HomeMy WebLinkAboutLightning Fence Company; 1992-12-17; 39000
-
* -
’drr 0 -P P. 2 E% y tun
- ... >go9
P w P. - nrs
r wm(D
I r4D s
I om 0
-
I
-.. - - - - - -. - - -
I -
I - - - ..
-.
I - - I .- - - -. - - -
I
-
-I - ...... - I .-. - -
* - - - - - I ....”. - .- 1
September 14, 1993
Lightning Fence Co. 14352 Blue Sage Rd. Poway, CA 92064
RE: Bond Release - Contract No. 3900 - CMWD No. 91-110 - Construction of 19
Fencing Projects
The Notice of Completion for the above-referenced project has recorde Therefore, per instructions from our Engineering Department, we are here releasing American Motorists Insurance Co. Performance Bond No. 3SM77686800, the amount of $60,566.16.
The bond is enclosed so that you can return it to your surety. Also enclosed f your records is a copy of the Notice of Completion.
Encs.
c: Lynn True, Eng.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E
1562 m 1 . Recording requested by:
CITY OF CARLSBAD ) 1
When recorded mail to: )
City Clerk 1
City of Carlsbad ) 6208 Carisbad Village Drive )
Carlsbad, California 92008 )
Carlsbad, CA 92008 1 Space above for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
I.
2.
3.
4.
5.
6.
7.
The undersigned is owner of the interest or estate stated below in the property hereinafter des
The full name of the undersigned is Carlsbad Municipal Water District, a municipal corporat
The full address of the undersigned is 5950 El Camino Real, Carlsbad, California 92008.
A work of improvement on the property hereinafter described was completed on April 7, 19.
The name of the contractor, if any, for such work of improvement is Liqhtnina Fence.
The property on which said work of improvement was completed is in the City of Carlsbad, (
of San Diego, State of California, and is described as follows: CMWD No. 91-1 10, Contri
3906, Maeakle I Reservoir, Maerkle II Reservoir and La Costa Low Reservoir.
The street address of said property is NONE.
T-3 pqbttv5 r\9 tho tit13 r\f 4-0 iindsrclnnod ;e* I .I., .,-I"," dI LI I" ...I G U. .I ,r r., ,%-.".-*a ..-- 1". !r: fee.
8.
CARLSBAD MUNICIPAL WATER DISl
c
\
A Bob Coates, P.E.
District Engineer
VERIFICATION OF ClN CLERK
8, the undersigned, say:
I arm the Secretary of the 3oard of Directors, C'arlstiaa Municipai -water Uistrici, 595u ti C
Weal, Carlsbad, California, 92008; the Board of Directors of said District on
.^ QPf-m+m+ - -- D-. - u $:ne ak.iJv.5 c%xri!xd LY:..!
Tu +I€ 13' ! .,-,-< C.P n--.nl&sd n-4 -vrJ~w*A Lh-t c1 &lmGm~, rf Pnmmlot;r\n c\? film f- LU"IViE... ... 5.: *d U ,.,.-, "-. ,,I_. w L ."i..-r" . . ".....F." .I_. . -1 ..._
1 declare under penalty of perjury that the foregoing is true and correct.
Executed on , 193at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DlST -
&&%k*
EXHIBIT 3
1
TABLE OF CONTENTS
Item Pagt I
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . 1 I I . . . . . . . . . . . . . . . . .
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . a ~. D.. . . . f ~. . . -. . . . . .
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . ~. ~ *. e -. . . -. *. . . ~.
AMOUNT OF SUBCONTRACTORS’ BIDS . . . . . . . . . . . - . . . . . . . 1 . o . . . . . .
THIS FORM IS NOT NECESSARY FOR THIS CONTRACT
EQUIPMENT/MATERIAL SOURCE INFORMATION . . . . . . . . . . L . . a . . . o . 12
BIDSECUWITYFORM.. ~ll..............~.~.............l~...f.. 13
BIDDER’S BOND . . . . . . . . . . . a -,. . . . . . . . . . . . -. . . l.. . . . . . . *.. f.. ~, 14
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . 1 . . . ~ . . 16
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . 17
:
:
1(
1:
10
II
I
1
I It,,
8
I a
I c
1
I P
I
NON-COLLUSION AFFIDAVIT . . . . . . . . . . . . f . . a . . . . . . . . . . . . I . . . . . . . 18
CONTRACT - PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t . . . ~ 20
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . 28
PERFORMANCE BOND . . . . . . . . . . . , . . . . . . . . . . . . . 1 . , . . . . . . . . . . . . . . 30
WARRANTYBOND ...................f.O1.....l................ 32
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . ~ . . . + . 1 . . a , . . * . . . . . . . . e a . . . . . . 34
RELEASEFORM ............................................... 38
SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
SUPPLEMENTAL PROVISIONS ~ . . . . . . a . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . 51
SAN DIEGO REGIONAL
STANDARD DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . *. *. . , . 52
4/10/92 REV.
/- , c/i I \, -' I 3
CARLSBAD MUNICIPAL WATER DISTRICT
CARLS BAD, CALIF0 RNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsbac
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 9th
day of July , 19% at which time they will be opened and read, foi
performing the work as follows:
4)
n
CONTRACT NO. 3900
CONSTRUCTION OF 1992 FENCING PROJECTS
IN THE CITY OF CARLSBAD
I
I
t
1
IC
II
I
ll
I
P' a
CMWD PROJECT NO. 91-110
The work shall be performed in strict conformity with the specifications as approved by the
Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on file
with the District Engineering Department. The specifications for the work include the latesl
revised edition of the Standard Plans and Specifications for Construction of Water Mains
of Carlsbad Municipal Water District, and Standard Soecifications of Public Works
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designatec
"SSPWC", as issued by the Southern California Chapter of the American Public Work5
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 Carlsbad Municipal Water District encourages the participation of minority and
women-owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacturers
fabricators and contractors to utilize recyclable materials when available and where
"
It 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 monies withheld by the District to ensure performance under this Contract. Section
22300 of the Public Contract Code requires monies or securities to be deposited with the
District or a state or federally chartered bank in California as the escrow agent.
e
Notice Inviting Bids
4/10/92 REV
1
The documents which must be completed, properly executed and notarized are:
I
4"
I
I
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Contract
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitie
are approximate and serve solely as a basis for the comparison of bids. The Engineer'
Estimate is $95,000.
No bid shall be accepted from a contractor who is not licensed in accordance with th
provisions of California state law. The contractor shall state their license numbei
expiration date and classification in the proposal, under penalty of perjury. The followin
classifications are acceptable for this contract: C- 13
in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contrac
documents in lieu of the usual ten percent (10%) retention from each payment, thes
documents must be completed and submitted with the signed contract. The escro7
agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasin
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbac
California, for a non-refundable fee of $30.00 per set, and Carlsbad Municipal Wate
District Standard Plans and Specifications for a non-refundable fee of $20.00 per set.
The Carlsbad Municipal Water District reserves the right to reject any or all bids and t
waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute th
contract shall be those as determined by the Director of Industrial Relations pursuant t
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of th
Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsba
City Clerk. The Contractor to whom the Contract is awarded shall not pay less than th
said specified prevailing rates of wages to all workers employed by him or her in th
execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions c
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Codt
"Subletting and Subcontracting Fair Practiced Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 sha
apply to the Contract for work.
I
(B E
E
r
I)
B
1 re
1 Notice Inviting Bic
4/10/92 RE7
I
8 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, a
indicated in this proposal, times the unit price as submitted by the bidder. In case of :
discrepancy between words and figures, the words shall prevail. In case of an error in thc
extension of a unit price, the corrected extension shall be calculated and the bids will bc
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out anc
typed or written in with ink and must be initialed in ink by a person authorized to sign foi
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prioi
to bidding. Submission of bids without acknowledgment of addenda may be cause o
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and materials
suppliers and warranty to cover all guarantees against defective workmanship and materials,
or both, for a period of one year after the date of final acceptance of the work by the
District each in an amount equal to one hundred percent (loo%), fifty percent (50%) 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 District for a period of one
(1) year from the date of formal acceptance of the project by the District.
Bonds and insurance are to be placed with insurers that have (1) a rating in the most recent
Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business in the
State of California, and (3) are listed in the official publication of the Department of
Insurance of the State of California. 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 on-site or off-site, whether
owned, non-owned or hired, and whether scheduIed or non-scheduled. The auto insurance
certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Worker's 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 District does accept policies issued by the State Compensation Fund as
meeting the requirement for workers' compensation insurance.
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.
8'.
P
i
s
1 0 I a
I
1
1;
I F'
B
I
Notice Inviting Bids
4/10/92 REV.
1
Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsbac
California, by Resolution No. 788 , adopted on the 19th day of May
a
I
1
1
I
\t
c14B
I
t
1-
3
fi
I
P'
1
4'' 192.
5
Date ' =+ A/
m
Notice Inviting Bids
4/10,92 REV.
5
i
b
4
1
t
ll
CARLSBAD MUNICIPAL WATER DISTRICT I" CONTRACT NO. 3900
CONTRACTOR'S PROPOSAL
Board of Directors
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read tht
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnis,
all labor, materials, equipment, transportation, and services required to do all the work tc
complete Contract No. 3900 in accordance with the Plans and Specifications of thc
Carlsbad Municipal Water District, and the Special Provisions and that he/she will take ir
full payment therefor the following unit prices for each item complete to wit:
SCHEDULE A Y. PLANS
CONSTRUCTION OF 6 FOOT HIGH CHAIN LINK FENCE WIT73
BARBED WIRE AT LA COSTA RESERVOIR (SHEET 2 OF
Item Approximate
No. 0 uantity Description Unit Price Total
1A 283 L.F. Remove and dispose of 6
foot high chain link fence
m
and gates $ 2 i /,x $ 5 79,(,9/ &
fi
I
.I
1
c
2A 702 L.F. 6 foot high, class 1, chain
link fence with barbed
wire and extension arms
per San Diego Regional
Standard Drawings M-6
and M-20 1 9-
3A 3EA. 4 x 6 foot high, class 1,
chain link walk gate with
barbed wire and exten-
sion posts per San Diego
Regional Standard I Drawing M-5 $ //,'A - $ p34- f Contractor's Proposal
4/10/92 REV. d
51 Item Approximate
No. Quantity Description Unit Price Total
Y
J
It
16 X 6 foot high, class 1,
double chain link gates
with barbed wire and exten-
sion posts per San Diego
Regional Standard Draw-
I'. 4A lEA.
- rr
ing M-5 $6 -77 - $ #7/
$ SCHEDULE A (SUB TOTAL)
CONSTRUCTION OF 8 FOOT HIGH CHAIN LINK FENCE WIT€
RAZOR WIRE AT MAERKLE DAM (SHEET 3 OF PLANS)
SCHEDULE B
Item Approximate
No. Quantity Description Unit Price Total
1B L.S. Clearing, grubbing and site preparation includ- fJP3
ing old fence removal $- --A LS $ 3/19 9- I
li u 4D
I
E
i
1
1
I
e
"%
2B 2500 L.F. 8 foot high, class 1, chain
link fence with razor wire
and extension arms per
San Diego Regional Stan-
dard Drawings (M-6 Modi- --.
fied) and M-20 $ /2# 67 $ 3/, d /5-- x
3B 2EA. 4 x 8 foot high, class 1, chain link walk gate with
razor wire and extension
posts per San Diego Re-
gional Standard Drawings 8 (M-5 Modified) $ 420 - $ s?vo-
4B 1 EA, 16 x 8 foot high, class 1, double link chain link
gates with razor wire and
extension posts per San
Diego Regional Standard
Drawings (M-5 Modified) $ 7L)o - $ 900-
$ SCHEDULE B (SUB-TOTAL)
Coiltractor's Proposal
3/10/92 REV.
