND
SECRETARYIOFFlCEIANS~~€qING SVC PUBLIC HALLSllCE Rlsh ADVERTlSlNGlDlSTRlBUTION SELLNG IN THE FIELDS AIRCRAFT SALESlRENTAUREPR & SVC STORAGE RENTALS - 2 OF rAORE ANTlQUESiCOLLECTlBLES
AUTO GARAGE REPAIR SWIMMING POOL SERVICE SHOE STORE AUTO PARTSRlRES/TOWlNG
AUTO RENTINGILEASING TOY STORE BAKERYlBREAD SHOP TRAVEL AGENCY THEATER
BUYlNGlRESELL SERVICE VARIETY CONVENIENCE STORE TOBACCOIPERIODICALS CA
CL L SERVICE
COLOR CONSULTANT CONSIGNMENT SHOP
CRAFTS/HOBBIES DATA PROCESSINGIKEYPUNCH
DELIV'ERY SERVICE AUTO DEALER
AUTO SERVICE STATION BOARDlNGlROOMlNG HGLSE
BOWLING ALLEY CAR WASHIDETAILING
EOUlPMENTlMACHlNE LEASE & SALES
FLIGHT INSTRUCTORlSCHOOL CLOTHlNGlAPPAREL STORE
FLOOR COVERINGS COIN OPERATED LAUNDRY
COMPUTER SALESlRENTALS
CREAMERY (ICE CREAM/' ' icy)
DRAPERYNIINDOW
FEED & ICE DEALER
__ MISCELLANEOUS GROCERYlFOODlMEAT SALE3 MOVER HARDWARE STORE
UPHOLSTERY SHOP RESTAURANT NUTRITIONAL S
RADIOlSTEREOTTV SALES
SUPPLIES ROUTE DELILERY
TELEMARKETING aPECIALTY STORE
SPORTING GOODS STORE
TIONARY WEED ABATEMENT TRAILERIBOAT DEALER
TRAILER CAMPlCOURT VIDEO RENTAUSALES
CA CLEANING
0 = M' PER THOUSAND
FARMER GROWER
1 COCKTAIL LOUNGElTAVERN ~molss~mlllpsm
SALES OR USE TAX MAY APPLY TO YOUR BUSINESS ACTIVITIES YOU MAY SEEK WRITTEN ADVICE REGARDING THE APPLICATION OF TAX
ULAQ BUSINESS BY WRITING TO
ATE BOARD OF EQUALIZATION
334 VIA VERA CRUZ SAN MAACOS. CA 92089 I (819) 744-1330 Lllllllll
FLAT FEE LICENSES
PC - PB
PROFESSIONAL 150 w
- PA
NO I xed or ESlabl shed Place 01 BuSinesS 8" Carisbad - Mobile Units
WHOLESALER APPR41SEq SUB CbNTRACTOR
-
CONTRACTORS
ACCOUNTANTICPA GENERAL
ARCHITECT SIGN PAINTER BASIC FEE 120 w ATTORNEY AT LAW PER PERSON 2w CHIROPRACTOR COMPUTER CONSULTANT
COUNSELING FeeslProceduies - RETAILER CONSULTANT MkC W Carl 011,ce 10,
BREAD 8 BAKERY SUPPLIES 1 Bow DENTIST CATERING TRUCKS Bow DOCTOR AUCTION MARKET CONCRElEIROAD MIX 13000 ENGINEER BOw PHYSICAL THERAPIST AUTO WRECKING YARD DRY CLEANING 100 w PObIATRlST BILLIAROSICARD ROOM LAUNDRY 1w w PRIVATE INVESTIGATOR BINGO
MEAT DlSfRlBUTOR Bow REAL ESTATE PETROLEUM PRODUCTS [HOME) MW RESEARCHIOEVELOPMENT DISTRIBUTION OF ADVtRTlSEMENTS
RETAIL ICE SUPPLY Bow OPTOMETRIST
I RANSFEWDELIVERY
SIMILAR NOT SPECIFIED 40 03
AUCTIONEER DAIRY a ICE CREAM
LINEN SERVICE am PROFESSIONAL - MiSC CABARETIDANCE
RETAIL BOiTLED WATER BOM VETERINARIAN
HOCK a SAND
WATER SOFTENER SERVICE 1w w
COMMERCIAL MOTION PICTURES
JUNK YARD DEALER LIMOUSINE SERVICE IW w MASSAGC PARLOR mw MASSAGE TECHNICIAN
PAWNBROKER
PUBLIC UTILITY PRIVATE SECURITY SERVICE
SPECIAL EVENT TAXI SERVICE
ISSUE DATE (W FICATE OF INSURANCE 02,' 1 F
THIS CERTIFICATE IS ISSUED AS A MATT OF INFORMATION C CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS C DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORt TIIIII"1PSC7N I rdS . AGEPdL i POLICIES BELOW.
