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Home My WebLink AboutLasater Construction Co; 1995-06-15; 3431t I I I I 1 1 I I 1 0 1 I R 0 i I* CITY OF CARLSBAD San Diego County I California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR I. HOSP GROVE PARK CONTRACT NO. 3431 C:\WWO\WPDATA\MARK\SPECS\HOSP 3431 2/16/94 I. 1 0 June 15, 1995 ADDENDUM NO. 1 BIDJPROJECT NO. 3431 - Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. HOSP GROVE PARK *2La"LA( L RUTH FLETCHER Purchasing Officer RF:jk Attachment ;e 0 I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 e 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2803 - FAX (61 9) 434- 19H - 1 June 14, 1995 CITY OF CARLSBAD 0 ADDENDUM NO. 1 HOSP GROVE PARK CONTRACT NO. 3431 ITEM NUMBER ONE ADD TO “MATERIALS AMD MANUFACTURERS” LIST ON PLAN: Play equipment and picnic tables to be provided and installed per plans are as follows: PLAY STRUCTURE (1) One, Miracle Natureworks, Model 148-003 Avaliable through: Walt Rankin and Associates (61 9) 460-4624 Install per manufacturers recommendations SWING (1) One, Miracle Natureworks Tire Swing, Model 144-854 Avaliable through: Walt Rankin and Associates (61 9) 460-4624 Install per manufacturers recommendations RIDERS (1) One, Miracle “Frog” Model 932-4 (1) One, Miracle “Squirrel” Model 91 8-4 Avaliable through: Walt Rankin and Associates (61 9) 460-4624 Install per manufacturers recornmendation PICNIC TABLES (Add Alternate Bid A.4 and A.5) (2) Two, Landscape Structures 7’ Poly Picnic Tables; Model 11 31 39-J (6) Six, Landscape Structures 5’ Poly Picnic Tables; Model 1 131 39-G Available through: Coast Recreation (71 4) 553-8065 lnstall per manufacturers recommendation RUBBER MATTING not lot) Playsafe Rubber Matting (2” thick, tan color) Available through: Playsafe Surfaces, Inc. (800) 875-5788 Install per manufactures recornmendation and Detail C- 12 ITEM NO. 2 ; . REVISE CONSTRUCTION NOTE NO. 2A UNDER “PROTECTION OF EXISTING TREES AND IMPROVEMENTS” TO READ: Trees with trunks 18 or over in diameter (as labeled on the plan) and located within 50’ of any construction, shall be protected from damage by 8’long 2x4s, straped vertically to the trunks of thc tree by rope, “bungy” cord or other method and spaced 6” apart. There are approximately 25 trees that will require this protection. --- ITEM NO. 3 [Bid Opening Date Change] Bid Opening Date: July 6, 1995 at 4:OO p.m. a - ---- I KT1 CITY OF CARLSBAD, CALIFORNIA R NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 26th day of June , 1995, at which time they will be opened and read, for performing the work as follows: I. HOSP GROVE PARK CONTRACT NO. 3431 I 1 I i 8 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 Community Services Department. The specifications for the work include the Standard Specifications of Public Works Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designated ttSSPWCt, as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. 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 vusinesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate. 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: e 1 0 8 E 1 I I 1 I 1. Contractor’s Proposal 2. Bidder’s Bond 1 3. Non-Collusion Affidavit 31 6/94 I. @ I 2 All bids will be compaired 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 Engineer's Estimate is $120,000 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. The following classifications are acceptable for this contract: "A, 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 I. I 1 I 1 I I 1 I I 1 1 I I 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. If plans and specifications are to be mailed, the cost for postage should be added. 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 and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, 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. ' @ 1 2/16/94 e* @ 3 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 i I 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 and warranty of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These 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 until they are released as stated in the Special Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) I. I I B 1 I I i 1 1 I B I I I An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. 2) I 0 If the bid is accepted, the City may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, and (2) are authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. 31 6/94 I. @ 4 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. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution I I t I 1 I I 8 II 1. I t 1 I I 1 I 1 0 NO. 95-110 , adopted on the 25th day of April ,1995. .5G?ALi- Date a1 6/94 I. @ HOSP GROVE PARK TABLE OF CONTENTS u 1 I I 1 I I I 1 I I I I I Page I. NOTICE Itern INVITING BIDS .......................................... 1 CONTRACTOR’S PROPOSAL ....................................... 5 BIDDER’S BOND TO ACCOMPANY PROPOSAL 11 DESIGNATION OF SUBCONTRACTORS .............................. 13 BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ............... 15 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 16 ....................... 1 ..... NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 17 ............................ 1 CONTRACT - PUBLIC WORKS ..................................... 18 LABOR AND MATERIALS BOND ................................... 27 PERFORMANCE BOND 30 REPRESENTATION AND CERTIFICATION ........................... 32 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION. 33 RELEASE FORM ................................................ 37 SPECIAL, PROVISIONS ........................................... I ................................ I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION 38 ........................... 11. CONSTRUCTION DETAILS C-1 .................................... i I. @ 5 CITY OF CARLSBAD I I CONTRACT NO. CONTRACTOR’S PROPOSAL I. City Council City of Carlsbad 1200 Carlsbad Village Drive 1 Carlsbad, California 92008 I B 1 1 1 I I I 1 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 senices required to do all the work to complete Contract No. 3431 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: Approximate Item Quantity Unit No. Description and Unit Price Total 1 0 BASEBID 1. Mobilization/demobilization L.S. 6x722 uxi L.S. /* eo* 3. Grading and excavation L.S. z/._sl/-- .z/,.G4/ 4. Class I1 base 350 TONS 1%- ,Yoo,e * 2. A.C. demolition (drainage way) 1 5. A.C. 200 TONS e 73E@ 6. Decomposed granite paving (trails, picnic 3,907 SF 0- $3m 3,729 areas, bike bollard area) y.& B 7. Trail header boards w/stakes 812 LF I 8. Landscape tie headers (picnic areas, tot 205 LF e !, 765 lot, and bike bollard area) 9. Landscape tie retaining walls 385 LF 2%- 5pfi I 1 2/ 1 6/94 1. @ 6 Approximate and Unit Price Total Item Quantity Unit - No. Description I I 11. Landscape tie stairs L.S. -zzY- my’ I 12. Bike rack bollards 2 EA. 3/a= 620i 13. Boulders 50 EA. j.2.7= 4TSQ I 14. Cobble 50 TONS -&.2.!= =%= I 15. Drainage matting 300 SF z 22?? 16. Play structure 1 EA. @).!!a -L!y@ I 17. Swing 1 EA. 3,075 3075 i 18. Spring toys 2 EA. rod= m3t“ 19. Rubber matting 550 SF 6- so 83‘ 1 20. Sand (tot lot) 85 TONS z7=- +J.a i I 0 21. Other items not listed above required to L.5 5m- “Tm- 1 I I I I I 10. Landscape tie decking 190 SF #pE <#dq complete the project per the plans and specifications LdL /DO-= de0 - Total amount of base bid in words: I\I I 11 efy THO LA-sad 613hf Lcflrbsec \us m+ree 4- Tbu Cm-kS go 063 E- I SY Total amount of base bid in numbers: $ 1 2/16/94 @ 1. t I Approximate I Item Quantity Unit I - No. Description , and Unit Price Total BID ALTERNATES ADDITIVE ALTERNATE BID ITEMS I. I A.2 Foot bridges 2 EA. '2p2TF $5-74 A.l 6" a.c. berm (around entire perimeter 960 LF 3+ 3126 of drive and parking lot) I 0 I 1 1. I II I 1 1 I I A.3 Split rail fencing 710 LF 5Q 3@2' A.4 7' Picnic tables 2 EA. !kop--- ~Z&? AS 5' Picnic tables 6 EA. 4,3Y-= $609 DEDUCTIVE ALTERNATE TOTAL 834 j DEDUCTIVE ALTERNATE BID D.l Base Bid price & A.C. 1 (But inchding Class I1 base) Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). / hashave been received and is/are included in this proposal. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in 1 preparing this bid. 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. o?@d &/L5gpg /*d/ 211 6/94 @ I. a The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 6 Y Q5 87% , classification which expires on 4 - , and that this statement is true and corre e legal effect 1 I 1 1 I I 1 I 0 of an affiL2t. 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. The Undersigned bidder hereby represents as follows: Public Contract Code § 20104. 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 himher 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 1 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 fraud. I 0 I Accompanying this proposal is (Cash, Certified Check, Bond or Cashier’s 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. 1 i 1 .... 1 I 1 1 .... .... .... 2/16/94 @ 1. 9 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. I I IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) (2) (3) Place of Business Name under which business is conducted Signature (given and surname) of proprietor I. I I 1 I 8 I i. 8 1 ! (Street and Number) City and State (4) Zip Code Telephone No. IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business (Street and Number) C City and State I Zip Code Telephone No. I I I 71 6/94 @ 1. &- b > 1 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted La-?k~fiir C&, I Tfl?. Lo&?w G -fVL.f-+;&fjH 8 1 i 1 I I 1. I 1 I D 1 I I I. I Title Impress Corporate Seal here (3) Incorporated under the laws of the State of (4) Place of Business 7Yl M+;/ 5fflpe-f- (Street and Number) City and State I Lo - (5) Zip Code !?WO? Telephone No. /q u y 31 -&yqy .-. NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST 1 BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: 2/16/94 &3 I. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared same in his/hekYkerra ' uthorized capacitymand that by his/- ' ignaturewn the instrument the personk or the entity upon behalf of which the personRacted, executed the instrument. WITNESS my hand and official seal. Description of Attached Document Title or Type of Document: Number of Pages:- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: L@fikr &flsSfi.Jcm Reorder Call Toll-Free 1-8 Q 1994 National Notary Association 8236 Remmet Ave , PO Box 71 84 - Canoga Park, CA 91309-7184 Prod No 5907 - 9 9 0 m0;W ALL PEqSONS BY TElESE PRESENl3 LASATERCONSTRUCTION INSURANCE COMPANY That we, ,CO,, 5 Em, , as warspal, mdOF.HE WEST .. I 88 0 Surety are beld and firmly bound unto the City of carlsbad, Mfarnia, in an mount as bbw6;: {m;ust,bE at kat tea pzr-cent (10%) of tbe bid ampuat) far which'payment, well and iruly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. TIE CONDITION OF THE IFORIEGOTNG 0BLIGA"ZON IS SUCH that if the proposal Of the above-bounden Prin4pal €OK Ten xercent of the amount bid-----------------------------,------,- in the City of carlsbad, is accepted by the City Council, and if the Principal sh21l duly enter into and execute a Contract including required bonds mb insurance pliciw dthh twenty (20) days from the date of award of Contract by the flty bund of the Cky of arlsbad, being duly notified of said award, then ahis obligation shall become null and wid; 6therwi%, it shall be and remain in full force and effect, and the amount specified herein &ali be forfieited to the said City. , I, Yl aplr >I 0 .. -- I In the event Prindpd executed this bond as an ixtbividual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond, Execute by PRINCIPAL this - 5 PRINcIPfi. sum: Exermted by SURETY tbis 30th 0 dayofa$ 5 ,19 qS ., . ‘dayaf_...JU”.e........, 19 95-• . JASATER CONSTRUCTION CO., INC. INSURANCE COMPANY OF THE, WEST * (Name Of PliUG~p~) p8me Of &rev) 5725 Kearnty Villa Rd., Suite 200 La Mesa, CA.919hl (AddTSSS Qf SUWtY) (print name here) (title and organization of signatory) Sioux Munvon - (sign here) @rint name here) (egg and atp*iz&m of signatmy) printed name of Attorney4n-Fact current per of attorney) wt -.- (attach corporate resolution $bowing 0 - m! R”F& dippvl$dgc of executian by PRINCIPAL and SURETY must be attachdl (President er vimpresident and secretipy cx assistant axremy must sign fcruxpm tians. If dy me &ier sip, tae-ixlrporation must attach a mlution Oeartifkd by the saxwry (x assistant s~olletbsy & oxpaate seal w that qm a> la tfie corpomtfm.) ARPROVD AS TO FORM: RciNArXl R. BA$L .4 Deputy City Atit0rne.y WIfm 0 CF) \ Insurance Company of the West HOME OFFICE: SPN DIEGO. CALIFORNIA 0 POWER OF ATTORNEY KNOW ALL MEN RY THESF PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corporation. does hereby appo SIOUX MUNYON its true and lawful Attorney(s)-in-Fact. with full power and authority. to execiitci, on behalf of the Company. fidelitv and surety bonds. under and other contracts of siiretvshio of a similar natiire. This Power of Attorney is granted and is signed and sealed hy facsimile cinder the aiithoritv of the followinq Resolution adopted by tht of Directors on the 22nd day of November, 1994. which said Resolutiori has not been nmended or rescinded and of which the follow1 true copy: "RESOLVED. that the Chairman of the Board, the President. an Executive Vice President or R Senior Vice President of tho Co and each of them, is hereby authorized to exectito Powers of Attorney qualifying the attorney named in the given Power of Attorney to I on behalf of the Company, fidelity and surety bonds, undertakings. or other contracts of suretyship of a similar nature: and to attach the seal of the Company: provided however. that the absence of the sea! shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witness signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by lac IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized of this 28th dav of March 19 95. 0 t ,*'o-4r#4 "+ *4&, \m INSURANCE COMPANY OF THE WEST 0 c41~~.\~ STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO March 28th, 1995 On this before me personally appeared John L. Hannum. Senior Vice President of INSU COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument. and acknol to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of w acted. executed the instrument. WITNESS my hand and olficial seal. g* +A%M&2 ';/ Notary Pub1 -0 I CERTIFICATE: I. E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATT( of whtch the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the z of the above quoted resolution. IN WITNESS WHEREOF. I have subscribed my name as Vice President, on this 30th day of June 19 95. INSURANCE COMPANY OF THE WEST 'ou'w *, ruOcC.?*L c4110RI* 9 ?/ f s ,@Rp084~t4 % 0 Eg5.u# &4[/ e E. Harned Davis, he President ICW 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA Countyof SAN DIEGO On June 30, 1995 before me, KIM M. WALKER, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER. E G . -JANE DOE. NOTARY PUBLIC’ personally appeared SIOUX MUNYON NAME(S) OF SIGNERtS) a personally known to me - OR - 0 proved to me on the basis of satisfactory evidenc to be the person(s) whose name(s) is/ar subscribed to the within instrument and ac knowledged to me that he/she/they execute the same in hidheritheir authorize capacity(ies), and that by his/her/the signaturets) on the instrument the person(s or the entity upon bshalf of which th person(s) acted. executsd the instrumen Though the data below ts not required by law, it may prove valuable to persons relying on the document and could preq fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMEN CAPACITY CLAIMED BY SIGNER Bidder’s Bond TITLE OR TYPE OF DOCUMENT TITLE(SI 2 0 GENERAL NUMBER OF PAGES June 30, 1995 DATE OF DOCUMENT S!GNER IS REPRESENTNG; LASATER CONSTRUCTION CO., INC. NAME OF PERSON(S1 OR ENTIN(IES) INSURANCE COMPANY OF THE WEST SIGNER(S) OTHER THAN NAMED ABOVE . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I Namwof Signer&, personally appeared whose nam'efs3_ismubscribed to the within instrument and acknowledged to me that he,kkWqrexecuted the same in hidbe&tmm ' uthorized capacityo, and that by his/kel.itlteir signaturewn the instrument the ersonk or the entity upon behalf of which the personkcted, executed the instrument. WITNESS my hand and official seal. Though the information below Is not required by law, it mayp e to persons relying on the document and could prevent Description of Attached Document Title or Type of Document: brddzk! IS hofl Document Date: Number of Pages:- Signer(s) Other Than Nakd Above: sb2 l-1.X r? Capacity(ies) Claimed by Signer@) 0 Individual 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: &fi&w&intd &,SIC. 0 1994 National Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-60 11 BIDDER’S BOND TO ACCOMPANY PROPOSAL 1 I I I 1 I I 1 I 1 0 .... I I .... 1 I .... I I I I KNOW ALL PERSONS BY THESE PRESENTS: That we, , as Principal, and 9 as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) for which payment, well and truly made, we bind ourselves, our heirs, executors and 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: in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly entei into and execute a Contract including required bonds and insurance policies within twentj (20) 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. .... .... ..I. .... .... .... .... .... 211 6/9( @ 1. I& 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 - I I Executed by SURETY this 9 19 day of , 19 I PRINCIPAL: day Of I (Name of Principal) (Name of Surety) SURETY: By: (sign here) (Address of Surety) I i I I 1 I. I I I I 1 I I (print name here) (Telephone Number of Surety) By: (title and organization of signatory) Signature of Attorney-in-Fact By: (sign here) printed name of Attorney-in-Fact (attach corporate resolution showing current power of attorney) (print name here) (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: RONALD R. BALL City Attorney By: 1 Deputy City Attorney RICHARD RUDOLPH 21 1 6/94 @ I* *d I I I I I I I I I. I I I I I I I I DESIGNATION OF SUBCONTRACTORS The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up hisher 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. Items of Complete Address Phone No. Work Full ComDanv Name with Area Code FcYl 4 r' uls h LM? A%Z. 9 - 211 6/94 @ 1. &Z AMOUNT OF SUBCONTRACTORS' BIDS 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 I I I I I I I I I I I 1 I 0 I I 0 Type of State Full Company Contracting Carlsbad Business Amount of Bid Name License & No. License No.* (M a*%3h"y %7f- -4= I * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts, 31 6/94 @ I. JAMES W: PARKER ACCOUNTANCY CORPORATION A Cal$mia Professional corporation 7177 Brockton Ave., Ste. 338 (909) 788-0690 Rivetside, CA 92506 FAX (909) 788-9742 To the Board of Directors Lasater Construction Company, Inc. 6741 Cantil Street Carlsbad, CA 92009 We have reviewed the accompanying balance sheet of Lasater Construction Company, Inc. as of December 31, 1994, and the related statements of income, retained earnings and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Lasater Construction Company, Inc . A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an examination in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based upon our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. JAMES W. PARKER ACCOUNTANCY CORPORATION /L mes W. Parker, C. P. A. March 21, 1995 Riverside, California / 8 LASATER CONSTRUCTION COMPANY, INC. BALANCE SHEET DECEMBER 31, 1994 ASSETS CURRENT ASSETS Cash $ i93,5ai Accounts Receivable (Note 2) 107.757 Total Current Assets $ 301,338 PROPERTY AND EQUIPMENT Automotive Equipment, Net of Depreciation (Note 5) 8,958 Total Property and Equipment 8,958 OTHER ASSETS Organization Costs (Net of Amortization) 233 TOTAL ASSETS S 310,529 8 SEE THE ACCOMPANYING REVIEW REPORT AND NOTES TO FINANCIAL STATEMENTS OF JAMES W. PARKER ACCOUNTANCY CORPORATION WATER CONSTRUCTION COMPANY, INC. BALANCE SHEET DECEMBER 31, 1994 LIABILITIES AND SHAREHOLDERS EQUITY CURRENT LIABILITIES Accrued Income Taxes Payable (Note 1) $ 3,896 Total Current Liabilities !