If
I
i
0
I
1
SCHEDULE C CONSTRUCTION OF 6 FOOT HIGH CHAIN LINK FENCE WIT7
BARBED WIRE AT MAERKLE RESERVOIR (SHEET 4 0
PLANS
Item Approximate
No. Quantitv Description Unit Price Total 1c L.S. Clearing, grubbing and site
8‘’
$ /,,-s $ 2,/7</n - preparation including old
fence removal
2C 1470 L.F. 6 foot high, class 1, chain
link fence with barbed wire
and extension arms per San
Drawings M-6 and M-20 $ Diego Regional Standard 04 $ /a ,232- Y-
3C 1EA. 16 x 6 foot high, class 1,
double chain link gates with
barbed wire and extension
posts per San Diego Regional I Standard Drawings M-5 $ C? 7 d , - $ .P)\,-
JI
t u
SCHEDULE C (SUB-TOTAL) $ L525‘9-
TOTAL AMOUNT OF BID FOR SCHEDULES A,B, & C $ ,47-566f/4 ab
Total amount of bid in words: S,’,++-U & hcLGfiJ\J FA,, h,.,nAr,, f s.xtc, 53,-
/a r,< rslN s XJP.P./3 /& e/ h v nc*L-el5
Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in thc
Proposal shall include all taxes, including sales and use taxes,
L& zL/=; I /6
I Addendum (a) No(s). a has/have been received and is/are included ir
this proposal.
The Undersigned has checked carefully all of the above figures and understands that thc
District will not be responsible for any error or omissions of part of the Undersigned ir
making up this bid.
The Undersigned agrees that in case of default in executing the required Contract wit1
necessary bonds and insurance policies within twenty (20) days from the date of award o
Contract by the Board of Directors of the Carlsbad Municipal Water District, the proceed:
of the chec or bond accompanying this bid shall become the property of the District.
8
U
Contractor’s Proposa f4zHA 4110192 REV
2 I f fCP/
I xL
I a The Undersigned Bidder declares, under penalty of perjury, that they are licensed to d
business or act in the capacity of a contractor within the State of California and that the
are validly licensed under license number
which expires on &?- 9-7 . This statement is true and correct and has the leg;
effect of an affidavit.
A bid submitted to the District by a Contractor who is not licensed as a contractor pursua1
to the Business and Professions Code shall be considered nonresponsive and shall b
rejected by the District. 8 7028,15(e). In all contracts where federal funds are involved, n
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordanc
with California law. However, at the time the contract is awarded, the Contractor shall b
properly licensed. Public Contract Code 6 20104.
The Undersigned Bidder hereby represents as follows:
4% /- PI Y/ , classification G -13 P”
I
it
?
I
!I
lo
8
5
I
I su
I ... rF If.
1, That no Board member, officer agent, or employee of the Carlsbad Municipa
Water District is personally interested, directly or indirectly, in this Contraci
or the compensation to be paid hereunder; that no representation, oral or ii
writing, of the Board of Directors, its officers, agents, or employees ha
inducted himher to enter into this Contract, excepting only those containel
in this form of Contract and the papers made a part hereof by its terms; an1
That the bid is made without connection with any person, firm, or corporatioi
making a bid for the same work, and is in all respects fair and withou
collusion of fraud.
2.
Accompanying this proposal is Cash 4 ec-5 Check
(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 whicl
requires every employer to be insured against liability for worker’s compensation or tc
undertake self-insurance in accordance with the provisions of that code, and agrees tc
comply with such provisions before commencing the performance of the work of thi:
Contract and continue to comply until the contract is complete.
.1.
...
.*-
..*
..<
.*.
e.*
... -..
Contractor’s Proposa
4/10/92 REV a
s ' The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic'
2, relative to the general prevailing rate of wages for each craft or type of worker neede
to execute the Contract and agrees to comply with its provisions. Q"
IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: I
I
I
II
1
@4B (1)
-4
.3
t
I
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number) '
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP SIGN HERE: n
!;n!S- n,Ra /=b iW/ e:
Namdmder wdch business is conducted
Signature (given and surname and character of partner) (Note: Signatu1 II (2)
-c (3) Place of Business /U<,S 3, Icuc-/SClcr~. i F /,
(4) Zip Code 32.G &/
(Street and Nmhber)
City and State &-IG d>c CA c/a ~ i
Telephone No. &Id6 7,3 -/e3 js
F6.V 6 73-7&/4
Contractor's Propos;
4/10/92 RET I
11 n
1
I
I
I
I
8
lle
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted R"
(2) Signature
(3) Title
Impress Corporate Seal he1
(3)
(4) Place of Business
Incorporated under the laws of the State of
(Street and Number)
City and State
(5) Zip Code Telephone No.
NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MUST B
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if
corporation; if a partnership, list names of all general partners, and managing partners:
l=-/QC/ /"/
5 FlQp# /I
m
aCA3p.c i "
To.,i, LZG .Fj BL,/'f % .,
II
lt
1
b
II
0
I
Contractor's Propos
4l10192 RE
P
il
1
DESIGNATION OF SUBCONTRACTORS
(TO ACCOMPANY PROPOSAL)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors i
making up hisher bid and that the sub-contractors listed will be used for the work for whic
they bid, subject to the approval of the District Engineer, and in accordance with applicabl
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 thes
subcontractors except upon the prior approval of the District Engineer of the Carlsba
Municipal Water District. The following information is required for each sub-contracto
Additional pages can be attached if required:
Items of Complete Address Phone No.
Work Full Company Name With Zip Code With Area Code
81
t
rl
I
II
I
I
4,
I
II
II
I
I
1
a''
/fyfl//y,
Designation
Subcontractc
4llOP2 RE
P'
I
1
AMOUNT OF SUBCONTRACTORS' BIDS
(TO ACCOMPANY PROPOSAL)
The Bidder is to provide the following information on the sub-bids of all the listel
subcontractors as part of the sealed bid submission, Additional pages can be attached, 1
I P
b required.
Type of State Carlsbad
Contracting Business Amount of Bid
Full Company Name License & No. License No. * I$ or %)
I
1
I
I
non*
1. m
I n
II
II
91
II
P
8
*Licenses are renewable annually. If no valid license, indicate "NONE." Valid license mu
be obtained prior to submission of signed contracts.
Amount
Subcontractor's E
4/10/92 RE
1
l
II
0
tt
1
THIS FORM IS NOT NECESSARY FOR THIS CONTRACT
EOUTPMENT/MATERIAL SOURCE INFORMATION
(TO ACCOMPANY PROPOSAL) II e
The Bidder shall indicate opposite each item of equipment or material listed below, th
name of the one supplier and manufacturer of each item of equipment or material propose
to be furnished under the bid. Awarding of a contract under this bid will not imp1
approval by the District of the manufacturers listed by the Bidder.
U Equipment/Material Manufacturer
1.
I (Manufacturer)
2, 1 (B
I (Manufacturer)
3. It
II
‘II
11
II (Manufacturer)
m
lid’ Equipmenl/Matem
Source Informatlo
4110192 RE\ li
s
I
I1
I
0
8
I
1
Ilo
1 w
a
E
I
A
8
1
BID SECURITY FORM
(Check to Accompany Bid) 4''
(Note: The following form shall be used if check accompanies bid:)
Accompanying this proposal is a *Certified *Cashiers check payable to tl
order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of
s,*y fh e c4 c.Zfi'.qc-Y d -fa A u nfl 1 cay C?Hd ,7k+L?+%/
dollars ($ g, &CA L_ )
this amount being ten percent (10%) of the total amount of the bid. The proceeds of th
check shall become the property of District provided this proposal shall be accepted by th
District through action of its legally constituted contracting authorities and the undersigne
shall fail to execute a contract and furnish the required Performance, Warranty an
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, th
check shall be returned to the undersigned. The proceeds of this check shall also becom
the property of the District if the undersigned shall withdraw his bid within the period (
fifteen (15) days after the date set for the opening thereof, unless otherwise required by la\
and notwithstanding the award of the contract to another bidder.
L,AIA%N% &/7CY* ca 3
yd/ fl 1. /kg&?, k-/ BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on th
following pages shall be executed--the sum of this bond shall be not less than ten percer
(10%) of the total amount of the bid.
Bid Secunty Fon
4/10/92 RE\
r.
1
11
B
1
I
I
I
8
Ilo
I
BIDDER'S BOND
(TO ACCOMPANY PROPOSAL) II;"
KNOW ALL PERSONS BY THESE PRESENTS:
That we,
, as Surety are held and firmly bound unto the CARLSBAJ
MUNICIPAL WATER DISTRICT, in an amount as follows: (must be at least ten percex
(10%) of the bid amount)
, as Principal, and
for which payment, well and truly made, we bind ourselves, our heirs, executors an
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposz
of the above-bounden Principal for:
a
CONTRACT NO. 3900
CONSTRUCTION OF 1992 FENCING PROJECTS
IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 91-110
in the City of Carlsbad, is accepted by the Board of Directors, and if the Principal shall dul
enter into and execute a Contract, including required bonds and insurance policies, withi
twenty (20) days from the date of award of Contract by the Board of Directors of th
Carlsbad Municipal Water District, being duly notified of said award, then this obligatio
shall become null and void; otherwise, it shall be and remain in full force and effect, an
the amount specified herein shall be forfeited to the said District. ...
..I ...
... ... ..- ...
I
I
It
R
... ...
...
...
..* ...
Bidder's Bon
4/10,92 RE\
It'
1
1
In the event Principal executed this bond as an individual, it is agreed that the death c
Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this
m
I" Executed by SURETY this
day of 219 day of 2 19-
PRINCIPAL: SURETY: I
I s
I
w:
Is
I
(Name of Principal) (Name of Surety)
By: By:
(sign here) Signature of Attorney-in-Fact
(print name here) printed name of Attorney-in-Fact
(attach corporate resolution showin
current power of attorney) (title and organization of signatory)
By:
(sign here)
(print name here)
(title of organization of signatory) B (Proper notanal acknowledgment of execution of Principal and Surety must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer sign:
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate sea
empowenng that officer to bind the corporation.) e
I BY:
f'
APPROVED AS TO FORM:
RONALD R. BALL
ACTING GENERAL COUNSEL
a
8
II
I
Deputy General Counsel
Bidder's Bonc
4IlOP2 REV
1
t
I
Lo
4
I
I
I
hB
I
I
II a
I
g
IE
I
1
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(TO ACCOMPANY PROPOSAL) 4''
Bidder submits herewith a statement of financial responsibility:
12 bfih \1 I an - GCChAE3 op ,Vi /P, 7467 I?
3g?* om A,& JCA LC LC, (a?kc c: _- ym,
I
/
zg"*/ (--5YTa /-.A / YGUC,, u7 Gj ,4 c.4 7kAfiT.j-A //
3? i, ii/ BG
a, !?,! YOQ ,/uGb% [ (52 / 632-74 -5 y5Ye,7< f.,.nk 3
2 &YhGcm /fJflu(4 1 (-4 14- /"x kL5k\ &7?%??
AiA k. /<& coo r) Ca,,s,L ,'A
nqcns,u \ \.PA M oh3 tTrk7,yyA ~ C90C~-
f- 1 /I' 1 ,/ JCAtr* / 7" tP6! ill one: Cs,ni+p/
(7
-7 I-- /
*\ $ l
I r-J
hV,P<C id cr-, c, :,A 7%) Siyp I *e!-- \ "/, 700 -
Bidder's Statement (
Financial Responsibili
41 10192 RE'
r.
I
T!& PILIl
s?!!-s=z . s- JULIE R.DHINGU -- =?z=?cd
wm? PIm WBUc ACWJTAm
. __ - __*x __ I..
- . .-_ __ . . . - ______ ___” __ ___ ~ ____ __ ___ . ___
i I
TQ the Partners Lightning Fence eo.
San Diega, California
X have compiled the accsnpanying balance sheet; AI? Ligkt~nnp Fence
Co. (a partnership) ab 02 June 30, 1992 atad the reheed Skat@meIl+23 Of L~~OIQ~ and Cash flows for &he Welvfb month periad ended June 30, 1992 in accordance with staadardiba sstablnshed by the American Institute or certified Pubfie pgcceuntaata.
A compilation is limited Po pr~sentirag in the $om ~f financjal statements infomatian that is the pq3rasentatfvc esf the owner9. 1 have not artditcd or p~~hewed tkle accompanying Ifnslokdal statements and, accordingly, do not sxgreas an opinian OP any other fom of assurance on them,
I
i
!
I
I
P,
!
