HomeMy WebLinkAboutJHP Construction; 1991-05-10; U/M 91-3-d -
February 27, 1991
ADDENDUM NO. 1
PROJECT: 1990-91 CURB, GU?TER AND SIDEWALK REPLACEMENT
PROGRAM, CONTRACT NO. U/M 91-3
Page 2, paragraph 2 existing wording "The following classifications are acceptable for
Contract: A, C-12 or C-32 in accordance with provisions of State law".
Revised wording: "The following classifications are acceptable for this Contract : A, C-12
or C-8 in accordance with the provisions of State law.
This addendum, with receipt acknowledgement signed, must accompany proposal when bid
is submitted.
No change to bid opening date. @
Am1 e RALPH W. ANDERSON 7 Director
e receipt of Addendum No. 1
H:\LIBRARY/UM\WPDATA\C"T9 1 025 .AD 1 U-
2075 Las Palmas Drive - Carlsbad, California 92009-1519 (619) 438-7753
I
f
I‘
8
I
@
1
h
I.
1
I
I
1
1
I
TABLE OF CONTENTS
Pane No - NOTICE INVITING BIDS.. . . . . . . *. . . . . . . *. . * ~. ~. . . . . . o.. *. . . . . . . . . . 1
CONTRACTOR’SPROPOS .......................................... 4
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . .. . . 9
DESIGNATION OF SUBCONTRACTORS . . . . . . - . . . . . . . e . . . D . . . . . . . . . . e . 11
BIDDER’S STATEMENT OF FINANCIAL, RESPONSIBILITY . . . . . . . . . . . . . . . . . . 13
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . 14
I
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . D . . . . . . . . . . . . . . . . . . . . . . . 15
CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . 16
LABOR AND MATERIALS BOND . . . . - . . . . f . . . . . . . . . . . . . e . . . . . . . . . . . . 24
PEREORMANCEBOND ........................................... 26
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . e . . . e . . . . . ~ . . . . e ~ . e . 1 . . . . . . . . 28
RELEASEFORM ............................................... 32
SPECIALPROVISIONS -. . . . . . . . . . . . . . . . . . o. -. . . . . . , . D.. . . . *. . . . . . 33
SPECIFICATIONS.. . *. . . . . . . . f.. . *. Q.. . -. . . . . . -. . . . . . . . . -. . . . . . o 40
LOCATIONMAPS .............................................. 44
6
1/14/91 Rev. t*
et1
w
1 CITY OF CARLSBAD, CALIFORNIA
NOTICE I"G BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200
Carlsbad Village Drive (formally Elm Avenue), Carlsbad, California, until 4:OO P.M. on the
14th day of March, 1991, at which time they will be opened and read, for performing the
work as follows: 1990-91 Curb, Gutter and Sidewalk Replacement Program.
1.
1
CONTRACT NO. U/M 91-3
The work shall be performed in strict conformity with the specifications as approved by the
City Council of the City of Carlsbad on file with the Municipal Projects Department. The
specifications for the work shall consist of the latest edition of the Standard Specifications
of Public Works Construction, hereinafter designated as SSPWC, as issued by the Southern
Chapters of the American Public Works Association. Reference is hereby made to the
specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned
businesses.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required
by law. The bidder's security of the second and third next lowest responsive bidders may
be withheld until the Contract has been fully executed. The security submitted by all other
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section
22300), appropriate securities may be substituted for any obligation required by this notice
or for any monies withheld by the City to ensure performance under this Contract. Section
22300 of the Public Contract Code requires monies or securities to be deposited with the
City or a state or federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
i
I
c s
1
1
I
I
1.
I
I
a.
I
1. Contractor's Proposal
2. Bidder's Bond I 3. Non-Collusion Affidavit
1/14/91 Rev.
f
.li 2
I
T
C
U c
1
5
1c
fi
I
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities
are approximate and serve solely as a basis for the comparison of bids. The EngineeJs
Estimate is $126,650. It is estimated to take twenty (20) work days to fully complete all
aspects of the project, including sweeping.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number,
expiration date and classification in the proposal, under penalty of perjury, pursuant to
Business and Professions Code Section 7028.1 5. The following classifications are
acceptable for this contract: A,C-12 or C-32 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract
documents in lieu of the usual 10% retention from each payment, these documents must
be completed and submitted with the signed contract. The escrow agreement may not be
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue),
Carlsbad, California, for a non-refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of
the Labor Code, a current copy of applicable wage rates is on file in the Office of the
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less
than the said specified prevailing rates of wages to all workers employed by him or her in
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720
shall apply to the Contract for work.
A pre-bid meeting will be held on February 13, 1991 at 2:OO p.m., at the Utilities and
Maintenance Administration Conference Room, located at 2075 Las Palmas Drive, Carkbad,
California. A tour of the project sites should be made prior to the pre-bid meeting.
All bids are to be computed on the basis of the given estimated quantities of work, as
indicated in this proposal, times the unit price as submitted by the bidder. In case of a
discrepancy between words and figures, the words shall prevail. In case of an error in the
extension of a unit price, the corrected extension shall be calculated and the bids will be
computed as indicated above and compared on the basis of the corrected totals.
0
h,
s
1
i
1
I
I
1/14/91 Rev.
f
fr 3
I
T
8
t
t
t
1
I
Ro .&~ Dat 1
1
I
I
I
1
I
I
P
All prices must be in ink or typewritten. Changes or corrections may be crossed out and
typed or written in with ink and must be initialed in ink by a person authorized to sign for @ the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
to bidding. Submission of bids without acknowledgment of addenda may be cause of
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and materials
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (SO%),
respectively, of the Contract price will be required for work on this project. These bonds
shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City for a period of one (1) year from the date
of formal acceptance of the project by the City.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, California, by Resolution
No. 91-24, adopted on the 22nd day of January 22, 1991.
I
L5-L- &, czd
&a L. &e& an&y Clerk
1/14/91 Rev.
?
C 4
B
I
I
C
1
I
B
I
!
il
1
I
1
8
CITY OF CARLSBAD
CONTRACX NO.
CONTRACXOR'S PROPOSAL
1990-91 CURB, GUTTER AND SIDEWALK REPLACEMENT PROGRAM
'I a
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish
all labor, materials, equipment, transportation, and services required to do all the work to
complete Contract No. U/M 91-3, in accordance with the Plans and Specifications of the
City of Carlsbad, and the Special Provisions and that he/she will take in full payment
therefor the following unit prices for each item complete, to wit: c
Approximate
No. and Unit Price Total
and disposal at mdp
Dollars and 0
Cents per lineal foot.
disposal at
Dollars and .W(j
Cents per square foot.
3. Driveway approach removal
and disposal at (&&
Dollars and 8
Cents per square foot.
4. Root barrier installation,
Item Quantity unit
$3 *- +7m%-/
$So $eAnqOL+
/:I $ -7q:\i/
i 1. Curb and gutter removal
850 lin. fi.
2. Sidewalk removal and
15,175 sq. ft.
741 sq. ft.
I%Q.R 4" - 0.- Cents per
lineal foot. 300 lin. ft.
5. Type "G" PCC curbs and I
gutters installed including $1 SI---
lineal foot. 850 lin. ft.
1/14/91 Rev
P
t 5
1
I
1
1
li
I
0.
1
I
I
1
J
I
1
II --#
Approximate
Item Quantity Unit No. and Unit Price Total
6. 4" PPC sidewalks I installed including $3"r, Y5-5 fine grade complete
in place at -h;n
Dollars and &3
Cents per square foot.
7. 5-1/2" PPC driveway
approaches installed
including fine grade I mplete in place at
I.
15,175 sq. fi.
p&%y-/. /- $q 1- ai2
$@!J/ 6 -7755 '
removal at m $/?a $a33.5 I
square foot. 741 sq. ft.
8. 6" PCC cross gutter
including fine grade
complete in place at d*x Dollars and
e.%() Cents per
square foot. 1,590 sq. ft.
9. 6" PCC cross gutter
Dollars and ,Ti
Cents per square foot. 1,590 sq. ft.
10. 6" PCC spandril including
square foot. 1,518 sq. ft.
11. 6" PCC spandril removal
at m Dollars L 9 sa
and ea Cents
per square foot. 1,518 sq. ft.
Prke(s) given above are firm for 90 days after date of bid opening,
Addendum(a) No(s). [ has/have been received and is/are included in this
proposal. )Pi
" IcJ L.;\ 4
~*~~~ 3 If jh $ +Y + 1/14/91 Rev.
f
m 6
The Undersigned has checked carefully all of the above figures and understands that the
City will not be responsible for any error or omissions of the part of the Undersigned in 0 making up this bid.
E
a
I
c
I
E
I
I.
I
i
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that they are licensed to do
business or act in the capacity of a contractor within the State of California and that they
are validly license , classification ,A+ 6
which expires on . This statement is true and correct and has the legal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant
to the Business and Professions Code shall be considered nonresponsive and shall be
rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved, no
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance
with California law. However, at the time the contract is awarded, the contractor shall
be properly licensed. Public Contract Code 3 20104.
The Undersigned bidder hereby represents as follows:
I
license number 3qA 5ilO
1. That no Council member, officer agent, or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this Contract, or the compensation to
be paid hereunder; that no representation, oral or in writing, of the City Council,
its officers, agents, or employees has inducted himlher to enter into this Contract,
excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and
2. That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or 1 fraud.
I Accompanying this proposal is 3; & ‘so 4
(Cash, Certified Check, Bond or CashieJs Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this
Contract and continue to comply until the contract is complete.
I
I
f
1/14/91 Rev.
f
8
I 7
E
1
8
I
31
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article
2, relative to the general prevailing rate of wages for each craft or type of worker needed
to execute the Contract and agrees to comply with its provisions. 0
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: I (I)
(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. m
IF A PARTNERSHIP, SIGN HERE:
1; (1) Name under which business is conducted
8. (2) Signature (given and surname and character of partner) (Note: Signature
must be made by a general partner)
I
(3) Place of Business 1 (Street and Number)
City and State
Zip Code Telephone No.
m
t
1
I n
8 1/14/91 Rev.
f
4 8
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted -3-2 CQh%tV WAk; h
I
I (2)
1
I
E
I
b
I
4
1 L
I
8
1
I
F
Title I Impress Corporate Seal here
(3)
(4) Place of Business
Incorporated under the laws of the State of
City and State
(5) Zip Code qW'9-t Telephone No. a\y - &77 '%&Q
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice pr
corporation; if a partnership, list names of all gene I
1/14/91 Rev.
#*
CAT. NO. "00737
TO 1945 CA (8-84) g TlCOR TITLE INSURANCE (Corporation)
STATE OF CALIFORNIA
COUNTY OF sfid b\)lE@/3
w p: Y
)% personally known to me or
% proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged i to me that such corporation executed the within instru-
of satisfactory evidence to be, the person who executed the within instrument as the F&S t
President, and i )/,C F ms 4 - &&X
c
(This area for official notarial seal)
I 9
BIDDER’S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
, as Principal, and
i
I
I
I
C
I ....
I ....
I
1 ....
I
I *...
I
8 r.
1
a administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the
above-bounden Principal for: 1990-91 Curb, Gutter and Sidewalk Replacement Program,
Contract No. U/M 91-3, in the City of Carlsbad, is accepted by the City Council, and if the
Principal shall duly enter into and execute a Contract including required bonds and
insurance policies within ten (10) days from the date of award of Contract by the City
Council of the City of Carlsbad, being duly notified of said award, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect, and the
amount specified herein shall be forfeited to the said City.
e..* 4 ..SI
....
....
..e.
I ....
....
1/14/91 Rev.