$ 3,896 LONG-TERM LIABILITIES 76,100 Note Payable to Shareholder (Note 4) Total Long-term Liabilities 76,100 SHAREHOLDERS EQUITY Common Stock - 10,000 shares authorized, 4,000 shares issued and outstanding 4,000 Retained Earnings 226.533 Total Shareholders Equity 230,533 TOTAL LIABILITIES AND SHAREHOLDERS EQUITY $ 310,529 * SEE THE ACCOMPANYING REVIEW REPORT AND NOTES TO FINANCIAL STATEMENTS OF JAMES W. PARKER ACCOUNTANCY CORPORATION WATER CONSTRUCTION COMPANY, INC. STATEMENT OF INCOME AND RETAINED EARNINGS FOR THE YEAR ENDED DECEMBER 31, 1994 Contract Revenue $ 1,145,436 Cost of Revenue 910,029 Gross Profit 235,407 General and Administrative Expense 119,069 Interest Income (Net of Interest Expense) ( 102) Income Before Taxes 116,440 Provision for Income Taxes (Note 1) 2,900 Net Income 113,540 Retained Earnings: Beginning of Year 112,993 Retained Earnings: End of Year i $ 226,533 SEE THE ACCOMPANYING REVIEW REPORT AND NOTES TO FINANCIAL STATEMENTS OF JAMES W. PARKER ACCOUNTANCY CORPORATION WATER CONSTRUCTION COMPANY, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 1994 NET CASH FLOWS FROM OPERATIONS: Net Income $ 113.540 ADJUSTMENT TO RECONCILE NET INCOME CASH PROVIDED BY OPERATING ACTIVITY Depreciation 2,600 41,415) 39,748 (1ncr)Decr in Accounts Receivable-Other (Decr)Incr in Accounts Payable ( 492) (Decr)Incr in Income Taxes 1,996 TOTAL ADJUSTMENTS 2,437 NET CASH FLOW FROM OPERATIONS $ 115.977 (1ncr)Decr in Accounts Receivable ( CASH FLOWS FROM INVESTING ACTIVITIES: INVESTING ACTIVITY NONE CASH FLOWS FROM FINANCING ACTIVITY FINANCING ACTIVITY NONE NET INCREASE/(DECREASE) IN CASH AND CASH EQUIVALENTS $ 115,977 77.604 Cash/Cash Equivalents Beginning of Period Cash and Cash Equivalents End of Period ADDITIONAL DISCLOSURES $ 6,088 Interest Paid SEE THE ACCOMPANYING REVIEW REPORT AND NOTES TO FINANCIAL STATEMENTS OF JAMES W. PARKER ACCOUNTANCY CORPORATION WATER CONSTRUCTION COMPANY, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1994 NOTE 1: Significant Accounting Policies: Oruanization Lasater Construction Company, Inc. (the Company) is a California corporation, incorporated on April 27, 1992. The Company is in th business of specialty construction work and performs construction contracts on the cost plus fixed fee and the fixed price basis. Revenue and Cost Recounition Revenues from fixed-price and cost plus fixed fee contracts are calculated on the percentage of completion method. Percentage of completion is based upon the cost incurred to date compared to the total cost estimated for each contract. proDertY and Equir>ment Depreciation and amortization is provided principally on the straight line method over the estimated useful life of the assets. Income Taxes Lasater Construction Company, Inc. has elected to be treated as a small business corporation under the Internal Revenue Code and applicable California statutes. The provision for income tax consists of the California income tax provided at the rate of 2 1/ percent on estimated taxable income of $2,900. NOTE 2: Accounts Receivable: Accounts receivable consist of the following as of December 31, 1994: Billed Completed contracts $ 0 Contracts in progress 107,757 Total $ 107,757 NOTE 3: Costs and Estimated Earnings on Uncompleted Contracts: Costs and estimated earnings on uncompleted contracts is computed under the percentage of completion method of accounting and is summarized on Schedule 3 attached to these financial statements. I...?*- WATER CONSTRUCTION COMPANY? INC. NOTES TO FINANCIAL STATEMENTS (CONTINUED) DECEMBER 31, 1994 NOTE 4: Transactions With Related Parties: The note payable to shareholders represents an advance made to the company on June 23, 1992 in the amount of $76,100.00. The loan bears interest at 2% in excess of bank prime, interest is due monthly and the principal is due in full on June 23, 1997. NOTE 5: Property an8 Equipment: Property owned at December 31, 1994 is as follows: Assets Automotive Equipment (Truck) $ 12,500 Less: Accumulated Depreciation: Auto Eq. 3.542 Net Property and Equipment s, 8,958 NOTE 6: Accounts Payable: Accounts payable includes amounts due to subcontractors and curren payroll taxes, all are expected to be paid within 30 days after year end. NOTE 7: Contingent Liabilities: At the present time the Company knows of no contingent liabilities arising from its business as a general contractor. NOTE 8: Backlog: The following is a listing of contracts which the Company has signed and will start work on in 1995. No Backlog A- I I BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY Bidder submits herewith a statement of financial responsibility. I. Shfe#7&- I I I I I I 1. 1 I R I I I I I 2/ 1 6/94 @ 1. 10 BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I 1 I I I 1 1 1 1. I I 1 I I 1 1 1 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 hisher responsibility, experience and skill. An attachment can be used. Ii No. of Person a1 6/91 @ I. I 1 I B I 1 of L@SO% yfl LO.@$ G,,c,-& d;M ' / 1- <, a I I I I 1 I I i > 17 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California 1 County of .S,W~;E.S ) &:rn Lf2soteY' ) ss. Ie 3 , being first duly sworn, deposes (Name of Bidder) and says that he or she is IAWY- (Title) (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 t affidavit was executed on the &Nay of 1 0 is true and correct and that this Subscribed and sworn to befo on the si% day of 6ld , 19% I (NOTARY SEAL) 21 1 6/94 @ 1. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of PAL~PO~~; A personally appeared or the entity upon behalf of which the personmcted, executed the instrument. WITNESS my hand and official seal. Though the information below IS not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of fha form to another document Description of Attached Document Title or Type of Document: &fl*- bucirs'l Ok7 fi PRd~it % b~ a~idid by ,bjJ 4AflSs'bwi*cj di7% & Documentoate: 6k 5; /'?ys Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: $& hSAk Number of Pages: dlv 0 Individual 0 Corporate Officer 0 Atto rne y-in- Fact Guardian or Conservator 0 Guardian or Conservator 0 Attorney-in-Fact Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-8004 I I I II I 1 I I I. 2. 1 I u I I I i 1 18 CONTRACT - PUBLIC WORKS 19A by and between the City whose principal place of business of Carlsbad, California, a municipal corpora This agreement is made this /?'&day of LASATER CONSTRUCTION CO., INC. is 6741 CANTIL STREET, CARLSBAD, CALIFORNIA 92009 n, (hereinafter called "City"), and + I. (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: Hosp Grove Park, Project No. 3431 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, herhis 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. 3. 2/ 1 6/94 @ I. 1 I Do 4. B li 1 I 1 i I. I I I I I E 1 19 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 (SSPWC) 1991 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. 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. Public Contract Code section 20104.50 requires a summary of its contents to be set forth in the terms of the contract. Below is such a summary. However, contractor should refer to Public Contract Code section 20104.50 for a complete statement of the law. The city shall make progress payments within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If payment is not made within 30 days after receipt of an undisputed and properly submitted payment request, then the city shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Upon receipt of a payment request, the city shall, as soon as practicable aftei receipt, determine whether the payment request is a proper payment request. Ii the city determines that the payment request is not proper, then the request shall be returned to the contractor as soon as practicable but not later than seven (7) days after receipt. The returned request shall be accompanied by a documeni setting forth in writing the reasons why the payment request was not proper. If the city fails to return the denied request within the seven (7) day time limit, then the number of days available to the city to make payment without incurring interest shall be reduced by the number of days by which the city exceeds the seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion oj the final payment designated by the contract as "retention earnings". I 21 1 6/9f @ I. I 1 1 1 1 I 1 I. i 2( Independent Investigation. Contractor has made an independent investigation o the jobsite, the soil conditions at the jobsite, and all other conditions that migh affect the progress of the work, and is aware of those conditions. The Contrac price includes payment for all work that may be done by Contractor, whethe anticipated or not, in order to overcome underground conditions. An: information that may have been furnished to Contractor by City abou underground conditions or other job conditions is for Contractor’s conveniencc only, and City does not warrant that the conditions are as thus indicated Contractor is satisfied with all job conditions, including underground condition and has not relied on information furnished by City. ,. 5. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall bc responsible for all loss or damage arising out of the nature of the work or fron the action of the elements or from any unforeseen difficulties which may arise o be encountered in the prosecution of the work until its acceptance by the City Contractor shall also be responsible for expenses incurred in the suspension o discontinuance of the work. However, Contractor shall not be responsible fo reasonable delays in the completion of the work caused by acts of God, storm: weather, extra work, or matters which the specifications expressly stipulate will bc 1 borne by City. 7. Hazardous Waste or Other Unusual Conditions. If the contract involves diggin! trenches or other excavations that extend deeper than four feet below the surfact Contractor shall promptly, and before the following conditions are disturbed notify City, in writing, of any: A. Material that Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, that is requirec to be removed to a Class I, Class 11, or Class I11 disposal site in accordanct with provisions of existing law. Subsurface or latent physical conditions at the site differing from thost 1 I indicated. B. C. 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. II I I 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 0: increase in contractor’s costs of, or the time required for, performance of any par of the work shall issue a change order under the procedures described in thi! contract. 