HomeMy WebLinkAboutLightning Fence Company; 1994-07-13; CSD 00101
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CITY OF CARLSBAD
San Diego County
California
I CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
BACKSTOP AND 750' OF FENCING
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CONTRACT NO. CSD 0010
ORIGlNA F --. 02/16/94
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CITY OF CARLSBAD
San Diego County
California
1 CONTRACT DOCUMENTS AND SPECIAL, PROVISIONS
FOR
BACKSTOP AND 750' OF FENCING
CONTRACT NO. CSD 0010
*i 02/16
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TABLE OF CONTENTS Lrn Pane
NOTICE INVITING BIDS 1
CONTRACTOR’SPROPOSAL ........................................ 5
BIDDER’S BOND TO ACCOMPANY PROPOSAL 10
DESIGNATION OF SUBCONTRACTORS 12
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY 14
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BIDDER’S STATEMENT OF TECHNICAL mrLrm AND EXPERIENCE .......... 15
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .............................. 16
CONTRACT PUBLIC WORKS 17 ...................................... .
LABOR AND MATERIALS BOND 2:
PERFORMANCEBOND ........................................... 2t
REPRESENTATION AND CERTIFICATION 3(
ESCROW AGREEMENT FOR SURETY
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DEPOSITS IN Lrw OF RETENTION 3 .................................
RELEASEFORM 3 ............................................... I SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ............................ 3
11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WON
CONSTRUCTION FOR CONSTRUCTION MATERIALS ................... 4
111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORE
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c CONSTRUCTION FOR CONSTRUCTION METHODS ....................
SUPPLEMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS ..........
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CITY OF WBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the
28th day of April , 19 94 , at which time they will be opened and read, for
performing the work as follows:
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CONTRACT NO.
CSD 0010
The work shall be performed in strict conformity with the specifications as approved by thc
City Council of the City of Carlsbad on file with the Community Services Department. Tht
specifications for the work include the Standard Specifications of Public Work!
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designatec
"SSPWC", as issued by the Southern California Chapter of the American Public Work:
Association and as amended by the special provisions sections of this contract. Referencl
is hereby made to the specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-ownec
businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators ani
contractors to utilize recycled and recyclable materials when available and wher
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasin
Department. Each bid must be accompanied by security in a form and amount require
by law. The bidder's security of the second and third next lowest responsive bidders ma
be withheld until the Contract has been fully executed. The security submitted by all otht
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aft(
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectic
22300), appropriate securities may be substituted for any obligation required by this notic
or for any monies withheld by the City to ensure performance under this Contract. Sectic
22300 of the Public Contract Code requires monies or securities to be deposited with tl
City or a state or federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantiti
are approximate and serve solely as a basis for the comparison of bids. The Enghee
Estimate is $28,000.
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No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number,
expiration date and classification in the proposal, under penalty of perjury. The following
classifications are acceptable for this contract: C-13 in accordance with the provisions of
state law.
If the Contractor intends to utilize the escrow agreement included in the contract
documents in lieu of the usual 10% retention from each payment, these documents must
be completed and submitted with the signed contract. The escrow agreement may not be
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue),
Carlsbad, California, for a non-refundable fee of $5.00 per set. If plans and specifications
are to be mailed, the cost for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minoi
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute thc
Contract shall be those as determined by the Director of Industrial Relations pursuant tc
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 ol
the Labor Code, a current copy of applicable wage rates is on file in the Office of thc
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay les
than the said specified prevailing rates of wages to all workers employed by him or her ii
the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions o
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 172
shall apply to the Contract for work.
A pre-bid meeting and tour of the project site will , will not )( be held.
All bids are to be computed on the basis of the given estimated quantities of work, i indicated in this proposal, times the unit price as submitted by the bidder. In case of
discrepancy between words and figures, the words shall prevail. In case of an error in th
extension of a unit price, the corrected extension shall be calculated and the bids will E
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 ar
typed or written in with ink and must be initialed in ink by a person authorized to sign fc
the Contractor.
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Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior
to bidding. Submission of bids without acknowledgment of addenda may be cause of
rejection of bid.
Bonds to secure faithful performance and warranty of the work and payment of laborers
and materials suppliers, in an amount equal to one hundred percent (100%) and fifty
percent (50°/o), respectively, of the Contract price will be required for work on this project.
These bonds shall be kept in full force and effect during the course of this project, and shall
extend in full force and effect and be retained by the City until they are released as stated
in the Special Provisions section of this contract. All bonds are to be placed with a surety
insurance carrier admitted and authorized to transact the business of insurance in
California and whose assets exceed their liabilities in an amount equal to or in excess of
the amount of the bond. The bonds are to contain the following documents:
1)
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An original, or a certified copy , of the unrevoked appointment, power of attorney
by laws, or other instrument entitling or authorizing the person who executed thc
bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insuranct
commissioner. 2)
If the bid is accepted, the City may require a financial statement of the assets and liabilities
of the insurer at the end of the quarter calendar year prior to 30 days next preceding thc
date of the execution of the bond. The financial statement shall be made by an officer'!
certificate as defined in Section 173 of the Corporations Code. In the case of a foreigr
insurer, the financial statement may be verified by the oath of the principal officer 01
manager residing within the United States.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Ke:
Rating Guide of at least A-:V, and (2) are authorized to transact the business of insuranc
in the State of California by the Insurance Commissioner. Auto policies offered to meet th
specification of this contract must: (1) meet the conditions stated above for all insuranc
companies and (2) cover any vehicle used in the performance of the contract, used on-sit
or off site, whether owned, non-owned or hired, and whether scheduled or non-scheduled
The auto insurance certificate must state the coverage is for "any auto" and cannot b
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b ' limited in any manner.
Workers' compensation insurance required under this contract must be offered by
company meeting the above standards with the exception that the Best's rating conditio:
is waived. The City does accept policies issued by the State Compensation Fund meetin
the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Ar
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid Cil
of Carlsbad Business License for the duration of the contract.
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B Approved by the City Council of the City of Carlsbad, California, by Resolution
No. N/A, adopted on the N/A day of N/A, 19-.
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CITY OF CARLSBAD I
1 CONTRACTNO. CSD 0010
CONTRACXOR’S PROPOSAL f
City Council
City of Carlsbad
1200 Carlsbad Village Drive I Carlsbad, California 92008
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The undersigned declares he/she has carefully examined the location of the work, read thc
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnisl
all labor, materials, equipment, transportation, and services required to do all the work tc
complete Contract No. CSD-0010 in accordance with the Plans and Specifications of thc
City of Carlsbad, and the Special Provisions and that he/she will take in full paymen
therefor the following unit prices for each item complete, to wit:
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Approximate Item Quantity unit I No. Description and Unit - Price Total
Backstop - 1 3.1/3&? 2--
dugouts (2)
30’ wings (2) 4 SOB”” 2. Outfield fence 1 I w/gate
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Approximate
Item Quantity unit
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"NOTE: Due to budget constraints. Amount of outfield fencinz may have to 1
reduced.
A 6% Total amount of bid in words: Tk,&Y 5% 'Qk0~5,mA c
%1y, e5 6L4 dOibws YZZ b &a1 akunt of bid in numbers: $ ,? 6)
Pnce(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
The Undersigned has checked carefully all of the above figures and understands that tl
City will not be responsible for any error or omission on the part of the Undersigned
preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract w
necessary bonds and insurance policies within twenty (20) days from the date of award
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bo
accompanying this bid shall become the property of the City of Carlsbad.
has/have been received and is/are included in tk
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The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed
to do business or act in the capacity of a contractor within the State of California, validly
licensed under license number LC% 1- Oq I classification c- I3 which expires
on !6-16-7q , and that this statement is tde and correct and has the legal effect of
an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant
to the Business and Professions Code shall be considered nonresponsive and shall be
rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved, no
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance
with California law. However, at the time the contract is awarded, the contractor shall
be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or employee of the City of Carlsbad is
personally interested, directly or indirectly, in this Contract, or the compensation to
be paid hereunder; that no representation, oral or in writing, of the City Council,
its officers, agents, or employees has inducted him/her to enter into this Contract,
excepting only those contained in this form of Contract and the papers made a part
hereof by its terms; and I
2. That this bid is made without connection with any person, firm, or corporation
making a bid for the same work, and is in all respects fair and without collusion or
fraud. b Accompanying this proposal is 6 so bflo
(Cash, Certified Check, Bond or Cashier's Check) ' for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and agrees to
comply with such provisions before commencing the performance of the work of this
Contract and continue to comply until the contract is complete.