I
1
1
!!
e
a
q
b
ic Accountant
November 16, 3.992
P
16776 Bemado Cenmr Dr., $uiie 209 IC Saam Diego, GA 92128 (big) ~~~-QQZO
l,
LIGHT!&XNG FENCE co. Balance Sheet' fls a€ Jma 30, 1992
i
Ascots F
I
1
1 Total Assets
8 Liabilities & Equity
I ~~rrent Assets Cash In Bank - Grossmont Bank $ 3,493-26
cash In BAT& Svgs #9220
Account ~~ce fvabbe
9.71 5,237 -42, 144.59 73,360,71 75 r 907.30
Cash In Bank - SW% #1529 cash Tfi Bank - SV~S W9620 Cash Ira. Bank - Scrippa
158,152 $ B Total Currant Assets
567 66
Fixed Asaiets Furniture k Fi%tUPT&S Accum. Dep'n - FUR. ti Fix%
ACCum. Dep'n - Equip.
-114 .%IO
-Q,3 86 a 00
Equipment 59 q 067.64
AuCamoktiZes 113,234.63 ACCU~ D@p'n - Automobiles 49,344.c30
64 i 02.'
#I $
Tatal Fixed Assets
3 222,r7
mU===3~====.c=a
Eiabil. ith!, Loan Payable - Ford Flatbed 1,978.76
7,465*83
Loan Payable - Jiasg Cherokee ?I115t3.8f Payroll Taxes gayab e 227.94 Lcan Payable - Chey Van
12,8 $ '1 Total Liabilities
Partrlersbig c 5 Equity Partner ' IS, Drawing -616,889.82 Partnerfs, Capit-al 63,796.00
Net Profit 264,747.09 Retained Earnings 497,697.93
209, r $
$.
8 Total Partnership's Eqyiry
I!
Total Liabilities & ~~iq 222,:
=az.==m~~=g=3z
SEE ACCOTJllTWT'S CDMPLL,ATIC)bl RJ?,ptXT t
tl
1
1
B
II
II
I
8
II
I
A.
II
P
I
1
I
lB
I
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(TO ACCOMPANY PROPOSAL)
The Bidder’s is required to state what work of a similar character to that included in th
proposed Contract he/she has successfully performed and give references, with telephon
numbers, which will enable the District to judge hisher responsibility, experience and ski1
An attachment can be used.
It’
a
Bidder’s Statement
Technical Ab1
and Expener
4/lO/s2 RE
P
1
U
1
c
I
I
#
I
lo
!I
I
io
0
1
u
NON-COLLUSION AFFIDAVIT
(TO ACCOMPANY PROPOSAL)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
t’
1 The Bidder shall fill in the three blank lines below with:
1,
2,
3.
The name(s) of the person(s) signing this bid on behalf of the Bidder.
The title(s) of the person(s) signing this bid in relation to the Bidder.
The legal name of the Bidder.
State of California )
County of 1 ) ss.
being first duly swori
deposes and says that he or she is
m
making the foregoing bid that the bid is not made in the interest of, or on behalf of, ar
undisclosed person, partnership, company, association, organization, or corporation; that tf
bid is genuine and not collusive or sham; that the bidder has not directly or indirect
induced or solicited any other bidder to put in a false or sham bid, and has not directly (
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put,
a sham bid, or that anyone shall refrain from bidding; that the bidder has not in a1
manner, directly or indirectly, sought by agreement, communication, or conference wir
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profi
or cost element of the bid price, or of that of any other bidder, or to secure any advantai
against the public body awarding the contract or anyone interested in the proposed contrac
that all statements contained in the bid are true; and further, that the bidder has nc
Non-Collusion Affida?
4/10/92 RE
m
It’
1
directly or indirectly, submitted his or her bid price or any breakdown thereof, or th
contents thereof, or divulged information or data relative thereto, or paid, or will not pa!
any fee to any corporation, partnership, company association, organization, bid depositor]
or to any member or agent thereof to effectuate a collusive or sham bid.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the righ
power, legal capacity and authority to enter into and declare under penalty of perjury th;
the foregoing is true and correct, and that this affidavit was executed on behalf of th
Bidder, and haye set their names, titles, and signatures hereon, thisxday of d[lly
1
U
1
B
ll
I
I
1.
e
ai
e'
at LG & i:/&pCounty, in the State of f7(A ..// 6,) ,P,"fl/& J
PROJECT: 1992 FENCING PROJECTS - CMWD PROJECT NO. 91-110
BIDDER:
Signatures must be made, and Notary Acknowledgements of execution of Bidder must E II attached,
To be submitted as part of the Bid Documents.
I declare under penalty of perury that
affidavit was executed on the I day o
correct and that th b 1
, Subscribed and sworn to before me on the day of 9 192 4- 0 (NOTARY SEAL)
I Signature of Notary
II 1 p : t Non-Collusion Affida
4/10/92 RE 1
(Single Form)
Effective 1 / 1 / 9 1
COUNTY OF
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are 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(s), or the
entity upon behalf of which the person(s) acted, executed the instrum
TVITNESS my han nd official seal.
Signature , J I*.. A<?& -7j7v32/// #./I
1- i/ k7 p./7 729 4 1, ,R4 &y>Q Name ~
(typkior printed) /
(This area for official notarial seal) i, FTG-3197
21
'I
ll CONTRACT - PUBLIC WORKS
This agreement is made thisx%ay of ,dkhdb , 19L9y and between the Carlsba
Municipal Water District of Carlsbad, /California, a municipal corporation, (hereinafte called "District"), and Lightning Fence Co. whos
principal place of business is 14352 Blue Saqe Rd, Poway CA 92064
P
l
ll
II
8
I
I
I
II
8
I
II (hereinafter called "Contractor".)
District and Contractor agree as follows:
1. DescriDtion of Work. Contractor shall perform all work specified in the Contra(
Documents for:
CONSTRUCTION OF 1992 FENCING PROJECTS
IN THE CITY OF CARLSBAD
CWMD PROJECT NO. 91-110
(hereinafter called "project".)
Provisions of Labor and Materials. Contractor shall provide all labor, material
tools, equipment, and personnel to perform the work specified by the Contra(
Documents.
Contrxt Documents. The Contract Documents consist of this Contract, Notic
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractor
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusic
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, tf
Special Provisions, and all proper amendments and changes made thereto ;
accordance with this Contract or the Plans and Specifications, and all bonds for tf
project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors and materials suppliers shall provide and instz
the work as indicated, specified, and implied by the Contract Documents. Any iten
of work not indicated or specified, but which are essential to the completion of tl.
work, shall be provided at the Contractor's expense to fulfill the intent of sa
documents. In all instances through the life of the Contract, the District will be tl:
interpreter of the intent of the Contract Documents, and the District's decisic
relative to said intent will be final and binding. Failure of the Contractor to appri,
subcontractors and materials suppliers of this condition of the Contract will n
to 2,
3.
m
I relieve responsibility of compliance.
Contract - Public Woi
4/10j92 RE
P
e
I
I
II
I
II
l
I
II
hD
11
8
ICT
I
2.
Payment. For all compensation for Contractor’s performance of work under thi
Contract, District shall make payment to the Contractor per Section 9-3 of thc
Standard Specifications for Public Works Construction (SSPWC) 1991 Edition, anc
the latest supplement, hereinafter designated “SSPWC”, as issued by the Souther]
California Chapter of the American Public Works Association and as amended b.
the special provisions section of this contract. The closure date for each month1
invoice will be the 30th of each month. Invoices from the Contractor shall bc
submitted according to the required District format to the District’s assigned projec
manager no later that the 5th day of each month. Payments will be delayed i
invoices are received after the 5th of each month. The final retention amount shal
not be released until the expiration of thirty-five (35) days following the recording
of the Notice of Completion pursuant to California Civil Code Section 3184.
Independent Investigation. Contractor has made an independent investigation of thl
jobsite, the soil conditions at the jobsite, and all other conditions that might affec
the progress of the work, and is aware of those conditions. The Contract pric
includes payment for all work that may be done by Contractor, whether anticipate
or not, in order to overcome underground conditions. Any information that ma
have been furnished to Contractor by District about underground conditions or othc
job conditions is for Contractor’s convenience only, and District does not warrar
that the conditions are as thus indicated. Contractor is satisfied with a11 jo
conditions, including underground conditions and has not relied on informatio
furnished by District.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsibl
for all loss or damage arising out of the nature of the work or from the action of th
elements or from any unforeseen difficulties which may arise or be encountered i
the prosecution of the work until its acceptance by the District, Contractor shall als
be responsible for expenses incurred in the suspension for discontinuance of th
work. However, Contractor shall not be responsible for reasonable delays in th
completion of the work caused by acts of God, stormy weather, extra work, c
matters which the specifications expressly stipulate will be borne by District.
4. P
5.
6.
7. Cal OSHA Permits. Contractor will obtain permits from Cal OSHA if require
including but not limited to, permits for excavations over four feet deep. ll
8. Hazardous Waste or Other Unusual Conditions. If the contract involves diggii
trenches or other excavations that extend deeper than four feet below the surfac
Contractor shall promptly, and before the following conditions are disturbed, noti
District, in writing, of any:
A.
4
Material that Contractor believes may be material that is hazardous waste,
defined in Section 25117 of the Health and Safety Code, that is required
be removed to a Class I, Class 11, or Class I11 disposal site in accordance wi
m
P Contract - Public Woi
4/10/92 RE I
2
a
1
1
II
8
B
b
II
Q
0
1
ll
I
I
1
provisions of existing law.
Subsurface or latent physical conditions at the site differing from thos
indicated.
Unknown physical conditions at the site of any unusual nature, differer
materially from those ordinarily encountered and generally recognized a
inherent in work of the character provided for in the contract.
B. 1y
C.
District 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 c
increase in contractor’s costs of, or the time required for, performance of any pal
of the work shall issue a change order under the procedures described in th:
con tract.
In the event that a dispute arises between District and Contractor whether tl
conditions materially differ, or involve hazardous waste, or cause a decrease (
increase in the Contractor’s cost of, or time required for, performance of any pa
of the work, Contractor shall not be excused from any scheduled completion da.
provided for by the contract, but shall proceed with all work to be performed undc
the contract. Contractor shall retain any and all rights provided either by contra
or by law which pertain to the resolution of disputes and protest between tl
contracting parties.
Change Orders. District may, without affecting the validity of the Contract, ordc
changes, modifications and extra work by issuance of written change order
Contractor shall make no change in the work without the issuance of a writtc
change order, and Contractor shall not be entitled to compensation for any ext:
work performed unless the District has issued a written change order designating
advance the amount of additional compensation to be paid for the work. If a chanj
order deletes any work, the Contract price shall be reduced by a fair and reasonab
amount. If the parties are unable to agree on the amount of reduction, the WOI
shall nevertheless proceed and the amount shall be determined by litigation. T
only person authorized to order changes or extra work is the Project Manager. T
written change order must be executed by the Executive Manager or the Board
Directors, as allowed by law and according to the latest procedures adopted
resolution of the board.
Immigration Reform and Control Act. Contractor certifies he is aware of t
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectio
1101-1525) and has complied and will comply with these requirements, including, b
not limited to, verifying the eligibility for employment of all agents, employec
subcontractors, and consultants that are included in this Contract.
e
9.
4B
10. -
Contract - Public Wo
4/10/92 RE
r
2
1
I
I
4
I
I u
1
lo
II
I
1
il
II
I
1
11. Prevailing Wage. Pursuant to the California Labor Code, the director of th
Department of Industrial Relations has determined the general prevailing rate of pe
diem wages in accordance with California Labor Code, Section 1773 and a copy c
a schedule of said general prevailing wage rates is on file in the office of th
Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Californi
Labor Code Section 1775, Contractor and all subcontractors shall pay prevailin
wages. Contractor shall post copies of all applicable prevailing wages on the job sit(
For this contract, eight hours shall constitute a legal day’s work. Work beyond eig€
hours shall be paid at a rate not less than one and one half times the prevailin
rates. Wage rates for Sundays and holidays shall be paid at a rate not less than tw
times the prevailing rates. The holidays upon which such rates shall be paid shall b
all holidays recognized in the collective bargaining agreement applicable to th
particular craft, classification or type of workers employed on the projects.