211 6/91 @ I. m I 1 I. I 1 1 4 1 1 I. I 1 1 I I u I 1 21 In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease 01 increase in the contractor’s cost of, or time required for, performance of any pari 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, ordeI 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 ir advance the amount of additional compensation to be paid for the work. If i change order deletes any work, the Contract price shall be reduced by a fair an( reasonable amount. If the parties are unable to agree on the amount o reduction, the work shall nevertheless proceed and the amount shall bt determined by litigation. The only person authorized to order changes or extr; work is the Project Manager. The written change order must be executed by tht City Manager or the City Council pursuant to Carlsbad Municipal Code SectioI 3.28.172. Immigration Reform and Control Act. Contractor certifies he is aware of tht 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 California Labor Code, the director of thr Department of Industrial Relations has determined the general prevailing rate o per diem wages in accordance with California Labor Code, Section 1773 and i copy of a schedule of said general prevailing wage rates is on file in the office G the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant tc California Labor Code, Section 1775, Contractor shall pay prevailing wages Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses o defense, and indemnify and hold harmless the City, and its officers and employee2 from all claims, loss, damage, injury and liability of every kind, nature ani description, directly or indirectly arising from or in connection with thl performance of the Contractor or work; or from any failure or alleged failure o 8. 9. 10. 11. 31 6/9 @ I. a 2: Contractor to comply with any applicable law, rules or regulations including thosl relating to safety and health; except for loss or damage which was caused sole1 by the active negligence of the City; and from any and all claims, loss, damager injury and liability, howsoever the same may be caused, resulting directly o indirectly from the nature of the work covered by the Contract, unless the loss o damage was caused solely by the active negligence of the City. The expenses a 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 contrac insurance against claims for injuries to persons or damage to property which ma arise from or in connection with the performance of the work hereunder by thl Contractor, his agents, representatives, employees or subcontractors. Saic insurance shall meet the City's policy for insurance as stated in Resolution Nc 1 I 1 II 1 1 I I. 1 1 I I I 1 I 1 I. 12. 91 -403. (A) COVERAGES AND LIMITS - Contractor shall maintain the types o coverages and minimum limits indicted herein: 1. Comprehensive General Liabilitv Insurance: $1,000,000 combined single limit per occurrence for bodily injur and property damage. If the policy has an aggregate limit, , separate aggregate in the amounts specified shall be established fo the risks for which the City or its agents, officers or employees arl addition a1 insured. 2. Automobile Liabilitv Insurance: $1,000,000 combined single limit per accident for bodily injury anc property damage. In addition, the auto policy must cover an vehicle used in the performance of the contract, used onsite o offsite, whether owned, non-owned or hired, and whether schedule{ or non-scheduled. The auto insurance certificate must state thc coverage is for "any auto'' and cannot be limited in any manner. Workers' Compensation and Emdovers' Liability Insurance: Workers' compensation limits as required by the Labor Code of thc State of California and Employers' Liability limits of $1,000,000 pe incident. Workers' compensation offered by the Statc Compensation Insurance Fund is acceptable to the City. 3. 31 619 @ I. 2 (B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies c insurance required under this agreement contain, or are endorsed to contair the following provisions. General Liability and Automobile Liabilit Coverages: 1. I 1 1 I i 1 1 1 1 I 1 I 1 1 1 The City, its officials, employees and volunteers are to be covere as additional insured as respects: liability arising out of activitie performed by or on behalf of the Contractor; products an completed operations of the contractor; premises owned, lease( hired or borrowed by the contractor. The coverage shall contain n special limitations on the scope of protection afforded to the Cic its officials, employees or volunteers. . The Contractor's insurance coverage shall be primary insurance E respects the City, its officials, employees and volunteers. An insurance or self-insurance maintained by the City, its official employees or volunteers shall be in excess of the contractor insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies sha not affect coverage provided to the City, its officials, employees c volunteers. Coverage shall state that the contractor's insurance shall appl separately to each insured against whom claim is made or suit . brought, except with respect to the limits of the insurer's liability (C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "clair made" basis, coverage shall be maintained for a period of three yea] following the date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by th agreement shall be endorsed to state that coverage shall not be nonrenewec suspended, voided, canceled, or reduced in coverage or limits except aft€ thirty (30) days' prior written notice has been given to the City by certifie mail, return receipt requested. I. 2. e 3. 4. I. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS Any deductibles or self-insured retention levels must be declared to an approved by the City. At the option of the City, either: the insurer sha reduce or eliminate such deductibles or self-insured retention levels i respects the City, its officials and employees; or the contractor shall procui a bond guaranteeing payment of losses and related investigation, claii administration and defense expenses. 211 615 @ I. I 2L I I I I 1 1 I 1 1 1 1 I I I I (F) WAIVER OF SUBROGATION - All policies of insurance required unde this agreement shall contain a waiver of all rights of subrogation the insure may have or may acquire against the City or any of its officials or employees (G) SUBCONTRACTORS - Contractor shall include all subcontractors a insured under its policies or shall furnish separate certificates an( endorsements for each subcontractor. Coverages for subcontractors shall bc subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurer, that have a rating in Best’s Key Rating Guide of at least A-:V, and arc authorized to transact the business of insurance by the Insurancc Commissioner under the standards specified in by the City Council ii Resolution No. 91-403 . VERIFICATION OF COVERAGE - Contractor shall furnish the City witl certificates of insurance and original endorsements affecting coveragc required by this clause. The certificates and endorsements for eacl insurance policy are to be signed by a person authorized by that insurer tc bind coverage on its behalf. The certificates and endorsements are to be ii forms approved by the City and are to be received and apprmed by the Cit before work commences. COST OF INSURANCE - The Cost of all insurance required under thi agreement shall be included in the Contractor’s bid. I. (I) (J) I. 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 of thi agreement. 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 o 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 specified above Contractor shall so inform the City by certified letter accompanying the return o this Contract. Contractor shall notify the City by certified mail of any change o address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing witl Section 1720 of the Labor Code are incorporated herein by reference. 14. 15. 211 6P @ I. Y" r- 16. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of thi: contract for any obligation established by this contract. Any other security thai is mutually agreed to by the Contractor and the City may be substituted foi monies withheld to ensure performance under this Contract. Provisions Required bv Law Deemed Inserted. Each and every provision of 1aM and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, an] such provision is not inserted, or is not correctly inserted, then upon applicatior of either party, the Contract shall forthwith be physically amended to make suck insertion or correction. Additional Provisions. Any additional provisions of this agreement are set fort1 in the "General Provisions" or "Special Provisions" attached hereto and made : part hereof. I 1 I 1 1 8 I I. J,m LccdcY I 1 I I I 1 i 17. ti 18. NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUS7 BE ATTACHED (CORPORATE SEAL) dc'c ~&t&-rOa CbT% I Contractor APPROVED TO AS TO FORM: RONALD R. BALL 1 City Attorney By: Deputy City Attorney 31 w @ le e - .r* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of c,,/+ I before me,< J()&lE md Ld(P'rc\fJ@td - 1UOTfilZ\l ?un\ii Date Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared L/+S,S-"rt;rZ -t- W. I-+, $~XM&F=OL! , Name@) of Signer(s) Rpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person@), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on fhe document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: &*x?lr,e?,/cP&, bW+3?W Document Date: Number of Pages-v- Signer@) Other Than Named Above: CapacityQes) Claimed by Signer@) Signer's Name: J) iq Lfi.qm Signer's Name: \AI. 4. P S-pa dWEU6L4 H 0 Individual 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Guardian or Conservator 0 Partner - 0 Limited 0 General 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association 8236 Remmet Ave , PO Box 7184 Canoga Park. CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-f R 2 I I i I 1 1 la 1 I 1 I I 1 I 1 Title i. t ATTEST: 21 1 61s @ I. YKbMlUM: SL, b: -1 -> 2 -A+ LABOR AND MATERIALS BOND I 1 1 1 I I I I I 8 8 1 1- 1 e WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution NI 9s zZL, adopted A& Y 5.f.a; /99 5- CONSTRUCTION CO., INC. Contract for: Hosp Grove Park, Project #3431 in the City of Carlsbad, in strict conformity with the drawings and specifications, and othr Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad an all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the tern thereof require the furnishing of a