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Articl
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.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
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(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor I
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(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP. SIGN HERE:
(1)
(2)
Name under which business is conducted t~~M'iL/b''~&& &fi & L"
Signature (given and surname and character of partner) (Note: Signaturc
(3) Place of Business I ! \a&, 5fb v\dQas c,T+
City and State 5.h- mLGa
i (Street and Number)
Zip Code %?43\
GENERAL ACKNOWLEDGMENT
'ti$- personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person@) whose name(s)
nd and official
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IF A CORPORATION. SIGN HERE:
(1)
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Name under which business is conducted
(2) Signature
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Impress Corporate Seal here
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(3)
(4) Place of Business
Incorporated under the laws of the State of
City and State
(5) Zip Code Telephone No.
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NOTARIAL ACKNOWLEDGEMENT OF EICECUTION BY ALL SIGNATORIES MUST BE
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:
KWT GL FL.0
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365H GL-Q F7
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BIDDER'S BOND TO ACCOMPANY PROP0 SAL
Bond: #3SM 693 0 KNOW Al.,!. r"i';ISONS 3Y THESE PRESENTS:
That we, .--Li,ghtnipg Fence Company , as principal, and American Motorists Insur
as Surety :itf' $l.;:i and firmly bound unto the City of Carlsbad, California, in an amount a$
follows: (rm.i:5! !)e at least ten percent (10%) of the bid amount)
for which j~.it.~nl~~nt, well and truly made, we bind ourselves, our heirs, executors and
administm! ::Y, ~.~.iccessors or assigns, jointly and severally, firmly by these presents.
THE CONI3I. I.:(' 14 OF THE FOREGOING OBLIGATION TS SUCH that if the proposal of the
above- bourd rri :''xincipal for;
Not to Exceed Five Thousand & N0/100ths ($5,000.00) .......,-.- ..-_. ...
in the City of l'.'.dsbad, is accepted by the City Council, and if the Principal shall duly enter
into and PWC~~[!, a Contract including required bonds and insurance policies within twenty
(20) days TI !he date of award of Contract by the City Council of the City of Carlsbad,
being dd>V n,:>tified of said award, then this obligation shall become null and void;
othetwis(!. i, ..!:::!I1 be and remain in full force and effecr, and the amount specified herein
shall be fc)t*ft~:~! :! to the said City.
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211 61P4 @
I THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT DESCRIBED AT RIGHT
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
Date of Document
r ..
In the event F?in:*,p;i: executed this bond as an individual, it is agreed thar the death of
Principal shaV t:( > !*":merate the Surety from its obligations under this bond.
Executed hv PI\~:,I~ ,[~J,V, this day of Executed by SURETY this- day of 0 ----. .... , '4 . .--- , April ,192,
PRINCIPAL: SURETI:
Lightning Fence Company American Motorists Insurance Company .~ -.- ,...,,-...- (Name of Priricir:j' I (Name of Surety)
7470 N. Figueroa Blvd. By: Los Angeles, Ca 90041
(Address of Surety)
714) 771-4701
(Telephone Number of Surety) --- %@%I: TLI3-Q (print name hi...~
?WTN6A (title and org?r[iLi>ti:,:n --m-kTadG of signatory) l-6dG3 CG By: a Signature o y-in-Pact
'.-
Doug Lane BY: ---..-.I .. . ._._- (simi t\li>-+-
-_I-..__... ~ .. _. (attach corporate resolution showing
printed name of Attorney-in-Fact
(print name ki<*!.*:, ! current power of attorney)
0
---.-.--.. . .. . .- 1 (title and org;irii Tt\yi[:in of signatory)
(Proper riorarial i3
(Presidenr or vice-prc::ihnt and secretary or assistant secretary must sign for corporations. If only one
cffker signs, tht: cwwr.i!i~z nus mxf, a rssolutisn certified by the secretary or assistant secretary under
corporate seal LL~Y: g. d:t (,:\g that officer to bind the corporation.)
JW Zidge of execution by PRINCIPAL and SURETY must be attached,)
APPROVED AS "''7 ) !-OR.M:
RONALD Fa. RP,I i
Ciry Attornq
By:>,-- . y- ... .--. . . . I , - 43 hL-44-
KAREN . €41 R,M ,',
Deputy Ci Q+ A I I I. JYCY
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AMERICAN MOTORISTS INSURANCE COMPANY
POWER OF ATTORNEY
Home Office: Long Grove, IL 60049 a Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of thc
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Doug Lane of Orange, California-
its true and lawful agent(s1 and attorney(s)-in-fact, to make, execute, seal, and deliver during the per
beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked fa its behalf as surety, and as its act and deed:
Any and all bonds and undertakings rovided the amount of no one bond or undertaking exceezs TWO MILLION FIVE
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which gua
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring
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 thc
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illii
HUNJ)ED THOUSAND DOWS ( $2 , 5 0 0 , 0 0 0 . 0 0 )A A A b A A A A ;. A A a'. A A A
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of tt
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees desig
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint ag
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of th
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory i
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 follo
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting dul
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their ap designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of thc
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any st
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall <
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed
corporate seal to be affixed by its authorized officers, this 01 day of January J 1994 .
e
Attested and Certified: AMERICAN HOTORISTS INS
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J .s .Kenp&,III ,SellfOF by
FFB- @ .c .*CulPaugh, Secretary
(OVER)
STATE OF ILLINOIS ss
COUNTY OF LAKE
I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, I11 and F. C. McCullough pers
to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrumi
appeared before me this day in person and severally acknowledged that they being thereunto duly authorin
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said ci
and as their own free and voluntary act for the uses and purposes therein set forth.
fl*aY& br y L. Rllay, Notrry Pd
Hy comirrion mxplros: 4-9-96 AAAAAAAAAAAAA 4 "OFFICIAL SEAL" 1 4 Marityr. L. Riley b 4 Notary Public, State of Illinois b 4 My Commission Expires 4/9/96 b vv~vvvvvvvvvv
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attach
of Attorney dated January 1, 1994 on behalf of the person(:;) as listed on the reverse
true and correct copy and that the same has been in full force and effect since the date thereof and is i
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, I1
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary a
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
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.,e Motorists Insurance Company on this -'b '' day of -> 19 -*
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HI. J .Zarada,
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This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically n
therein, and they have no authority to bind the Company except in the manner and to the extent herein stat
FM 836-5 6-92 1M PRItNTED IN U.S
Power of Attorney - Term
STATE OF ILLINOIS ss
COUNTY OF LAKE
I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, 111 and F. C. McCullough persc
to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the 1
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrume
appeared before me this day in person and severally acknowledged that they being thereunto duly authorize sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said co and as their own free and voluntary act for the uses and purposes therein set forth.
Hy comlscion mxpiros: 4-9-96 AAAAAAAAAAAAA. 4 "OFFICIAL SEAL" b 4 Marilyr. L. ~i~cy b 4 Notary Public, Slate of lllinois b 4 My Commission Expires 4/3/96 b
V~~V~~~VVVV~V
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attach
of Attorney dated January 1, 1994 on behalf of the person(s1 as listed on the reverse true and correct copy and that the same has been in full force and effect since the date thereof and is i
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, 11
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary o
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
n~'1 Q 3 j";;
Motorists Insurance Company on this 'I n k '' a" I day of 9 19--
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N . J. Zerade, !
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This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically r
*herein, and they have no authority to bind the Company except in the manner and to the extent herein std
FM 836-5 6-92 IM PRINTED IN U.S Power of Attorney - Term
1.4
DESIGNATION OF SUBCONTRACTORS
The Contractor certifies he/she has used the sub-bids of the following listed Contractors
in making up hidher bid and that the sub-contractors listed will be used for the work for
which they bid, subject to the approval of the City Engineer, and in accordance with
applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made in
these subcontractors except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each sub-contractor. Additional pages
can be attached if required:
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Items of Complete Address Phone No.