AMWEST SURETY I SURANCE C
WOODLAND HILLS, CALIFORNIA
BOND NO. 1187435-3.1
PREMIUM BRSTJ
BID DATE: --
0
BID BO
KNOW ALL MEN BY THESE PRESENTS, That we, JHP Construction, Inc,
(hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation,
organized and existing under the laws of the State of California and authorized to transact a general :
business in the State of (hereinafter called Surety), as S
are held and firmly bound unto City of Carlsbad
California
(hereinafter called Obligee) in the penal sum of
Nine Thousand Eiqht Hundred and OO/lOO
Ten percent ( 10 "/O) not to ex
Dollars ($ 9 - 8nn - nn **
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administr,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is abc
submit a proposal to the Obligee on a contract for Curbs, gutters, sidewalk replace
proqram, no, U/M 91-3 0
NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such tin
may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee fc
faithful performance of the said contract, or if the Principal shall fail to do so, pay to the Obligee the dan
which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this oblig
shall be void; otherwise to remain in full force and effect
SIGNED, SEALED AND DATED THIS 13th DAYOF 9 I 19- March
L
tt
z la
[i e L-1
b UN-A~O~ 3188
STATE OF CALIFORNIA, COUNTY OF San nipnn ss .
On March 13, 1991 , before me a Notary Public, within and for t
County and State, personally appeared Pamela Bentley ,
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to thi
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledge
that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his ow
as Attorney in Fact.
& UN-A9008 (REV. 2/90) n
BOYD NUMBER
NOT VALID AFTER
$9,800.00**
City of Carlsbad
EE OF AMWESJ SUSETY INSURANCE COMPANY
tomey-in-Fact, with limited power and authority for and on behalf of the Company as surety,
$****2 5080 60 .) 0 0
ous Bonds up to $+W**25,000,00
ness Administration Guaranteed Bonds up to $=%*l/25OrOOO
the Company thereby This appointment IS made under and by authority of the
hi& arc now in full force and effect
CERTIFICATE
m> p<c e &z;L'ki ,af DirectGFs
This Power of Aiiorney is signed 2nd seclccl by iacsAmile under ard 3y the authority of ihe following resolutions adoF
Board of Direcicrs cf Acl~vesl Surety Ir.su.rance Ccmpai-,y ai a ireeting duly held 02 December 15. 1975:
RESOLVED. txt the Prcsidcni or ay Vice Prcsident, i:i corLjunccon wi:h e'ne Secretary cr any Assisiani Secrc
-in-kci or agcn.s \\,it:: aui?orit)- as def:ncd or 1imi:ed in thc: ins:rumint evidencing the appoint1
o: hehalf o, tl-.e Coripay, t3 cxccute ay-d deliver and dfix ihe seal of the Company to bc
undertakings, recogn:zanccs, and sGrc:);ship o3l:Lations cf all liind.5; and sad ofkers may remove my such attome:
fact or agent and revclke any 2oue-r ol aitcl-ney pxv ously gran:ed to such person.
RESOLVEC FURTIER, ihai any bond., ui-.der':zklpg, recognizcnce. or sureiyship o5ligaiion shall be valid ar.d bin
upon the Company:
(i) \i;'nen signec by the ?resilent or axy Vice President and attested ar.d sealed (if a seal be required) by any
Secretary or Assistant Sccreiary; or
(ii) when s:gncc by :h. ?:rcsiicnl o: a.ny Vice I'rcs,deni or Secretary or iissistznt Secretary, and cozntersigned
2nd scaled (if a scal 3c rcc,uirc.:i) by a duly nuihorized auorney-in-fact or ageni; or
(tii) whcn duly cxccuicC and scaled (if a sc:l be rccyircd: by one or more ::::orneys-in-iac: or agenes pursuazi
to and withi:-. the limi,:s of ihe auihonty el-idenc-d by clie power ol attorney issued by the Company to
such pcrson or persons.
RESO:SIX FURTI-;FR, [hat the s'gi-.atiuc cf my zut5orized officer and the seal of the Company may be affixe
facsimle to any power of s::orncy 3r cmificaiion ihc:-:of aLthorizing ihi execJiio i and delivery of any bond, cnderta.
recognizancc, or oikr suwyship o3l:gaiio:x oi the Compmy; and such signaiurz and seal when so used shall haw
same force and effeci as though manml:y ifixed
IY WITNESS WHEREOF, Amwest SLreiy Iiisurar-ce Com?any has caused ihese presents EO be signed by its proper oi
I 1
its corporate seal io be hereunto eflixed this 1si day of December, 1990.
,,,\\\~l~~!"~llf,~,~
++&,.)!?!84 '.. QJC" "'.,
2'3. $9.. oflP o&?,(.. @% 3 @:'$$F\V 7, G., 0 ! o2 o z
%'+'.. . .sli $O$. : $.S
=+--:- zm: ;x: =, UJ :, 7975 : b = ZZ-. c ,- .;2 3
+,,[ \\,\I\''
,+' $,& '.. ....... '/
iiiiiiiliiii
STATE OF CALIFORSIA, COUNn OF LOS ANGELES
On :his lsi day of Dcccmber; 1990, pcrsona1:y came before me John E. Savzge and Karen G. Cohen, to me know
individ1mls and ofrlccrs of Arr.wcsi Surc:y 1ns:ra:icc Cornpa u:ho execulcd the abov~ instrument, and they have acknoLx
execution of the s:n-.c, and being by nlc du:y sworn, clici sex cy depose and say that [hey 2re the said officers of the corporaiic
and that :he sccl al'fisecl ic ihe above i:-.sirumcnt is ihe scal o the corpora!:on, end that said corporaie sea1 and their signaiv
officers wcre duly afiixed and subscribed 10 the said instruinme ?y the authority of the Board of Directors of said corpoi
xes
1
iver a.ncl affix thc seal ~i L:-t~
sad oeicers nay re:xc\ ?
P\E,S<] I.-?,,q:. i) F. \;jt.r k e, or suretyship obligaiio
t mi ariested snd sealed (if a seal .kc
anti :he sed ai :he Co:r
ey or cert!ficarion ther
west Surety Ir:sum1ce 1nmy ?as caxed lhese presents io be si
unto ariixed ihis Ist day o.^ ij
r
I__-_ t
STATE OF CALIFORNIA, COUNTY OF LOS AXGEi-ES
On :his 1st day or December, 1990, persona:ly cane oefcre me Johc E. Savage and Karen G. Co'ki: :o n1.e !mown :o
individi;als and olGcers cf Amw:si 5uret.y [nsixance Corn?any, who executed the above instrumen:, 2nd ihcy haw al:known?.leclg
execution of <ne same, ani ixing by ne daly sworn, did s i-dy depose and say ihat they are he said oifirers
arid that the seal. alfixeil to the above mstrunient is :he d (1; he ccrporarion, and ihat said corporate seal a
officers were duly affixed and s-ibscrhed LO the said insti e.:: by ihe authority of the 3oard of J3irec:o
I
10
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.
Executed by PRINCIPAL this day of Executed by SURETY this day of
,19-. ,19-.
i
PRINCIPAL: SURETY:
I a
I (Name of Principal) (Name of Surety)
By: By: 1 (sign here) signature of Attorney-in-Fact
I (print name here) printed name of Attorney-in-Fact
U (title and organization of signatory) current power of attorney) ’ By:
(attach corporate resolution showing
(sign here)
(print name here)
I
I
8 c
lr
I z
1
(title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
1/14/91 Rev.
#@
I
11
DESIGNATION OF SUBCONTRACXORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
in making up his/her bid and that the sub-contractors listed will be used for the work for
which they bid, subject to the approval of the City Engineer, and in accordance with
applicable 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
these subcontractors except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each sub-contractor. Additional pages
can be attached if required:
;.
I
t
I x-\
1
I Work Full Company Name with Zip Code with Area Code
Items of Complete Address Phone No.
"\
"e I
4
I
I
II
E
I
i
1
1
\
1/14/91 Rev F
I
12
DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to provide the following information on the subbids of all the listed
subcontractors as part of the sealed bid submission. Additional pages can be attached, if
required.
;.
I
1
1
I
I
I
b
I
I
I
I
I
I
1
I
Type of State
Contracting Carlsbad Business Amount of Bid
Full Company Name License & No. License No.” ($ or YO)
c -
J
* Licenses are renewable annually. If no valid license, indicate “NONE.“ Valid license
must be obtained prior to submission of signed Contracts.
1/14/91 Rev r.
I
I
I
1
0
1
I
I
I
I
I
.I
8
I
a
P
I
13
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility,
I;.
4
1/14/91 Rev.
1. 1;1,D* 33- s>w370
&dl Gap st Rw'-lb4tl
-7- \ 0-4
a
F S i\ittNC 3 At. ST ATEMEMTS
J t-1 I' CCINGTRUCTION INC.
OCEANS IDE f CA 92(:)54
130 SOUTI4 t-lILL- STREET, SLJITE U
AS OF 12/31/'3C)
e
0
3 H P CUNS IKFilJC I LUN I NL.; (.
.. -, i I(:) SOUTI-I t-IILL STREET', SL.!I:?E T'i
OCEANS 1 DE, [:A '32(1)54
FROM 12/(:)S/'3(1) '$ I;: -[ (I:! 11, ;; -1 E
1- [-! 1 :2 ,,/ ;.; 1 ,/ ,2 (1) T 0 1 2 ,/ 3 1. / '3 (:i
I NCUME
0
Jn& :)I 1 B (2 . (I,(:) (:i . i:) :! '$ .i 1.') ~ 1 (1) yjj ~ (.:I i:l
] (1) -; y 3 7 ,::I. L g ,::. ,. , (1) n i:j (1) (Li II (1, ;(
i;> y (1) ;<
i-f . 11) ;<
i_ , r; 1. x:: $1- '.. ,J u E ' :w 84 (2 . t1iir) (I! " (1, ;:
!i;Al.ES -- JOE ($5 (1) . (:I(:) c:) ~ 0 2
~,~ - ~~-.., CONTRACT - INCOME €35 , 8 €3 6 . 3 8 3. t:) (3 a (3 7: _. ' 2%" ~ , I-AT'E C:HARGES -4.. 28 i:, * r:, x . . i
0 . (:)i>
(1) . (:it:)
C3 C.!
---I--___-__
TOTAL. 1 NCCJME $ 85 , 882 ~ j, (1) j. (I)(:) ~ i:) 7: 5;
COST OF SAL.EiT:'r
.... :i- j. i:i'3 ~ i>BT y (11 11.:
.>(-j" (-jT-:, CJc::
.-; ,p,,!i-.,\.-
,'.,~:~,f~~l..~~?i~.-'l' (:) . (:I(:> (11 . (3 ;: ...... ., r, . i...
' . !~>~Ij~::p~ . - I.., 5, " (:I(:) t:> ,. i:, x
[,< 6,s; I ,, '4 x
I .I ,. t':j;<
6, 1 l :1 I 19 -;? " .i I. -/ ," \?$ % ! "F
I-. A,..
1 ~ 227" '3 j,
(:i " I::> (-I :; 1 I* 1 ::(:, " (.>!' '3 8-1, izJ " 3 ',Y
0 . 00
r. .::, :I: G r.1 s
,, / Pi&+ "!-)E F:; :[ ($ 1.- ::,
D r3.i -/.. 2 A C: T I N ii
, 'i.
...... d,. ...
4.6 ~ 35:; . ,.j. 7
1. 1 , 753. 35
'VEHICLE -. INSURANCE 4 it(:) . (SO (:I " 5 x f- BOND - INSURANCE 65 . (:)(:I (3. 1 x I '3 ' '3 3 .dr , .:4:2
I... I AE . 1: NEILJRANCE 1 p -.?.(:>G. 83 1.6% 1.3? 683, 14 MDRKEH'S COMP. INSURANCE 7.5'3 c:i ~ i:) 7; 7 72;f-Z?,
1, 1 - -.a c, 'I I::C!NSTRl.JC'T'I ON MANAGERS (:) " r:>r:> i:j . i:) 7: y (-):..." __.,.
14 c\ GF. s (:I , (:)(:I (:j . (:) 2 j, '::'E *"d7 1 (-)cJ - " 1 (., 1.
- - .I
~ i i"iYiENT IiENTA 1. (:) . (:)(:I (*) . (-j i.
+ i-':' E F? E M OV A 1.. 0 I, (:) x MENT LEASED (1) . (:,(:I (1) . i:) 7; 1 1 y 86 8 . .::I. ,:I
(-)G 7 .I ~4 '3 ~d.