COMPANIES AFFORDING COVERAGE @?: .. Ecf:< 7 13 100
ShrJ 0 I Eriu I:& 92 1. 7 1-0 1 00
COMPANY A LETTER APIEF' I c:w STATE:] I PJ:, -
COMPANY LETTER B
COMPANY LETTER c
INSURED
JOSEPH t. RII,H
P .I3 . BOA 8lC14 1
FORTRESS FENCE COMPANY LETTER D
SPIN DIEGO C;i 02133 COMPANY LETTER E
TlFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL11 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO U CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL Tt EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LIMITS POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) co TYPE OF INSURANCE POLICY NUMBER LTR
A GENERAL LIABILITY 01-CC-"8r235-2 08 ,/2<),' 9 3 0 g ,' 3 i: ,' 0 I 3 '3 GENERAL AGGREGATE $ 21
:{ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2[
CLAIMS MADE ,< OCCUR PERSONAL & ADV INJURY $ 1 [ :< OWNER'S & CONTRACTOR'S PROT EACHOCCURRENCE $ 1(
FIRE DAMAGE (Any one fire) $
MED EXPENSE (Any one person) $
$ 'A AUTOMOBILE LIABILITY c? 3 -13r: -98:2337--2 (3 2 ' 3 ci ,' '? 2 0 8 ,x' 3 Ti $
1( @ >( ANYAUTO
$ BODILY INJURY (Per person)
BOD!LY INJURY (Per accident)
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
ALL OWNED AUTOS
SCHEDULED AUTOS
$ ,( HIRED AUTOS :< NON-OWNED AUTOS
GARAGE LIABILITY
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $
DISEASE-POLICY LIMIT $
DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
JClB : 19'93 FENCI /dl; PROJECT - CCII~ITRACT idCi . 59CiOA r!<ii/J!l F'F'(IJET1 *2- 104
CERT IF I Ct-TE HULDE-i? I S ;$DDED T r LJW t I w;ii 1.1 P'C'T' '-171?;.1 cL,-)0'L I?( 1 185 :I
LvmLI-r'( m:). RE'JISES 2-4- 1 0 DA 1'5 LI~i~c ELL-AT I ui\\i FOP rmw
IFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL >E:
MAIL .3r3 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER N
LEFT, XXlXXKM3EXB XO6MILXXDMXlX€X WAMXlWEXXX MR x)!
MXE#U(D(lS)KMX
~-'ARLSBAD MUI'.I I c I PAIL MA TEP a I ST . - PIIF'CHAS I IdG OFF I LE 12(1[? I3APLSBAD '4) I L.LAGL LIZ . c X'L. SE AP CA 92008- 109"
ACORD 25-5 (7/90)
----*.----. -- ----- --.------ INDIANAPOLIS, INDIANA AGT ''
f 9; A +< h; ** 9c 7-c >k *k fr 9c 9c A 9c Jc 9c 3; Jc 9c 9c 9c 9c 9c ;k 9; * 9c 9CYk 9c Y'C 9c 9c 9; 9c
t POLICY CHANGE 9C
;k POLICY NUMBER: 01-CC-9822 9;
**,*~c*,,,*HS~HE~~XH~9;~~~~~~~~,k;k9c~~*~;~~9c*9c
AGENT: TOM THOMPSON INS AGENCY, I 8888 CLAIREMONT MESA, #M INSURED & JOSEPH E. RICH MAILING DBA: FORTRESS FENCE COMPANY P 0 BOX 710100 SAN DIEGO, CA 92171 04-80216 (385) ADDRESS: P.O. BOX 81041
(619) 279-5951
NAMED EMILY C. RICH 6 THOMAS E. RICH
SAN DIEGO, CA 92138
POLICY PERIOD: FROM 08-30-92 TO 08-30-93
k9; 9c 9~ J( *j, 9c>k 9c *9; 9; ;k 9c * 3c >k 9c t k 9c * 9; * 9; 9c t 9c t 9c 9; j, 9c* >k 9; * 9c9c >k 9c Y'C Y'C 9c 9; 3; Y'C k 9~ Wc 9c ~k k t d k 9c 9c 3r ;k 9c Wc 9ok k ~k .Ir k ~k >k 9c 9c * 9c 8.