Work Full Company Name with ZiD Code with Area Code
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AMOUNT OF SUBCONTRACTORS' BIDS
The bidder is to provide the following information on the subbids of all the liste
subcontractors as part of the sealed bid submission. Additional pages can be attached,
required.
Type of State
Contracting Carlsbad Business Amount of Bid
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Full Company Name License & No. License No.* _I$ or YO)
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b * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license
must be obtained prior to submission of signed Contracts.
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILfTY I
Bidder submits herewith a statement of financial responsibility. I
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6 .,r E-f kI . 2 i -.d .B 1 1dh 1 1 : 4 s?
LIGH”fWIraG FEW$ CU. Balance Sheet
0
A9 Qf DWelTkber 311 1993
Aw 9 c L 8
current Asset6
Tot81 currrent Ak3set s
Q6 @ S’Lg b 43 $ Cash
CI 46,519. , I---..-.---- 5
567.66
64,522.36 -18, sr9 .QO 113,234 * 63 -x19,9$6 “08
Fkxrd Wbseta ~urnftatxe & fixtures U!CUrn, $@p*R * XUL-11. B sixc
ACCumi. Qep’n - tqdiP*
-296.00 Equipment
Au&omabf I @ 8 A~CX~ Dep‘fi - AutoaObfle$
-. . 47,923
94,443
$
F
, .. ,-- Total Pixed Assets
=z-==~muu*l=--==-s
To%:a3. A~set,~
Liabilities & Equity
LhbiTitle6!
4 s BOX 1 81 3 i3,OOO . DO
0 Loan payable - GbevY van LQ~R payable - cornl. loan Credit: cards pay - Graasmont, 0.30
348 802 ---I *-- 5
-863 p 752 $83 BI 8 796 s 90 669r5?7*37
Total Liabilities
h”irrt;ner~ B f
Retained earnanga N@t IP$Ofi@ 172 p 020.43
partnsxship@ e Bqufty
BartnBrf 8, Capita -*inq
%9,64 $
9
-_ ,. e-qy.- Total Partnership’s Equity
94 am Total Eiabil iti@?@ & EqjJity
3az*~SEsDZsP==
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SEE ACC!~~~~S CQMBXbATION REPORT
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE I
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The Bidder is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully performed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill.
An attachment can be used.
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I Name and Address
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITIED WITH BID
State of California 1
) ss.
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bb? being first duly sworn, deposes 7r\,k&i fl..-- J f=
pw --N a< (Name of Bidder)
and says that he or she is flL\ I (Title)
I (Name of Firm)
of $Lz-G y Tj2&$G fi/f/c&, ea
the party making the foregoing bid; that the bid is not made in the interest of, or on behal
of, any undisclosed person, partnership, company, association, organization, or corporation
that the bid is genuine and not collusive or sham; that the bidder has not directly o
indirectly induced or solicited any other bidder to put in a false or sham bid, and has nc
directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyon
shall refrain from bidding that the bidder has not in any manner, directly or indirectlj
sought by agreement communication, or conference with anyone to fix the bid price, or c
that of any other bidder, or to fix any overhead, profit, or cost element of advantag
against the public body awarding the contract of anyone interested in the propose
contract; that all statements contained in the bid are true; and further, that the bidder ha
not, 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, and will not paj
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.
I declare under penalty of perjury that the
affidavit was executed on the22 day of
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I Subscribed and sworn to before me on
(NOTARY SEAL)
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CONTRACT - PUBLIC WORKS
This agreement is made this/eday of 19< & by and between the Cit
of Carlsbad, California, a municipal co
is 11126 SAUNDERS COURT, SAN DIECO , CA 92131
rat' n, (hereinafter called "City"), and
whose principal place of bushes e LIGHTNING FENCE COMPANY
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(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contrac
documents for:
BACKSTOP AND 750' FENCING I CONTRACT CSD 0010
(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 Contrac
Documents.
Contract Documents. The Contract Documents consist of this Contract, Notic
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation (
Subcontractors, Bidder's Statements of Financial Responsibility and Technic:
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans an
Specifications, the Special Provisions, and all proper amendments and changc
made thereto in accordance with this Contract or the Plans and Specification
and all bonds for the project; all of which are incorporated herein by th
2.
3.
I reference.
Contractor, her/his subcontractors, and materials suppliers shall provide an
install the work as indicated, specified, and implied by the Contract Document
Any items of work not indicated or specified, but which are essential to tE
completion of the work, shall be provided at the Contractor's expense to fulfi
the intent of said documents. In all instances through the life of the Contrac
the City will be the interpreter of the intent of the Contract Documents, and tf
City's decision relative to said intent will be final and binding. Failure of tk
Contractor to apprise subcontractors and materials suppliers of this condition (
the Contract will not relieve responsibility of compliance.
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Payment. For all compensation for Contractor's performance of work under this
Contract, City shall make payment to the Contractor per Section 9-3 of the
Standard Specifications for Public Works Construction (SSPWC) 1991 Edition,
and the latest supplement, hereinafter designated "SSPWC", as issued by the
Southern California Chapter of the American Public Works Association, and a5
amended by the Special Provisions section of this contract. The closure date fox
each monthly invoice will be the 30th of each month. Invoices from the
Contractor shall be submitted according to the required City format to the City'$
assigned project manager no later than the 5th day of each month. Payment5
will be delayed if invoices are received after the 5th of each month. The fina'
retention amount shall not be released until the expiration of thirty-five (35
days following the recording of the Notice of Completion pursuant to Californi:
Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to bc
set forth in the terms of the contract. Below is such a summary. However
contractor should refer to Public Contract Code section 20104.50 for a completc
statement of the law.
The city shall make progress payments within 30 days after receipt of ai
undisputed and properly submitted payment request from a contractor on i
construction contract. If payment is not made within 30 days after receipt of ai
undisputed and properly submitted payment request, then the city shall pa:
interest to the contractor equivalent to the legal rate set forth in subdivision (a
of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable aft€
receipt, determine whether the payment request is a proper payment request.
the city determines that the payment request is not proper, then the request sha
be returned to the contractor as soon as practicable but not later than seven (5
days after receipt. The returned request shall be accompanied by a documer
setting forth in writing the reasons why the payment request was not proper.
If the city fails to return the denied request within the seven (7) day time lid
then the number of days available to the city to make payment without incurrin
interest shall be reduced by the number of days by which the city exceeds th
seven (7) day return requirement.
"Progress payment" includes all payments due contractors except that podon 1
the final payment designated by the contract as "retention earnings".
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Independent Investigation. Contractor has made an independent investigation of
the jobsite, the soil conditions at the jobsite, and all other conditions that might
affect the progress of the work, and is aware of those conditions. The Contract
price includes payment for all work that may be done by Contractor, whether
anticipated or not, in order to overcome underground conditions. Any
infomation that may have been furnished to Contractor by City about
underground conditions or other job conditions is for Contractor's convenience
only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions
and has not relied on infomation furnished by City.
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6. Contractor Responsible for Unforeseen Conditions. Contractor shall be
responsible for all loss or damage arising out of the nature of the work or from
the action of the elements or from any unforeseen difficulties which may arise 01
be encountered in the prosecution of the work until its acceptance by the City
Contractor shall also be responsible for expenses incurred in the suspension 0.
discontinuance of the work. However, Contractor shall not be responsible fo
reasonable delays in the completion of the work caused by acts of God, storm;
weather, extra work, or matters which the specifications expressly stipulate wil I be borne by City.
7. Hazardous Waste or Other Unusual Conditions. If the contract involves digginj
trenches or other excavations that extend deeper than four feet below the surfacc
Contractor shall promptly, and before the following conditions are disturbec
notify City, in writing, of any:
A. Material that Contractor believes may be material that is hazardous wastc
as defined in Section 251 17 of the Health and Safety Code, that is require
to be removed to a Class I, Class 11, or Class 111 disposal site in accordanc
with provisions of existing law.
Subsurface or latent physical conditions at the site differing from thos
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B.
C. Unknown physical conditions at the site of any unusual nature, differei
materially from those ordinarily encountered and generally recognized i
inherent in work of the character provided for in the contract.
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City shall promptly investigate the conditions, and if it fhds that the conditio]
do materially so differ, or do involve hazardous waste, and cause a decrease (
increase iw contractor's costs of, or the time required for, performance of any pa
of the work shall issue a change order under the procedures described in th
contract.