CAS!.!Al. LABOR '3.1.7 . (:)(:I :1 a s 7: 26, 6'7iJ I (:!E
e:.: 4 7 E; " (1) :;:: F :[ (::A (: E X PL CIY E R ' S :) EX PENSE (:I , (:)(:I (:! . !:) ;i iJ ?
! 'EL) II l.lI~lL::IvIPLC)YIvIENT EXPENSE (3 u iX) (_i I (.) ;!
STATE I..JNEIIPI..OYMENI- EX PI (:) . (I)(:) ( 's I (:)x ..........-.-. -. ................
TOTAL COST CIF SAI..ES $ 41 r 180.' @:I 8 " t:) 7: 3. -. ........ I - _. ........ .....................................
GRDSS PROF :I 1- % -14 " 7() 1 " :2t; 5:;: . (1,:; 3; z:2z> y E3 .;y, :L " :.-; yj
OPERATING EXF'ENSES
WAGES % 1 I 3G8. O(, S.GX $j I '3 1 3 :I. 1 . 0 (1)
St',, 1. A F7 'I 1-S (1) - (3 x
1 (:)4. E6 0.IX
7' . l...I.) 7': . i.!l'~!i~l~'iPl..C:JYrIENT' Ex PENSE 1 (:I .I '35 (::) . <:) :.:
(3" i.!I'JEMPLCIYMENT EXP. 4.7.88
bJtlRK:EF!* S COMP. INSURANCE (:) II (:)o C) y i:) x 1. p ,:, b ;-: I 3 '3
0 . (:I(:) 5 1. -7 , 5 (2
(IJ . 1 x
7-, .- -
Prepared Ey ADVANTAGE EOQt::k:EEPING, INC. e UNAUDITEU
I (1) ~ (IiQ <:! . c:t 7: " I -1
(;I y i:i(Ii , , ,-I &,q (, ;'E
7 '7 6 .. :;..1 i) . i:)(:) / ._
,;) ~ 5 ..I 8;) " '1 77 i:l " (:)i:> ._
.;-!\.!) :!:> ,: :,[.JES(.l:T.? J. /:>'I-:[ [jp>j5 4 d K= * '9b .- - L" 17: c)(;>F; " ,; 1':
' .PI1 'I ,[!'r [...E EEI\IEFITS (1) . (:I(:) 1.11 , (1, ;( 1 , 1 (:!(I (, !:!I:: !
1:: r.j -1- I_ Fi -1- ,; :i hj M E pd 2-
,;i: i (2 ,, i; I i' > mt! :I. mqjt-:'r..i-r REN-rAi..
F: i.! E I.. il . 1 i:) E3 ~ Fi i: '
~T[]~l1...:< 1;:x ['Eb!:;L: ",
- .,, I.-! .-. j. (:I 7;
,-, i i:) , (I)(:> i_i . (:j 7; <, ..j I
(:) , (:)i:)
360. 34
i:! . !:) ii
I'; . ,:+ ;.;
0 .:
i-! ,, 8.. I i.! 1 ,, " ,.:I ::
<;! r i:) ;<
(:) . i:) x
i C! I._ I1 I 1'1 I.3 I? (:I V E i'l E N 1- (1) . i:)(:)
(1) , (I)(:,
?L , 3 1 5 ~ <:!(:I 1s AI\Ifi FEES (2 . <;)(:) (:i . i:! ;b 1. 1 6:';o" I i3
.:I. .. 638 . 3.7 UFF I: CX SUPP L I ES 0 " 00 (1, ~ i:t ;; 9 (1) 3 ~ 5 E{
PLANS Z,, SPECS t. 1 PJ. - (3 2 (:j . '7 ;I .q. " c.; .? (1 j . 1 5
1, T p.3 &E! i.2 n s T AG E (1) II (:)(:I i:i ~ i:) X L)LJ Y 2
I.. E f.; A I.., F: [: 1: S (:i ~ (>i:) (1:) )1 i:) 71 1 4 . (1, (:'I
i:) ~ i:)(:)
1 p 3 5 ;L:i . (5 1.
!:j . !:I ;<
.L II i:> X 1- ti (2% I 1\1 -r E N ,<A tq c: E
--,c_.-." --,r-, ' - .. .. i-'t\.iAl..?"Y 8.. J. NT'EREST (2 " i>(:) !:! . !I>:! I L1 .' ,. / :L. AND SMALL. 'TOOLS 4. E, . i:! 5 i:! y 1 2: E{Ljr 5 ~ $3 1
1:: 1 t.2 L1 1 :.:: ... _y ,_ i:j II 00 !I 1 t:, 7:
4 8 E, . ::: 3 (1; " 6 X
(:) s i:>(::h . , I ...I Y
-I- E L E Pt-wiw .- ;I ,I".' [j -r ki I.:: ~4 "r c., x E 5;
-------.. ------_ ._ -. .- - - __ ._ - __ .-. .._ ._ .
T'(::)T'AL C3PEBATING EXPENSE $; 5 L 5 7; :;. j. ;? 1, , $j.-tt " ?>(I, - - - - _- I I - - - - .I.. - -_ -. -- -- ..- - - .- - I .-
.-:a i .? i-,4 .::. 7 c 4:. . A_ v - L . 4 <:I. 6 c './ $. INET OPERAT: I NE3 I: NCCIPIE $I 4 0 p 1:) (:I 5 . (:> 7 . Sf"
PRQVISION FOR TAX
-., % (1) I i:!O i:i y (? x g ;' ,, :. 3 g " [:I €3
0
- - - - -_ - .- -_ _- __ .._ __ -_ - __ -_ ..~ I -.. -_ -_ __ -- ...
-'Y : !, I ,.A,, 1 -I_' {+ ): 1: T E: M {i;! $j (:I ~ (3 (1, (11 ,. i:i ?: 2; I' " 1. 2 F3 ,. ' - - - _- I - - -- __ - __ __ ..______.._.____ ~ _____ r\iu II\ICOME c:Ir -- LOSS - $ 40 , (I)(:)5 " (:)7 i7.F 2. L,L .: .' B ;;I: i:) <:I. y '3 (:),.:I. ,, 6 ;T
. ....._... " ...__..___..___.._.... ....._...."_I__-_..___.__ ------I - - - - -. --1-1-1-1---
k., i:i;:j:hrF;r?d ECy ADVANTAGE: EOOt::liE:EF'I:1;!G, T NC. 0 UNAUDI 'rm
OCEANS IDE, CA '3''?0"-1. &_\. ..
BALANCE SIIEE.1"
A 5 OF 1 2 ,: 3 1, ,,I '3 c)
AS $; E T 53 0 CURRENT ASSETS
c: A :: II I N B A r..i t(:: %
TOTAL CLJRRENT ASSETS $; y . ,..! '. ts
- ... - - ...... - I - ...... , (1, I t::.-,3 . -7 ..-
..............................
F I XED ASSETS
AUTC:IMOT I VE B 47, 007. 1. i
6 '3 ~ '36- .'? '3 r2 1'1ACH I NERY ?< EQU 1 PMEN'T J.1.. m
T:~~lJr"I:.!IT'[JRE: Z,: FI XTI.JRES 1 , 25-7 rn 5E3
f:'i 1~"1~.11-,~-1-:~::~~~ IIEPREC IAT IC3N ..-@3, S.1.Sfj - 3.7
- - .. - - ... I - ..............
I .-, ,::.- I (:)'f';\i.- 1:: I XEI> fjCjSE'I"S .:.. If a . _I._ ,._I ><.. .. -
.................................
OTHER ASSETS
__ cr 17 C' LOANS NECE I VAESLE ' % LJdLJ L ,:1.6 .- I I -_ -- I - - _" -- -- _-
_,_ C'T? c . 'T'OTAI. DTt-iER ASSETS rl; -I -2 >., . *:.I. 6
P, $.
..... - ..................... - ...
I.. I AT? 1 I.. I T I ES a ric! CA F' I T A 1.
CURRENT LIABILITIES
3 f '36'7, 5 1,
j::) A y 1; rj 1,. 1.. -1 i'AVAELE 8 ~ 73;: I 9 1
TOTAL r:[.i/ , , kBILITIES r& .., 1 2: p 7 3.1, ,) II I. ;. 2:
. PAYAE1.E fg [,cJ('li 1:. 1:: r; P C:; i.' ' , ,: ' )
e
....
---I - - -- I - - -_ "_
- .................. - .....
LONG TERM L 1 AE I L I TIES
1.. [.I AN F'AY Ab L. L 4;
I OANS LESL. IF!% t4ATR
I I )AN T"AYAI!I I ALI-T'L:) 1 :::J , .._I 1.., .. ' " 1 J c J - - - -- - - - _- __ -_ __ -_
." P'' I i CII A 1. 1.. UIV C:, I I: I i Pi 1.. I: AB I: 1.. I 1' I E E; '& ... L ,..; y ,.I . :J ( J . !.I I. .. - ..........................
CAPITAL
-:--a * ,.pc OFFICER DRAW- J. PECART % u\.J . 5 I
CIFFICER DRAW - J HARTMAN -53,2E,6 .L '3 '7
r.4E.T PROFIT ctr 1-(3SS 2 (1) 4 , "j (1) *:I. I 6 '7
.j_ (3 T A 1- il A 1' 1 I- A L :{5 '3 il,
I... (3ANS TO OFF I CERS -2, 880. >:(:)
FIETf3INED EARNINGS I 5 , 3-,7(:! I ~~~1i~:v
--I-.__- I-..--___
P~-epared By ADVANTAGE BOn~::~::EF;:'I:r'..iG, 'I: i;lC3. 0 UNAUD I TE:D
1
,I,, -,-- ^,_ *-,I:,”, L.111 -...-
e
0
Prepared Ey ADVANTAGE FOOb b ElEPIP\lG, !‘r‘::., 0 UNAUDITED
I
I
I
I a
I
1
I
I
I
I
I
I
1
?
I
14
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I.
The Bidder is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully performed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill.
An attachment can be used. T
4
1/14/91 Rev.
I
B 15
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMI'XTED WITH BID
State of California 1
County of 1
I.
) ss. II
1
1
1
1
I
4
I
I
I
I
8
1
I
SJdW ?KCLL~ , being first duly sworn, deposes
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
shall refrain from bidding that the bidder has not in any manner, directly or indirectly,
sought by agreement communication, or conference with anyone to fix the bid price, or of
that of any other bidder, or to fix any overhead, profit, or cost element of advantage
against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and further, that the bidder has
not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the
affidavit was executed on the A day of
is true and correct and that this
Subscribed and sworn to before me on the I (NOTARY SEAL)
r
1/14/91 Rev.
t
rsonally known to me
to be the person(s) whose name(s) subscribed to thc
certficate to another documel
MIS CERTIFICATE
MUST BE AnACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
I
I
11
I
I
I
4
U
I
c
I
I
I
I
I
16
CONTRACT - PUBLIC WORKS
This agreement is made this 1 oT4 day of N el?
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and
businessis 2110 S. HILL. SUITE D. OCFANSIDF CA 93054
, 19a, by and between the
JHP CONSTRUCTION whose principal place of
I.
1 (hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract
documents for: 1990-91 Curb, Gutter and Sidewalk Replacement Program,
Contract No. 91 -3, (hereinafter called "project") 3
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials,
tools, equipment, and personnel to perform the work specified by the Contract
Documents.
3, Contract Documents. The Contract Documents consist of this Contract, Notice
Inviting Bids, Contractois Proposal, Biddeis Bond, Designation of
Subcontractors, Biddeis Statements of Financial Responsibility and Technical
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Special Provisions, and all proper amendments and changes
made thereto in accordance with this Contract or the Plans and Specifications,
and all bonds for the project; all of which are incorporated herein by this
reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and
install the work as indicated, specified, and implied by the Contract Documents.