Indemnification. Contractor shall assume the defense of, pay all expenses of defensc
and indemnify and hold harmless the District, and its officers and employees, fro1
all claims, lawsuits or judgements for any loss, damage, injury and liability of eve1
kind, nature and description, directly or indirectly arising from or in connection wit
the performance of the Contractor or work; or from any failure or alleged failure (
Contractor to comply with any applicable law, rules or regulations including tho:
relating to safety and health; except for loss or damage which was caused solely t
the active negligence of the District; and from any and all claims, loss, damage
injury and liability, howsoever the same may be caused, resulting directly or indirect
from the nature of the work covered by the Contract, unless the loss or damage w:
caused solely be the active negligence of the District. The expenses of defen:
include all costs and expenses including attorneys fees for litigation, arbitration, (
other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contra
insurance against claims for injuries to persons or damage to property which m:
arise from or in connection with the performance of the work hereunder by tf
Contractor, his agents, representatives, employees or subcontractors. Said insuranc
shall meet the District’s policy for insurance as stated in Resolution No. 772.
(A)
- P’
12.
13.
COVERAGES AND LIMITS - Contractor shall maintain the types
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily injury ax
property damage. If the policy has an aggregate limit, a separa
aggregate in the amounts specified shall be established for the risks f
which the District or its agents, officers or employees are addition
insureds.
Contract - Public WOI
4/10/92 RE
P m
21
u
E
II
II
1
II
II
1
II.
I
II
ll
I
II
I
I
2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury an1
property damage. In addition, the auto policy must cover any vehicl
used in the performance of the contract, whether used onsite or offsitc
whether owned, nonowned or hired, and whether scheduled or non
scheduled. The auto insurance certificate must state the coverage j
for "any auto" and cannot be limited in any manner.
Workers' Compensation and Employers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code of th
State of California and Employers' Liability limits of $1,000,000 pe
incident. Worker's compensation offered by the State Compensatio
Insurance Fund is acceptable to the District.
P'
3.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies (
insurance required under this agreement contain, or are endorsed to contaii
the following provisions. General Liability and Automobile Liabilil
Coverages:
1. The District, its officials, employees and volunteers are to be covere
as additional insureds as respects: liability arising out of activitit
performed by or on behalf of the Contractor; products and complete
operations of the contractor; premises owned, leased, hired (
borrowed by the contractor. The coverage shall contain no speci<
limitations on the scope of protection afforded to the District, i
officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance i
respects the District, its officials, employees and volunteers. Ax
insurance or self-insurance maintained by the District, its official
employees or volunteers shall be in excess of the contractor's insuranc
and shall not contribute with it.
Any failure to comply with reporting provisions of the policies sh:
not affect coverage provided to the District, its officials, employees 1
volunteers.
Coverage shall state that the contractor's insurance shall apF
separately to each insured against whom claim is made or suit
brought, except with respect to the limits of the insurer's liability.
2.
3.
4.
(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.
Contract - Public Wo
4i10P2 RE
1.
m
I
I
II
I
I
1
1
1
I).
ll u
I
II
II
I
I
1
2
NOTICE OF CANCELLATION - Each insurance policy required by thl
agreement shall be endorsed to state that coverage shall not be suspendec
voided, canceled, or reduced in coverage or limits except after thirty (3C
days’ prior written notice has been given to the Ristrict by certified mai
return receipt requested.
(D) P’
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS
Any deductibles or self-insured retention levels must be declared to an
approved by the District. At the option of the District, either: The insure
shall reduce or eliminate such deductibles or self-insured retention levels a
respects the District, its officials and employees; or the contractor sha
procure a bond guaranteeing payment of losses and related investigatioi
claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required undc
this agreement shall contain a waiver of rights of subrogation the insurer ma
have or may acquire against the District or any of its officials or employee
SUBCONTRACTORS - Contractor shall include all subcontractors i
insureds under its policies or shall furnish separate certificates an
endorsements for each subcontractor. Coverages for subcontractors shall b
subject to all of the requirements stated herein.
ACCEPTABILITY OF INSURERS ~ Insurance is to be placed with insure
that have a rating in Best’s Key Rating Guide of at least A-:V, and ai
authorized to do business within the State of California and are included j
the official publication of the Department of Insurance of the State (
California as allowed under the standards specified by the Board of Directo
in Resolution No. 772.
VERIFICATION OF COVERAGE - Contractor shall furnish the Distrij
with certificates of insurance and original endorsements affecting coverag
required by this clause. The certificates and endorsements for each insuranc
policy are to be signed by a person authorized by that insurer to bir
coverage on its behalf. The certificates and endorsements are to be in forn
approved by the District and are to be received and approved by the Distri
before work commences.
COST OF INSURANCE - The Cost of all insurance required under th
agreement shall be included in the Contractor’s bid.
(F)
(G)
(H)
(I)
(J)
14. Claims and Lawsuits. All claims shall comply with the Government Tort Claims A
(Section 900 et seq of the California Government Code) for any claim or cause 1
action for money or damages prior to filing any lawsuit for breach of this agreemer
All claims by Contractor for $375,000 or less shall be resolved in accordance with tl
provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1
Contract - Public Wor
4/10/92 RE
d’
II
2t t (commencing with Section 20104) which are incorporated by reference.
Maintenance of Records. Contractor shall maintain and make available at no cos
to the District, 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 not maintaii
the records at Contractor’s principal place of business as specified above, Contract0
shall so inform the District by certified letter accompanying the return of thi
Contract. Contractor shall notify the District by certified mail of any change o
address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit1
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier’s check, or certified check may bc
substituted for any monies withheld by the District to secure performance of thi
contract for any obligation established by this contract. Any other security that i
mutually agreed to by the Contractor and the District may be substituted for monie
withheld to ensure performance under this Contract.
Affirmative Action. The Carlsbad Municipal Water District is an equal opportunit
employer.
15. I?’
11
II u
I
I
9
I
ll
I
;1
I
I
16.
1’7.
B
18.
..- ... 4, ..e ...
..-
..* ...
.I. ... ... ... ... ... ...
...
..‘
..f ... ..,
n
P’
...
...
.o. ...
,f
...
Contract - Public Work
4110192 RE\
I
I
11
II
I
I
4,
II
H Cx / /bL&
ll
II u
U
1
1
2
Provisions Required bv Law Deemed Inserted. Each and every provision of law ani
clause required by law to be inserted in this Contract shall be deemed to be inserte
herein and included herein, and if, through mistake or otherwise, any such provisio
is not inserted, or is not correctly inserted, then upon application of either party, th
Contract shall forthwith be physically amended to make such insertion or correctior
19. P
n
LawhIZNJ- f&f/& d
NOTARIAL ACKNOWLEDGMENT OF Con tractor
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
(CORPORATE SEAL)
-q * FLO -. Print Name of Signatory
F &TU tC,& II APPROVED TO AS TO FORM: Title
RONALD R. BALL
Acting General Counsel
By:
Print Name of Signatory
Signature of Signatory
Y
Deputy General Counsel Title
D MUNICIPA
Board of Directors
ATTEST:
ALETHA L. RA-
Secretary
Li!.GcL A-
Contract - Public WOI
4/1Oj92 RE
P’
(Single Form)
Effective 1/1/91
STATE OF CALIFORNIA
COUNTY OF
before me, the undersigned, a Notary Public in and for said State, 2' personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are 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(s), or the
entity upon behalf of which the person(s) acted, executed the instrume
f&yped or printed)
FTG-3197 (This area for official notarial seal)
Bond: #3SM 776 868 00
Premium: Included with tl
Performance Boui
0 UROR AND hIATERIALS BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, State
California, by Resolution No. ai 4 , adopted Septe,gber 15.- 1992 9
awarded to Liqhtninq fence Company (hereinafter designa
as the "Principal"), a Contract for:
CONSTRUCTXON OF 1992 FENCING PROJECTS IN THE CITY OF CARLSBAI CMVYD PROJECT NO. 91-110
in the Carlsbad Municipal Water District, in strict conformity with the drawings
s-pifications, and ether Co~trazt Dorume~ts EQUJ or- file, in the Office of the Secretar
tkekarlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of wt
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the te
thereof require the furnishing of a bond, providing that if Principal or any of t
subcontractors shall fail to pay for any materials, provisions, provender or other supplie
teams used in, upon or about the performance of the work agreed to be done, or for
work or labor done there of any kind, the Surety on this bond will pay the same to
extent hereinafter set forth.
NOW, THEREFORE, WE, sv --
0
Priticipal (hereinafter designated as the "Contractor"), and , American Motorists Ins1
as Surety, are held firmly bound unto the Carlsbad Municipal Water Dis
in the sum of
), said sum being fifty percent (50%) of
estimated amount payable by the Carlsbad Municipal Water District under the terms of
Contract, far which payment wefl and truly to be made we bind ourselves, our h
executors and administrators, successors, or assigns, jointly and severally, firmly by tl
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his
subcontractors fail to pay for any materials, provision, provender, supplies, or teams I
in. upon, for, or about the performance of the work contracted to be done, or for any o
work or labor thereon of any kind, or for amounts due under the Unemployment Insur:
Code with respect to such work or labor, or for any amounts due under the finemplop
Insurance Code with respect to such work or labor, or for any amounts required t(
deducted, withheld, and paid over to the Employment Development Department from
wages of employees of the contractor and subcontractors pursuant to Section 13020 oi
Unemployment Insurance Code with respect to such work and labor that the Surety will
for the same, not to exceed the sum specified in the bond, and, also, in case suit is bra
upon the bond. costs and reasonable expenses and fees, including reasonable attorney's i
to be fixed by the court, ar required by the provisions of Section 3248 of the California {
Code.
Company
--------- Dollars ($ 30.283.08
----- thirty thousand two hundred eiahtv - wee andtiinn
41
Labor and Materials
4/10/92 1
This bond shall inure to the benefit of any and all persons, companies and corporatic
entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commenc
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any SI
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this :t,
day of ,,B .4 / ,19-- September , 1922
CONTRACTOR: SURETY:
ab
Executed by SURETY this 28th da)
e"
Lightning Fence Company American Motorists Insurance Coml
(sign here)
{'; p x7 / - r* -- -- )I
4
L/( -.# L- Y i 1 3 kL s< !>' Doug Lane
(print name here) Printed name of Attorney-in-Fact
(attach corporate resolution show
current power of attorney)
ax - +g-o ,--e Ti ~
(title and organization of signatory)
$ d ..,* -J /Ki. %-A. __
ab I By:
(sign here)
I . (print name here)
r,
'6
t (title and organization of signatory)
4 !Proper floi~rin! acknowledge of execz!ic:i by C~NTRit.~.TOR 2nd SrJRETy must be attaciled.)
(Prcsldent or vice-president and secretary or wxtaiit secrctary must sigii for corporailoiu. IC only one nfficcr SI
the corporatloll must attach ;I resolutioii certified by the sccretaq or assistarit wcretary urlder coTorate
tmpowenng that slficer to biiid thc cotpotatlon.)
APPROVED AS TO FORM: RONALD R. BALL,
Acting General Counsel
By: I 9. /L-
Deputy General Counsel 4)
Labor ~il Materials I3
4/10/92 RI
STATE OF CALIPORNLA ) corn OF LOS ANGELES) 83-
Bond: #3SN 776 868 0 WARRANTY BOND. Premium: Included wi
Perf onnance
We, Lightninq Fence Company 3
PRINCIPAL, AND American Motorists Insurance Company
as SURETY, jointly and severally bind ourselves, our heirs, representatives, SUCCeSSorS~ a
assigns, as set forth herein, to the CARLSBAD MUNICIPAL WATER DISTRI(
rereinafter called DISTRICT), for payment of the penal sum of thirty thousand t ), lawful mor
of the United States. Obligees and Principal have entered into a Contract for:
0
undred eighty-three 6 eight /100---- Dollars ($ 30,283* 08
CONSTRUCTION OF 1992 FENCING PROJECTS IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 91.110
NO.#, TriE”nEFC)RE, ihe condiiion oi this ouiigation is such that, ii the above bou
principal shall remedy without cost to said CARLSBAD MUNICTPAL WATER DISTRI‘
any defects which may develop during a period of one (1) year from the date of complet
and acceptance of the work performed under said contract provided such defects are cau!
by defective or inferior materials or workmanship, then this obligation shall be vc
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the amount specified abo
there shall be included costs and reasonable expenses and fees, including reasona
attorneys’ fees, incurred by the District in successfully enforcing this obligation, all to
taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or addit
tu the terms of the agreement or to the work to be performed thereunder, or
speclfications accompanying the same, shall in any way affect its obligations on this bo
and it does IlerebY waive notice Of any such change, extension of time, ajteratlon or addit
to the terms of the agreement or to the work or to the specifications.