bond, providing that if Principal or any of the subcontractors shall fail to pay for any materials, provisions, provender or other supplies ( teams used in, upon or about the performance of the work agreed to be done, or for ar work or labor done thereon of any kind, the Surety on this bond will pay the same to th extent hereinafter set forth. NOW, THEREFORE, WE, LASATER CONSTRUCTION CO . , INC . Principal, (hereinafter designated as the "Contractor"), and INSURANCE COMPANY OF THE WEST Dollars ($ 55,035.55-'*- amount payable by the City of Carlsbad under the terms of the Contract, for which paymei well and truly to be made we bind ourselves, our heirs, executors and administrator successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or hisbe subcontractors fail to pay for any materials, provisions, provender, supplies, or teams use in, upon, for, or about the performance of the work contracted to be done, or for any othe work or labor thereon of any kind, or for amounts due under the Unemployment Insuranc Code with respect to such work or labor, or for any amounts required to be deductec withheld, and paid over to the Employment Development Department from the wages c employees of the contractor and subcontractors pursuant to Section 13020 of th Unemployment Insurance Code with respect to such work and labor that the Surety will pa for the same, not to exceed the sum specified in the bond, and, also, in case suit is brougl upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fee! to be fixed by the court, as required by the provisions of Section 3248 of the California Civ , has awarded to LASATER (hereinafter designated as the "Principal"), I 7: as Surety, are held firmly bound unto the City of Carlsbad in the sum of fiftv-five thousand thirty-five and 55/100ths--------------------------------. x kA.*.k&d.AJ.d--L -ab.---), said sum being fifty percent (50%) of the estimate ' 0 I Code. This bond shall inure to the benefit of any and all persons, companies and corporation entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencin with Section 3082). 211 619 I. @ I. 2 1 i I ... 1 8 ... 91 I ... - 1 -*. I I R 1 ... I 1 -*. I 1 Surety stipulates and agrees that no change, extension of time, alteration or addition to th terms of the Contract, or to the work to be performed thereunder or the specificatior accompanying the same shall affect its obligations on this bond, and it does hereby wak notice of any change, extension of time, alterations or addition to the terms of the contra( or to the work or to the specifications. ... I. ... ... ... ... ... *.. ... ... ... ... ... -.. 21 1 619~ to ’ @ 1, 2 8 II I 1 II I 1. 8 ;iw I 1 8 ]I ,In the event that Contractor is an individual, it is agreed that the death of any suc Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 13th Executed by SURETY this 13th day oj day of July ? 1995. July ? 1995. CONTRACTOR: SURETY: I. LASATER CONSTRUCTION CO., INC. INSURANCE COMPANY OF THE WEST (Name of Surety) 5725 Kearny Villa Rd., Suite R 1 @jL<;xL///. (s' n here) San (Address -- Diego, of CA Surety) 92123 ._ - --(\An Lw+& e&-.. - (619) 279-3800 (print name here) Sioux Munyon Printed name of Attorney-in-Fact (attach corporate resolution showini current power of attorney) 1 (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer sign: the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL I 211 6/91 I. @ 1 1 Insurance Company of the .West HOME OFFICE: SPN DIEGO. CALIFORNIA POWER OF ATTORNEY 0 KNOW ALL MEN BY THESE PRESENTS: That 1NSlIRANCF. COMPANY OF THE WEST. a Cslifornia Corporation. does hereby ap SIOUX MUNYON its true and lawful Attorney(s)-in-Fact. with full power and authority, to BXRCII!~. on hehalf of the Company. fidelity and surety bonds. unc and other contracts ol stiretvshiD of a similar n;rtiire. This Power of Attorney is granted and is signed end sealed hy facsimile under the alJthority of the following Resolution adopted by of Directors on the 22nd day of November. 1994. which said Resolution has not been amended or rescinded and of which the lo111 true copy: “RESOLVED. that the Cheirman of the Board. the President. an Executive Vice President or a Senior Vice President of the and each of them. is herehy authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney on behalf of the Company. fidelity and surety bonds. undertakings. or other contracts of suretyship of a similar nature; and to atta the seal of the Company: provided however. that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures 01 such officers and the seal of the Company, and the signatures of any witn signatures and seal of any notary. and the signatures of any officers certifying the validity of the Powe: of Attorney. may be affixed by IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized this 28th day ol March 19 95. 0 2 ,,v~*~OW~~ % INSURANCE COMPANY OF THE WEST **a , , ,** c41 lFo~!l\\L /-77 0 STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO John L.<annum. Senior Vice President March 28th, 1395 On this before me personally appeared John L. Hannum. Senior Vice President of IF COMPANY OF THE WEST. personally known to me to be the individual and officer who executed the within instrument, and acb to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf o acted. executed the instrument. WITNESS my hand and official seal. CERTIFICATE: I. E. Harned Davis. Vice President 01 INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF A of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under tt of Ihe above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President. on this 13th day of July 19 95. (pJ 3 +c,ah?Okt,, 2 *e“ I, 4 c41 I(OR*L INSURANCE COMPANY 7 OF THE WEST QE!!f@ a&; &4d, p’ 0 E. Harned Davis, Lice President ICW 37 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA County of SAN DIEGO On July 13, 1995 before me, 0 KIN X. WALKER, NOTAZf PUBLIC DATE NAME. TITLE OF OFFICER. E G . -JANE OOE. NOTARY PUBLIC- personally appeared SIOUX MUNYON NAME(5) OF SIGNER(S) @ personally known to me - OR - provc,” to me on the basis of satisfactory eviden to be the person(s) whose name(s) is/a subscribed to the within instrument and i knowledged to me that he/she/they execut, the same in his/her/their authorizf capacity(ies), and that by his/her/thc signature(s) on the instrument the person(: or the entity upon behalf of which tt person(s) acted, executed the instrumer WITNESS my hand an2official seal. 0 Though the data below is not required by law, it may prove valuable to persons relying on the document and could pret fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMEN‘ CAPACITY CLAIMED BY SIGNER Labor and Materials Bond TITLE OR TYPE OF OOCUMENT TITWS) 0 GENERAL 3 NUMBER OF PAGES Julv 13, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: LASATER CONSTRUCTION co., INC- NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE INSURANCE COMPANY OF THE WEST 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of spif.1 D i ts~a personally appeared I/L> tt- 5 T \erCGP=mCb Y a rn M'4-raL I before me,sO!-/ g m e3 st-twuod - \uorw.l" p t' Name and Title of Officer (e g , 'Jane Doe Notary Publc") Name@) of Signer(s) 0 personally known to me - OR -Rproved to me on the basis of satisfactory evidence to be the persona whose name@ is/@ubscribed to the within instrument and acknowledged to me that he/she/ e xecuted the same in his/her/@authorized capacity 53 ies and that by his/her/t@ignature*= the instrument the persona or the entity upon behalf of which the persomacted, executed the instrument. Comm #I 021 993 ESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: /LL%mJ %ob- b Document Date: "I di3-75 Number of Pages: A 3 - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer@) -u- ST & d6fawLr4 Signer's Name: 3-IW L/tS&Tm-- 17 Individual 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: LJyhqER, rnU5TEdC, Prod No 5907 Reorder Call Toll-Free 1-800 0 1994 National Notary Association - 8236 Remmet Ave , P 0 Box 71 84 - Canoga Park, CA 91 309-71 84 ** -> PREMIUM: $2,651 ,!A ",, 3 -r ?. 2)iC;$ I' "I" -2 - i 1 I I I I I B 8 1 I I I I FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution N( , has awarded to LASATER , (hereinafter designated as the "Principal"), a Contract fo in the City of Carlsbad, in strict conformity with the contract, the drawings an specifications, and other Contract Documents now on file in the Office of the City Clerk c the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the tern thereof require the furnishing of a bond for the faithful performance and warranty of sai 95--,?26, adopted &&.LIS~ g / 99.K CONSTRUCTION CO., INC. 1. 1 Contract; NOW, THEREFORE, WE, LASATER CONSTRUCTION co . , INC . (hereinafter designated as the "Contractor"), and INSURANCE COMPANY OF THE WEST , as Principal , as Surety, are held and firmly bound unto the City of Carlsbad, in th sum of 10/100Chs-------------------- ----------- -Dollars($llo ,O7 1 10 ), said sum being equal to one hundred percen (100%) of the estimated amount of the Contract, to be paid to City or its certain attorney its successors and assigns; for which payment, well and truly to be made, we bind ourselves our heirs, executors and administrators, successors or assigns, jointly and severally, firmly bi these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounder Contractor, their heirs, executors, administrators, successors or assigns, shall in all thing! stand to and abide by, and well and truly keep and perform the covenants, conditions, anc agreements in the Contract and any alteration thereof made as therein provided on theii part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. one hundred ten thousand seventy-one and '0 211 6/94 1. 83 3 In the event that Contractor is an individual, it is agreed that the death of any suc Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 13th uv ' 1 8 I D I I i 8 8 I I I I 1 1 Executed by SURETY this 13th day oj I@ day of July ,1995. July ,19 2. CONTRACTOR: SURETY: LASATER CONSTRUCTION CO., INC. INSURANCE COMPANY OF THE WEST (Name of Surety) 5725 Kearny Villa Rd., Suite R Sa-0. CA 9717 3- - (Address of Surety) (619) 279-3800 (print name here) -- Sioux Munyon Printed name of Attorney-in-Fact (attach corporate resolution showin< current power of attorney) 1. c a"' /ow (Proper notarial achowledge of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL 211 6/94 I. @ Insurance Company of the West HOME OFFICE: SAN DIEGO. CALIFORNIA POWER OF ATTORNEY 0 KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corporation. does hereby aF SIOUX MUNYON its true and lawfiil'Attorney(s)-in-Fact. with frill power and authority. to AXRC!JtA. on behalf of the Company, fidelity and surety bonds, unc and other contracts of swetvshio of a similar natiire. This Power of Attorney is granted and is signed end sealed by facsimile under the authority of the following Resolution adopted by of Directors on the 22nd day of November. 