Any items of work not indicated or specified, but which are essential to the
completion of the work, shall be provided at the Contractor's expense to fulfill
the intent of said documents. In all instances through the life of the Contract,
the City will be the interpreter of the intent of the Contract Documents, and the
City's decision relative to said intent will be final and binding. Failure of the
Contractor to apprise subcontractors and materials suppliers of this condition of
the Contract will not relieve responsibility of compliance.
1/14/91 Rev. t
I
I
I
I
I
1
1
I
II
I
1
I
I
1
I
17
Payment. For all compensation for Contractor's performance of work under this
Contract, City shall make payment to the Contractor per Section 9-3 of the
Standard Specifications for Public Works Construction. The closure date for each
monthly invoice will be the 30th of each month. Invoices from the Contractor
shall be submitted according to the required City format to the City's assigned
project manager no later than the 5th day of each month. Payments will be
delayed if invoices are received after the 5th of each month. The final retention
amount shall not be released until the expiration of thirty-five (35) days
following the recording of the Notice of Completion pursuant to California Civil
Code Section 3184.
Independent Investimtion. Contractor has made an independent investigation of
the jobsite, the soil conditions at the jobsite, and all other conditions that might
affect the progress of the work, and is aware of those conditions. The Contract
price includes payment for all work that may be done by Contractor, whether
anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about
underground conditions or other job conditions is for Contractor's convenience
only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions
and has not relied on information furnished by City.
Contractor Responsible for Unforeseen Conditions. Contractor shall be
responsible for all loss or damage arising out of the nature of the work or from
the action of the elements or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the work until its acceptance by the City.
Contractor shall also be responsible for expenses incurred in the suspension or
discontinuance of the work. However, Contractor shall not be responsible for
reasonable delays in the completion of the work caused by acts of God, stormy
weather, extra work, or matters which the specifications expressly stipulate will
I * 4.
5.
4 6.
8 be borne by City.
7. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface
Contractor shall promptly, and before the following conditions are disturbed
notify City, in writing, of any:
1/14/91 Rev t
I
I
8'
8
I
8
I
b
I
I
8
I
1
I
4
I/
Material that Contractor believes may be material that is hazardous waste
as defined in Section 251 17 of the Health and Safety Code, that is require!
to be removed to a Class I, Class 11, or Class 111 disposal site in accordanc
with provisions of existing law.
Subsurface or latent physical conditions at the site differing from thost
indicated.
Unknown physical conditions at the site of any unusual nature, differen
materially from those ordinarily encountered and generally recognized a:
inherent in work of the character provided for in the contract.
A.
B.
C. I
City shall promptly investigate the conditions, and if it finds that the condition:
do materially so differ, or do involve hazardous waste, and cause a decrease 01
increase in contractor's costs of, or the time required for, performance of any pan
of the work shall issue a change order under the procedures described in thi: I contract.
In the event that a dispute arises between City and Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the contractor's cost of, or time required for, performance of any part
of the work, contractor shall not be excused from any scheduled completion date
provided for by the contract, but shall proceed with all work to be performed
under the contract. Contractor shall retain any and all rights provided either by
contract or by law which pertain to the resolution of disputes and protests
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, order
changes, modifications and extra work by issuance of written change orders.
Contractor shall make no change in the work without the issuance of a written
change order, and Contractor shall not be entitled to compensation for any extra
work performed unless the City has issued a written change order designating in
advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and
reasonable amount. If the parties are unable to agree on the amount of
reduction, the work shall nevertheless proceed and the amount shall be
determined by litigation. The only person authorized to order changes or extra
work is the Project Manager. The written change order must be executed by the
City Manager or the City Council pursuant to Carlsbad Municipal Code Section
8.
I 3.28.1 72.
1/14/91 Rev. P
I
I 15
8
I
1
Immiyration Reform and Control Act. Contractor certifies he is aware of thf
requirements of the Immigration Reform and Control Act of 1986 (8 US(
Sections 1101-1525) and has complied and will comply with these requirements
including, but not limited to, verifying the eligibility for employment of all
agents, employees, subcontractors, and consultants that are included in this
Contract.
Prevailing Wage. Pursuant to the Califomia Labor Code, the director of the
Department of Industrial Relations has determined the general prevailing rate of
per diem wages in accordance with California Labor Code, Section 1773 and a
copy of a schedule of said general prevailing wage rates is on file in the office of
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to
California Labor Code, Section 1775, Contractor shall pay prevailing wages.
Contractor shall post copies of all applicable prevailing wages on the job site.
Indemnification. Contractor shall assume the defense of, pay all expenses of
defense, and indemnify and hold harmless the City, and its officers and
employees, from all claims, loss, damage, injury and liability of every kind, nature
and description, directly or indirectly arising from or in connection with the
performance of the Contractor or work; or from any failure or alleged failure of
Contractor to comply with any applicable law, rules or regulations including
those relating to safety and health; except for loss or damage which was caused
solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by the Contract, unless
the loss or damage was caused solely by the active negligence of the City. The
expenses of defense include all costs and expenses including attorneys fees for
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of
I@ 9.
10.
t
11. m
I
I.
I
I
1
8
II
I
I
I
12.
coverages and minimum limits indicted herein:
1/14/91 Rev. f
1
8 2c
II
t
1
1
II
I.
I
I
I
II
I
I
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily injuq
and property damage. If the policy has an aggregate limit, i
separate aggregate in the amounts specified shall be established foi
the risks for which the City or its agents, officers or employees arc
additional insureds.
ai
2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury and
property damage.
Workers’ Compensation and Employers’ Liability Insurance:
Workers’ compensation limits as required by the Labor Code of the
State of California and Employers’ Liability limits of $1,000,000 per
incident.
3.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of
insurance required under this agreement contain, or are endorsed tc
contain, the following provisions. General Liability and Automobile II Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered
as additional insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased,
hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the
City, its officials, employees or volunteers.
The Contractor‘s insurance coverage shall be primary insurance as
respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials,
employees or volunteers shall be in excess of the contractor‘s
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officials, employees or
volunteers .
Coverage shall state that the contractor‘s insurance shall apply
separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer‘s liability.
1/14/91 Rev.
8
2.
I
3.
4.
f
I
21
"CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made'
basis, coverage shall be maintained for a period of three years following tht
date of completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by thi:
agreement shall be endorsed to state that coverage shall not be suspended
voided, canceled, or reduced in coverage or limits except after thirty (30:
days' prior written notice has been given to the City by certified mail
return receipt requested.
(C) i
1
1
I
1
li
I.
I
I
1
U
I
I
1
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - h~
deductibles or self-insured retention levels must be declared to anc
approved by the City. At the option of the City, either: the insurer shal-
reduce or eliminate such deductibles or self-insured retention levels as
respects the City, its officials and employees; or the contractor shall procure
a bond guaranteeing payment of losses and related investigation, claim I administration and defense expenses.
(F) WAIVER OF SUBROGATtON - All policies of insurance required under this
agreement shall contain a waiver of all rights of subrogation the insurer
may have or may acquire against the City or any of its officials or
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for
each subcontractor. Coverages for subcontractors shall be subject to all of
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - tnsurance is to be placed with insurers
that have a rating in Best's Key Rating Guide of at least A:V, as specified by
City Council Resolution No. 90-96.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with
certificates of insurance and original endorsements affecting coverage
required by this clause. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in
forms approved by the City and are to be received and approved by the City
before work commences.
COST OF INSURANCE - The Cost of all insurance required under this
agreement shall be included in the Contractor's bid.
I
(I)
(J)
1/14/91 Rev. r.
R
I
1
1
I
i
I
I.
I
I
I
I
I ....
I.
8
2:
13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claim
Act (Section 900 et seq of the California Government Code) for any claim o
cause of action for money or damages prior to filing any lawsuit for breach c
I,
II this agreement.
14. Maintenance of Records. Contractor shall maintain and make available at no cos
to the City, upon request, records in accordance with Sections 1776 and 1812 c
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does no
maintain the records at Contractor's principal place of business as specifiec
above, Contractor shall so inform the City by certified letter accompanying th
return of this Contract. Contractor shall notify the City by certified mail of an
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit1
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check ma!
be substituted for any monies withheld by the City to secure performance of thi:
contract for any obligation established by this contract. Any other security tha
is mutually agreed to by the Contractor and the City may be substituted fo.
monies withheld to ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the purchast
order awarded by the City of Carlsbad, he will comply with the County of Sar
Diego Affirmative Action Program adopted by the Board of Supervisors, including
all current amendments.
Provisions Required by Law Deemed Inserted. Each and every provision of law
and clause required by law to be inserted in this Contract shall be deemed to bc
inserted herein and included herein, and if, through mistake or otherwise, an!
such provision is not inserted, or is not correctly inserted, then upon application
of either party, the Contract shall forthwith be physically amended to make such
15.
16.
17.
18.
II insertion or correction.
... e
....
....
1/14/91 Rev. f
R
.I 23
Additional Provisions. Any additional provisions of this agreement are set forth
in the "General Provisions" or "Special Provisions" attached hereto and made a
part hereof.
f 19.
c .\ -r 8
I
I
I
I
I
1
I
T4? OM3V9hC. \+
NOTARIAL ACKNOWLEDGEMENT OF Contractor
EXEXUTION BY ALL SIGNATORIES
MUST BE ATTACHED
(CORPORATE SEAL)
APPROVED TO AS TO FORM:
VINCENT F. BIONDO, JR. b City Attorney
ATTEST:
\ City Clerk .I
--- II_ ---- --~--~-
__c_l -- _Ip_~
- 1 __- ~I --E__I______
~I__
, personally kt
(or proved to me on the basis of satisfactory evidence) to be the persons who e
within instrument as c3f-p President and C ScP
respectively, of the Corporation therein named, and acknowledged to me that the
executed it pursuant to its by-laws or a resolution of its board of directors
WITNESS my hand and
ACKNOWLEDGMENT-Corp -Pres & Sec -WoIcotls Form 222CA-Rev 11 83 -
BOND NUMBER POWER NUMBER
PENAL SUM
This document is pn raised seal of Amwes .valid This Power of At
Power of Attorney are noted above and may
used in connection nit
rity of the By-Laws of thi
CERTIFICATE
2nd this- day of San Diego, CA Signed and sealed at
Karen G Cohen Sciictq
3 0:" clqe 3oard or Di,ec:oos
This Power of Atrorney is sigrcc and
Board of Direc:ors of Amwcst Suwy lnsur
csiriiile uncer and 11): the authority of the followirg resolutions adopt
ny e: a mxting Ciy held on December 15, 1973:
RESOLVE3, that :he 3csiLent 01 any Vice I'rcs!dect. in cocjunction with the Secretary or ar,y ass is tar^ Secret
may appoint atcorreys-in-fact or agmts with aukor.t). as defined or li~iced in cke inslrunent evidencmg the sppoxitn
in each case. :or 2nd 0:: behalf 0-" the Corn?a.ny, 10 cxrcuin and deliver and zfEx [he seal of the Company to bo;
undertakings, recognizances: ar.d sir all kinds; and said officers may remove any such attorney
fact or agent end revoke eny pc?wcr granind t3 such persor,.
RESOZ-VED FLXl-HER~ t'x: an). bond, -:ndcrlak:ng: recogniza~:ce; or suretyship obligatior. shall be valid ar?d binc
upon :he Company:
(i) li'hcn 7ignc.d 13)- :h: Prcs.d:.n: or an)' Vi:c kiident and a~sted and sealed (if G seal be required) by any
Sccrctaq- or Assistant Sccrctary, c:-
(ii) u her. signed '3y 1k.c ?rcsidcr: or c.n>' Vice Prxidcnt or Secl-ctar); or Assi5Lant Secretary, and cocntersigncd
3rd scalcc (ir a sea: be rcq'k-cd) by a dcly aul?orized attorney-in-lac: or agent; or
(iii) wkn d~ly e.cccuicci md scaled (i: a sc~l be i-cc.uir:d) by one or more ai.torncys-in-fzct or agents pursuant
to 2nd within thc hiis ol tht3 auihoriiy e\idcnccd by the power of attorney issuei by the Company to
such p'xson or persons.