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In the event that a dispute arises between City and Contractor whether the
conditions materially differ, or involve hazardous waste, or cause a decrease 01
increase in the contractofs cost of, or time required for, performance of any parl
of the work, contractor shall not be excused from any scheduled completion datf
provided for by the contract, but shall proceed with all work to be performec
under the contract. Contractor shall retain any and all rights provided either bj
contract or by law which pertain to the resolution of disputes and protest:
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contract, ordei
changes, modifications and extra work by issuance of written change orders
Contractor shall make no change in the work without the issuance of a writter
change order, and Contractor shall not be entitled to compensation for any extri
work performed unless the City has issued a written change order designating ix
advance the amount of additional compensation to be paid for the work. If
change order deletes any work, the Contract price shall be reduced by a fair an1
reasonable amount. If the parties are unable to agree on the amount a
reduction, the work shall nevertheless proceed and the amount shall b
determined by litigation. The only person authorized to order changes or extr
work is the Project Manager. The written change order must be executed by th
City Manager or the City Council pursuant to Carlsbad Municipal Code Sectioi
3.28.1 72.
Immimation Reform and Control Act. Contractor certifies he is aware of th
requirements of the Immigration Reform and Control Act of 1986 (8 US(
Sections 1101-1525) and has complied and will comply with these requirement:
including, but not limited to, verifylng the eligibility for employment of a
agents, employees, subcontractors, and consultants that are included in thi
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9.
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10. Prevailing Wage. Pursuant to the Califomia Labor Code, the director of th
Department of Industrial Relations has determined the general prevailing rate c
per diem wages in accordance with California Labor Code, Section 1773 and
copy of a schedule of said general prevailing wage rates is on file in the office (
the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant 1
California Labor Code, Section 1775, Contractor shall pay prevailing wage
Contractor shall post copies of all applicable prevailing wages on the job site.
Indemnification. Contractor shall assume the defense of, pay all expenses (
defense, and indemnify and hold harmless the City, and its officers ar
employees, from all claims, loss, damage, injury and liability of every kind, natui
and description, directly or indirectly arising from or in connection with tl
performance of the Contractor or work; or from any failure or alleged failure c
11.
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Contractor to comply with any applicable law, rules or regulations including
those relating to safety and health; except for loss or damage which was caused
solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by the Contract, unless
the loss or damage was caused solely by the active negligence of the City. The
expenses of defense include all costs and expenses including attorneys fees for
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No.
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12.
91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodily injury
and property damage. If the policy has an aggregate limit, a
separate aggregate in the amounts specified shall be established for
the risks for which the City or its agents, officers or employees are
additional insured.
2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury and
property damage. In addition, the auto policy must cover any
vehicle used in the performance of the contract, used onsite or
offsite, whether owned, non-owned or hired, and whether
scheduled or non-scheduled. The auto insurance certificate must
state the coverage is for "any auto" and cannot be limited in an]
manner.
Workers' Compensation and Employers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of tht
State of California and Employers' Liability limits of $1,000,000 pe
incident. Workers' compensation offered by the Stan
Compensation Insurance Fund is acceptable to the City.
3.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of
insurance required under this agreement contain, or are endorsed to
contain, the following provisions. General Liability and Automobile
Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered
as additional insured as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased,
hired or borrowed by the contractor. The coverage shall contair
no special limitations on the scope of protection afforded to the
City, its officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insurance a-
respects the City, its officials, employees and volunteers. Arq insurance or self-insurance maintained by the City, its officials
employees or volunteers shall be in excess of the contractor'
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shal
not affect coverage provided to the City, its officials, employees o
volunteers.
Coverage shall state that the contractofs insurance shall appl
separately to each insured against whom claim is made or suit 1
brought, except with respect to the limits of the insurer's liabiliq
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims mad( basis, coverage shall be maintained for a period of three years following th
date of completion of the work.
(D) NOTICE OF CANCELLATION - Each insurance policy required by th agreement shall be endorsed to state that coverage shall not 1
nonrenewed, suspended, voided, canceled, or reduced in coverage or limi
except after thirty (30) days' prior written notice has been given to the Ci
by certified mail, return receipt requested.
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2.
3.
4.
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - A-
deductibles or self-insured retention levels must be declared to ai
approved by the City. At the option of the City, either: the insurer shl
reduce or eliminate such deductibles or self-insured retention levels
respects the City, its officials and employees; or the contractor shall procu
a bond guaranteeing payment of losses and related investigation, cla.
adminisIration and defense expenses.
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WAIVER OF SUBROGATION - All policies of insurance required under thi
agreement shall contain a waiver of all rights of subrogation the insure
may have or may acquire against the City or any of its officials o
employees.
(GI SUBCONTRACTORS - Contractor shall include all subcontractors as insurec
under its policies or shall furnish separate certificates and endorsements fo
each subcontractor. Coverages for subcontractors shall be subject to all o
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurer
that have a rating in Best's Key Rating Guide of at least A-:V, and ar
authorized to transact the business of insurance by the Insuranc
Commissioner under the standards specified in by the City Council ii
Resolution No. 91-403 .
VERIFICATION OF COVERAGE - Contractor shall furnish the City wit'
certificates of insurance and original endorsements affecting coverag
required by this clause. The certificates and endorsements for eac
insurance policy are to be signed by a person authorized by that insurer t
bind coverage on its behalf. The certificates and endorsements are to be i
forms approved by the City and are to be received and approved by the Cit
(F)
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(I)
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111, (J) COST OF INSURANCE - The Cost of all insurance required under thj
agreement shall be included in the Contractor's bid.
13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claim
Act (Section 900 et seq of the California Government Code) for any claim c
cause of action for money or damages prior to filing any lawsuit for breach c
this agreement.
Maintenance of Records. Contractor shall maintain and make available at no co:
to the City, upon request, records in accordance with Sections 1776 and 1812 c
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does nc
maintain the records at Contractor's principal place of business as specifie
above, Contractor shall so inform the City by certified letter accompanying th
return of this Contract. Contractor shall notify the City by certified mail of an
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier's check, or certified check ma
be substituted for any monies withheld by the City to secure performance of th
contract for any obligation established by this contract. Any other security th:
is mutually agreed to by the Contractor and the City may be substituted fc
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16.
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(Single Form)
Effective I/ I / 9 1
STATE OF CALIFORNIA
co
On before me, the undersigned, a Notdry Public in dnd for said State,
personalb'appeared fl6 Q , f\ t>kP_Y- > ~/LJ
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personally known to me (or proved to me on the basis of sitisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that heishe' they executed the same in his'
her/their authorized capacity(ies), and that by his/ her/ their signdture(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument
FTG 7197 (This area lor official notarial seal)
24
Provisions Reauired by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted
herein and included herein, and if, through mistake or otherwise, any such provisior
is not inserted, or is not correctly inserted, then upon application of either party, the
Contract shall forthwith be physically amended to make such insertion or correction
Additional Provisions. Any additional provisions of this agreement are set forth ir
the "General Provisions" or "Special Provisions" attached hereto and made a par-
hereof.
17.
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NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
A'ITACHED
Contractor
(CORPORATE SEAL)
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APPROVED TO AS TO FORM:
RONALD R. BALL b City Attorney Print Name of Signatory
By:
Signature of Signatory
pi'/& 4
&EN J. HIRATAU
Deputy City Attorney
Mayor
ATTEST:
2/16/9d
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WLCAN EXCESS AND SURPLUS
Insurance Service
P. 0. Box 2158
Riverside, CA 92516-2158
(909) 784-0661
DBA: LIGHTNING FENCE COMPANY
11126 SAUNDERS COURT
SAN DIEGO CA 92137
GLS 493437
PREMISES/OPERATIONS
UNDERGROUND EXPLOSION &COLLAPSE HAZARD
PRODUCTSfCOMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
ALL OWNED AUTOS (PRIV. PASS.)
OTHERTHA ALL OWNED AuTos (PRIV. PASS.?
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EMPLOYERS' LIABILITY
*lo DAYS NOTICE OF CANCELLATION WILL BE GIVEN FOR NON-PAYMENT OF PREM
CITY OF CARLSBAD
PURCHASING DEPARTMENT
1200 CARLSBAD VILLAGE DRIVE
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LThe Attaching Clause need be completed only when this endorsement IS issued subsequent to preparation of the policy.)