9C
yk THE CHANGE IN YOUR POLICY RESULTS IN NO CHANGE IN PREMIUM. A '
9c
fc MUNICIPAL WATER DISTRICT. EFFECTIVE 2-2-93 ADDING PRIMARY WORDING ENDORSEMENT CG7634 FOR THE CARLSBAi
9C ,k fC yk 9; ,k 9c;t Jc* 9; ** 9c ,k * *;t 9c ,k;Wc 9; $c $< * 9c Yk * * * 9c 9;9c * * **A ** fck 9c * 9c 9c 9c 9c 9c JC fc 9c Yk 9c fk 9c * Yk 9c 9c 9c 9CYk $c 9c9c *9c * 9CYk 31 * * ** t 8
THE FOLLOWING HAS BEEN ADDED
OTHER # 5 CARLSBAD MUNICIPAL WATER INTERESTS: DIST. - PURCHASING OFFICE 1200 CRALSBAD VILLAGE DR. CARLSBAD, CA 92008 CERTIFICATE HOLDER PRIMARY WORDING CG7634 PREMISES #ool
________________--__--------
0
0
*
9-CM (0 1-86) LOS ANGELES (24033) INSURED COPY PREPARED 02
C AG
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
fl#!&i%!!8~ATEs ADD IT10 NAL INS U RED PRIMARY COVE RAG E CG 76 34 [
COMMERCIAL GENERAL LlAB A pnd LINCOLN NATIONAL CORPORATION
This endorsement modifies insurance provided under the following:
0
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY MUNICIPAL WATER DISTRICT
t
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as app
to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sch
subject to the following provisions.
1. This insurance applies only with respect to liability:
a. Arising out of "your work" for that insured by or for you; or b. Arising from the general supervision of "your work" by the person or organization shown in the Sched
This insurance does not apply to "bodily injury" or "property damage" arising out of the sole negligence or
misconduct of, or for defects in design furnished by, the person or organization shown in the Schedule.
2. e
With respect to the insurance afforded the additional insured, paragraph 4 of COMMERCIAL GENERAL LIABILITY CON0
(Section IV) is deleted and replaced by the following:
4. Other insurance
a.
b.
This insurance is primary, and our obligations are not affected by any other insurance carried by such ad
insured whether primary, excess, contingent, or on any other basis.
This additional provision applies only to the person or organization shown in the Schedule.
0
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C-AG-O&PRI
INDIANAPOLIS, INDIANA AGT*
3c kJ, 9; *Jr 9c k * 9c *k Y'C -I( 9c k Wc 9; * 9; t* -k *-lr* ;k 9dc >k Jc * 3c bt 9c 9c >k *
3C .I( POLICY NUMBER: 01-CC-98223
0 NAMED EMILY C. RICH & THOMAS E. RICH AGENT: TOM THOMPSON INS AGENC IN
k POLICY CHANGE ***,,*****HEEH~~~XE~*~~~~~~~~~~******~c~c*
INSURED & JOSEPH E. RICH MAILING DBA: FORTRESS FENCE COMPANY P 0 BOX 710100 ADDRESS: P.O. BOX 81041 SAN DIEGO, CA 92171
(6 19) 279-595 1
8888 CLAIREMONT MESA, $$f
SAN DIEGO, CA 92138 04-80216 (385)
POLICY PERIOD: FROM 08-30-92 TO 08-30-93
* 9C** *** >k* ** * *9c * * k* 9c* ** * *** * * Jc ** >k** * ** ** * *9C ** ** k 9; * * >k ** k 9c*k * 9C>k 9, k f ** 9c* * >k * * * t *9c * * *>k*
* THE CHANGE IN YOUR POLICY RESULTS IN NO CHANGE IN PREMIUM. * EFFECTIVE 2-1-93 ADDING CARL BAD MUNICIPAL WATER DISTRICT AS ADDITIONAL * INSURED PER FORM CG2010(1185?
********A * * * ** 9, * * ** 9c *>k *** * * *.le ** * 9; * ** k * * * 3C * * ** * * ** 3c ** >k f >k * * * 9c Jc >k 9c * * * * * k ** * 9c * * fc * ** * *
THE FOLLOWING HAS BEEN ADDED
OTHER # 4 CABLSBAD MUNICIPAL WATER INTERESTS: DISTRICT
*
*\
*
_______------_--------------
1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008 CERTIFICATE HOLDER ADD'L INS'D PER FORM CG2010 PREMISES #OOl
0
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9-CM(01-86) LOS ANGELES (24033) INSURED COPY PREPARED 02-02
c nn nll ""1.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 29 io * ne~mCsmlEs ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B) COMMERCIAL GENERAL LlAB A wad LINCOLN NATIONAL CORPORATION
This endorsement modifies insurance provided under the following:
e
COMMERCIAL GENERAL LlABlLlW, COVERAGE PART
SCHEDULE
Name of Person or Organization:
STATE OF CALIFORNIA, DEPT. OF TRANSPORTATION
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as app
to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sct
but only with respect to liability arising out of "your work" for that insured by or for you.
Copyright, Insurance Services Office, Inc., 1984
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS (FORM B)
0
CG 20 10
COMMERCIAL GENERAL LII
~W!EWfATEs
A pnd LINCOLN NATWNAL CORPORAT#)N
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CARLSBAD MUNICIPAL WATER DISTRICT
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as a[
to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the S
but only with respect to liability arising out of "your work" for that insured by or for you.