RESOLVED FURTI-iTR. that the signat;re ol zn>. aut:iorized oKcer and the sea1 of the Company may be affixec'
facsimile to ar.y newer of z,::or:icy cx cerl.ification t~ic:co~ ai;thoriz:ng the execution and delivery of any bond. undertab
recognizance, or oCxr suretyship obl.gntions ci the Conipny; and such signatur- and seal when so used shall have
same lox2 and elfcct as Ihough manual:). alfised.
IN 'I\'iTTTSS \f'J ITREOF, AITU :st SUYC~), I?sLI"Jil?:': COX >; has c~uscd these p:-esents to be sigxd by its ?roper of
its corporate sea! ic be ;icrc.into a:iixcd :his 1st Cq or 13cccmbcr, 1990.
\,,\\\SW i !!iill,,/,, $\~~.. . \NSU@ . . . . . . . ...4 /f/ %.
."b$.' +P oiy..+% S%:$ +., c3 c+:. ~IAYI, 0':0=_ =Lo: is5 =_u: 7975 :zz =='.. e ,y,..+ ,= 3 '.+'.. 4 $ b- ...( IFOR..:' p $
'I/ """.' ,\\X'
Ill1 i , I I I I I l \\\\\\\\ ////
P (,/??A4-
/ //
STATE OF CALIFORNIA, CCUSTY OF LOS ASGL:-1S
OR this 1st de)- o
individuals and orhccrs
execution of thi same. ar
and that the seal al~iscd to the eho\ c' insiru
officers wcrc Ci-ly afi-xcd and subscr~bcd io :11c said ~ii
TC me Joh:: E. Savage xd Karen G. Cohen, :o me known
\vho cxcu1cd the above instrumcnt, and they have acknowl
cp::sc and. sey thai lhey are the said cfficers of the corporatior
ccrjxvalion, ant: that $aid corpoxte sed and thcir signatui
1;) the au;hority of the BoarG of Directors of said corpor
ovc ai?y such, ai!o?re) -!1
LO sucb, xrson.
i&gw.o11 shall bc valii: end
upon the Com?aiy:
K WIIKESS WI-lEREOE', Arnwesi Surety Ii1surailcE C
its corporare seal LO be hereunto aifLved. t:;is :'.st day 0:' De(
nis caused h~se 2reseri:s tC >e signed by its proper
,\,,\,~~l~~"'~ll!l/// *\ ,J, \NSU? '>Ti $+&, . . . . . .. . . ?</p % . a\;. +P ols4....q35
sk;? b4Al r, <.,:a% /+'
5 c- w :, 7975 . l@-&g 5 4. '. c q. ,:.$$ - -___ 5 3 +....4i&@,,.. b '. ....,,,... ';\.. 7 *$
3%: C v $]'..,,S
d .- =m: :-rg
C'obcn, >
'/hi \.\" '////mi,,, ,,,\I\\
STATE OF Ci"\lI;ORXN, COUNTY OF ,.CS ANGELES
.. Or: this 1st day of December, ::.990, pe:-soiia!ly carne
individuals and officers of Amwest Surety Jnsuranc: Cornpa
execution of the same, and lxirig by me duly swo~3, did sever
and thar the seal alfixed io ~ho inow instrxnenL is ih? sea! OT Lhe corporation, anci hi said corporate seal anci ti-xir signatures ;,
olficers were duly affix6 and subscn'oed ro he said. J~~.5~ 3y ice hui.hori1.y of the f3oard. of Directors of sad. corlioratii;
c31-e ice John 2. Sa e and Karen S. Cohen io niz h.m+q 10
-,.$:bo execuced the a'rove xstrumeni; and the
iepose and say that they are {he said olficers o
eii.1
XZ4 Please issue a Permanent Certificate
COVERAGE
NOT AUTO COVERED LIABILITY COVERED 0 B Owned B Hired B Non-Owned
0 B Contingent Liability
0 0 Employer's Non-Ownership
Single Limit Liability for Coverages checked [XI above
GENERAL LIABILITY
M&C - OLT
Owners & Contractors
Elevators
Completed Operations
C] Products and/or
0 Contractual * r iEk
D
Single Limit Liability for Coverages checked [XI above
CARGO 0 !d
0
WORKERS €a COMPENSATION * Includes Goods or Products Warranty, Written
COMBINED LIMITS OF LIABILITY
Bodily Injury $ ,000 each person
$ ,000 each occurrenc
Property Damage $ ,000 each occurrenc
$ ,000 each occurren
$ ,000 each person r
$ ,000 each occurrer
Property Damage $ ,000 each occurrei
Bodily Injury
,ooo annual aggrec $ products ***
,ooo annual aggreg products t * * $
,000 each Occurrei ' - annual aggreg $ + ,000 products +* *
,000 each vehicle
,000 each occurren
$
$
Statutory
Lease of Premises, Easement Agreement, Municipal Orc
YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY OWNED
MOBILES,
IF COVERED
AUTO-
IDENTIFICATION NUMBER
Umbrella Liabi I ity
POLICY NUMBER
$ ,000 retained lim
$ each occurri
$ aggregate
r+
24
Bond No. 12424(
Premium: $2,68r
WW, the Ci~y Council of the City of Carlsbad, State of Califcxnia, by Resolution No.
91-11? adopted April 16, 1991 , has awarded to JHP Ccrnstreretion -
(hereinafter designated as the "Principai" j, a Contract for:
1980-91 Curb, Gur~ and Sidewalk Replacement Program, Contract No. U/M 91-3, in the
Civ of Carlsbad, in strict cadomity with the drawings and specifications, and other
Contrast Documents now on file in the Office of the Ciry Clerk of the Ciry of Carlsbad and
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed cr is abour ro execute said Contract and the terms
thereof require the fur14shkg of a bond, providing that if Principal ax any sf their
subcontractors shall fail to pay far asty materials, provisions, prcwender or other supplies or team used in, upon or about the performance of the work agreed 'to be done, or for any
work or labor dotre thereon of any kind, the Sureey on thk band will pay the same TO the
extent hereinafter set: t'onh.
WR AND kl.!Km mm
0
_.
-
. --
-
-L. NOW, THEWFOE, WE, fHP Construction , as Principal,
Insurance clo- (hereinafter designated as the "Contractor"), and Amwes t Surety
. Forty-four thousand r seven hundred ninetv-nine and no/ I MI----------- Dolfars
($ 4rb.,J99,00 1, said sum being fifty percent (50%) of thr estimated amount
payable by the City of Cadsbad under rhe rem of the Conrract, for w'hish payment well
and mBy to be made we bind ourselves, our heirs, executors and adminktrarors,
successcxs, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS 0BLiGA'I"ION is SUCH that if the person or his/her
subcontractors fail to pay for any materials, provisions, provrnder, supplies, or teams used in, UPOR, for, or about rhe performance sf the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due tinder thc Unemployment Insurance
Code with respect to such work or labor, or fobs any amounts required to be deducted, wirMeId, and paid over to ahe Fmployment Development Department from the wages of
employees of rhe cc.mtrsctol: arid subcontractors pursuant to Section 13020 of the
Unemployment Insurance. Cde with respect IQ such work and labor thar rhe Surety wa/ill
pay for the same, nor to exceed the sum specified in the bmd, and, also, in case suit is
bsoughn rspn the bond, COSTS ad reasonable cxpeases and fees, including reasonable
atxomey's fees, to be fixed by the t~urt, as required by the provisiuns of Section 3248 of
as Surety, are held firmly bound unto the City of Carlsbad in the sum of
A
- @
-
-
-- the California Civil Code.
This bond shall inure to the 'oenefir: of any and all persons, companies and corporatiom entitled to file claims under Title 15 3f Part 4 of Division 3 of the Civil Code (conimcncing
with Scrrion 30821.
--
d c
.+ - 1/14/91 Rev
r , ,* 25
ih the event that Contracmr is an hdividual, it is agreed that the death of any such
Contractor shall not exmerate the Surety from its obligations under L~S bond.
Executed by CQhTM&TQR this 2 vd! Executed by SURETY tkS2nd day of
_d
@
*.I day of u ,19@. May , 199L.
w COhfTWCTOR; SUMTY:
JHP rlnnsl dQn, Inc,
(Name of Uontracmr)
Amwest Surety Insurance Co.
--
Pamela Bentley
pdnted name of Atrumey-in-Facr ..
.I (attach corporate resolution showing current power of atromey)
,"X
-9
-- * , ()A PVd.
~v (title and organization of signatmy)
(Proper noraria1 acknowledge of execution by CONTRACTOR and SURETY must he atrached.)
(President or vicc-presidenr and secrerary or assistant secrerary must sigra for copporariotls. If only one
ofleer spps, rhe corporation mus1 amch a resc?!cikn cenified by he secrerary OT assistant secretary ur,der
corporate seal empowering that officer IO bind -5re corporarion.3
-
1%
APPROVED AS TO FORM:
-*
-
I
I I 4
/G-sAv w 1
1/24/91 Rev. -e
I.
____ .----- -~
COUNTY OF s@)u nlL!?Gc’
, in the yea On this 7 day of fi?# ‘I/
before me, the undersigned, a Notary Public ,in and for said State, personally
# T&++Aj fifimm&L! : Jfi‘d! j+% <qQ k2p y i cl,AU.T ~
’ 72
“e+d&&n&&& &[.-LE T&‘P&T ’ and
, personally kn
(or proved to me on the basis of satisfactory evidence) to be the persons who ex
within instrument as &?,gF President and cdgr
respectively, of the Corporation therein named, and acknowledged to me that the (
executed it pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and
. II_^__ (price class8-2) -__.I -____,.~
San Dieqo ss . STATE OF CALIFORNIA, COUNTY OF
On - May 3, 1991 , before me a Notary Public, within and for
County and State, personally appeared
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to t
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledg
that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his o
as Attorney in Fact.
c
& UN-A9008 (REV. 2/90) R
x*
26
PWON a BOND Bond No. 12424
Premium: $2,6E
WHEW, the City Council of the City of Carkbad, Stare of Califo~a, by Resojution No.
, (hereinafter designatell as the "Principal"), a Contract for: 1990-91 Curb, Gutter
and Sidewalk Replacement Program, Contract No. U/M 91-3, in the City of Cadsbad: in
strict cuxffDhtgr with the Contract, rhe drawings and specificzaiions, and orher Contract
Documents now on file in the Office of the City Clerk of the Ciry of Carlsbad, all of which are incorporated herein by this reference,
WHEREAS, Principal has executed or is about 10 execute said contract and the terns
thereof require the furnishing of a bond for the fai&fd pedommce of said contract;
NOW, THEMFOE, WE, 1 MB Co,nstructian I as PrincipaI, {hereinafter
designated as the "Contractor"), and Amwest Surety 1,nsurance Co. 7 as
Srarepy, are held and frrdy bo~~d UII~Q the Chy of Cadsbad, in the sum ef Eiahtv-nine
thousand, five hundred ninety-eight and nall a&---------------------- Dollars
($ 89,598.00 3, said sum being equal tc one bundrrd percent (10~1%': of the
estimated anmount of the Conttac~ ta be paid to City or its certain aatomxy, its s~ccessors
and assigns; for which payment, well and tdy to be made, we bind ourseives, our heirs,
executors and adnzinisnatur3, succewm or assigns, joinrly and severally, firmly by these
*
- ..
- 91-117, adopted April 16, 1991 , has awarded TO J#P Construction
_.
-
*_
Y
- presents,
THE CONDITION OF THIS OBLIGATION [S SUCH that if the above bounden Contractor,
their heirs, execurors, adm~stratots, successors or assigns, shall in ahl things stand to and
abide by, and well and truly keep and pedurm the covenants, conditions, and agreements
in the Contract and any alteration thereof made as therein provided OII their part, to be
kept and performed at the time and in the manner therein specified, and in all respects
according to their tme intent and meaning, and shall indcmi and save harmless the City
of CarIsbad, its officers. employees and agents, as therein stipulated, rhea this obligariion
shall beccme null and void; otherwise ir shall. remain in full fclrce and effect.