Executed on September 28th
ab
v
,
‘- --, Authorized Representative of Surety
American Motorists Insurance camp
A (Seal of Corporation) Ti tk : Doug Lane/At tomey-in-fact
(Attach acknow1edtFment of Authorized Representative of Principal and Surety) 4)
Wdrrarity 130
4/lOA2 RE
$1
APPROVED AS TO FORAM:
Acting General Counsel
By; t u
a RONALD R+ BALL
R4M
~eputy General Counsel
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) 8s.
e
e
Warranty E
3/10/92 R
. .* I AMERICAN MOTORISTS INSURANCE COMPANY
POWER OF ATTORNEY Know All Men By These Presents:
Home Office: Long Grove, IL 60049
at the American Motorists Insurance Company, a corporation organized and existing under the laws of the
llinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Doug Lane of Orange, California-
1'
its true and lawful agent(s1 and attorney(s)-in-fact, to make, execute, seal, and deliver during the perio
beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked for i
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings rovided the amount of no one bond or undertakin THOUSAND DOLLARS ($500,000.08) p
exceexs FIVE HUNDRED
E:KCEPTIQN: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarai
p:ayment or collection of any promissory note, check, draft or letter of credit.
This euthori%y does not pe~pcrit the same obiigaticn -kc be split into two or more bonds in order Co bring ea1
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the si American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had bet
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinoia
TIYIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the E
D.Lrectors of said American Motorists Insurance Company on February 23, 1988 at Long Grove? Illinois, a
ti-ue and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secr Q OTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designate
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents
a%torneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Cc
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in tf
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the followins
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly ci
hold on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appoin
dasignated iviting and filed with the Secretary, and the signature of the Secretary, the seal of the Com
cortifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed purs
rtasolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such p
e)+uted, sealed and certified wiah respect to any bond or undertaking to which it is attached, shall conti
ing in full force and effect:
Ailid and binding upon tAu Company."
1st Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and
corporate seal to be affixed by its authorized officers, this 03 day of .June , 1991 .
Attested and Certified: AUERICAN flOTORISTS INSURAh .$,.*;;?.5 \! i6-C): /47+/&* 0 ,I**. h: 'xpv
F.C.McCullough, Secretary by J.S.Kemp&,III,Senior Vice
0
(OVER)
STATE OF ILLINOIS ss
COUNTY OF LAKE
1, Grace E. Condon, a Notary Public, do hereby certify that J. So Kemper, XI1 and B, C. %aGCullough personal to me %c br the same persona whose names are respectively as Senior Mice President and Secrlietary of tho Aar
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the ferrgoing instrumen4
appeared before me this day in person and severally acknowledged that they being thereunko duly authorized
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said cor6
and as their own free and voluntary act for the uses and purposes therein set forth.
BP~~CS E. Cdn, No4 AkAAAAAAAAALAA 4 "OFFICIAL SEAL" p 4 Grace E. Condon b 1 ~otaq~ Public, State of Illinois b 4 ~y bmmisrion Expues 5/14194 b ~~w~vvvvvvIv%
My commission expires: 5-14-94
CEXTIFICATION
Ig N. J. Zarada, Secretary ob the American Motorists Insurance Company, do hereby certify that the attachec
0% Attorney dated June Yp 1991 on behalf of the personts) as listed on the reverse side
true and correct COPY and that the same has been in full force and effect since the date thereof and is in
force and effect on the date of this certificate; and I do further certify that the said 9, S, Kemper, I11
HcCullough who executed the Power of Attorney as Senior Vice President and Secsetary respectively we~e ~n
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on Phis - day ob l9 3; 28 fh
3322 #.J.Zerada, Sec
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically IT therein, and they Rave no authority to bind the Company except in the manner and to the extent herein stat
Ft4 636-5 5-90 lt4 PRINTED IN U.S Power of Attorney - Term
STATE QF ILLINOIS sS
ClDUPlTY OF LAKE
X9 Grace E. Condon, a Notary Public, do hereby certify that J. S, Kernper, I11 and F, 6. Mdullough personal
to me %B be the same persons whose names are respectively as Senior Vice President and Secretary of the Arne
Wotorists Insurance Company, a Corporation OF the State of Illinois, subscribed to the foregoing ins%rslsnent
aweared before me this day in person and severally acknowledged that thely being thereunto duly authorized
sealed with the corporate seal and delivered the said insarumant as the free and voluntary act ob said Gorp
and as their QW~ free and voluntary act for ithe uses and purposes therein) set forth.
A- F
My Commission expires: 5-14-94 AArAA A A A LA A AAA 4 "OFFICIAL SEAL" b 4 Grace E. Coneton b Q Notary Publie. State of ihols b My Commission Expuer 5/14\94 )
Grscm E. Condon, NoQg
'*., wv " 'I " v -v v v -v v
CERTIFICATION
IP N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached
sf Attorney dated Sun0 3, 1991 on behalf of the personfs) as listed on the reverse side true and correct copy and that the same has been in full force and effect since the date thereof and is in
force and effect on the date ob this certificate; and I do further certify that the said 9. S. Kernper> I11 s
HoCullough who executed the Bower ob Attorney as Senior Vice President and Secretary respectively were GII QI
of the execution of the attached Bower of Attorney the duly elected Senior Vice President and Secretary of
Alixerican Motorists Insurance Company.
X)d TESKIMONY WHEREOF, I have hereunto subscribed my name and affixed the corpora%e seal of the American
Motorists Insurance Company on this 28 f.h day of n& 19 3. 1
*2+;:e:>.L 0 ;4 *.\ Illl)i :*:>
'S. .. 6 .' ,i.J.S_arada9 Serrc
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically nan therein, and they Rave no authority to bind the Company except in the manner and to the extent herein statec
FW 836-5 5-90 1M PRINTED IN U.S.A Power of AQtorney - Term
I 11126 SAUNDERS COURT
SAN DIEGO, CA 92137
COMPA\Y a LETTER W,
COvIDA\" -
dl KTTACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF
POLICY NUMBER
(STANDARD TIME)
MO. DAY YR. 1201 NOON INSURED AGENCY ANC
A.M.
%GLS 493437 10 22 92 X LIGHTNING FENCE 040028
MH]
.. 0 a
CITY OF CARLSBAD SURPLUS LINE BROKER AFFIDAVIT a
Broker Name: Tom Thommon 1ns-r" Inr
Address: 8888 Clairemont Mesa Blvd., Suite M
City/S tate/Zip: - 5an niwA. 47171
1,
Date: 10-2 9- 92
Project Name:
Type of Insurance:
I certify that TOA" gency, ThompSon nc. Insurance is the Broker of Record for Liahtniw
("Contractor") who is required to provide insurance under the specif'
of the above contract. I further certify that as Broker of Record for Contractor, I have co
the insurance companies listed below, all of whom meet the City's requiremen6 incl Resolution No. 9 1-403 and ail of whom have refused to write the required policy du
type of risk involved.
-
g1-110 Construction of Fencina Proiects
Comprehensive General Liability -
Company
/-
Insurance Carrier: - rn
Name of Contact: Bryan Lewis
Address: p.0. BOX 5055, Costa Mesa, CA 92625-5055
0
-- Date:
Reason for Refusat: ky FW qpmpn'tll nnt,
Best's Ratkg A XI1 XM@l by State Insurance 3es
accep ta h Admitted
Commissioner (Yes/No)
Insurance Carrier: Allied Mutual Ins. CO.
Gindj Bruton Name of Contact:
Address; P.O. Box 849, Santa R0s.a. CA 95u7
Date:
Reason for Refusal:
Best's Rating / A Vlll i$t&%;' Stare insurance yes
10-21 -92
my of Cqrls br( IIP-r\r Fn- ccep ta I I
Commissioner (Yes/No)
0
..............................................................................
--... -n,?cI r> . I 0 b
a 0
Insurance Carrier:
Name of Contact: Elena Change
Hartford Accident E imitv (70.
Address: p.0. BOX 4916, Diamond Bar. CA 91765
Date: 10-2 1-92
ReasQn for Refusal:
e
*
-any dwc nnt in-E
Admitted
Commissioner (Yes/No)
Best's Rating A+ XV X%k#i by State Insurance vps
I Contractor is requesting that the City accept Scottsdale I ndew company who is a suq
line carrier having an A-:V or better rating in the most recent issue of Best's Rating Guide
who has an office within the State of Califonria at the following address in order to effect seI
' of process.
Name of Surplus Line Carrier: Scottsdale Indemnity Co.
Address:
City/State/zip: Columbus, OH 43716
Address to effect Service of Process Within the Slate of California.
Name:
Address: P.O. Box 2158 ,
City/State/Zip: Riverside, CA 92516-2158
One Nationwide Plaza
-
Vulcan Excess & SurDlus Ins. Service
0
I certify under true and correct. -
Dated:
Signed:
Tom Thompson Jr., CPUC, CIC
0
...........................................................................................
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
POLICIES BELOW. 4 lrom Thompson Insurance Agency, Inc- DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOF 0. Box 710100 --l_lI-I - ---_- _-_ I-_ ----,_ "___.___"_- _i- -_ -------- ~
?kn Diego, CA 92171-0100 COMPANIES AFFORDING COVERAGE
COMPANY LETTER A American States Ins.
COMPANY B LETTER
COMPANY LETTER c
INSURED
Robert F I ud
Lightning Fence
J 11 126 Saunders Court
!;an Diego, CA 92137
COMPANY D LETTER
COMPANY LETTER E
I
I
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
d CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS 1 LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
-- - . --- =-- - 1.- __--= - - .__ --~-. _-.__ _.-__ c__ ----
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $
CLAIMS MADE OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
one person) $
$
- I - - -- - -- --E==- e --a_-l-- -----.- -
AUTOMOBILE LIABILITY
1 LIMIT ANY AUTO 01-CC-906411-1 10121 192 10121 193
$ ALL OWNED AUTOS BODILY INJURY
!ID x
(Per person) 1 - SCHEDULED AUTOS
I
$ - X HIRED AUTOS BOD!LY INJURY
(Per accident) X NON-OWNED AUTOS
GARAGE LIABILITY PROPERTY DAMAGE $
___ - __ --- - __ - __.__ __-- __ - - - - -- .--L __I______= L ---.-
EXCESS LIABILITY EACH OCCURRENCE $
$ AGGREGATE UMBRELLA FORM
0
WORKER'S COM
AND
EMPLOYERS' LIABILITY
- _-_--- - - ~
1 EACH ACCIDENT $
1 DISEASE-POLICY LIMIT $
' -------- c___ --I----- -1
1 DISEASE-EACH EMPLOYEE $ ----- ------ ~ -- ~~ -
I OTHER
I
~ -- --- ----- _.-_------i--_ --
DESCRIPTION OF OPERATlONSlLOCAT EMS Job: CMWD Project
City of Carlsbad.
act #3900 - Construction of 1992 Fencing Projects i
The certificate holder is added as additional insured
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
~~~%K~~ KX@rnrnF ~-~--~-~" .----- .-
Enqorsement effective 11-19-92
Named Insured
ROBERT & JAMES FLUD Countersigned by
(D
Schedule
Name of Person or Organization: CITY OF CARLSBAD
Address: PURCHAS I NG DEPT .
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
r Premium: $ 94
COVERAGES .................................
L I AB I L I TY
UNINSURED MOTORISTS
AUTO MEDICAL PAYMENTS
COMPREHENSIVE EACH COVERED AUTO
--___----____--------------------
-____--______--------------------
--___----____--------------------
_____________---_________________
COLLISION
COVERED LIMIT OF AUTO INSURANCE DEDUCTIBLE SYMBOL PREMIl __----____-_______ ---------- ---_--- ______.