1994. which said Resolution has not been amended or rescinded and of which the foll true copy: "RESOLVED, that the Chnirman of the Board. the President. an!Exocotive Vice President or a Senior Vice President of the and each of tham. is herehy authorized to exe~11te Powers of Attorney qualifying the nttorney nmned in ths Given Power of Attorney on behalf of the Company. fidelity and surety bonds. undertakings. or other contracts of suretyship of a similar nature: and to atta the seal of the Company: provided however. that tho absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witn signatures and seal of any notary, and the signatures of any officers certifying the validity of the Powe: of Attorney, may be affixed by IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents lo be signed by its duly authorized this 28th day of March 19 95. 0 *#C" , . %n- C~wow~ INSURANCE COMPANY OF THE WEST 3 ,@R?DR~J~~*> . /f '4 1: ,f& f .- 2-T- .r 0 STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO John L.qannum, Senior Vice President ,d gAflgi&q7J+$& +---e March 28th, 1395 On this before me personally appeared John L. Hannum. Senior Vice President of Ih COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and ack to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf c acted. executed the instrument. WITNESS my hand and official seal. Notary Pub1 L CERTIFICATE: I. E. Harned Davis. Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF A of which the foregoing is a true copy, is still in full force and effect. and that this certificate may be signed by facsimile under tt of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 13th day of July 19 95. INSURANCE COMPANY OF THE WEST 0 y.? 4 r' E,, Qk '1 Yf &4d/ f $ *comron4rro % Qiroll.C*. 0 c41*gm\* E. Harned Davis. ice President ICW 37 a 1 C'kLIFORMIA ALL-PURPOSE AGKWOWLEDCMENT CALIFORNIA Countyof SAN DIEGO KIM M. WALKER, NOTARY PUBLIC On before me, July 13, 1995 DATE NAME. TITLE OF OFFICER . E G . -JANE OOE. NOTARY PUBLIC- personally appeared SIOUX MUNYON NAME(S1 OF SIGNER{S) @ personally known to me - OR - 0 proved to me on the basis of satisfactory eviden to be the person(s) whose narne(s) is/a subscribed to the within instrument and E knowledged to me that he/she/they execut the same in his/her/their authoriz capacity(ies), and that by his/her/th signature(s) on the instrument the person( or the entity upon behalf of which tl person(s) acted, executed the instrumer WITNESS my hand and offic& seal. ' -:J JW? $77- /(Q&!%L4] / SIGNATURE OF NOTARY Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEh Faithful Performance/Warranty Bon TITLE OR TYPE OF DOCUMENT TlTLE(S1 2 NUMBER OF PAGES July 13, 1995 DATE CF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S1 OR ENTITY(IES) LASATER CONSTRUCTION CO., INC. SIGNER(S) OTHER THAN NAMED ABOVE INSURANCE COMPANY OF THE WEST CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT before me,'JoL! 6 mdul %Jw'CDpLI - pmmct^ Pug Date Name and Title of Officer (e g , "Jane Doe, Notary Public") personally appeared d /+- s32i06FdRDd Ti- SIP? Name@) of Signer@) 0 personally known to me - OR -*%proved to me on the basis of satisfactory evidence to be the perso& whose name@$@ubscribed to the within instrument and acknowledged to me that he/she/ e xecuted the same in his/her/t@authorized capacity % s , and that by his/her/mignature@n the instrument the personB or the entity upon behalf of which the personmcted, executed the instrument. WITNESS my hand and official seal. Ccmm #I Q21993 Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: z- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) (/&+.5T@VJ6F~/ 0 Individual 0 Corporate Officer 0 Attorney-in-Fact 0 Attorney-in-Fact 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: Mhp3L @!Jssrmc * /Jfj4~igE. rnN3s-i-ECAc Reorder Call Toll-Free 1-80 0 1994 National Notary Association * 8236 Remmet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Encinitas Ca, 92024 6741 Cantil Street Carlsbad, Ca 92009 erica1 general llabllity All owned autos Scheduled Autos .ury (Fer Accident) 5 Nm-Owwed Autos Garage Liability Umbrella Form Other than Umbrella Form r is Excess/ Carlsbad, Ca 92008 cncuL QwnAL LIADILITV ER'P P CONTWCTOR'9 PROT All OWNED AUTO8 SCHEDULED AUTOS NON-OWNED AUTOS UMBREUA FORM 3 0 * DAY0 WRFN NOTtCE TQ THE CERTIFICATE HOLDER HAMID TI IUT WLUR4 TO MrlL lUUH NOTlQE OWALL lMWO8 NO OSLlWfKIN OR CIUZLBBAD CA 92 .. /I MERCIAL OPNPRAL LIABILITY ALL OWND AUTO8 BCHEOULEP AUTO6 NON-OWNED AUTO8 GXMRI\TION DATE ikERReoF, THC IIBUINO COMPANY WILL ENDEAVOI TO M Wddi Kina I I, ,,,, ,, , , , m&8 ELJPQRS- C#,&NGRS me P~L~cY. P&wE w IT ~~~~* jAPPZTTBNA& ZNIUREP - OWNERS, LESSPES OR CONTRACTORIS (FORM 8) *’ 0 Thie endorgemant modifies insurance provided under the following: CONMERCIAL OENEIUL LTABILSTY COVERAQE PAKT 6CWDWE Naae of Percron or Organization: CITY OF CARLSBAD, ITS AGENT, EMPLOYEES AND OFFICERS 2075 LAS PALM&$ DRIVE CaRfrSBADI CA 92008 {If na entq appear@ above, infozmation re&L;ced to complete Chis endorsement wibl be shown in the Declarations as applicable to thie endorsement. 9 WAb IS AN XNSURED (Section 1x1 ?is amended Lo include as an insured the person or organizapion &horn in rhe Schedule, but only with respect EO liability arising out of your ongoing operations pertormed for that insured. It: is further agreed that: 1. 0 Such hsurance as is a€fordsd by this policy shall ba primary inGurance and iB noc excess or contributing with any insurance or self-ineurance maintained by the above additiana’l ineursd(a) against a losa covered by this policy. The right to subrogate again~t the above additional insured($) is waived for lo8se.e paid which arL@e aut of the operations of the named insured. 2. Neither the coverages provided by this insurance policy noa the provk~ons of stems 1 and 2 abwe shall apply to any Claim arising out of any act or odadan of the additional insured ax any of their agents/emplaysa~. ADDITIONAL PREMIUM-: $156-00 C.I.G.A. : LLu TOTAL ADDITZONXG PREMJW: $152.00 INSWD: WATER CONSTRUCTION BOLTCY NO.: 953~0294 EFFECTIVE: 07/17/35 E;Ci[DORSEMEm NO. ; 0,l 0 7 / 2 4 / 95 - JAC 0 w 3073 LA8 PUMAS CARL~BA~, CA 91001 Who Ir rn lnaursd, Wthn Urn Llnbi'Ity Covengc, is rvr,sndsd m inaiudo u on l'Insutad* the pa(lsn8 bt organbadon ahown In the SShdddUlS, I I 0 I I YQW M&NCk NMllCl JOHNSON & WOOIJ,BY W3 IBR Acjm NO, 17.8743 Rcv PL#~/&SfiTEH (-1 j 613-438-Jlcb? t397 Pa2 I’dL a “J5 j~,;),, 1 nnrrl?~YlCH 0 Q71R-d-ki-m Q Ik~eu+a*-awbw+@: Q*ktlo*CUribo*k*a rnWl Qmhacawa*.!.cn wm Tm p mCtutlkrl#ud&m@@i4hdr*ar*--*~. c;1 ?hw b &If@ & m.1 &ffd ga rbriPRpkad sddrrnrdqar ievp: @9, Q tkRtrorPmd*nrbr~a*ba-t#ICLIIZB* 0 Car I a- ,I ’) <. - I ?%.+ I! p -I( (JL.,, rCI 3 * 45- /(;3,y1 i-- x,* , I : -,I I(; I It asH&mmItwLw: I *-- ma#!#; ai rn hpglmd My! rzrms .- wo m ” 11- :I ‘-* Ah3 ow -n: ’ *v I 0 c bi I 1 0 PA ; - .. - c:-c/ L.-< ‘2.( cyJz: 7-7- , L. ----1-- ~ . -d ~*.iuJ.-~’;. ‘5.i::. WJ 3~ 3 vj ;E 1: i_T 6i9--t38-412Q I 'Ri 1'1 HY*'IIWITER CO 097 PB? JU. 29 '95 i5 02 Paae I as Jbi s7 '8s llbb4 ' mntr * a m!mdqly- @% ~aQJdrwwy# -e b b pilI@5lU&t, Wkblbq(lll(lllWWh%kCg*L)\YL~@*U# oiml'C~kOMrQkp( I 7#~p&lI)~~~Wlb lilpliils RdmWbpwalus'- I 1 w- -----., - ' w -..-.... Jdh lamymwl 2 --- OSLrnOI~I WlParYXm -w*&--"v-- : ._,_, , w 5mmUmmaD et- UP chwlhlw, PW mz@-t H*#a$mO xtfwalvIa9B.r aP;w w QuRuupf )1w pPdrxatabfbS, mmdmJi6 R --Be & -a@ I VWR8M i I I 1 e 1 I 1 I I 2 \' -," I i. I *d )I ~c,l+* /'7 ,,,' G, 1 ,/A' i L.z+-. c \-;aPT 4 "0 i \ ,' I I 1 i I I d l d WOmr\Irn, l Apt'$ Cq?) -4 + I, f/ - f ** TOTBL PROI,BB~ #* I * +, $) ' -@l,LCL#iC /. p-Jk%,LLd (7 ' ,-- d' /' -4 1. -. .* C'. x?: l"lbI.".:l: s:!. x1 i:i : :9il c1. -~ 1:[ . '1 -,ccr-c 2-c _I_____.. - City of Carlsbad Purchasing Department Representation and Certification I I 0 1 I I REPRESEMTATION(S): I The following representation and certification are to be completed, signed and returned with proposa REPRESENTATIONS: Mark all applicable blanks. I am currently certified by: This offeror represents as part of this offer that: (Check appropriate Ethnic Business Type) Certification #: CERTIFICATION OF BUSINESS Mark all applicable blanks. This offeror represc part of this offer that: This firm is , is not .t a mi business. This firm is , is not )c a wc owned business. I I WOMAN-OWNED BUSINESS: A woma business is a business of which at least 51 p owned, controlled and operated by a woman 01 Controlled is defined as exercising the power policy decisions. Operation is defined as involved in the day-to-day management. DEFINITIONS: I MINORITY BUSINESS ENTEpPRISE: "Minority Business" is defined as a business, at least 51 percent of which is owned, operated and controlled by minority roup members, or in the case of publicly owned I@ usinesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially I and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (Le. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., US. Citizens whose I origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTl FlCATlO N: The information furnished is certified to be factual a 1 I [ AD&ZZ v ~~_cjsrrl~+, c;3 I rMc / CuP?J./*/ sf- Pzl?zw4 19- q7l~oqpqP TELEPHONE NUMBER I I 21 1 619 6B I. I I I I OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsba whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter calle "City" and whose address . hereinafter called "Contractorl' and whose address is 1. 