As a part of the obligaticm secured hereby and in addirion ea rhe face amount specified
therefor, there shall be included cosrs and reasonable expenses and fees, inciuding
reasonable atromt$s fees, incurred by the Cky Ira stnscessh2y mfbrcing such obligation,
all to be taxed as costs and included in any judpenr rendered.
Surety sripktlaras and agrees that no change, extc2nsicx of time, alteraxion or addition ro the
terns of the Contract, or 10 the work to be perhmed thereunder or the specifications
accompanying the sane shd affect its obligatio= on tbis bond, and it does hereby waive
notice of any change, exremion of ;he, alterations or addition to the terms of the
Contract, or to the WQ& or to the specificatiom.
""n
--
t - e
--
L'14/91 Rev,
--.* y
27
In rhc evem thar Contractor is an individual, it is agreed rhar the dearh of my such
Contractrsr shall not: exonerate ?he Surety from h sbfiigations under rhis bond.
day af di,vt -,#, 19 2. ~y ,. J 1991.
--
w- e
Y Executed b CONTRACTOR this 3- Iikecutcd by SURETY &is 3 nd day of
-_ GQNTMCTCSR: SURErn:
= Construction, Inc. Amwest Surety Insurance Co.
-_
*",
t
-. (attach corporate resolution showing
I cwrrent power of attorney)
-0
m.
I
I --_
A
(Proper notanal acknowledge of execuuon by CONTRACTOR and S'JKTY' rnusr be attached.)
(Presidem or vce-president and secreray or &stant wcratary milst sign for corfrowrons. If only one
oficer signs, *.e copwarion must attach A resolution certified by the secretary or assistant seeremy under
cwpsrate seal empowering &at officer to bind the corporarion.]
APPROVED hs TO FORM:
-.
L
t
-*
1
dl &
.- 0
U14/91 Rev.
-
- ___ I-p
On this ';7 day of ,@My in the yea1
before me, the ndersigned, a Notary Public in and for said State, personally =G@&.Q\/ ke&%t7; 43dG &8E7-/839-~ i Tern2
H%5Ll F lk:.&Ld and
, personally knc
(or proved to me on the basis of satisfactory evidence) to be the perso s who ex1
within instrument as [Po b<p President and &I&'
respectively, of the Corporation therein named, and acknowledged to me that the C
executed it pursuant to its by-laws or a resolution of its board of directors
WITNESS my hand and officia
P
ACKNOWLEDGMENT-Carp -Pres 8 Sec -WoIcotts Form 222CA-Rev 11 83
-- - ---_-~- --- E~___ --
STATE OF CALIFORNIA, COUNTY OF Sari Diego ss.
On May 3, 1991 , before me a Notary Public, within and fo
County and State, personally appeared
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to 1
instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledg
that he subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his o
as Attorney in Fact.
& UN A9008 (REV 2,90) 0
I
1 28
OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
I.
This Escrow Agreement is made and entered into by and between the City of Carlsbad
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose
address is
L
I
1
d s
U
b
1
1
1
I
E
I
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the option
to deposit securities with Escrow Agent as a substitute for retention earnings
required to be withheld by City pursuant to the public works contract entered
into between the City and Contractor for in the amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attached as
Exhibit "A". When Contractor deposits the securities as a substitute for Contract
earnings, the Escrow Agent shall notify the City within ten (10) days of the
deposit. The market value of the securities at the time of the substitution shall
be at least equal to the cash amount then required to be withheld as retention
under the terms of the Contract between the City and Contractor. Securities shall
be held in the name of City of Carlsbad and shall designate the Contractor as the
beneficial owner. Prior to any disbursements, Escrow Agent shall verify that the
present cumulative market value of all securities substituted is at least equal tc
the cash amount of all cumulative retention under the terms of the Contract.
The City shall make progress payments to the Contractor for such funds whicf
otherwise would be withheld from progress payments pursuant to the Contracl
provisions, provided that the Escrow Agent holds securities in the form anc
amount specified above.
Alternatively, the City may make payments directly to Escrow Agent in thf
amount of retention for the benefit of the City until such time as the escrov
1
2.
3. 1 created hereunder is terminated.
f 1/14/91 Ret
1
I 29
Contractor shall be responsible for paying all fees for the expenses incurred by
Escrow Agent in administering the escrow account. These expenses any payment
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held in
escrow and all interest earned on that interest shall be for the sole account of
Contractor and shall be subject to withdrawal by Contractor at any time and from
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in the
Escrow Account only by written notice to Escrow Agent accompanied by written
authorization from City to the Escrow Agent that City consents to the withdrawal
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default by
the Contractor. Upon seven (7) days written notice to the Escrow Agent from
the City of the default of the Contractor, the Escrow Agent shall immediately
convert the securities to cash and shall distribute the cash as instructed by the
City.
Upon receipt of written notification from the City certifyrng that the Contractor
has complied with all requirements and procedures applicable to the Contract,
Escrow Agent shall release to Contractor all securities and interest on deposit les!
escrow fees and charges of the Escrow Account. The escrow shall be close(
immediately upon disbursement of all monies and securities on deposit an(
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and thc
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement ant
the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’,
release and disbursement of the securities and interest as set forth in Sections t
thru 8 and 10.
I* 4.
5. I
1
d
1
11
1.
I
1
I
I ....
8
a ....
I
6.
7.
8.
m
9.
....
....
....
....
1. 1/14/91 Re
1
30
The names of the persons who are authorized to give written notices or to
receive written notice on behalf of the City and on behalf of Contractor in
connection with the foregoing, and exemplars of their respective signatures are
as follows:
For City: Title
I
1
1
s
I s s
4
1
I c
1
I
I
1
4
10. r.
Name 1 Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature
Address
P 1/14/91 Re!
31
At the time the Escrow Account is opened, the City and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
on the date first set forth above.
Ii
1 f
1 For City: Title
Name
Signature
1
4
I:
B
i Address
For Contractor: Title
Name
Signature
Address
Title For Escrow Agent: G Name 1 Signature
Address I
0
1
I
I
1
I
t 1/14/91 Rev.
32
i
1 RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
1.
I PROJECT DESCFUPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all Compensation
of whatever nature due the Contractor for all labor and materials furnished and for all
work performed on the above-referenced project for the period specified above with the
exception of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
I v
1
I
1
b
1
I
II.
I
f
1
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may have,
of whatever type or nature, for the period specified which is not shown as a retention
amount of a disputed claim on this form. This release and waiver has been made
voluntarily by Contractor without any fraud, duress or undue influence by any person or 1 entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and
work due Subcontractors for the specified period have been paid in full and that the parties
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By: t Title:
By:
Title:
1/14/91 Rev.
P
33
I
I SPEW PROVISIONS
1. PLANS AND SPECIFICATIONS
A. The plans consist of location listing and map delineating the work areas
which are further detailed herein.
The specifications for the work shall consist of the latest edition of the
Standard Specifications for Public Works Construction, hereinafter
designated SSPWC, as issued by the Southern Chapters of the American
Public Works Association, the City of Carlsbad supplement to the SSPWC,
the Contract documents, the Special Provisions and the Specification:
contained herein.
I.
1
B. I
It
1
I
I.
8
E
1
1
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor, equipment and
materials and performing all operations necessary to complete the project work
as shown on the project plans and as specified in the specifications. Expeditiou:
commencement and completion of work is of prime importance. 5
3. DEFINITIONS AND INTENT
A. Utilities and Maintenance Director:
The title shall mean the Utilities and Maintenance Director or his approvec
representative. 1 B. Reference to Drawings:
Where the words "shown", "indicated', "detailed", "noted", "scheduled" 01
words of similar import are used, it shall be understood that reference i:
made to the plans accompanying these provisions unless stated otherwise I C. Directions:
Where the words "directed', "designated", "selected1 or words of simila
import are used, it shall be understood that the direction, designation o
selection of the Utilities and Maintenance Director is intended unless statec
otherwise. The word "required" and words of similar import shall bc
understood to mean "as required to properly complete the work as require(
and as approved by the Utilities and Maintenance Director'' unless statec I otherwise.
1/14/91 Ret
Be
1
1
I 34
1
1
B
I
I
D. Equals and Approvals:
Wlhere the words "equal", "approved equal", "equivalent" and such words of
similar import are used, it shall be understood such words are followed by
the expression "in the opinion of the Utilities and Maintenance Director"
urnless otherwise stated. Where the words "approved', "approval",
"acceptance", or words of similar import are used, it shall be understood
that the approval, acceptance, or similar import of the Utilities and
Maintenance Director is intended.
I.
E. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at
own expense, shall perform all operations, and shall provide all labor, tools
and equipment, and further, including the furnishing and installing of
materials that are indicated, specified, or required to mean that the
Contractor, at own expense, shall furnish and install the work, complete in
place and ready to use, including furnishing of necessary labor, materials, 1 tools, equipment and transportation.
1. 4- CODES AND STANDARDS
Standard specifications incorporated in the requirements of the specifications by
reference shall be those of the latest edition at the time of receiving bids. It shall
be understood that the manufacturers or producers of materials so required either
have such specifications available for reference or are fully familiar with their
requirements as pertaining to their product or material.
I
1
1
1
1
1
I
1
5. CONSTRUCTION SCHEDULE
A. A construction schedule is to be submitted by the Contractor per Section 6-
1 of the SSPWC at the time of the preconstruction conference. No changes
shall be made to the construction schedule without the prior writter
approval of the Utilities and Maintenance Director.
Any progress payments made after the scheduled completion date shall no
constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocatioi
of conflicting utilities shall be requirements prior to commencement of worl
by the Contractor.
B.
C.
1/14/91 Rec 4.
l
I 35
D. The Contractor shall begin work within 5 work days, unless otherwise
specified by the Utilities & Maintenance Director, after being duly notified
by an issuance of a "Notice to Proceed'' and shall diligently prosecute the
work to completion within the number of consecutive calendar days:
workdays, weeks specified in the "Notice to Proceed."
5.
1
6. NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming to the plans
or specifications upon written order by the Utilities and Maintenance Director.
Any cost caused by reason of this nonconforming work shall be borne by the
Contractor.
I
I
I
1
I.
II
B
I
I
8
1
E 7. GUARANTEE
All work shall be guaranteed for one (1) year after the recording of a "Notice of
Completion" and any faulty work or materials discovered during the guarantee
period shall be repaired or replaced by the Contractor.
8. MANUFACTURER'S INSTRUCTIONS
Where installation of work is required in accordance with the product
manufactureJs directions, the Contractor shall obtain and distribute the necessary
copies of such instruction, including two (2) copies to the Utilities and
Maintenance Director upon completion of work and prior to the filing of Notice
of Completion. I 9. INTERNAL COMBUSTION ENGINES
All internal combustion engines used in the construction shall be equipped with
mufflers in good repair when in use on the project with special attention to City
Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 8 10. CITY INSPECTORS
All work shall be under the observation of the Inspector(s) designated by the
Utilities and Maintenance Director. The Inspector(s) shall have free access to any
or all parts of work at any time. The Contractor shall furnish the Inspector(s)
with such information as may be necessary to keep the Inspector(s) fully
informed regarding progress and manner of work and character of materials.
Inspection of work shall not relieve the Contractor from any obligation to fulfill
this Contract.
1/14/91 Rev. I.
I
I 36 p 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to be inserted herein and the Contract shall be read and
enforced as though it were included herein, and if, through mistake or otherwise,
any such provision is not inserted, or is not correctly inserted, then upon
application of either party, this Contract shall forthwith be physically amended
to make such insertion or correction.
1
B
i
I
B
I
1
I
I
IC
8
8.
1
I
12. INTENT OF CONTRACT DOCUMENTS
The Contractor, the Contractor's subcontractors and materials suppliers shall
provide and install the work as indicated, specified and implied by the Contract
documents. Any items of work not indicated or specified, but which are essential
to the completion of the work, shall be provided at the ContractoJs expense to
fulfill the intent of said documents. In all instances throughout the life of this
Contract, the City will be the interpreter of the intent of the Contract documents
and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise Contractor's subcontractors and materials suppliers
of this condition of the contract will not relieve him/her of the responsibility of
compliance.