GL 20 10 (Ed. 01 73)
G 115
IS0 G115
ADDITIONAL INSURED
(Owners or Lessees)
LC
(I
LI AB I LlTY
0
END. #5 A
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the folloi
CO M P R E H E N S I V E G E N ERA L L I AB I L I TY I N S U RAN C E
MANUFACTURERS’ AND CONTRACTORS’ LIABILITY INSURANCE
GLS 4‘ , forms a part of policy No. 06-13-94 TO 10-22-94
(12 01 A M., standard time) This endorsement, effective
issued to
by
LIGHTNING FENCE COMPANY
SCOTTSDALE INSURANCE COMPANY
Authorized Representative WLCAN EXCESS AND SURPLUS INS. SERVICE
040028 PA 06-14-94
It is agreed that:
1. The “Persons Insured” provision IS amended to include as an insured the person or organization named t
but only with respect to liability arising out of operations performed for such insured by or on behalf of the ni
insured.
2. The applicable limit of the company’s liability for the insurance afforded under the Contractual Liability lnsut
Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this enc
ment in behalf of the person or organization named below.
(Additional Insured)
Name of Person or Organization
CITY OF CARLSBAD
PURCHASING DEPARTMENT
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
IT IS AGREED THAT THE INSURANCE IS PRIMARY AND THAT NO INSURANCE HELD OR OWNED
THE DESIGNATED ADDITIONAL INSUREDS SHALL BE CALLED UPON TO COVER A LOSS UNDER S
POLICY IF LOSS ARISES FROM INSURED’S OPERATIONS.
e
)uws*””‘L”cL w*,
%w~;s”;;&~m
odfl
COMPANY i Lighting Fence
I 11126 Saunders Court LETTER D
THIS ENDOR; .,iENT CHANGES THE POLICY. PLEASE READ . CAREFULLY.
AMERICAN STATES ADDITIONAL INSURED CA 71 35 n INSURANCE
A pit. LINCOLN NATIONAL CORPORATION
0
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
1.J
Schedule
Name of Person or Organization: CITY OF CARLSBAD
Address: PURCHASING DEPT .
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989
Premium: $ 0
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as a[
to this endorsement.)
A. bnder LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an "insured" the persc
organization(s) shown in the Schedule, but only with respect to "bodily injury" or "property damage" resulting
acts or omissions of:
1. You;
2.
3.
Any of your employees or agents;
Any person, except the additional insured or any employee or agent of the additional insured, operating a
"auto" with the permission of any of the above.
B. The insurance afforded by this endorsement does not apply:
To "bodily injury" or "property damage" arising out of the sole negligence of the person(s) or organization(:
in the Schedule.
0
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C-AG-07-PI
-- -- - . -
c[l?' OF =%AD SURPLUS LINE BROKER AFFIOAVfT
0 Broker Name: Tom Thompson Insurance Aq-nc,
Address : P.O. Box 710100
City/Statr/Zip: . Ca. 92121-0100
Date: 6-30-94
CSDOOlO P roj e et Name :
Type of Insurance: Comprehensive General Liabitity -
I cemfy that Tom Thompson Ins. AgeyQ.'g'~~&~~ of Record for Lightning
Fence CO. ("Contractof) who ia required to provide insurance under the specifications
of the abovt contract. 1 further certify that as Broker of Record for Contractor, 1 have contacted
the insurance companies listed below, aU of whom meet the aryls requirements included in
Resolution NG. 91L4@! and aU of whom have refused to write the required policy due to the
City of Carlsbad's insurance requirments
insurance Carrier: -American States ins. (h.
Name of Contact: Brian Lewis -
p.0. BOX 5055 Coastaesa C;a. 97- - Address: e
Date; - 6-29-94
Reason for Refusal: Primarv - c_
Commissioner (Yes/No)
Best's Rating A XI1 Listed by State Insurance &bfL.=.Admitted
insurance Canicr: m- c 0.
Name of Contact: Cindy Bruton_ __- - L ----...
P.O. Box 849- Ros~ Ca. 95402-0@,2.. Address:
Dace: 6-29-94 -- c
R~~~~~ for ~~fu~~]: Primary & Noncontributina Wordina
- At IX Listed by State Insurance LaliLAd rnitted
Commissioner (Yes/No) 0 Bests Rating
$)O' or4 2; . 13 b;,. 1 .. 1Ii-ii L8ljTP';D:IlI 3NI
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Insurance Carrier: __ UT- Hartford
Name of Contact:
Address: P.O. Box 4910 Diamund Bar Ca. 91765-0916
Date:
Reason for ~~h~~l: Primary E Noncontributing Wording
Bests Rating At xv Listed by State Insurance
0
Denise Jump
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Y
6-2 9-94
Calif. Admitted
Codsioncr (Ycs/No)
I Contractor is requesting that the city accept Scottsdale Ins. CO. company who h a 8Uq]
he carrier having an A-:V or batter rating in the mast recent issue of Best's Rathg QUkfe a
who hor an office within the State of California at the following address in order to effect sew of process.
Name of Surplus he Carrier: Scottsdale Insurance Co. a Address: 8877 North Gainey Center Drive
City/State/zip: Scottsdale, Az. 85258
Address to effect Service of Process within the State of California.
Name: Vulcan Excess E Surplus Insurance Service -
7028 Indiana Ave. # 201 Address:
City/State/Zig : Riverside, Ca. 92506
I certify under penalty of perjury that the foregoing facts arc true and comect.
Dated:
Signed:
Tom Thompson Jr. CPCU, CIC
as Vice President
a
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATOO
JUNE 6, 1994 POLICY NUMBER: 0728441-93
I)
CERTIFICATE EXPIRES: 12-01-94
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CITY OF CARLSBAD
ATTN: RUTH FLETCHER/PURCHASING AGENT
1200 CARLSBAD VILLAGE DR
CARLSBAD CA 92008-1989
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This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Californi
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 th
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document wit1
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policie
described herein is subject to all the terms, exclusions and conditions of such policies.
-
/vw
JOB: CSD 0010 PRESIDENT e
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EMPLOYER
r
LIGHTING FENCE CO
11126 SAUNDERS CT
SAN DIEGO CA 92131 NR
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SClF 10262 (REV. 10-86)
City of Carlsbad
Purchasing Department
Representation and Certification
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The following representation and certification are to be completed, signed and returned with proposal.
REPRESENTATIONS: Mark all applicable blanks. This I am currently certified by: .AQ
Certification #:
d
I offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
CERTIFICATION OF BUSINESS
REP R E S E NTATl 0 N (S) :
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Mark all applicable blanks. This offeror repres
part of this offer that:
This firm is , is not I(" a m
This firm is , is not J( awl
owned business.
I business.
DEFINITIONS: I MINORITY BUSINESS ENTERPRISE: 'Minority WOMAN-OWNED BUSINESS: A wom:
Business" is defined as a business, at least 51 percent of business is a business of which at least 51 F
which is owned, operated and controlled by minority owned, controlled and operated by a woman o
group members, or in the case of publicly owned Controlled is defined as exercising the power
usinesses, at least 51 percent of which is owned, policy decisions. Operation is defined as
operated and controlled by minority group members.
The Small Business Administration defines the socially I and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (i.e.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (Le., US. Citizens whose I origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
involved in the day-to-day management.
i
-- I UGHNWG Fi lA5 G3. 30 wLe7- 3 FL-hin
1 coMPA;;lYME
I 54dI- rE.4A.h CfL- !A /s /
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NAME
6 SAU&Q&~ ~-7%
ADDRESS
u
CtTY,STATE AND ZIP
0 /o/ ,5 -c. &i7- yq 1 TELEPHOk(N:MBE$ 7L3 DATE
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OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbac
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafte
called "City" and whos
address is
?,
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agre
as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, th
contractor has the option to deposit securities with the Escrow Agent as a substitut
for retention earnings required to be withheld by the City pursuant to th
Construction Contract entered into between the City and Contractor for
dated -
(hereinafter referred to as the "Contract"). Alternatively, on written reques
of the contractor, the owner shall make payments of the retention earnings direct1
to the escrow agent. When the Contractor deposits the securities as a substitute fa
Contract earnings, the Escrow Agent shall notify the City within 10 days of th
deposit. The market value of the securities at the time of the substitution shall b
a least equal to the cash amount then required to be withheld as retention under th
terms of the contract between the City and Contractor. Securities shall be held i
the name of the , and shall designate the Contractor as the benefick
in the amount of
1 owner.