1 hereinafter called "Escrow Agent." I as follows: For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agrel 1. Pursuant to Section 22300 of the Public Contract Code of the State of California the contractor has the option to deposit securities with the Escrow Agent as ( substitute for retention earnings required to be withheld by the City pursuant tc the Construction Contract entered into between the City and Contractor for dated (hereinafter referred to as the Tontract''). Alternatively, 01 written request of the contractor, the owner shall make payments of the retentioi earnings directly to the escrow agent. When the Contractor deposits the securitie! as a substitute for Contract earnings, the Escrow Agent shall notify the City withir 10 days of the deposit. The market value of the securities at the time of thc substitution shall be a least equal to the cash amount then required to be withhelc as retention under the terms of the contract between the City and Contractor Securities shall be held in the name of the , and shall designate thc Contractor as the beneficial owner. The City shall make progress payments to the Contractor for such funds whicl otherwise would be withheld from progress payments pursuant to the Contraci provisions, provided that the Escrow Agent holds securities in the form anc amount specified above. When the City makes payment of retentions earned directly to the escrow agent the escrow agent shall hold them for the benefit of the contractor until such time as the escrow created under this contract is terminated. The contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. 1 1 I. 1 1 I 1 .I 1 I in the amount of 1 2. 3. 21 1 6/94 I* @ 1 3 I 1 I 1 I I I 1 .... 1 I 1 .... I I I 4. The contractor shall be responsible for paying all fees for the expenses incurre by the Escrow Agent in administering the Escrow Account and all expenses of th of the City. These expenses and payment terms shall be determined by the Cie Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held in escro. and all interest earned on that interest shall be for the sole account of Contractc and shall be subject to withdrawal by Contractor at any time and from time t time without notice to the City. Contractor shall have the right to withdraw all or any part of the principal in th Escrow Account only by written notice to Escrow Agent accompanied by writte authorization from City to the Escrow Agent that City consents to the withdraws of the amount sought to be withdrawn by Contractor. The City shall have a right to draw upon the securities in the event of default b the Contractor. Upon seven days’ written notice to the Escrow Agent from th City of the default, the Escrow Agent shall immediately convert the securities tc cash and shall distribute the cash as instructed by the City. Upon receipt of written notification from the City certifymg that the Contract i: final and complete and that the Copt-ractor has complied with all requirement and procedures applicable to the Contract, the Escrow Agent shall release tc Contractor all securities and interest on deposit less escrow fees and charges o the Escrow Account. The escrow shall be closed immediately upon disbursemen of all moneys and securities on deposit and payments of fees and charges. The Escrow Agent shall rely on the written notifications from the City and tht contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the CiQ and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release conversion and disbursement of the securities and interest as set forth above. 5. I. 6. I 7. 8. I. 9. .... .... .... .... .... 2/ 1 6/94 I. @ 3! The names of the persons who are authorized to give written notices or to receivl written notice on behalf of the City and on behalf of Contractor in connectioi with the foregoing, and exemplars of their respective signatures are as follows: For City: Title 10. 1 I I 1 I I. I I 1 I D I I 1 Name Signature I. 1 Address For Contractor: Title Name 8 Signature Address For Escrow Agent: Title D Name Signature Address 31 6/94 1. dB 3t At the time the Escrow Account is opened, the City and Contractor shall deliver to tht Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their prope officers on the date first set forth above. I 1 I 1 I 1. 1 I 1 i 1 I 1 For City: Title I. Name I Signature Address For Contractor: Title I Name Signature Address I For Escrow Agent: Title Name Signature 1 Address 2/16/94 1. @ 3 RELEASE FORM THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL 0 MONTHLY PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: I I 1. I PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges upon payment in the full amour specified all compensation of whatever nature due the Contractor for all labor and material furnished and for all work performed on the above-referenced project for the perioc specified above with the exception of contract retention amounts and disputed work o I B D 1 1 II I I 1 I claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ DISPUTED WORWCLAIMS DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CLAIMED (OR ESTIMATE) 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 disputec work/claim on this form. This release and waiver has been made voluntarily by Contract0 without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, anc work due Subcontractors for the specified period will be paid according to Public Contraci Code Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties signing below on behalf of Contractor have express authority to execute this release DATED: 1 0 PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) I By: Title: By: 1 Title: 211 6/94 Q9 I. I 3 SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION I I 1-1 TERMS I. I To Section 1-1, add: A. Reference to Drawings: Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of simila import are used, it shall be understood that reference is made to the plans accompanyin these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it sha: be understood that the direction, designation or selection of the Engineer is intended, unles stated otherwise. The word "required" and words of similar import shall be understood ti mean "as required to properly complete the work as required and as approved by the Cit Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar impor are used, it shall be understood such words are followed by the expression "in the opinior of the Engineer," unless otherwise stated. Where the words "approved," "approval, "acceptance," or words of similar import are used, it shall be understood that the approval acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at herbis expense shall perform all operations, labor, tools and equipment, and further, including tht furnishing and installing of materials that are indicated, specified or required to mean tha the Contractor, at herbis expense, shall furnish and install the work, complete in place an( ready to use, including furnishing of necessary labor, materials, tools, equipment, an( transportation. I 1 1 1 I D 1 B 1 I 1 1 I I 31 6/94 I. 63 3! 1-2 DEFINITIONS 1 I Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer - the Project Manager for the City of Carlsbad or his approved representative I. 1 2-4 CONTRACT BONDS Delete the third sentence of the first paragraph having to do with a surety being listed ii the latest revision of U.S. Department of Treasury Circular 570. Modi@ Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labo and materials bond) for this contract. The faithful performance/warranty bond shall be i; the amount of 100 percent of the contract price and the payment bond shall be in thl amount of 50 percent of the contract price. Both bonds shall extend in full force and effec and be retained by the city during the course of this project until they are released accordin to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the origina amount 35 days after recordation of the Notice of Completion and will remain in full fora and effect for the one year warranty period and until all warranty repairs are completed ti the satisfaction of the city engineer. The payment bond shall be released six months plus 35 days after recordation of the Notic! of Completion if all claims have been paid. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized tc transact the business of insurance in California and whose assets exceed their liabilities ii an amount equal to or in excess of the amount of the bond. The bonds are to contain thc following documents: I 1 II 1 I 1 I I I 1) D i I i I An original, or a certified copy, of the unrevoked appointment, power of attornej by laws, or other instrument entitling or authorizing the person who executed thc bond to do so. A certified copy of the certificate of authority of the insurer issued by thc insurance commissioner. 2) 31619 1. @ 4( If the bid is accepted, the City may require a financial statement of the assets and liabilitie of the insurer at the end of the quarter calendar year prior to 30 days next preceding thc date of the execution of the bond. The financial statement shall be made by an officer' certificate as defined in Section 173 of the Corporations Code. In the case of a foreigi insurer, the financial statement may be verified by the oath of the principal officer o manager residing within the United States. I 1 I 1 I 1 0 B 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work include the Standard Specifications for Public Work Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate( "SSPWC', as issued by the Southern California Chapter of the American Public Work Association, and as amended by the Special Provisions section of this contract. The Construction Plans consist of 1 sheet(s) designated as City of Carlsbad Drawing No 3431. The standard drawings utilized for this project are the latest edition of the San Diegc Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diegc County Department of Public Works, together with the City of Carlsbad Supplementa Standard Drawings. Copies of pertinent standard drawings are enclosed with thesc documents. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacturer' direction, the Contractor shall obtain and distribute the necessary copies of such instruction including two (2) copies to the City. To Section 2-5, add: 2-5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as-built" record set o blueline prints, which shall be corrected daily and show every change from the origina drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment underground piping, valves, and all other work not visible at surface grade. This set o drawings shall be kept on the job and shall be used only as a record set. Prior to final acceptance of the work, the Contractor shall have all the "as-built" informatioi transferred onto a set of mylar sheets. The information shall be professionally drafted ii a manner acceptable to the Engineer. Prints and mylars for this purpose may be obtained from the City at cost. 1 i I 0 1 i 1 I 1 I i 1 31619 1. @ 4: 4-1 MATERIALS AND WORKMANSHIP 1 I To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representative. The Engineer shall have free access to any or all parts of work at any time. Contractor shal furnish Engineer with such information as may be necessary to keep herhim fully informec regarding progress and manner of work and character of materials. Inspection of work shal not relieve Contractor from any obligation to fulfill this Contract. I. 1 1 I I 1 I 1 I I I I 1 Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testin< materials and/or workmanship where the results of such tests meet or exceed th requirements indicated in the Standard Specifications and the Special Provisions. The cos of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall bt approved by him before the delivery is started. All materials proposed for use may bt inspected or tested at any time during their preparation and use. If, after trial, it is founc that sources of supply which have been approved do not furnish a uniform product, or if thf product from any source proves unacceptable at any time, the Contractor shall furnisl approved material from other approved sources. After improper storage, handling or an! other reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans anc the SSPWC. Compaction tests may be made by the City and all costs for tests that mee or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engineer The costs of any retests made necessary by noncompliance with the specifications shall bt borne by the Contractor. Add the following section: 1 I 0 D 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming to the plans 01 specifications upon written order by the Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 2/ 1 6/94 I. @ 4: 5-1 LOCATION I I Add the following: The City of Carlsbad and affected utility companies have, by a search of known record: endeavored to locate and indicate on the Plans, all utilities which exist within the limits c the work. However, the accuracy of completeness of the utilities indicated on the Plans i not guaranteed. 1. 5-4 RELOCATION I 1 I i. 1 1 I I I I I I Add The temporary or permanent relocation or alteration of utilities, including seda connection, desired by the Contractor for hisher own convenience shall be the Contractor’, own responsibility, and he/she shall make all arrangements regarding such work at no cos to the City. If delays occur due to utilities relocations which were not shown on the Plans it will be solely the City’s option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties tc relocate utilities which interfere with the construction, the Contractor, upon request to thc City, may be permitted to temporarily omit the portion of work affected by the utility. Thc portion thus omitted shall be constructed by the Contractor immediately following thc relocation of the utility involved unless otherwise directed by the City. 1 I 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor at the pre-constructior meeting outlining estimated completion dates for major elements of work including but no1 limited to, boulder placement, irrigation, planting, path construction, and totlot installation 6-5 TERMINATION OF CONTRACT Grounds for termination of the contract by the City include failure of the City or Contract01 to obtain necessary permits from other governmental agencies, or unreasonable delay causec by enforcement of laws and regulations by other public agencies, including but not limitec to, enforcement of the Endangered Species Act and other similar laws. D 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR The City shall not be liable for delay caused by the enforcement of laws and regulations by other public agencies, including but not limited to, enforcement of the Endangered Species Act and other similar laws. 31 6/94 I. @ 4: I I I I B 1 1 I 1 B B I I I 6-7 TIME OF COMPLETION The Contractor shall begin work within fifteen (15) calendar days aher receipt of thc "Notice to Proceed" and shall diligently prosecute the work to completion within sixty (60 consecutive days after the date of the Notice to Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:OO a.m. anc sunset, from Mondays through Fridays. The contractor shall obtain the approval of thc Engineer if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of thc Engineer. This written permission must be obtained at least 48 hours prior to such work The Contractor shall pay the inspection costs of such work. I I I 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion and any faulty work or materials discovered during the guarantee period shall be repairec or replaced by the Contractor, at his expense. Twenty-five percent of the faithfu performance bond shall be retained as a warranty bond for the one year warranty period I 6-9 LIQUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $300 per d? for each day beyond the completion date as liquidated damages for the delay. Any progres payments made after the specified completion date shall not constitute a waiver of thi paragraph or of any damages. 31 619 I. @ r- 7-3 LIABILITY INSURANCE I I I I I I I. I I I u I I R Add the following: All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide o at least A-:V and are authorized to conduct business in the state of California and are listec in the official publication of the Department of Insurance of the State of California. I 7-4 WORKERS’ COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are authorized to conduct business in thc state of California and are listed in the official publication of the Department of Insurancc of the State of California. Policies issued by the State Compensation Fund meet thc requirement for workers’ compensation insurance. i 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading and building permits necessary to perform work for this contract on City property, in streets highways (except State highway right-of-way), railways or other rights-of-way. Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. I I 7-8 PROJECT AND SITE MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working day at the City’s request. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflers ii good repair when in use on the project with special attention to City Noise Contrc Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 211 619 I* @ 4E 7-10 PUBLIC CONVENIENCE AND SAFETY 0 I Add the following to Section 7-10.4, Public Safety: 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the worl and shall comply with all applicable provisions of Federal, State and Municipal safety law: and building codes to prevent accidents or injury to persons on, about, or adjacent to thr premises where the work is being performed. He/she shall erect and properly maintain a all time, as required by the conditions and progress of the work, all necessary safeguards fo the protection of workers and public, and shall use danger signs warning against hazard created by such features of construction as protruding nails, hoists, well holes, and fallini materials. I. I 1 E I i I I 1 7-13 LAWS TO BE OBSERVED 1 Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading If this notice specifies locations or possible materials, such as borrow pits or gravel beds, fo use in the proposed constructioc project which would be subject to Section 1601 or Sectioi 1603 of the Fish and Game Code, such conditions or modifications established pursuant tc Section 1601 of the Fish and Game Code shall become conditions of the contract. 8 FACILITIES FOR AGENCY PERSONNEL Delete this section. I * 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amoun of retention. c 11 WATER FOR CONSTRUCTION I Water will be available on site from an existing 1 1/2" diameter mainline. Cost of the wate will be paid by the City. I I 1 31 619 1. @ I I I I M I I 1 I. 1 I I I I I e t 1. I I. S ECTlO N S/DETAI LS I@ I I 1 1 8 I ! 1 i 1 u I I I I 1 1 I. 1 I 3. I -_ - 'I I. I I i I 1 11 4 b$ s i i 1 i ! ! 1 i li ,! -. ..^__ v) a +& a d W I- 4 z LT W I- J i !a 2' \' Qk 1: ,I ,. lsi @ D i 8 1 I. si 2 % & h k u li ?I A$ q I I I 1 I* ly h @& 3 0 k 1 \ i a i g $3 8 ti 2~ 2. Qk + b k fl 0 \ cv w I- z w a a a 3 a d n a i I I i { I i I Tt 11 @ c\\ b I I. I I 1 I: 1 I d' E 8 u I. I \ Ul t Q 1 I P 6 T Q 1 9 II I <$ qx I -\ % g\L\< I 4 ; Q % I &+S c &77/ a 4 # 4 d' I 6 1 I. I i i 8 1 I I. I I 8 I k A * 9 L 3: h* (2 W t., z U W t- J 4 C 4 c 1 ag 7 I 1 I I 1 1 I. I I 8 1 1 I I 1 t "1 4% t 48 e: u $ ia :'$* /$ b Q# 1 34- & pa ea *q k&JhO,: 18 &$a \<6sQqwQ jb %I i il 9 I. ,' iqu g I$& p $ j' i II' % '+ gQ Q$\&? I q&Q!qQ$' +wi $8 I 4 i$ I I. 1. I s .5, ‘ ‘3 hlT’.ll . -:,-, . ,r (J L- L r L n- ,?I,, cnn7,- n7.Y TP,. ii I -__ -- ~ c RECORDING REQUESTED BY: 186 CITY OF CARLSBAD WHEN RECORDED RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DR. CARLSBAD, CA 92008 NOTICE OF COMPLETION Notice is hereby given that: 1. 2. 3. 4. 5. 6. 7. The undersigned is owner of the Interest or estate stated below in the property hereinafter described. The full name of the undersigned is the City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, CA, 92008. The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on December 1, 1996. The name of the contractor, if any, for such improvement is Lasater Construction Co., Inc. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Hosp Grove Park, Special Use Area, Project No. 3431 The street address of said property is NONE. 8. CITY OF CARLSBAD -*x ____________ ____ ______________ MARK STEYAERT Park Development Coordinator VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on crAn/hY /& , 19%, accepted .the above described work as complete and ordered that a Notice of Completion be filed. I declare under the penalty of perjury that the foregoing is true and correct. Executed on , 19 96 at the City of Carlsbad, California. CITY OF CARLSBAD P _ l5LLzL--&-+ ___- ALETHA L. RAUTENKRANZ City Cleri