'0 13. SUBSTITUTION OF MATERIALS
The Proposal of the Bidder shall be in strict conformity with the drawings and
specifications and based upon the items indicated or specified. The Contractor
may offer a substitution for any material, apparatus, equipment or process
indicated or specified by patent or proprietary names or by names of
manufacturer which the Contractor considers equal in every respect to those
indicated or specified. The offer made in writing, shall include proof of the State
Fire Marshal's approval (if required), all necessary information, specifications and
data. If required, the Contractor, at the Contractor's own expense, shall have the
proposed substitute, material, apparatus, equipment or process tested as to its
quality and strength, its physical, chemical or other characteristics, and its
durability, finish, or efficiency, by a testing laboratory as selected by the City.
If the substitute offered is not deemed to be equal to that so indicated 01
specified, then the Contractor shall furnish, erect, or install the material,
apparatus, equipment or process indicated or specified. Such substitution of
proposals shall be made prior to beginning of construction, if possible, but in nc
case less than ten (10) days prior to actual installation. I
1/14/91 Rev
1
I
I
8
D
I
I
3
14. RECORDS
The Contractor shall keep a current record of the completed areas to includ
times, dates and other pertinent data, and submit to an assigned Inspector at th
end of each work day or at the beginning of the next work day, upon request b
an assigned Inspector.
PERMITS
A Right-of-way Permit will be required to be obtained by the Contractor as soo'
as the Contractor is notified of selection as the Contractor for the projeci
Compensation for the permit shall be included within the contract costs and nl
additional compensation will be made. When applying for the permit. traffi
control plans for the areas of work are reauired, in addition to othe
requirements. Traffic control plans shall conform to the latest edition of th
State of California, Department of Transportation Traffic Manual, Manual c
Traffic Control for Construction and Maintenance Work Zones. Submittal c
traffic control plans to the Traffic Engineer a minimum of two (2) weeks prio
to the preconstruction meeting is necessary to allow proper time for review
corrections, resubmissions and final approval prior to the preconstructioi
I.
15.
I meeting.
16. QUANTITIES IN THE SCHEDULE 1.
A. The quantities given in the proposal by the City for unit price items, are fo
comparing bids and may vary from the actual final quantities. Somc
quantities may be increased and others may be decreased or entirel:
eliminated. No claim shall be made against the City for damage occasione(
thereby or for loss of anticipated profits, the Contractor being entitled onl!
to compensation for the actual work done at the unit prices bid.
The City reserves and shall have the right, when confronted wit1
unpredicted conditions, unforeseen events, or emergencies, to increase o
decrease the quantities of work to be performed under a bid unit price iten
or to entirely omit the performance thereof, and upon the decision of thc
City to do so, the Utilities and Maintenance Director will direct tht
Contractor to proceed with the said work as so modified. If an increase ir
the quantity of work so ordered should result in a delay to the work, tht
Contractor will be given an equivalent extension of time. A Change Orde:
must be issued prior to any change in work in accordance with tht
Contract,
item 7.
1
I
I
I
I
I
1
I.
I
B.
1/14/91 Rev
I
4
I
I
I
I
1
I
R
I
I
I
1
I
38
17. SAFETY & PROTECTION OF WORKERS AND PUBLIC
A. The Contractor shall take all necessary precautions for the safety of
employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent
accidents or injury to persons on, about or adjacent to the areas where the
work is being performed.
The Contractor shall erect and properly maintain at all times, as required
by the conditions and progress of the work, all necessary safeguards for the
protection of workers and public and shall post danger signs warning
I.
B.
8 against hazards.
18. SURVEYING
The Contractor shall employ a licensed land surveyor or registered civil engineer
to perform necessary surveying for this project. Requirements of the Contractor
pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor
shall include cost of surveying service within appropriate items of proposal. No
separate payment will be made.
19. UTILITIES
A. Utilities for the purpose of these specifications shall be considered as
including, but not limited ro pipe lines, conduits, transmission lines, and
appurtenances of "Public Utilities" (as defined in the Public Utilities Act of
the State of California) or individually solely for their own use or for the
use of their tenants, and storm drains, sanitary sewers, and street lighting,
The Ciry of Carlsbad and affected utility companies have, by a search oj
known records, endeavored to locate and indicate on the Plans all utilities
which exist within the limits of the work. However, the accuracy 01
completeness of the utilities indicated on the Plans is not guaranteed.
Service connections to adjacent property may or may not be shown on the
Plans. It shall be the responsibility of the Contractor to determine the exac
location and elevation of all utilities and their service connections. Thc
Contractor shall make own investigation as to the location, type, kind o
material, age and condition of existing utilities and their appurtenances an(
service connections which may be affected by this Contract work, and i~
addition the Contractor shall notify the City as to any utility
appurtenances, and service connections located which have been incorrect1
shown on or omitted kom the Plans.
fl.
I
1/14/91 Re. 1.
3
The Contractor shall notify the owners of all utilities at least 48 hours i
advance of excavating around any of the structures. At the completion c
the Contract work, the Contractor shall leave all utilities and appurtenance
in a condition satisfactory to the owners and the City. In the event c
damage to any utility, the Contractor shall notify the owners of the utilit
immediately. It is the responsibility of the Contractor to compensate fc
l
I B. P
I utility damages.
C. The temporary or permanent relocation or alteration of utilities, includin
service connections, desired by the Contractor for own convenience shall E
the Contractor's own responsibility, and shall make all arrangemeni
regarding such work at no cost to the City. If delays occur due to utilitic
relocations which were not shown on the Plans, it will be solely the City
option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of otht
parties to relocate utilities which interfere with the construction, tE
Contractor, upon request to the Utilities and Maintenance Director, may t
permitted to temporarily omit the portion of work affected by the utilit,
The portion thus omitted shall be constructed by the Contractc
immediately following the relocation of the utility involved unless otherwi:
directed by the Utilities and Maintenance Director.
All costs involved in locating, protecting and supporting of all utility lint
shall be included in the price bid for various items of work and n
additional payment will be made.
The Contractor shall notify Underground Service Alert far enough i
advance of the work to allow marking of the utility locations at the varioi
I
I
1
I
I
I
I
I
I
1
I
D.
E. c
F. 8 sites.
G. It shall be the responsibility of the Contractor to protect all existing utilitie
20. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water utilized during tk
construction under this Contract. The Contractor shall contact the approprial
water agency for requirements and shall include cost of water and meter rent
within appropriate items of proposal. No separate payment will be made. I
P 1/14/91 Re
40
1
SPECIFICATIONS FOR
1990-91 CURB, GUTIER AND SIDEWALK REPLACEMENT PROGRAM
a r
1. The work to be done consists of furnishing all labor, equipment and material2
and performing all operations necessary to complete the work as specified herein.
Traffic control measures including street detours and barricades will be a:
required in item 15 - Permits, of the Special Provisions and in accordance witl-
the approved Traffic Control Plan. No street closures will be permitted withoul
prior approval of the Traffic Engineer.
The Contractor shall cooperate with local authorities relative to handling traffil
through the area and shall make his own arrangements relative to keeping thi
working area clear of parked vehicles. The Contractor shall provide the "Nc
Parking - Tow Away Zone" signs that are to be posted 48 hours in advance o
work. The local Police Department shall be notified 72 hours prior to the postin;
of the signs by the Contractor.
Full compensation for fumkhing, placing, maintaining, and removing signs anc
temporary supports or barricades shall be considered as included in the contrac
prices paid for the work and no separate payment will be made therefor.
2.
I
1
I
I
I
1
I
I
I
I
I
I
I
3.
4.
5. All work shall be done in accordance with the Contract documents, Speck C Provisions and these specifications.
6. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee th:
the entire work will meet all requirements of this Contract as to the quality (
materials, equipment, and workmanship. The Contractor, at no cost to the Cit]
shall make any repairs or replacements made necessary by defects in material,
equipment, or workmanship that become evident within one (1) year after the dat
of recordation of the Notice of Completion. Within this one (1) year period, th
Contractor shall also restore to full compliance with the requirements of th
Contract any portion of the work which is found to not meet those requirement
The Contractor shall hold the City harmless from claims of any kind arising fro1
damages due to said defects or non-compliance.
The Contractor shall make all repairs, replacements, and restoration within ten (1C
work days after the date of notice by the Utilities & Maintenance Director. Failu
to comply could result in forfeiture of the Performance Bond.
1:
7.
P 1/14/91 Re
41
1.
1
P
I
I
4
I
I
1
I
1
8. Before ordering any materials or doing any work, the Contractor shall verify all
measurements, dimensions, elevations, and quantities. No extra charge or
compensations over and above payment for the actual quantities of the various
items of work will be allowed because of difference between actual measurements,
dimensions, elevations, and quantities and those indicated in the specifications; or
if certain items of work have not been included in the Bid Proposal. Any difference
therein shall be submitted to the Utilities and Maintenance Director for
consideration before proceeding with the work.
A.
P
9. The Contractor will provide and install "Tow Away No Parking" construction
signs, #TC-R 30-S, for use in posting streets in advance of the work. Signs
shall be pIaced at least 48 hours prior to commencement of work. Signs shall
be posed at intervals of not more than 100 feet on both sides of the block
affected by the work.
Tow-away of any vehicles in violation of the "No Parking" signs will be
handled by the Carlsbad Police Department. The City assumes no liability in
connection with movement of vehicles by the Contractor.
Temporary signing shall be removed as soon as the work areas are complete
and are accepted by the Utilities and Maintenance Director.
Notwithstanding any other or concurrent notification by the City of the work
operations, the Contractor will notify residences and businesses of worl
utilizing a notification method approved by the Utilities and Maintenancf
Director.
Notices shall be left on or at the front door of each dwelling or commercia
unit abutting the work areas. This shall be done two (2) days prior tc
placement of "No Parking" signs. The Contractor shall be required to inser
dates and estimated times of work. If the work is delayed or rescheduled fo
any reason after placement of "No Parking" signs or distribution of notificatioi
letters, the Contractor shall re-date the signs affected and redistributi
notification letters.
B. I
C.
PO. A. C
B.
11. I therefor.
12. 1
Payment for the placement of the "No Parking" signs and notices shall be considerec
included in the bid price paid for the work and no additional payment will be madl
A. Pavement, root and other material removal shall conform to Section 300-1 c
the SSPWC and to these special provisions.
1
t
1/14/91 Re r
42
#
II B. All concrete or pavement removals shall be made along a saw cut or a
weakened plane joint. The extent of the pavement removals will be marked
in the field by the Utilities and Maintenance Inspector.
All removals shall become the responsibility of the Contractor and shall bc a disposed of at a legal dump site.
Removal, cutting and clearing of all tree stumps and roots shall be the I responsibility of the Contractor.
C.
r.
D.
E. Payrnent for the concrete removals including asphalt removals necessary tc
form new gutters and all materials disposal shall be considered included in the
unit price bid for this item and no additional compensation will be made
therefore.
The basis for measurement shall be made on the horizontal sidewalk, curb anc
gutter areas. The removal of asphalt concrete in the roadway necessary tc
form gutters will not be considered in the payment of the pavement remova
item.
A construction of concrete sidewalk and curb and gutter shall conform to tht
requirements of Section 303-5 and 201-1 of the SSPWC and these s; >cia
provisions.
The repair of the driveway aprons shall be included under the driveway item
Curbs and gutters, sidewalks and driveway aprons shall be replaced in kin(
with the existing surrounding improvements and according to the San Diegc
Regional Standards Number G-2, G-7-1 and G-14-1.
Payment for the concrete curb and gutters and sidewalks shall be considerec
included in the unit price bid for these items and no additional compensatior
will be made therefore.
I
I
I
I
I
I
F. e
4
13. A.
B.
C.
1
D.
14.
I Director.
15. I
1
The Contractor shall be responsible for the installation of root barriers provided b!
the City at specified locations. Installation will be in accordance with thc
manufacturer's specification, provided by the City, and the Utilities and Maintenance
Base material under sidewalks, curbs, gutters and driveway approaches shall bc
compacted prior to the new installation.