Copyright, Insurance Services Office, Inc., 1984 0
P bP nl DR
lNLuuitwuL1a, IIYUIAIYII Ab I
9: 9: t t >kt 9: kt 9:9:* 9: 9: 9:* 9: 9: 3k 9: t 9: 9: 9:* 9: t 9: 9: 9: t 9: k 9: t t *A 9c t t POLICY CHANGE t A POLICY NUMBER: 01-CC-98243-
NAMED EMILY C. RICH THOMAS E. RICH AGENT: TOM THOMPSON INS AGENCY, IN(
t Jr t 9c t * t 9: 9: +:E $ $9 $1 J, E i- t SE I, SE 1- k 9 t 2 t k t t 9r Jr t9~ 7kt
INSURED 6 JOSEPH E. RICH 8888 CLAIREMONT MESA, #M MAILING DBA: FORTRESS FENCE P 0 BOX 710100 ADDRESS: P.O. BOX 81041 SAN DIEGO, CA 92171 SAN DIEGO, CA 92138 04-80216 (385) (619) 279-5951
POLICY PERIOD: FROM 08-30-92 TO 08-30-93
9: * 9: 9: >k 9: t t 9: >k 9: 9: 9: >t A 9: >k Yk >k 9: A * k 9: 9: -ic * 9: 9: 9: 9: 9: 9: k 9t 9: 9: 9: 9: 9: 9: 9: 9: 9: 9: Yt 9: * k 9: 9: 9: 9: * 9: 9: 9: 9: f 9: 9: * 9: * 9: 9: * 9: 9: 9:9: 9; 3; w:* 9:9: 9: 9:.
9:
9c THE CHANGE IN YOUR POLICY RESULTS IN AN ADDITIONAL PREMIUM OF $78.25.
3c THE AMOUNT DUE WILL BE BILLED UNDER VARI-BILL ACCOUNT //090202199 .
" ADDED CA7 135.
9c
7k A .rt A i: 9: ir .I; jr 9: 9: 9: 9: 3r 7': a'r 9: 7': ;': 9: 9: 9: 7': .I; 9: 9: 9r 9r 9: ;': 9: 9: 7': 9: A 9: 7': Y? ~t 7': ;*: * 9: .li 7': .I; 9: 9: 9: A k 7': 9: 9: 3: 9: A -I; 9: Y? Y? 9: 9: xk 9: >? 9: 9: -/c :': .j; f 9; 7': ;? -ic >': >? >t ;? f
THE FOLLOWING HAS BEEN ADDED
OTHER f 1 CARLSBAD MUNICIPAL WATER INTERESTS : DISTRICT
............................
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ADDITIONAL INSURED LESSOR PREMISES #ooo
0
0
<
9-CM(01-86) LOS ANGELES (24033) INSURED COPY PREPARED 02-05
C.AG 09-PR
COVERAGES ---_-----___------_--------------
LIABILITY
UNINSURED MOTORISTS
AUTO MEDICAL PAYMENTS
COMPREHENSIVE EACH COVERED AUTO
_______--____---____---_---------
____________________-------__----
_______________-____----_-----_--
____________________-------------
COLLISION
COVERED LIMIT OF AUTO INSURANCE DEDUCTIBLE SYMBOL PREMIl -_---_-----____--_ -----_---- -__---- --__--.
$ 1,000,000 4,8,9 $ 3,4
$ 60,000 4 $
$ 5,000 4 $
LESSER OF ACTUAL $ 100 4 $
---_-__-_-____---_ ---------- -_----- ------.
-----__-----__---- -_--__---- _------ ----_-
---_--_-_--_--_--- ---------- ---_--- _-----
CASH VALUE OR REPAIR COST ---_____________-_ ----_----- ------- ------
LESSER OF ACTUAL $ 250 4 $ CASH VALUE OR REPAIR COST _________________________________________-------------------------------_-----
FORM NUMBER ________________
(3~71350188
DESCRIPTION CLASS PREMIUM _________--__----__--_------_---------_- ----_-- ----------
ADDITIONAL INSURED I 9020 1 S 136.