$ 1,000,000 4,8,9 $ 2,'
$ 1,000,000 4 $4
$ 1,000 4 $1
LESSER OF ACTUAL $ 250 7 $:
LESSER OF ACTUAL $ 250 7 $:
------------------ ---------- ------- _-__--.
------------------ ---------- ------- ---_---
------------------ ---------- ------- -------
CASH VALUE OR REPAIR COST __--______________ ---------- ------- ------_
CASH VALUE OR REPAIR COST ________________________________________------_--------------------------------
FORM NUMBER -__-------_-----
CA71350188
DESCRIPTION CLASS PREMIUM __--_____-------_----------------------- ------- -----------
ADDITIONAL INSURED 1 0000 I $ 94.(
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
SURANCE /
CERTIFICATE OF WORKERS’ CQMPENSATlON INSURANCE
1
POLICY NUMBER ’
CERTIFICATE EXPIRES
I* c --
L
This IS to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated
This policy is not subject to cancellation by the Fund except upon ten days‘ advance written notice to the employer
We will also give you TEN days’ advance notice should this policy be cancelled prior to its normal expiration
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by thc
policies listed herein Notwithstanding any requirement, term, or condition of any contract or other document witt
respect to which this certificate of insurance may be issued or may perta
described herein is subject to all the terms, exclusions and conditions of such policies.
-
e PRESIDENT
--
EMP LOY E R
r e
L
cctc ln3cq IDF\I In x61
1200 CAAlSBN>VILLAGE DR.
CARLSBAD,CA 92008
(619)434-2882
')lq'1/
CITY OF CARLSBAD 6(ld MINIMUM LICENSE
APPLICATION FOR BUSINESS LICENSE IS $30.00
(fee schedule on reverse)
BUSINESS NAME (PLEASE CHECK THIS BOX 1FOHOMEBASEDBUSINESS
BUSINESS ADDRESS
(No P,O,Boxes)(Number)
(City)(State)
(Suite No.)
(Zip Code)
MAILING ADDRESS
(if different)(Number)(Street)(Suite No.)
~1(',.'
~/",.J
).(City)(State)(Zip Code)
BUSINESS PHONE (__~)~__EMERGENCY PHONE ('""
TYPE OF ORGANIZATION:(Check One)DATE BUSINESS STARTED IN CARLSBAD:I",L
SOLE PROPRIETORSHIP PARTNERSHIP _.,.CORPORATION _
APPLICANT NAME/ADDRESS (OWNER:IF PARTNERSHIP/CORP,GIVE NAMES OF PARTNERS OR CORP.OFFICERS)
"/,-
NUMBER
SOCIAL SECURITY NUMBER
FLAT FEE LICENSE
AMOUNT
ADD'L TRUCKS @ 3/5 EA
TOTAL:
PENALTY (25%+1%per s::>
day not to exceed 50%)~_
~,~--------
$25.00
x
STATE EMPLOYER
IDENTIFICATION NUMBER
FEDERAL TAX 1.0.NUMBER
CLASS
+
,,.
GROSS RECEIPTS LICENSE
GROSS RECEIPTS
STATE SALES TAX NUMBER
,c
(TITLE)(TITLE)(TITLE)
."
,...,';)
II
.•...\""f_"~.
(NAME)
(NAME)(NAME)I r-/:.(ADDRESS)
(ADDRESS)
(ZIP)
(CITY/STATE)(ZIP)(CITY/STATE)(ZIP)
(PHONE)
(PHONE)
TAX RATE (per each $1000)
SUB TOTAL
BASE FEE
SUBTOTAL
PENALTY (25011>+1%per
day not to exceed 50%)
TOTAL:
MAKE CHECKS PAYABLE TO:CITY OF CARLSBAD AND RETURN WITH APPLICATION
STATE CONTRACTOR
LICENSE NUMBER
(PLEASE BE SPECIFIC)
PROVIDE THE FOllOWING WHERE APPLICABLE:
TYPE OF BUSINESS _
zwwa:
Cl
w
(,)z«z..:
w•..I~
...zw~ll.o..JW>Wowa:
>'a:c:zc:(,)
Clz
Zzc:..Jll.
wa:
..:
o..Jo
Cl
ClZo..J3IIIiiz
c;:
TITLESIGNATURE'
EXECUTED THIS __DAY OF ~,19 __.I,
(Day)(Month)(Year)(Print full name)
DECLARE UNDER PE~ALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.~I•I,.
OFFICE USE ONLY
License #_SIC #_
Date Issued _Ordinance
Expiration Date _Restrictions _
GROSS RECEIPTS
BUSINESS LICENSE FEES FOR THE CATEGORIES LISTED BELOW ARE BASED ON ANNUAL QROS RECEIPTS THERE IS A BASE FEE OF 125.00 PLUS THE AMOUNT CALCULATED PER EACH $1000 ANNUAL GROSS RECEIPTS. GROSS RECEIPTS MUST BE ESTIWTED FUR ONE'YEAR IN ADVANCE IN NO EVENT SHALL THE LICENSE PEE BE k88 THAN *)OM.
C = 30' PER THOUSAND - A = 40' PER THOUSAND
BEAUTY SALONlBARBER SHOP DAY CARUNURSERY APPLIANCE STORE BEAUTY SCHOOL DELICATESSEN ARCADESlAMUSEMENT 'ARK
BOOKKEEPER DELIVERY SERVICE AUTO DEALER BOTTLED WATER SERVICE EDUCATIONAL AUTO SERVICE STATION COLLECTION AGENCY ENGRAVER BOARDING/ROOMING HGUSE DANCING SCHOOUTEACHER ENTERTAlNMENTlSHOWS BOOKSTORE CESIGNER EQUIPMENTMACHINE LEASE a SALES BOWLING ALLEY DRArTSPERSON EXERClSElHEALTH SPA CAR WASHlDETAlLlNG ELECTROLOGIST FLIGHT INSTRUCTORlSCHOOL CLOTHlMGlAPPAREL STORE EMPLOYMENT AGENCYlSERVlCE FLOOR COVERINGS COIN-OPERATED LAUNDRY ESTHETtClANlFAClALlST GREETING CARDS COMPUTER SALESlREMTALS FAST FOOD RESTAURANT HANCIYMAN CREAMERY (ICE CREAMI".I~Y) FlNANCElLOANlMORTGAGE CO IMPOAl~EXPORT SALES DEPARTMENT STORE VUNERAL HOME INVFSTMENTS DIAPER SERVICE r UFINITURE REFINISHING JUNK DRAPERVNIINDOW HAIRDRESSER 1 ANDSCAPE DRUG STORUPHARMACY
I LLUSTRATORlARTlST LAPIDARY ShOP FARM EQUIPMENT STORE
INSURANCE CO MAIL BOX SERVICE FLORlSTlNURSERY INTERIOR DECORATORlDESlGN MAIL ORDER FURNITURE STORE
INTERPRETERlTRANSLATOR MARKETINGlMANUFACTURERS REP GlFTlNOVELTYlSOUVENlFi
MANICURIST MISCELLANEOUS GROCEAYlFOODlMEAT SALES MUSIC SCHOUTEACHER MOVER HARDWARE STORE PHOTOGRAPHERS MUSIC STORUSUPPLIES JEWELRY PLUMBING 8 HEATING SALES PACKAGING LAUNDRYlDRY CLEANERS RADIO STATION PARTY PLAN SALESlDEMONSTRATlON LOCKSMlTHlKEY SHOP REPAIRMAINTENANCE SERVICE ET SHOP LUMBER YARDlBUlLDiNC ROCK a SAND PRINTINGlDUPLICATING MOBILE HOME PARK SUN TAN SALON
STOCKlBONDlSECURITY BROKERAGE PUBLISHING 1 MOTORCYCLE DEALER TAILOWDRESSMAKER RECREATIONAL NUASERYlGARDEN SUPPLIES UPHOLSTERY SHOP RESTAURANT NUTRITIONAL PRODUCTS VIDEOTAPING RESTAURANT a BAR OFFICE SUPPLY STORE
RETIREMENT/NURSING HOME PA1 NTlGLASSlWALLPAPER
B = 35' PER THOUSAND ROADlCONCESSlON STA**D PRODUCWFRUIT STORE SECRETARYIOFFICE/ANS$4€'3lNG SVC PUBLIC HALLSlICE RINK
ADVERTlSlNGlDlSTRlBUTlON SELLNG IN THE FIELDS RADIOlSTEREO/TV SALES AIRCRAFT SALESlRENTAUREPR & SVC STORAGE RENTALS - 2 OR ;GORE ANTlQUESlCOLLECTl BLES SUPPLIES ROUTE DELILERY
AUTO GARAGE REPAIR SWIMMING POOL SERVICE SHOE STORE AUTO PARTSfflRESlTOWlNG TELEMARKETING aPECIALTY STORE AUTO RENTlNGlLEASlNG TOY STORE SPORTING GOODS STORE BAKERYlBREAD SHOP
BUYINGlRESELL SERVICE VARIETY CONVENIENCE STORE TOBACCOlPERlODlCALS
CANDYlNUTSlCONFECTlONARY WEED ABATEMENT TRAlLERlBOAT DEALER
CARPETlUPHOLSTERY CLEANING TRAILER CAMPlCOURT
CLEANINGNANITORIAL SERVICE VIDEO RENTAUSALES
COLOR CONSULTANT CONSIGNMENT SHOP CRAFTSlHOBBlES DATA PROCESSlNGlKEYPUNCH
INSTRUCTOR LIQUOR STORElBROKER FEED a ICE DEALER
PRIVATE TRANSPORTATION MOTEUHOTEL
TRAVEL AGENCY THEATER
COCKTAIL LOUNGElTAVERN .1)111.1)111.11)"Sll
D = W PER THOUSAND
FARMER GROWER MANUFACTURER RANCHER WHOLESALER WAREHOUSElADDlTlONAL OFFIC
1 I I 1 AT
d L-III--Et@-
SALES OR USE TAX MAY APPLY TO YOUR
BUSINESS ACTIVITIES YOU MAY SEEK WRITTEN ADVICE REGARDING THE APPLICATION OF TAX
TO YOUR PARTICULAR BUSINESS BY WRITING TO THE NEAREST STATE BOARD OF EQUALIZATION
334 VIA VERA CRUZ I SAN MARCOS, CA 92089
(619) 7441330
FLAT FEE LICENSES
PC - PE - PA -
CONTRACTORS No fixed or Eslabllshed Place of PROFESSIONAL $50 w Busmess 4" Carlsbad - Mobtle unlts
ACCOUNTANTICPA GENERAL
ARCHITECT SIGN PAINTER WHOLESALER APPRAISER SUB CONTRACTOR
BASIC FEE 120 w ATTORNEY AT LAW PER PERSON 200 CHIROPRACTOR
COMPUTER CONSULTANT
COUNSELING FeeslProcedures
RETAILER CONSULTANT MlSC OTHER Call Office lor
BREAD 8 BAKERY SUPPLIES S Bo00 DENTIST
CATERING TRUCKS Bow DOCTOR AUCTION MARKET
CONCRETEIROAD MIX 1M) 00 ENGINEER AUCTIONEER DAIRY 8 ICE CREAM Bo00 PHYSICAL THERAPIST DRY CLEANING 1w a, PODIATRIST
LAUNDRY 1w M PRIVATE INVESTIGATOR BINGO LINEN SERVICE
MEAT DISTRIBUTOR Bow REALESTATE COMMERCIAL MOTION PICTURES
PETROLEUM PRODUCTS (HOME) MOO RESEARCHlDEVELOPMENT DISTRIBUTION OF ADVERTISEMENTS
RETAIL BOTTLED WATER BOw VETERINARIAN JUNK YARD DEALER
RETAIL ICE SUPPLY Bow OPTOMETRIST LIMOUSINE SERVICE
ROCK a SAND 10000 MASSAGE PARLOR
TRANSFERIDELIVERY 2000 MASSAGE TECHNICIAN
WATER SOFTENER SERVICE 1w M PAWNBROKER
SIMILAR NOT SPECIFIED
AUTO WRECKING YARD BlLLlARDSlCARD ROOM
Mw PROFESSIONAL - MIX CABARETIOANCE
40 00 PRIVATE SECURITY SERVICE
PUBLIC UTILITY SPECIAL EVENT TAXI SERVICE
I
I
I
I
d
I
I
I
I
I
b
1
1
I
I
I
3,
OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION fb
This Escrow Agreement is made and entered into by and between the Carlsbad Municipz
Water District whose address is 5950 El Camino Real, Carlsbad, California 920Of
hereinafter called "District" and
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agre
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the optio
to deposit securities with Escrow Agent as a substitute for retention earnin1
required to be withheld by District pursuant to the public works contract entered in1
between the District and Contractor for CONSTRUCTION OF 1992 FENCIN(
PROJECTS IN THE CITY OF CARLSBAD, CMWD PROJECT NO. 91-110
the amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attached i
Exhibit "A". When Contractor deposits the securities as a substitute for Contra
earnings, the Escrow Agent shall notify the District within ten (10) days of tl-
deposit. The market value of the securities at the time of the substitution shall E:
at least equal to the cash amount then required to be withheld as retention undc
the terms of the Contract between the District and Contractor. Securities shall t
held in the name of Carlsbad Municipal Water District and shall designate tl
Contractor as the beneficial owner. Prior to any disbursements, Escrow Agent shz
verify that the present cumulative market value of all securities substituted is at lea
equal to the cash amount of all cumulative retention under the terms of tl
Contract.