A. 16. Asphalt concrete shall conform to the requirements of Section 203 and 302 o
the SSPWC and to these Special Provisions.
1/14/91 Re\ F
I
43 1
I B. Asphalt concrete shall be Type 1-B-AR-4000.
C. A tack coat shall be applied to all abutting concrete surfaces at the rate of
0.18 gal/%. The tack coat shall be Type SS1 asphaltic emulsion.
Asphalt concrete in roadway sections shall be removed by saw cut six inches
(6") from gutter lip and parallel to portion being removed with a two inch
(2") overlap at both ends.
Asphalt concrete roadway sections shall be replaced with a minimum thickness
of three inches (3") after compaction of base material.
Compensation for the asphalt concrete complete and in place shall be
considered included in the unit price bid for the curb and gutter and nc
additional compensation will be made therefore.
Clean-up and dust control shall conform to the requirements of Section 7-8.1
of the SSPWC and to the Special Provisions/Specifications.
Compensation for site clean-up and dust control shall be considered includec
in the unit prices bid for the various items of work and no additional paymen
D.
t
I
I
I
1
1
E.
F.
17. A.
B. I will be made therefore.
18. It shall be the responsibility of the Contractor to repair all damage to propem
caused by the Contractor.
San Diego Regional Standard Drawing G-14.1 shall be modified by the substitutioi
of the following:
19.
1)
I
I
I
I
I
I
t
I
"5-1/2" thickness in place of the 4" thickness for residential driveway and 7
1/2" thickness in place of the 6" thickness for commercial driveway. Drhewa
aprons will be same thickness as driveways."
20. The Contractor shall be responsible for setting all meter boxes. Bid amount sha
include contractor's labor costs for setting meter boxes. Meter boxes will b I provided by City.
1/14/91 Re
1
I
I u
I
I
II
I
4
1
R
I
B
1
1
I
I
1.
t
I
n I.
I
I
I
I
1
1.
4
I
I
N
I
I
1
1
I
P
I
I
I
I
I
I
I
I
4
I
I
I
I
I
1
I
I
I.
r.
I
1
I
I
I
I
I
1
4
1
I
I
I r
I
1
I
I.
B -2 01 28 kz
G 52 E8 25
2k
a.5 um n* a* uA z' a3 zw ?$ Zn
gs +
k=m^
az ZU
m=, 2U
d,Cr k3 P 30
I
I
I
I
1
I
I
I
4
I
I
I
I
I
I
I
I
I.
r
I
I
I
I
I
P
I
I
b
I
I
1
I
I
I
I
1.
I.
t
1
I
1
I
1
I
1
1
4
I
1
I
I
I
1
I
I
Re
t
I
I
8
1
1
I
C
I
4
I
E
1
I
1
I
I
I
Io
t
I
I
8'
I
1
1
I
I
I
4
8
1
1
I
D
8
I
P
t
I 1
1
8
I
1
B
i
I
I
b
8
1
I
I
B
1
I
I
I.
r
I
I
1
1
I
I
I
1
1.
I
I
I
1
I
I
I
I
I.
? z
3 E
t
d P z
I cc ,+ i s I
I
I
t
s% 00 0- M OIm olv)
4 a v) 2
& E
0 aeai &&kc & 3
VI
4 5 r -A== 3 4
::g2*bu%3 g
-200 2===;;
avraf5ZZcnP, szS>>a .ggaZ +
m al si tnl * $8 8 t@e$ =u.&ZLU*uuu
I Lrl
1
I
I
1
I
I
B
b
I
1
I
I
I
I
I
1
0 r 2!
-
r 1s
m - & 1 t .% -
--Z-$
0 z
- rn I W -4 4
0 m
cn
- 1 6
- m t 2 -J€-Z-%
0 z
w I
1
I
I-
I
1
1
II
I,
I
1
I
II
1
I
1
1
a -%-%
0 r 2!
P
i 5' 0 I- rk -
w 4 4 -z-o v,
0 z
I - 0 I
-
1
4 rcc
- a\ I
I m - ti 'ci, -
- 4 < -;f:-53
0 2?
lZ fi -sm- Fa!?
YZ '-0 so
fl b --
c, p? c - 3:
4 95- 0' y) 92
t - - r G 0
- - *
v1
P 0
~a Po rk A r- 0 0. . a
U
I-
v,
0
c)
U
1
I
I. J
4
Lhl -4 4 -2z-0 v)
1
1
t
5 -
1
1
t
B
1c
I
1 r
1
1
4
1
0 z! r
1c
I+
I
I
E
1 _- -a
1
1
I
I
1;
1
I
I
B
1
4
I
?
_-
VN:
VN37I il!?VH : ivn
c
I.
n'
m
-
- a I
U
tb 0,
m -
tr 4 wz-5 v)
0 2!
0
v)
0 z
I IN:
rrau
llHVA37
ndL8f-UIy
r
t
i
-
W
0
0 z
-z-a
w
I
I
I
u 4 4
i
I
I-
I
I
!
I
b
I
1
I
1
I
I
I
fi
-z-o
o z
PALAC10 3
LEVA N TE P
'CT) - B t6 a
'0 -
0
0 z
e-z- cn
cn t- o Ll
13 0
4,
-I 6
0 w a, a
a
-
0
Z dSEvZ%-
r
(
-
!- U 3
u
0
I- 2 41
-I
6 a
n c> u a_ a
-
9
%
I l i
s 3 a cn 0
@ 2 = a,+ +' 0, ~ -.) -L*
__
M
HZ
c_ --
rcn
(221 I- C> LLl
7 0 0'- CL
I 4
0 Ll L tn
-
0 -m--tz=:- z
10 - r& CT)
- rn I
0
q
.
- m
LLL -I mz-5
I
Lu d i <
I
1
1
I
I
I
I
I
I
1
I
I
U
1
1
e
I
P
fu
1 i
I
I --
I
I
II
0
b
I
I
I
1
I
1
I
I
u .I 4 c3
z -vz=:-
1,
r
~ITE IT- DON'T SAY@-!
Date ~
&/A a Ix] Reply Wanted
/ //
To &A,
From Karen Kundtz, Assistant City Clerk UNO Reply Necessary
RE: BOND RELEASE INQUIRY - m .$ + ,5?/--3-/4/$+9 -
/?2Q-Y/ L%a& 1 .-+Ad "%""----;cwy+
Bond for the above-referenced
project.
Bond No. /+a 467 Amount @'d+ 77s a
1
Thanks,
pa I
x-
AlGNER FORM NO 55032
%e=
F%IRF/ .'
WP m c-9 'e r&J T&$ CaA.4 mat5 L-U ;OL,
L (.#&4m /) &or ~ A9WEU@ 1 L!? t5it41Gz m4J4
&&;w &&&+&/ * PWK CH6M kt;%
4 h -A) A p,ho&yY, kz;& 4 h'fl Tgqfl '*
LonhAS
FL4w4 ' A wa+7
***Note to File:
I checked with Lorraine. There is in fact a Stop Notice on.this
project. She provided me with the copy attached.
3-
II) STOP NOTICE * LEGAL NOTICE TO WITHHOLD CONSTRUCTIQN FUNDS
(Public or Private Work)
PROJECT: CARLSBAD RE-DEVELOPME
1200 ELM AVENUE OAK ST, & VARIOUS ST. IMPROVE
CARLSBAD, CA 92008 CARLSBkD, CA 92008
TO: CITY OF CmSBAD
(Name of owner, publlc body or conatructlon fund holdar) (Nama)
(Addrmsd (Addrmsm If dlrec1.d 10 m bmk Or Savlnp. and IOm *S*n uI. .ddr.Y of branch holdlnp lurid)
(CltY. 8f.t. and ZIP) (Cltv, stmta and ZIP)
TAKE NOTICE THAT ALLIED BARRICADE CO., INC.
(Nmrna of th. parion or firm clalmlna Iha 1100 notlca Llconud contractors must us* rha nama under which contractof* 11c.n~ in IS.,
whose address is 801 GABLE WAY, EL CAJON, CA 92020
has performed labor and furnished materials for a work of improvement described as follows:
(Addra8r of panon or flrrn clalmlnp stop notice)
CX??S€3AD ~-~EVIZO~XXJ
OAK ST. & VARIOUS ST., IMPROVEMENTS, CARLSBAD, CA 92008
(Name and 'ocation of the proled where work or materials were furnished)
The labor and materials furnished by claimant are of the following general kind: RENTAL OF TRAFFIC SAF'E'TY
EQUIPMENT
(Gonerel dawrlptlon of work and matarlala furnlshed)
The labor and materials were furnished to or for the following party: J - H . P - CONSTRUCTION
27961 CELIA RD., MURRIETA, CA 92362
The value of the whole amount of labor and materials agreed to be furnished is $
2,316-47
(Name of parw who ordared the work or matmrlalr)
2 I 316 - 47
(Total of waryrhlng slolmant agraad or contracted to fu
The value of the labor and materials furnished to date is $ . Claimant has
(Toul walua of waryfhlng actually furnlrhad by claimant)
1,793.83 and there is due, owing, and unpaid the sum of $ 5 2 2 - 64
(Total amount whlch has bwn pald to claimant) (Bmlanca due to clalmont on tho projac
with interest at the rate of 10 % per annum from 12/31 ,1! (Interest as specified in contract If none, legal rate Is 10%) (Data when unpald balance bscamm due)
You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equi
against any construction furnds for this project which are in your hands.
the claimant of the forogc MANAGER OF I, the undersigned, say: I am the
("Presldant Of'.. "ManJPer Of". "A Partner Of". "Owner of." stc.)
Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
MARCH 13,
(Data thl8 document was slgned)
= FORM 107 - PUBLISHED BY 8h%%u% &m, hc. 3055 OWEFUND AVENUE, LOS ANGELES, CALIFORNIA 90034 - (213) 202-777 .- - -
NqITE IT - DON’T SAY @!
Date yk
To 1 d/A - Reply Wanted / / //
From Karen Kundtz, Assistant City Clerk UNO Reply Necessary
RE: BOND RELEASE INQUIRY - w. * LA y/-J-’-/? -
/7%-7/ & .d,QL.r&d Xj&G---z--~
1 7
A Bond for the above-referenced J
project.
Bond No. /J+2 46s Amount @d+ 77~- D
Thanks,
PRll
x-
AIGNER FORM NO 55-032
I
April 21, 1992
JHP Construction
2110 S. Hill, Suite D
Oceanside, CA 92054
Re: Bond Release - Project No. U/M 91-3 - 1990-91 Curb, Gutter, Sidewalk Replacemenl
Program.
The Notice of Completion for the above-referenced project has recorded. Therefore, per
instructions from our Utilities/Maintenance Department we are releasing 75% of the
Performance Bond. Please consider this letter as your notification that $67,198.50 oj
Amwest Surety Insurance Company Performance Bond No. 1242469 is hereby released.
We are required to retain the remaining 25% for a period of one year. At that time, if nc
claims have been filed, it will be released.
The Labor and Materials Bond will be eligible for release six months from the date oj
recordation of the Notice of Completion, on August 6,1992. A copy of the recorded Notice
of Completion is enclosed for your records.
LiiJd2
Assistant City Clerk
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280f
Recording request by:
CITY OF CARLSTaAD
When recorded mail to:
City Clerk
City af Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 Space above €or Recorder‘s use
W e , ..I ,: ,.,'
) .. .:.. +.,.* _.. . k. -.
+
-
January 31, 1992
Annette J. Evans, County Recorder P.O. Box 1750 San Diego, Ch 92101-2422
Enclosed for recordation are the following described documents:
Not i ce of Compl et i on JHP Construction, Inc., Contractor Contract No. U/M 91-3
Notice of Compl et i on Mac0 Services, Inc., Contractor Project No. 3367
Notice of Completion Knox Electric, Inc., Contractor Project No. 3345
Our staff has determined that the recordation of these documents is of bene1 to the City; therefore, it is requested that the fees be waived.
Thank you for your assistance in this matter.
Y%X~ Assi stant City C1 erk
Encs.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C
I
Kecording request by:
CITY OF CARLSBhD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 Space above for Recorder's use