Endarsement effective
02-01-93
Named Insured
EMILY C. RICH, THOMAS E. RICH
Countersigned by
0
Schedule
Name of Person or Organization CARLSBAD MUNI CI PAL WATER DI STRICT
Address 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
' Premium $ 136
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION f
This Escrow Agreement is made and entered into by and between the Carlsbad MuniciE
Water District whose address is 5950 El Camino Real, Carlsbad, California 920C
hereinafter called "District" and
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agrc
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the optic
to deposit securities with Escrow Agent as a substitute for retention earnin
required to be withheld by District pursuant to the public works contract entered in
between the District and Contractor for CONSTRUCI'ION OF 1993 m;,"IN(
PROJECT IN THE CITY OF CARLSBAD, CMWD PROJECT NO. 92-104
dated the amount of
(hereinafter referred to as the "Contract"). A copy of said contract is attached e
Exhibit "A". When Contractor deposits the securities as a substitute for Contrac
earnings, the Escrow Agent shall notify the District within ten (10) days of th
deposit. The market value of the securities at the time of the substitution shall b
at least equal to the cash amount then required to be withheld as retention unde
the terms of the Contract between the District and Contractor. Securities shall bl
held in the name of Carlsbad Municipal Water District and shall designate th
Contractor as the beneficial owner. Prior to any disbursements, Escrow Agent sha
verify that the present cumulative market value of all securities substituted is at leas
equal to the cash amount of all cumulative retention under the terms of thc
Contract.
The District shall make progress payments to the Contractor for such funds whicl
otherwise would be withheld from progress payments pursuant to the Contrac
provisions, provided that the Escrow Agent holds securities in the form and amoun
specified above.
Alternatively, the District may make payments directly to Escrow Agent in the
amount of retention for the benefit of the District until such time as the escroN
created hereunder is terminated.
2.
3.
Escrow Agreement for
Surety Deposits in
Lieu of Retention
lOi2OP2 Rev.
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4. Contractor shall be responsible for paying all fees for the expenses incurred 1
Escrow Agent in administering the escrow account. These expenses any payme
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held in escrc
and all interest earned on that interest shall be for the sole account of Contract
and shall be subject to withdrawal by Contractor at any time and from time to tin
without notice to the District.
Contractor shall have the right to withdraw all or any part of the principal in tk
Escrow Account only by written notice to Escrow Agent accompanied by writtc
authorization from District to the Escrow Agent that District consents to tl
withdrawal of the amount sought to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default 1
the Contractor. Upon seven (7) days written notice to the Escrow Agent from tk
District of the default of the Contractor, the Escrow Agent shall immediately conve
the securities to cash and shall distribute the cash as instructed by the District.
Upon receipt of written notification from the District certifying that the Contract(
has complied with all requirements and procedures applicable to the Contrac
Escrow Agent shall release to Contractor all securities and interest on deposit le:
escrow fees and charges of the Escrow Agent. The escrow shall be close
immediately upon disbursement of all monies and securities on deposit and paymen
5. f
6.
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7.
8.
i. of fees and charges.
9. Escrow agent shall rely on the written notifications from the District and th
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement and th
District and Contractor shall hold Escrow Agent harmless from Escrow Agent
release and disbursement of the securities and interest as set forth in Section 6 thr
8 and 10. ... ... ... ... ...
.I. ... ... ... ... ... ... ...
Escrow Agreement fa
Surety Deposits i
Lieu of Retentio
lOt20192 Rei
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1 10. The names of the persons who are authorized to give written notice or to recej
written notice on behalf of the District and on behalf of Contractor in connecti
with the foregoing, and exemplars of their respective signatures are as follows:
For District: Title t
I Name
Signature
Address
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I For Contractor: Title
Name
Signature I Address
For Escrow Agent: Title
Name I. Signature
Address
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Escrow Agreement fo
Surety Deposits li
Lieu of Retentioi
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At the time the Escrow Account is opened, the District and Contractor shall deliver to tE
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their prop
officers on the date first set forth above.
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I For District: Title
Name
Signature
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For Contractor: Title
Name I Signature
Address
For Escrow Agent: Title
Name
Signature
Address
Escrow Agreement fc
Surety Deposits i
Lieu of Retentio
10/20/92 Re
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I RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR: I.
1 PROJECT DESCRIPTION: 1993 FENCING PROJECT - CMWD PROJECT NO. 92-11
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensation
whatever nature due the Contractor for all labor and materials furnished and for all WOI
performed on the above-referenced project for the period specified above with the exceptic
of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIME
The Contractor further expressly waives and releases any claim the Contractor may have 4
whatever type or nature, for the period specified which is not shown as a retention amoui
of a disputed claim on this form. This release and waiver has been made voluntarily 1:
Contractor without any fraud, duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, ar
work due Subcontractors for the specified period have been paid in full and that the partic
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporatioi I etc.)
By:
Title: I By:
Title:
Release Fon
10/20192 Re
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I SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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1. 1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of simil;
import are used, it shall be understood that reference is made to the plans accompanyir
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shz
be understood that the direction, designation or selection of the Engineer is intended, unle
stated otherwise. The word "required" and words of similar import shall be understood 1
mean "as required to properly complete the work as required and as approved by t€
District Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar impo
are used, it shall be understood such words are followed by the expression "in the opinic
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 approvi
acceptance, or similar import of the District is intended.
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I D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at herhis expens
shall perform all operations, labor, tools and equipment, and further, including tl
furnishing and installing of materials that are indicated, specified or required to mean th
the Contractor, at her/his expense, shall furnish and install the work, complete in place a1
ready to use, including furnishing of necessary labor, materials, tools, equipment, a1
transportation.