The District shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contra
provisions, provided that the Escrow Agent holds securities in the form and amou
specified above.
Alternatively, the District may make payments directly to Escrow Agent in tl
amount of retention for the benefit of the District until such time as the escrc
created hereunder is terminated.
1
2,
3.
Escrow Agreement 1
Surety Deposits
Lieu of Retenti
4/%0/92 RE
10
3:
Contractor shall be responsible for paying all fees for the expenses incurred b!
Escrow Agent in administering the escrow account. These expenses any paymen
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held in escrov
and all interest earned on that interest shall be for the sole account of Contract0
and shall be subject to withdrawal by Contractor at any time and from time to timc
without notice to the District.
Contractor shall have the right to withdraw all or any part of the principal in thc
Escrow Account only by written notice to Escrow Agent accompanied by writtei
authorization from District to the Escrow Agent that District consents to thc
withdrawal of the amount sought to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default b
the Contractor. Upon seven (7) days written notice to the Escrow Agent from th
District of the default of the Contractor, the Escrow Agent shall immediately convei
the securities to cash and shall distribute the cash as instructed by the District.
Upon receipt of written notification from the District certifying that the Contractc
has complied with all requirements and procedures applicable to the Contrac
Escrow Agent shall release to Contractor all securities and interest on deposit le:
escrow fees and charges of the Escrow Agent. The escrow shall be close
immediately upon disbursement of all monies and securities on deposit and paymen
of fees and charges.
Escrow agent shall rely on the written notifications from the District and th
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement and th
District and Contractor shall hold Escrow Agent harmless from Escrow Agent
release and disbursement of the securities and interest as set forth in Section 6 thr
8 and 10.
a
I
1
I
zi
E
b,
4,
E
1 r
E
I
E
E ..*
I
4.
5.
I?’
6.
7.
E
8.
9.
...
.*I
.*. ...
.**
.~. ...
.*.
..*
...
*.. ..-
Escrow Agreement
Surety Deposits
Lieu of Retenti
4/10/92 RE
P
3t
The names of the persons who are authorized to give written notice or to receivc
written notice on behalf of the District and on behalf of Contractor in connectioi
with the foregoing, and exemplars of their respective signatures are as follows:
For District: Title
II
10.
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
1
ll c For Escrow Agent: Title
Name
Signatu re b
I? Address
-e*
..* ...
...
.e. .-..
..* ...
...
e
0
E
1c
i
.a-
~~.
.** ..- ...
**.
*..
Escrow Agreement
Surety Deposits
Lieu of Retent,
4/10/92 RE
P
37
At the time the Escrow Account is opened, the District and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper
officers on the date first set forth above.
11
r
U For District: Title
Name
Signa tu re
Address
I a
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title 1, Name
Signature
Address
Ib
IC
II;
Escrow Agreement fc
Surety Deposits
Lieu of Reteneic
4/10/92 RE’
D
38
11
B RELEASE FORM
f THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECTDESCRIPTION: 1992 FENCING PROJECTS- CMWD PROJECTNO. 91-110
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensation ol
whatever nature due the Contractor for all labor and materials furnished and for all work
performed on the above-referenced project for the period specified above with the exception
of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
!I
(I
I
b
n
DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMEC
The Contractor further expressly waives and releases any claim the Contractor may have o
whatever type or nature, for the period specified which is not shown as a retention amoun
of a disputed claim on this form. This release and waiver has been made voluntarily b!
Contractor without any fraud, duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, an(
work due Subcontractors for the specified period have been paid in full and that the partie,
signing below on behalf of Contractor have express authority to execute this release.
DATED: PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporation
etc.)
By:
Title:
By:
Title:
li
B
Release Fon
4/10/92 RET
39
II s* SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
d
ct 1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings
Where words "shown," "indicated," "detailed," "noted," 'Ischeduled," or words of similai
import are used, it shall be understood that reference is made to the plans accompanying
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shal
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 tc
mean "as required to properly complete the work as required and as approved by thi
District 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 opinio,
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 District is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at herbis expensc
shall perform all operations, labor, tools and equipment, and further, including th
furnishing and installing of materials that are indicated, specified or required to mean th;
the Contractor, at her/his expense, shall furnish and instal1 the work, compete in place an
ready to use, including furnishing of necessary labor, materials, tools, equipment, an
transportation.
I1
11
8
liF
b
0
Special Provisio P' 4/10/92 RE'
1
B
JI.
It
N
a
I
kl
0
li
4(
1-2 DEFINITIONS If' Modify Section 1-2 as follows:
Agency - the Carlsbad Municipal Water District, Carlsbad, California
Engineer - the District Engineer for the Carlsbad Municipal Water District or his approver
representative.
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 US Department of Treasury Circular 570.
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment Bond
(Material and Labor Bond) shall be for not less than 50 percent of the contract price tc
satisfy claims of material suppliers and of mechanics and laborers employed by contract0
on the project.
Add:
The Payment Bond and the Performance Bond shall be kept in full force and effect by thc
Contractor during the course of this project. Both bonds shall extend in full force an(
effect and be retained by the District for a period of one (1) year from the date of forma
acceptance of the project by the District. The Warranty Bond shall be kept in full force an(
effect by the Contractor to remedy any defects which may develop during a period on onc
(1) year from the date of completion and acceptance of the work performed under saic
contract provided such defects are caused by defective or inferior materials or workmanship
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide o
at lease A-:V and are authorized to conduct business in the state of California and are lister
in the official publication of the Department of Insurance of the State of California.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Plans and Specifications fo
Construction of Water Mains of the Carlsbad Municipal Water District and the Standarr
Specifications for Public Works Construction, (SSPWC), 1991 Edition, and the lates
Special Provision
4/10/92 REV
1
4
supplement, hereinafter designated "SSP WC", as issued by the Southern California Chapte
of the American Public Works Association, and as amended by the Special Provision
section of this contract.
The Construction Plans consist of 4 sheet(s) designated as Carlsbad Municipal Wate
District Drawing No. 91-110 . The standard drawings utilized for this project are th
latest edition of the San Dieno Area Regional Standard Drawings, hereinafter designate
SDRS, as issued by the San Diego County Department of Public Works, together with th
Carlsbad Municipal Water District Supplemental Standard Drawings. Copies of pertiner
standard drawings are enclosed with these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer
direction, the Contractor shall obtain and distribute the necessary copies of such instructioi
including two (2) copies to the District.
2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set <
transparent sepias, which shall be corrected daily and show every change from the origin;
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipmen
underground piping, valves, and all other work not visible at surface grade. Prints for th
purpose may be obtained from the City at cost. This set of drawings shall be kept on th
job and shall be used only as a record set and shall be delivered to the Engineer up0
completion of the work,
c
I
R
l?
b
3-5 DISPUTED WORK
To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with th
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.
(commencing with Section 20104) which is set forth below: II
II
E
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
6 20104. Application of articie; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-fil thousand dollars ($375,000) or less which arise between the contractor and a local agenc
(2) This article shall not apply to any claims resulting from a contract between a contract(
Special Provisio P 4110192 RE n
4:
and a public agency when the public agency has elected to resolve any disputes pursuant tc
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work! has the same meaning as in Sections 3100 and 3106 of the Civil Code
except that "public work'! does not include any work or improvement contracted for by thc
state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B payment of money or damages arising from work done by or on behalf of the contract0
pursuant to the contract for a public work and payment of which is not otherwise express1
provided for or the claimant is not otherwise entitled to, or (C) an amount the payment c
which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans c specifications for any work which may give rise to a claim under this article,
(d) This article applies only to contracts entered into on or after January 1, 1991.
8 20104.2. Claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate th
claim. Claims must be filed on or before the date of final payment. Nothing in th
subdivision is intended to extent the time limit or supersede notice requirements othenvi:
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency sh;
respond in writing to any written claim within 45 days of receipt of the claim, or m;
request, in writing, within 30 days of receipt of the claim, any additional documentatic
supporting the claim or relating to defenses or claims the local agency may have against tl
claimant.
(2) If additional information is thereafter required, it shall be requested and providt
pursuant to this subdivision, upon mutual agreement of the local agency and the claimar
(3) The local agency's written response to the claim, as further documented, shall 1
submitted to the claimant within 15 days after receipt of the further documentation 1
within a period of time no greater that that taken by the claimant in producing t
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to thr
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writi
to all written claims within 60 days of receipt of the claim, or may request, in writing, wit1 8 30 days of receipt of the claim, any additional documentation supporting the claim
Special Provisic 9. 4/10/92 RE
8
I!
P
1
D
hb
8
?
P a
lil
11
I?
m/
1
43 5 relating to defenses or claims the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, 01
within a period of time no greater than that taken by the claimant in producing the
additional infomation or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails tc
respond within the time prescribed, the claimant may so notify the local agency, in writing
either within 15 days of receipt of the local agency’s response or within 15 days of the loca
agency’s failure to respond within the time prescribed, respectively, and demand an informa
conference to meet and confer for settlement of the issues in dispute. Upon a demand, thc
local agency shall schedule a meet and confer conference within 30 days for settlement o
the dispute.
(e) If following the meet and confer conference the claim or any portion remains ii dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900
and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of th
Government Code. For purposes of those provisions, the running of the period of timl
within which a claim must be filed shall be tolled from the time the claimant submits his o
her written claim pursuant to subdivision (a) until the time the claim is denied, includin
any period of time utilized by the meet and confer conference.
Q 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subjec
lr
U m
I!
1
3
) c
II to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleading!
the court shall submit the matter to nonbinding mediation unless waived by mutw
stipulation of both parties. The mediation process shall provide for the selection within 1
days by both parties of a disinterested third person as mediator, shall be commenced withi
30 days of the submittal, and shall be concluded within 15 days from the commencemei
of the mediation unless a time requirement is extended upon a good cause showing to tk
court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitratic
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the COC
of Civil Procedure, notwithstanding Section 113 1.11 of that code. The Civil Discovery A
of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 of tl
Code of Civil Procedure) shall apply to any proceeding brought under this subdivisic
consistent with the rules pertaining to judicial arbitration.
I a
1
‘I
0
Special Provisio
4/10/92 RE
4 P
1
4
(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of th
Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in constructio
law, and (B) any party appealing an arbitration award who does not obtain a more favorabl
judgment shall, in addition to payment of costs and fees under that chapter, also pay th
attorney’s fees on appeal of the other party.
0 20104.6. Payment by local agency of undisputed portion of claim; interest on arbitratio
award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which is undispute
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the leg:
rate on any arbitration award or judgment. The interest shall begin to accrue on the dat
the suit is filed in a court of law.
8 20104.8. Duration of article; application of article to contracts between Jan. 1, 1991 ar
Jan.l, 1994
(a) This article shall remain is effect only until January 1, 1994, and as of that date
repealed, unless a later enacted statue, which is enacted before January 1, 1994, deletes (
extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between Janua
1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article
To that end, these contracts shall be subject to this article even if this article is repeal(
1
Il
1
m
D
3 r l;
b
1.