2. The City shall make progress payments to the Contractor for such funds whic
otherwise would be withheld from progress payments pursuant to the Contrac
provisions, provided that the Escrow Agent holds securities in the form and amour
specified above.
When the City makes payment of retentions earned directly to the escrow agent, th
escrow agent shall hold them for the benefit of the contractor until such time as th
escrow created under this contract is terminated. The contractor may direct th
investment of the payments into securities. All terms and conditions of thi
equal1 agreement and the rights and responsibilities of the parties shall be
applicable and binding when the City pays the escrow agent directly.
3.
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The contractor shall be responsible for paying all fees for the expenses incurred b!
the Escrow Agent in administering the Escrow Account and all expenses of the o
the City. These expenses and payment terms shall be determined by the City
Contractor and Escrow Agent.
4.
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5. 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 Contracto
and shall be subject to withdrawal by Contractor at any time and from time to timc
without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal in thl
Escrow Account only by written notice to Escrow Agent accompanied by writtei
authorization from City to the Escrow Agent that City consents to the withdrawal o
the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of default by th
Contractor. Upon seven days’ written notice to the Escrow Agent from the City o
the default, the Escrow Agent shall immediately convert the securities to cash an(
shall distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifying that the Contract is fina
and complete and that the Contractor has complied with all requirements anc
procedures applicable to the Contract, the Escrow Agent shall release to Contracto
all securities and interest on deposit less escrow fees and charges of the Escroi
Account. The escrow shall be closed immediately upon disbursement of all money
and securities on deposit and payments of fees and charges.
The Escrow Agent shall rely on the written notifications from the City and tk
contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Cit
and Contractor shall hold Escrow Agent harmless from Escrow Agent’s releasc
conversion and disbursement of the securities and interest as set forth above.
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7.
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8.
9.
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The names of the persons who are authorized to give written notices or to receivf
written notice on behalf of the City and on behalf of Contractor in connection wit1
the foregoing, and exemplars of their respective signatures are as follows:
For City: Title
10.
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Name
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1 Signature
Address
For Contractor: Title
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Signature
Address
For Escrow Agent: Title 1 Name
Signature
Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officer:
on the date first set forth above.
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For City: Title
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Signature
Address
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For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name
Signature 1 Address
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3:
RELEASE FORM
THIS FORM SHALL BE SUBMITTED AND APPROVED PRIOR TO APPROVAL 01
MONTHLY PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges upon payment in the full amoun
specified all compensation of whatever nature due the Contractor for all labor an
materials furnished and for all work performed on the above-referenced project for th
period specified above with the exception of contract retention amounts and disputed wor
or claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED WOWCLAIMS
DESCRIPTION OF DISPUTED WOWCLAIM
The Contractor further expressly waives and releases any claim the Contractor may havc
of whatever type or nature, for the period specified which is not shown as dispute
work/claim on this form. This release and waiver has been made voluntarily by Contractc
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 will be paid according to Public Contra1
Code Section 20104.50 and Business and Professions Code Section 7108.5 and that tk
parties signing below on behalf of Contractor have express authority to execute th
release.
DATED:
AMOUNT CLAIMED
(OR ESTIMATE)
1,
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By: I Title:
By:
Title:
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of simila
import are used, it shall be understood that reference is made to the plans accompanyin;
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, i
shall be understood that the direction, designation or selection of the Engineer is intended
unless stated otherwise. The word "required" and words of similar import shall b
understood to mean "as required to properly complete the work as required and a
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar impoi
are used, it shall be understood such words are followed by the expression Itin 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 approva
acceptance, or similar import of the Engineer is intended.
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The word "perform" shall be understood to mean that the Contractor, at her/his 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 install the work, complete in place an
ready to use, including furnishing of necessary labor, materials, tools, equipment, an
transportation.
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1-2 DEFINITIONS i
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Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representative
24 CONTRACTBONDS
Delete the third sentence of the first paragraph having to do with a surety being listed ii
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful performance/warranty bond and payment bonc
(labor and materials bond) for this contract. The faithful performance/warranty bond shal
be in the amount of 100 percent of the contract price and the payment bond shall be ii
the amount of 50 percent of the contract price. Both bonds shall extend in full force ani
effect and be retained by the city during the course of this project until they are release1
according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the origin:
amount 35 days after recordation of the Notice of Completion and will remain in full forc
and effect for the one year warranty period and until all warranty repairs are complete
to the satisfaction of the city engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notic
of Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized t
transact the business of insurance in California and whose assets exceed their liabilities i
an amount equal to or in excess of the amount of the bond. The bonds are to contain th
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1) An original, or a certified copy, of the unrevoked appointment, power of attorney, b
laws, or other instrument entitling or authorizing the person who executed the bon
to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insuranc
commissioner.
If the bid is accepted, the City may require a financial statement of the assets and liabilitit
of the insurer at the end of the quarter calendar year prior to 30 days next preceding tE date of the execution of the bond. The financial statement shall be made by an officer
certificate as defined in Section 173 of the Corporations Code. In the case of a foreig
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insurer, the financial statement may be verified by the oath of the principal officer o
manager residing within the United States.
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2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Work
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate
"SSPWC", as issued by the Southern California Chapter of the American Public Work
Association, and as amended by the Special Provisions section of this contract.
The Construction Plans consist of 0 sheet(s) designated as City of Carlsbad Drawing Nc
The standard drawings utilized for this project are the latest edition of the San Diego Are
Regional Standard DrawinEs, hereinafter designated SDRS, as issued by the San Dieg
County Department of Public Works, together with the City of Carlsbad Supplement:
Standard Drawings. Copies of pertinent standard drawings are enclosed with thes
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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 SUC
instruction, including two (2) copies to the City. 1
I, To Section 2-5, add:
2-5.4 Record Drawinzs:
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 equipmer
underground piping, valves, and all other work not visible at surface grade. Prints for tl-
purpose may be obtained from the City at cost. This set of drawings shall be kept on tl
job and shall be used only as a record set and shall be delivered to the Engineer up(
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4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representatil
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 herhim fu informed regarding progress and manner of work and character of materials. Inspecti
of work shall not relieve Contractor from any obligation to fulfill this Contract.
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a7 I Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing
materials and/or workmanship where the results of such tests meet or exceed tht
requirements indicated in the Standard Specifications and the Special Provisions. The cos
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall bf
approved by him before the delivery is started. All materials proposed for use may bf
inspected or tested at any time during their preparation and use. If, after trial, it is fount
that sources of supply which have been approved do not furnish a uniform product, or i
the product from any source proves unacceptable at any time, the Contractor shall furnisl
approved material from other approved sources. After improper storage, handling or ani
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 City and all costs for tests that mee
or exceed the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engineel
The costs of any retests made necessary by noncompliance with the specifications shall b
borne by the Contractor.
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4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans c
specifications upon written order by the Engineer. Any cost caused by reason of thj
nonconforming work shall be borne by the Contractor. I
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 lid
of the work. However, the accuracy of completeness of the utilities indicated on the PlaI I is not guaranteed.
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5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including servicc
connection, desired by the Contractor for his/her own convenience shall be the ContractoJ
own responsibility, and he/she shall make all arrangements regarding such work at no cos
to the City. If delays occur due to utilities relocations which were not shown on the Plans
it will be solely the City's option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties tc
relocate utilities which interfere with the construction, the Contractor, upon request to thl
City, may be permitted to temporarily omit the portion of work affected by the utility. Th
portion thus omitted shall be constructed by the Contractor immediately following th
relocation of the utility involved unless otherwise directed by the City.
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6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
The prime contractor is required to prepare in advance and submit at
the time of the project preconstruction meeting a detailed critical path
method (CPM) project schedule. This schedule is subject to the review
and approval of the City.
The schedule shall show a complete sequence of construction activities,
identifylng work for the complete project in addition to work requiring
separate stages, as well as any other logically grouped activities. The
schedule shall indicate the early and late start, early and late finish,
50% and 90% completion, and any other major construction milestones,
materials and equipment manufacture and delivery, logic ties, float
dates, and duration.