Special Provisia
10/20/92 Rc I.
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1-2 DEl3"IONS
Modify Section 1-2 as follows:
Agency - the Carlsbad Municipal Water District, Carlsbad, California
Engineer - the District Engineer for the Carlsbad Municipal Water District or his approve
f
representative.
2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment Bonc
(Material and Labor Bond) shall be for not less than 50 percent of the contract price t
satisfy claims of material suppliers and of mechanics and laborers employed by contract< I 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 District for a period of one (1) year from the date of form(
acceptance of the project by the District. The Warranty Bond shall be kept in full force an
effect by the Contractor to remedy any defects which may develop during a period on or
(1) year from the date of completion and acceptance of the work performed under sal
contract provided such defects are caused by defective or inferior materials or workmanshi I Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide c
at lease A-:V and are authorized to conduct business in the state of California and are liste
in the official publication of the Department of Insurance of the State of California.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the SAN DIEGO REGIONAL STANDARI
DRAWINGS and the Standar
Specifications for Public Works Construction, (SSPWC), 1991 Edition, and the late:
Special Provisioi
lot20192 Re
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supplement, hereinafter designated "SSPWC", as issued by the Southern California Chaptc
of the American Public Works Association, and as amended by the Special Provisior
section of this contract.
The Construction Plans consist of 1 sheet(s) designated as Carlsbad Municipal Watc
District Drawing No. 92-104 . The standard drawings utilized for this project are tk
latest edition of the San Diego Area Regional Standard Drawings, hereinafter designate
SDRS. as issued bv the San Diego Counh Department of Public Works, together with t€
Carlsbad Municipal Water District Supplemental Standard Drawings. Copies of pertinei
standard drawings are enclosed with these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacture1
direction, the Contractor shall obtain and distribute the necessary copies of such instructio
including two (2) copies to the District.
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1 2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set {
transparent sepias, which shall be corrected daily and show every change from the origin
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipmez
underground piping, valves, and all other work not visible at surface grade. Prints for th
purpose may be obtained from the City at cost. This set of drawings shall be kept on tl
job and shall be used only as a record set and shall be delivered to the Engineer up<
completion of the work.
b
3-5 DISPUTED WORK I To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with tl
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
0 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-fi
thousand dollars ($375,000) or less which arise between the contractor and a local agenc
(2) This article shall not apply to any claims resulting from a contract between a contract
Special Provisic
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and a public agency when the public agency has elected to resolve any disputes pursuant t
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Codr
except that "public work" does not include any work or improvement contracted for by th
state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (E payment of money or damages arising from work done by or on behalf of the contractc
pursuant to the contract for a public work and payment of which is not otherwise express1
provided for or the claimant is not otherwise entitled to, or (C) an amount the payment c
which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans c specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
0 20104.2. Claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate th
claim. Claims must be filed on or before the date of final payment. Nothing in th
subdivision is intended to extent the time limit or supersede notice requirements otherwis
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency sha
respond in writing to any written claim within 45 days of receipt of the claim, or ma
request, in writing, within 30 days of receipt of the claim, any additional documentatio
supporting the claim or relating to defenses or claims the local agency may have against th
claimant.
(2) If additional information is thereafter required, it shall be requested and provide
pursuant to this subdivision, upon mutual agreement of the local agency and the claiman
(3) The local agency's written response to the claim, as further documented, shall b
submitted to the claimant within 15 days after receipt of the further documentation c
within a period of time no greater than that taken by the claimant in producing th
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thre
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writin
to all written claims within 60 days of receipt of the claim, or may request, in writing, withi
30 days of receipt of the claim, any additional documentation supporting the claim c
Special Provisioi
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(2) If additional information is thereafter required, it shall be requested and provide(
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant
(3) The local agency’s written response to the claim, as further documented, shall bt
submitted to the claimant within 30 days after receipt of the further documentation, o
within a period of time no greater than that taken by the claimant in producing thc
additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails tc
respond within the time prescribed, the claimant may so notify the local agency, in writing
either within 15 days of receipt of the local agency’s response or within 15 days of the loca
agency’s failure to respond within the time prescribed, respectively, and demand an informa
conference to meet and confer for settlement of the issues in dispute. Upon a demand, thc
local agency shall schedule a meet and confer conference within 30 days for settlement o
the dispute.
(e) If following the meet and confer conference the claim or any portion remains ii dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900
and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of thc
Government Code. For purposes of those provisions, the running of the period of timc
within which a claim must be filed shall be tolled from the time the claimant submits his o
her written claim pursuant to subdivision (a) until the time the claim is denied, includin,
any period of time utilized by the meet and confer conference.