1
I pursuant to subdivision (a).
4-1 MATERIALS AND WORKMANSHIP B
8
I
I To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representatiy
The Engineer shall have free access to any or all parts of work at any time. Contracl
shall furnish Engineer with such information as may be necessary to keep her/him fu
informed regarding progress and manner of work and character of materials. Inspection
work shall not relieve Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testi
materials and/or workmanship where the results of such tests meet or exceed t
requirements indicated in the Standard Specifications and the Special Provisions. The c(
Special Provisic d’ 4/10/92 RE
D
1
1
4
#
'11
It
1
A
R
II
J
b
'd
D
1
R
il
f
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials shall b
approved by him before the delivery is started. All materials proposed for use may b
inspected or tested at any time during their preparation and use. If, after trial, it is foun
that sources of supply which have been approved do not furnish a uniform product, or if th
product from any source proves unacceptable at any time, the Contractor shall furnis
approved material from other approved sources. After improper storage, handling or an
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans an
the SSPWC. Compaction tests may be made by the District and all costs for tests that met
pr exceed the requirements of the specifications shall be borne by the District.
Said tests may be made at any place along the work as deeded necessary by the Enginee
The costs of any retests made necessary by noncompliance with the specifications shall h
borne by the Contractor.
Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans (
specifications upon written order by the Engineer. Any cost caused by reason of th
nonconforming work shall be borne by the Contractor.
P
&)
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known record
endeavored to locate and indicate on the Plans, all utilities which exist within the limits 1
the work. However, the accuracy of completeness of the utilities indicated on the Plans
not guaranteed. N 5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including servic
connection, desired by the Contractor for his/her own convenience shall be the Contract01
own responsibility, and he/she shall make all arrangements regarding such work at no cc
to the District. If delays occur due to utilities relocations which were not shown of tl
Plans, it will be solely the District's option to extend the completion date.
Special Provisic 2. 4/10/92 RE
4r
In order to minimize delays to the Contractor caused by failure of other relocate utilitie
which interfere with the construction, the Contractor, upon request to the District, may br
permitted to temporarily omit the portion of work affected by the utility. The portion thi
omitted shall be constructed by the Contractor immediately following the relocation of thl
utility involved unless otherwise directed by the City.
m '
B
6-1 CONSTRUCTION SCHEDULE ll
8
I
I
1
b
]I
I
11
I
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and submit at th
time of the project preconstruction meeting a detailed critical path metho
(CPM) proper schedule. This schedule is subject to the review and approva a of the City.
2. The schedule shall show a complete sequence of construction activitie:
identifying work for the complete project in addition to work requirin
separate stages, as well as any other logically grouped activities. The schedul
shall indicate the early and late start, early and late finish, 50% and 909
completion, and any other major construction milestones, materials an
equipment manufacture and delivery, logic ties, float dates and duration.
The prime contractor shall revise and resubmit for approval the schedule a
required by City when progress is not in compliance with the origin2
schedule. The prime contractor shall submit revised project schedules wit
each and every application for monthly progress payment identifying change
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each iter
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise th
aforementioned schedule(s) shall enable City, at its sole election, to withhol
up to 10% of the monthly progress payment otherwise due and payable to th
contractor until the schedule has been submitted by the prime contractor an
approved by City as to completeness and conformance with th
3.
4.
5.
3 aforementioned provisions.
NQ changes shall be made to the construction schedule without prior writte
approval of the Engineer. Any progress payments made after the schedule
completion date shall not constitute a waiver of this paragraph or an
damages.
Special Provisioi
4/10/92 RET
B
I
1 4
Coordination with the respective utility company for removal or relocation (
conflicting utilities shall be requirements prior to commencement of work E
the Contractor.
6-7 TIME OF COMPLETION
f
The Contract shall begin work within ten calendar days after receipt of the "Notice t
Proceed" and shall diligently prosecute the work to completion within sixty consecutive daj
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 7:00 a.m. an
sunset, from Mondays and Fridays. The contractor shall obtain the approval of th
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of th
Engineer. This written permission must be obtained at least 48 hours prior to such worl
The Contractor shall pay the inspection costs of such work.
II
II
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 CompletioI
and any faulty work or materials discovered during the guarantee period shall be repaire
or replace by the Contractor, at his expense.
Es
I
1
'SI
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $ PC day for each day beyond the completion date as liquidated damages for the delay. An
progress payments made after the specified completion date shall not constitute a waive
of this paragraph or of any damages. 1
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have rating in best's Key Rating Guide (
at least A-:V and are authorized to conduct business in the state of California and are liste
in the official publication of the Department of Insurance of the State of California,
Special Provisioi
4/10/92 RE'
p
.
4
B
!I
I
I
I
1
7-4 WORKERS9 COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in th
state of California and are listed in the official publication of the Department of Insuranc
of the State of California. Policies issued by the State Compensation Fund meet th
requirement for workers' compensation insurance,
E
7-5 PERMITS
Modify the first sentence to read:
The Contractor shall obtain, at no cost to the District, all encroachment, right-of-wa
grading, and building permits necessary to perform work for this contract on Distric
property, in street, highways (except State highway right-of-way), railways or other rights-o 1 way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained. m
m hb 7-8 PRO~ECTS 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 da:
at the District's request.
Add the following to Section 7-8:
1
E
w
SI '7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with muffle
in good repair when in use on the project with special attention to City Noise Contr
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. I 7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the wo
Special Provisia e' 4/10/92 RE
ii
I
1
4
and shall comply with all applicable provisions of Federal, State and Municipal safety law
and building codes to prevent accidents or injury to persons on, about, or adjacent to th
premises where the work is being performed. He/she shall erect and properly maintain E
all time, as required by the conditions and progress of the work, all necessary safeguarc
for the protection of workers and public, and shall use danger signs warning against hazarc
created by such features of construction as protruding nails, hoists, well holes, and fallin
'II lf'
It materials.
7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and Gradini
If this notice specifies locations or possible materials, such as borrow pits or gravel bed.
for use in the proposed construction project which would be subject to Section 1601 o
Section 1603 of the Fish and Game Code, such conditions or modifications establishe
pursuant to Section 1601 of the Fish and Game Code shall become conditions of th
contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
I
I
9-3 PAYMENT b
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amour
of retention.
10 SURVEYING
District Engineer will establish a system of surveyed horizontal control points at 50' station
throughout the project and at each angle point location. The Contractor shall establish a1
intermediate lines and grades through the use of appropriate equipment.
Contractor shall preserve all surveyed control points. All expenses related to replacemenl
if any, of the preceding which have been disturbed or destroyed by Contractor shall be paic
for by Contractor.
Where bench marks or other permanent markers must be disturbed or removed ii
constructing the Project, carefully preserve item until a reference has been made for it
relocation, notify the District Engineer in sufficient time for item to be relocated withou
causing delay in the Work, and pay all costs related to such relocation,
ll
Special Provision
4/10/92 RE\. IE"
D
5c
Notify Engineer well in advance of the date and location of Work, so that the permanen
horizontal control to be furnished by the District Engineer may be established.
The Contractor shall pay double time for survey work that he requests to be done prior tc
7:OO a.m. or after 3:OO p.m. Monday through Friday, or on holidays or weekends.
t P
I 11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the constructioi
under this contract. The Contractor shall contact the appropriate water agency fo
requirements. The Contractor shall include the cost of water and meter rental withii
appropriate items of the proposal. No separate payment will be made.
I
N: n
R
b
I
I
If
8
Special Provisior I. 4/10/92 RET
51
A
51
SI
I
IE
1
SUPPLEMENTAL PROVISIONS
TO SAN DIEGO COUNTY REGIONAL STANDARD DRAWINGS
(NOTE TO PROJECT MANAGER: The work performed lander this Contract shall be
done in accordance with the San Diego Regional Standard Drawings M-5 [M-5 Modified].
M-6 [M-6 Modified], M-20 and Standard Specifications for Public Works Constl-uctior
[Green Book], 1991 edition.)
llr
I. SAN DIEGO REGIONAL STANDARD DRAWINGS (M-5 MODIFIED) mr
(M-6 MODIFIED).
SDRSD M-5 AND M-6 have been modified by Carlsbad Municipal Water Distric
Engineers.
DELETE: Barbed Wire.
ADD: Razor Wire. I 2, RAZOR WIRE
Razor wire shall be "Razor Ribbon 11" as manufactured by American Security Fencl
Corporation, or approved equal,
All equals for razor wire shall be approved by District Engineer prior to submitt:
of bids.
Attach razor wire to top strand of barbed wire and chain link fence at eighteen inc B (18" intervals maximum.)
1
(7 - * ill 4-
8
b
I
Supplemental Provisia
4/10/92 RE
a
5:
I
1
II
H
I
ll
SAN DIEGO REGIONAL
I STANDARD DRAWINGS
ENCLOSED SrW DIEGO REGIONAL STANDARD DRAWINGS HAVE NOT BEEP
OFFICIALLY ADOPTED BY THE DISTRICT BUT HAVE BEEN APPROVED FOF
THE CONSTRUCTION OF 1992 FENCING PROJECTS IN THE CITY OF CARLSBAD
CMWD PROJECT NO. 91-110.
(M-5 MODIFIED) CHAIN LINK
M-6 MODIFIED) CHAIN LINK FENCE 1Eo
fl
b
1
IE
1
San Diego Regior
Standard Drawin C. 4/10/92 RE
-!I
I
I r
u
I
l?.
10" diameter stop footing. Omit if roadway is concrete.
HALF ELEVATION DOUBLE SWING GATE
1. All footinm shall be 5204-2500 concrete. 2 The foilowing items shall be furnished and insrailed only when hown on the plans and/or called for in the speciai provisions:
Diameter of footing = 4
outside diameter oi post.
a. Barbed wire b. Extension posf 3. Chain link fence shall conform to Section 206-6 ob the Standard
Specifications for Public Works Connmcrion uniess specificaily a noted on this drawing.
%I
11
Ir
I,
I
It,
II"
P
Lock type fork latch
LEG30 ON - ll WALK GATE
REGIONAL SSANOAROS
CHAIN LINK GATE
n
I If'
51
b
II
II
II
1
1
b
1
31
a
I
1
10" diameter sop footing. Omit if roadway is concrete.
HALF ELEVATION COUBLE SWING GATE
1. Nl footings shail be 520-WE00 concrete. 2. The following irems shail be furnished and insrailed oniy when sbwn on the plans and/or Elled for in the special provisions:
Diameter of footing = 4 outside diameter of posl.
a. Barbed ,wire b. Extension pod
sirown on pians.
hb
3/8" dia. tens]
Lgcx type fork laxh
a
EXTENSION POST AND WZCR WIRE LEGENQ ON
WALK GATE
e"
Depth = 2'4' for fence heigh of 5' or under.
Depth = 3'4" for fence heigh
Diameter of footing = 4 ti outside diameter of post.
NOTES
1. All tooting shall be 520-C-2500 concrete.
2 The following items shall be furnished and installed only -&he
shown on the plans and/or called for in the special provisions
a, Barbed Wire
b. Extension Arm
c Top Horizontal Rail
3. Chain lint fence shall conform to Section 206-6 of the
Standard Specifications for Public Works Construction
unless specifically noted on this drawing.
4. See Standard Drawing M-20 for additional details.
LEGEND ON PLANS
7
..
Crown for drainage
Depth = 2'4" for fence heiqh of 5' or under.
Depth = 3'6" for fence heigh
NOTES
1. Ail tootings shall be 520-C-2500 concrete.
Z The following items shall be furnished and installed only whe
shown on the plans and/or called for in ihe special provision!
a. Barbed Wire
b. Extension Arm
L Top Horizontal Raii
3. Chain link fencp shall conform to Section 206-o^ of the
Standad Specifications for Public Works Construction
unless specifically noted on this drawing.
4. See Standard Drawing M-20 for additional details.
LEGEND ON PLANS -
Horizontai brace with truss rod may be used
as an alternate to a diagonal brace.
END AND CORNE POSY ASSEMBLY
Line posts at 1000' max. intervals braced
and trussed in both directions. -
LINE POST BRACING
Horizontal brace with 38" steel truss rods.
Partfand cement
GATE ASSEMBLY