The prime contractor shall revise and resubmit for approval the
schedule as required by City when progress is not in compliance with
the original schedule. The prime contractor shall submit revised project
schedules with each and every application for monthly progress
payment identifying changes since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each
item of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to
withhold up to 10% of the monthly progress payment otherwise due
and payable to the contractor until the schedule has been submitted by
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the prime contractor and approved by City as to completeness and conformance
with the aforementioned provisions.
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No changes shall be made to the construction schedule without the prior written approva
of the Engineer. Any progress payments made after the scheduled completion date shal
not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflictin2
utilities shall be requirements prior to commencement of work by the Contractor.
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6-5 TERMINATION OF CONTRACT
Grounds for Termination of the contract by the City include failure of the City or Contracto:
to obtain necessary permits from other governmental agencies, or unreasonable dela!
caused by enforcement of laws and regulations by other public agencies, including but no
limited to, enforcement of the Endangered Species Act and other similar laws.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulation
by other public agencies, including but not limited to, enforcement of the Endangere
Species Act and other similar laws.
6-5 TERMINATION OF CONTRACT b
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Grounds for termination of the contract by the City include failure of the City or Contractc
to obtain necessary permits from other governmental agencies, or unreasonable dela
caused by enforcement of laws and regulations by other public agencies, including but nc
limited to, enforcement of the Endangered Species Act and other similar laws.
PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulatior
by other public agencies, including but not limited to, enforcement of the Endangere
species Act and other similar laws.
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6-7 TIME OF COMPLETION
The Contractor shall begin work within 10 calendar days after receipt of the "Notice 1
Proceed" and shall diligently prosecute the work to completion within 25 consecutive da:
after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. ar
sunset, from Mondays through Fridays. The contractor shall obtain the approval of tl
Engineer if he/she desires to work outside the hours state herein.
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Contractor may work during Saturdays and holidays only with the written permission ol
the Engineer. This written permission must be obtained at least 48 hours prior to suck
work. The Contractor shall pay the inspection costs of such work.
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6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion
and any faulty work or materials discovered during the guarantee period shall be repairec
or replaced by the Contractor, at his expense. Twenty-five percent of the faithfu
performance bond shall be retained as a warranty bond for the one year warranty period
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Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $100 per da:
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.
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7-3 LLABILITY INSURANCE
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Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide o
at least A-:V and are authorized to conduct business in the state of California and are listec
in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS' COMPENSATION INSURANCE
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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.
7-5 PERMITS 1 Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-wa!
grading, and building permits necessary to perform work for this contract on City propep
in streets, highways (except State highway right-of-way), railways or other rights-of-wa: b Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working da:
at the City's request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with 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. II
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7-10 PUBLIC CONVENIENCE AND SAFETY I
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7-10.4.4 Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the worl
and shall comply with all applicable provisions of Federal, State and Municipal safety law:
and building codes to prevent accidents or injury to persons on, about, or adjacent to thc
premises where the work is being performed. He/she shall erect and properly maintain a
all time, as required by the conditions and progress of the work, all necessary safeguard:
for the protection of workers and public, and shall use danger signs warning agains
hazards created by such features of construction as protruding nails, hoists, well holes, anc
falling materials.
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7-13 LAWS TO BE OBSERVED 1 Add the following:
1 Grading.
Municipal ordinances which affect this work include Chapter 11.06. Excavation an(
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 establishel
pursuant to Section 1601 of the Fish and Game Code shall become conditions of th
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8 FACILITTES FOR AGENCY PERSONNEL
Delete this section. I 9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amouI
of retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to perfor
necessary surveying for this project. Requirements of the Contractor pertaining to this ite
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveyir
service within appropriate items of proposal. No separate payment will be made.
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Survey stakes shall be set and stationed by the Contractor's surveyor for curbs at 50'
intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers,
sewers, storm drains, and structures (4 corners min.). Rough grade as required to satisfy
cut of fill to finished grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Section
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing
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11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the constructior
under this contract. The Contractor shall contact the appropriate water agency fol
requirements. The contractor shall include the cost of water and meter rental withir
appropriate items of the proposal. No separate payment will be made.
21 161'
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11. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
FOR CONSTRUCTION MATERIALS 5
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(NOTE TO PROJECT MANAGER: These supplemental provisions for materials and work
comprise the technical or detail specifications and must be tailored to each project using
the design engineeJs experience and judgment. The Standard Special Provisions by the
Regional Standards Committee is a good reference.)
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200-2 UNTREATED BASE MATE€UAL
Aggregate base shall be crushed aggregate base (Section 200-2.2)) crushed slag bas(
(Section 200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-1 PORWD CEMENT CONCRETE
Concrete for drainage ditch shall be Class 520-C-2500.
Modi@ Section 201 -1 2.1, Portland Cement, as follows:
First paragraph, first sentence amend to read: "All cement to be used or furnished sha
be low alkali and shall be either Type I or Type I1 Portland Cement conforming to ASTb
C 150, or Type IP (MS) Portland Pozzolan Cement conforming to ASTM C 595, udes 1 otherwise specified."
Modify Section 201-1.2.3, Water, as follows:
Second paragraph replace "1,000 ppm (mg/L) of sulfates" with "1,300 (mg/L) pprn (
sulfates."
Third paragraph replace "800 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of sulfates
(b) Air-entraininz Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowe
The air content of freshly mixed concrete will be determined California Test Method N i 504."
Modify Section 201 -1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table:" AI
delete table.
Modify Section 201 -1.4.3, Transit Mixers, as follows:
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Add after listing of information for weighmaster's certificate: "Transit mixed concrete ma)
be certified by mix design number, provided a copy of the mix proportions are kept on file
at the plant location for a period of 4 years after the use of the mix."
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201-2 STEEL REINFORCEMENT FOR CONCRETE
No changes.
203-6 and 4004 ASPHALT CONCRETE
i)
Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type 111 C3-AR 4000.
Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete "and from the Engineer's field laboratory."
Last paragraph, add after D 2172: "method A or B."
Modify Section 203-6.8, Miscellaneous Requirements, as follows:
Add the following: "Open graded asphalt concrete stored in excess of 2 hours, and an
other asphalt concrete stored in excess of 18 hours, shall not be used in the work."
Modify Section 400-4.1, General, as follows:
Second paragraph, amend to read: "Unless otherwise specified, AR-4000 paving grad
asphalt shall be used for Type 111 asphaltic concrete, and AR-8000 paving grade asphal
shall be used for asphalt concrete dikes."
Modify Section 400-4.2.4, Fine Aggregate, as follows:
Add: "The total amount of material passing the No. 200 sieve shall be determined b
washing the material through the sieve with water. No less than 1/2 of the materi:
passing the No. 200 sieve by washing shall pass the No. 200 sieve by dry sieving."
Add the following paragraph: "Fine aggregate shall be tested for soundness in accordanc
with ASTM D-1073, and shall not exceed fifteen percent (15%) loss by weight."
Modify Section 400-4.3, Combined Aggregates, as follows:
First paragraph, add: "ASTM D2419 Test Method may be alternated for Test Method Nc
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SIEVE
SIZES
1" (25 mm)
3/4" (1 9 mm)
1/2" (13 mm)
3/8" (10 mm)
No. 4
No. 8
No. 30
No. 22
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Asphalt Yo
B2 B3
INDMDUAL MOVING INDMDUAL MOVING 1
TEST RESULT AVERAGE TEST RESULT AVERAGE
100 100 100
90-100 90-100 95-1 00
80-90 85-100 85-95
60-75 60-84 65-80
40-55 40-60 45-60
27-40 24-50 30-45
12-22 11 -29 15-25
3 -6 1-9 3-7
100
87-1 00
75-95
50-80
30-60
22-44
8-26
1-8
4.6-6.0 4.6-6.0
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After the last paragraph, add the following:
The aggregated from each separate bin for asphalt concrete, Type 111, except for the bin
containing the fine material shall have a Cleanness Value as noted in the added "Table of
Sand Equivalent and Cleanness Values" and as determined by Test Method No. Calif. 227,
modified as follows:
Tests will be performed on the material retained on the No. 8 sieve from each bind and
will not be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loading oi
the entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch diameter
No. 8 sieve.