0 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subjec
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(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings
the court shall submit the matter to nonbinding mediation unless waived by mutua
stipulation of both parties. The mediation process shall provide for the selection within 1:
days by both parties of a disinterested third person as mediator, shall be commenced withii
30 days of the submittal, and shall be concluded within 15 days from the commencemen
of the mediation unless a time requirement is extended upon a good cause showing to thc
court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratioi
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Codc
of Civil Procedure, notwithstanding Section 1131.11 of that code. The Civil Discovery Ac
of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 of thc
Code of Civil Procedure) shall apply to any proceeding brought under this subdivisioi
consistent with the rules pertaining to judicial arbitration.
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(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of th
Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in constructio
law, and (B) any party appealing an arbitration award who does not obtain a more favorabl
judgment shall, in addition to payment of costs and fees under that chapter, also pay th
attorney’s fees on appeal of the other party.
5 20104.6. Payment by local agency of undisputed portion of claim; interest on arbitratio
award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which is undispute
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg;
rate on any arbitration award or judgment. The interest shall begin to accrue on the dai
the suit is filed in a court of law.
0 20104.8. Duration of article; application of article to contracts between Jan. 1, 1991 an
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(a) This article shall remain is effect only until January 1, 1994, and as of that date
repealed, unless a later enacted statue, which is enacted before January 1, 1994, deletes c
extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between Januai
1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article
To that end, these contracts shall be subject to this article even if this article is repeale
I@ m pursuant to subdivision (a).
4-1 MATERIALS AND WORKMANSHW
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1 To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representativ
The Engineer shall have free access to any or all parts of work at any time. Contractc
shall furnish Engineer with such information as may be necessary to keep herhim ful
informed regarding progress and manner of work and character of materials. Inspection (
work shall not relieve Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testiI
materials and/or workmanship where the results of such tests meet or exceed tl
requirements indicated in the Standard Specifications and the Special Provisions. The co
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At the option of the Engineer, the source of supply of each of the 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 if th
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.
All backfill and subgrade shall be compacted in accordance with the notes on the plans an
the SSPWC. Compaction tests may be made by the District and all costs for tests that me(
or exceed the requirements of the specifications shall be borne by the District.
Said tests may be made at any place along the work as deeded necessary by the Enginee
The costs of any retests made necessary by noncompliance with the specifications shall b
borne by the Contractor.
Add the following section:
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B 4-1.7 Nonconforming Work
1. The contractor shall remove and replace any work not conforming to the plans (
specifications upon written order by the Engineer. Any cost caused by reason of th
nonconforming work shall be borne by the Contractor. t 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 limits t
the work. However, the accuracy of completeness of the utilities indicated on the Plans
not guaranteed.
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1 5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including servic
connection, desired by the Contractor for hidher own convenience shall be the Contract01
own responsibility, and he/she shall make all arrangements regarding such work at no co
to the District. If delays occur due to utilities relocations which were not shown of tl
Plans, it will be solely the District’s option to extend the completion date.
Special Provisio I. 10/20/92 Rc
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In order to minimize delays to the Contractor caused by failure of other relocate utilitie
which interfere with the construction, the Contractor, upon request to the District, may bl
permitted to temporarily omit the portion of work affected by the utility. The portion thi
omitted shall be constructed by the Contractor immediately following the relocation of th
utility involved unless otherwise directed by the City.
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I 6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and submit at th
time of the project preconstruction meeting a detailed critical path metho
(CPM) proper schedule. This schedule is subject to the review and approv;
of the City.
The schedule shall show a complete sequence of construction activitiei
identifying work for the complete project in addition to work requirin
separate stages, as well as any other logically grouped activities. The schedul
shall indicate the early and late start, early and late finish, 50% and 904
completion, and any other major construction milestones, materials an
equipment manufacture and delivery, logic ties, float dates and duration.
The prime contractor shall revise and resubmit for approval the schedule a
required by City when progress is not in compliance with the origin;
schedule. The prime contractor shall submit revised project schedules wit
each and every application for monthly progress payment identifying change
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each itel
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise th
aforementioned schedule(s) shall enable City, at its sole election, to withhol
up to 10% of the monthly progress payment otherwise due and payable to th
contractor until the schedule has been submitted by the prime contractor an
approved by City as to completeness and conformance with th
aforementioned provisions.
No changes shall be made to the construction schedule without prior writte
approval of the Engineer. Any progress payments made after the schedule
completion date shall not constitute a waiver of this paragraph or ax
2.
3.
4.
5.
I damages.
Special Provisioi
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Coordination with the respective utility company for removal or relocation c
conflicting utilities shall be requirements prior to commencement of work b
the Contractor.
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6-7 TIME OF COMPLETION
The Contractor shall begin work within ten (10) calendar days after receipt of the "Notic
to Proceed" and shall diligently prosecute the work to completion within thirtv (30) calend:
days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. an
sunset, from Mondays and Fridays. The contractor shall obtain the approval of th
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of th
Engineer. This written permission must be obtained at least 48 hours prior to such worl!
The Contractor shall pay the inspection costs of such work.
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I 6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of CompletioI
and any faulty work or materials discovered during the guarantee period shall be repaire
or replace by the Contractor, at his expense.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $ 250.00 pt day 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.
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have rating in best's Key Rating Guide c
at least A-:V and are authorized to conduct business in the state of California and are liste
in the official publication of the Department of Insurance of the State of California.
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7-4 WORKERS’ COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in thr
state of California and are listed in the official publication of the Department of Insuranci
of the State of California. Policies issued by the State Compensation Fund meet thl
requirement for workers’ compensation insurance.
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7-5 PERMITS
Modify the first sentence to read:
The Agency shall obtain, at no cost to the Contractor, all encroachment, right-of-wa-)
grading, and building permits necessary to perform work for this contract on District an1
City property, in street, highways (except State highway right-of-way), railways or othe I rights-of-way.
Add the following:
Contractor shall secure and pay for all County or State permits, fees and licenses necessar
for proper execution and completion of work as applicable at time of receipt of bids.
Contractor shall not begin work until all permits incidental to the work are obtained.
Contractor shall obtain approval for haul routes. Haul route approvals shall be issued b
the City Engineer. I 7-8 PROJECTS AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working day
at the District’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 muffle1
in good repair when in use on the project with special attention to City Noise Contrc
Ordinance No. 3 109, Carlsbad Municipal Code, Chapter 8.48.
Special Provisior
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I 7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the 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 a
all time, as required by the conditions and progress of the work, all necessary safeguard
for the protection of workers and public, and shall use danger signs warning against hazard
created by such features of construction as protruding nails, hoists, well holes, and fallin
materials.
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7-13 LAWS TO BE OBSERVED i Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and 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 thi
con tract.
8 FACILITIES FOR AGENCY PERSONNEL
1.
I Delete this section.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amoun
e
1 of retention.
10 SURVEYING
District Engineer will establish a system of surveyed horizontal control points at 25 foo
stations throughout the project and at each angle point location. The Contractor shal
establish all intermediate lines and grades through the use of appropriate equipment.
Contractor shall preserve all surveyed control points. All expenses related to replacement
if any, of the preceding which have been disturbed or destroyed by Contractor shall be paic
Special Provision
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Where bench marks or other permanent markers must be disturbed or removed ii
constructing the Project, carefully preserve item until a reference has been made for it
relocation, notify the District Engineer in sufficient time for item to be relocated withou
causing delay in the Work, and pay all costs related to such relocation.
Notify Engineer well in advance of the date and location of Work, so that the permanen
horizontal control to be furnished by the District Engineer may be established.
The Contractor shall pay double time for survey work that he requests to be done prior tl
7:OO a.m. or after 3:OO p.m. Monday through Friday, or on holidays or weekends.
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 payment will be made.
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10" diameter stop footing. Omit if roadway is concrete.
HALF ELEVATION DOUBLE SWING GATE
Diameter of footing = 4 P times ouaide diameter of post
NOTES
1. All footing shall be 52UC-2500 concram 2 The following items shall be furnished and installed only when shown on the plans and/or called for in the special provisions:
3. Chain link fenw shall conform to Section 206-6 of the Smdard Specifications for Public Works Construction unless specifically noted on this drawing.
a. Barbed wire a Extension post
Lock type fork latch
EXTENSION POST AND BARBED WIRE LEGEND ON i
WALK GATE e-
w
Revision IByl Approved Date ntcnuumnto :I THC - SAN DIEGO REGIONAL STANDARD DRAWING ItG,ONrl nlJloknos c -Walk gate I fld Wb. /&tl
$- 1b rnA &dU Eowa~~ nu mot
DRAWING NUMBER M CHAIN LINK GATE :Cone'
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outside diameter of post.
NOTES
1. All footings shall be 520-C-2500 concrete.
2 The fallowing items shall be furnished and installed only wl
sham on the plans andlor called for in the special provisio
a. Barbed Wire
b. Extension Arm
c Tap Horizontal Rail
3. Chain link fence shall conform to Section 206-6 of the
Standard Specifications for Public Works Construction
unless specifically noted on this drawing.
4. See Standard Drawing M-20 for additional details
EXTENSION ARM AND BARBED WIRE LEGEND ON PLAh
co-c--)-c
v 1 Revision By Approv
pP n.a
Notes b W.6.
Notes % a,&#
ICGlONAL IfCOYYENOtO STANDARDS IV THE COYYITTLE SAM DlfGO SAN DlEGO REGIONAL STANDARD DRAWING
L Note 3
@ddu &e, IT75
brdwI01 R.E.E. 198401 On* CHAIN LINK FENCE DRAWING NUMBER M-6