Where a coarse aggregate bind contains material which will pass the maximum sizi
specified and be retained on a 3/8 inch sieve, the test specimen weight and volume o
wash water specified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after discharg
from each bin of the batching plant or immediately prior to mixing with asphalt in the cas
of continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately computet
and reported.
Modify Section 400-4.4, Storing, Drying and Screening Aggregates, as follows:
After fifth paragraph, add: "When the Contractor adds supplemental fine aggregate, eac
such supplemental fine aggregate used shall be stored separately and kept thoroughly dr
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204-1 LUMBER AND PLYWOOD
Header for bituminous pavement shall be construction grade Redwood, or treat€
construction grade Douglas Fir.
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204-2 TREATMENT WITH PRESERVATIVES
No change.
207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required under Paragraph 3,207-2.1, is waive
210-1 PAINT
Paint for striping shall be white.
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111. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
m
I CONSTRUCTION FOR CONSTRUCTION METHODS
301-2 UNTREATED BASE
No change.
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A prime coat is not required for this contract. A seal coat is required and shall conform
the Section 302-5.9 of these supplemental provisions.
Modify Section 302-5.1, General, as follows:
Paragraph 1 , replace 'Section 203-6" with "Section 400-4."
Last paragraph, add: "All testing of underground installations at any given point shall bt
completed before the surfacing is placed at that point."
Modify Section 302-5.2, Prime Coat, as follows:
After "grade Sc-250" add "or MC 70."
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
Modify Section 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
'Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Engineer
After last paragraph, add: YJnless directed by otherwise the Engineer, the inhi:
breakdown rolling shall be followed by a pneumatic-tired roller as described in th
Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price bid fc
asphalt concrete.
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Add the following:
302-5.9, Seal Coat
All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The seal coat
shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asphaltic
emulsion shall be mixing type conforming to Section 203-3, "Emulsion Asphalt." Sand shall
be clean and dry.
Immediately before applying asphaltic emulsion, the surface to be seal-coated shall be
thoroughly cleaned of all dirt and loose material. Asphaltic emulsion shall not be appliec
when the street is overly wet or when the atmospheric temperature is below 50 degree:
Fahrenheit.
The asphaltic emulsion shall be applied by use of a power spraying device that unifonnlj
applies the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard. Thc
distributor spray bar shall be equipped with asphaltic emulsion-type spray jets. Curbs
gutters, and other adjoining improvements shall be carefully protected from the emulsion
and any such improvements spattered or touched with emulsion shall be carefully cleaned
Immediately after the application of asphaltic emulsion, a cover coat of sand shall b
spread at the rate of 6 to 12 pounds per square yard. After the sand has been spread, an
piles, ridges, or uneven distribution shall be broomed to maintain an even layer over th
surface. Five days after the seal coat has been applied, the surface shall again be broomel
and any excess sand shall be picked up and removed from the job. The Engineer ma
authorize the sand to be broomed, picked up and removed from the job after 2 or mor
days.
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303-2 AIR-PLACE CONCRETE 1 No changes.
306-1 OPEN TRENCH OPERATIONS
18" RCP shall have a minimum cover of one (1) foot below finished grade. Bedding m:
be aggregate base per these specifications.
Compaction shall be a minimum of 90% density and backfill shall be mechanical
compacted.
310-5 PAINTING VARIOUS SURFACES
Modify Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and Cu:
Markings, as follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid documen I
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JV. SUPPLEMENTAL PROVISIONS FOR
CONSTRUCTION MATERIALS
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SPECIFICATIONS FOR:
BASEBALL BACKSTOP AND 750’ OF FENCING
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The fabric on the vertical portion of backstop, dugout (field side), and 30’ beyon
dugouts shall be 6 ga.
e The fabric for the outfield fence and the hood portion of the backstop shall be
All chain link will be woven I .75” mesh and galvanized after fabrication. Fabric
ga-
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have knuckled finish top and bottom edges.
All fences shall be installed with a top and bottom rail.
The fabric shall be placed on the playing field side of the posts and shall k
installed so that the top edge projects over the top rail of the fence. The fabi
shall be stretched taut and securely fastened to the posts and to top and botto
rail.
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All top rails, bottom rails, and required bracing shall be welded in place.
A 3’ wide gate shall be installed in the middle of the outfield fence (approximati
350’ from left field end post).
The fence shall be installed along the top of the bank, located inside all irrigat
The length of the outfield fence to be 750’.
valves and heads, exact location to be determined by City representative.
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1. Top rail galvanized 1-7/8" 0.1
2. Post, galvanized steel : 5-9 / 16'
3. Chain link fabric 9 ga., 1-3/4
galvanized with 1 /4" x 3/4" st
bars, knuckled selvage, top a
4. Chain link, 6 ga. 1-3/4" mesh
galvanized with 1/4" x 3/4" si
bars knuckled selvage, top ar
5. Rail, offset fitting at post to
field side of post 1-5/8" O.D.
6. 2 x 10 S45 Douglas Fir, Gradi
7. (2) 3/8" dia. galvanized carri
per 2 x 10, tac weld end to F
removal of threaded nuts.
Galvanized angle fitting - we1
and overhang.
2-1/2" x 2-1/2" x 3/16" galva
steel angle. Weld to post.
11. Galvanized center support @
planking area 3/16'' x 2".
8. Galvanized end gap.
9.
10.
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July 14, 1995
Lightning Fence Company
11125 Saiinders Court San Diego, CA 92123
RELEASE OF REMAINING BOND8 FOR PROJECT NO. CSD-0010 - AVIARA 01
MIDDLE SCHOOL PLAY FIELDS BACXSTOP/FENCING
Per instructions from our Community Services Department, we B
hereby releasing the following bonds for the above-referenc
pro j ect :
Labor & Materials Bond No. 3SM80292300 American Motorists Insurance Co. $18,437.00
Performance Bond Xc. 3SM80292300
American Motorists Insurance Co.
(Warranty) Remaining $9,218.50
The bonds; are enclosed so that you can return them to your suret
&x% Assistant; Ci Clerk
Encs.
c: Doug Duncanson, Com. Sew.
1200 Carlshad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28(
0 a
July 5, 1995
TO: ASSISTANT CITY CLERK - KAREN KUNDTZ
FROM: Parks Superintendent
BOND RELEASE - CONTRACT NO. CSD - 0010
AVIARA OAKS MIDDLE SCHOOL BACKSTOP/FENCING
Please release all remaining performance and materials bond funds for the Aviara
Oaks Middle School Backstop/Fencing project, Contract No. CSD-0010. The project
was completed by Lightning Fence Company of San Diego. Please note the new
address for Lightning Fence Company, 9974 Scripps Ranch Blvd., San Diego, CA
92131.
uired, please contact me at your convenience.
C: Aviara Oaks File
__..-->-- . a e
x January 10, 1995
Lightning Fence Company
11125 Saunders Court
San Diego, CA 92131
Re: Bond Release - Contract No. CSD-0010 - Aviara Oaks Middle’
School Play Fields Backstop Fencing
The Notice of Completion for the above-referenced project has
recorded. Therefore, we are releasing ‘75% of the Performance Bond. Please consider this letter as your notification that $27,655.50 of American Motorist:s Insurance Co. Bond No. 3SM-802-923-00 is hereby released.
A copy of the recorded Notice of Completion is enclosed for your records.
.
de& Assistan Ci Clerk
Enc.
c: Doug Duncanson, Corn. Services-
__ _--
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January 10, 1995
Lightning Fence Company
11125 Saunders Court San Diego, CA 92131
Re: Bond Release - Contract No. CSD-0010 - Aviara Oaks Midc
School Play Fields Backstop Fencing
The Notice of Completion for the above-referenced project h recorded.. Therefore, we are releasing 75% of the Performance Bon
Please cclnsider this letter as your notification that $27,655.50
American Motorists Insurance Co. Bond No. 3SM-802-923-00 is here released.
A copy Of the recorded Notice of Completion is enclosed for yo
records. &*x@ Assistan: Ci Clerk
Enc.
c: Doug Duncanson, Com. Services
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C
* * Recording requesled by:
CITY OF CARLSBAD
When recorded m'ail to:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
City Clerk : 383
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