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HomeMy WebLinkAboutMACO SERVICES; 1991-09-03; 3367Recording requested by: )-) 887 • CITY OF CARLSBAD ) ) When recorded mail to: ) ) City Clerk ) ) ) City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ) Space above for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was compieted on November 26, 1991. 6. The name of the contractor, if any, for such work of improvement is Maco Services, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 3367, Street Light Installation on portions of Carlsbad Boulevard, Cannon Road, Tierra Del Oro, and Shore Drive. 8. The street address of said property is NONE. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on January 28 , 1992, accepted the above .described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 2 9 , 1992 at Carlsbad, California. CITY OF CARLSBAD {w:tl,_ d: ~ ALETHA L. RAUTENKRANZ City Clerk EXHIBIT 2 CITY OF CARLSBAD PROJECT: STREET LIGHTS FOR CARLSBAD BLVD. CONTRACT CHANGE ORDER NO. 2 CONTRACT NO. 3367 P.O. NO. 12408 ACCOUNT NO. 300-820-1890-3367 CONTRACTOR: MACO SERVICES ADDRESS: __ -=l~0=l=l=lA=---=-PR~O~S~P=E=C=T~A=V~E=NU~E=--------------- SANTEE CA. 92071 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order. includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between City and Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the city Manager and/or the Mayor. Item 1: Abandon 40' portion of conduit along north side of Cannon Road at SDG&E driveway. Re-route conduit run into street and continue installation along edge of pavement . Increase to Contract Cost . . . $609.00 Total Estimated Increase to Contract Cost ..•..... $609.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 2 (TWO) CALENDAR DAYS. TRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING (W/P.O. CHANGE REQUEST) FINANCE CONTRACTOR APPROVED BY: CITY OF CARLSBAD PROJECT: Street Lights for Carlsbad Blvd. CONTRACT CHANGE ORDER NO. 1 CONTRACT NO.3367 P.O. NO.12408 ACCOUNT NO.300-820-1890-3367 CONTRACTOR: Maco Services ADDRESS: 10111 A Prospect Avenue Santee, California 92071 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between City and Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conf 1 ict with this change order, shal 1 apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Item 1: Delete installation of "rebar cages" as called for on page 37, item D, of the Special Provisions . Decrease to contract cost Total Decrease to Contract Cost is .. . $750.00 . .. $750.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. DI~TRIBUTION: INSPECTION FILE (ORIGINAL) MUNICIPAL PROJECTS PURCHASING (W/P.O. CHANGE REQUEST) FINANCE CONTRACTOR CfIY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR STREET UGHf INSTAIJ.ATION ON CARLSBAD BOULEVARD, CANNON ROAD, TIERRA DEL ORO STREET, AND SHORE DRIVE CONTRACT NO. 3367 10/3/90 Rev. • • • TABLE OF CONTENTS NOTICE INV[TING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . --- CONTRACTOR'S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 BIDDER'S BOND TO ACCOMPANY PROPOSAL ........................... --- DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . 7 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ........... 8 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CONTRACT -PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 RELEASE FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SPECIAL PROVISIONS ........................................... 37 10/3/90 Rev. • • • City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CTIY OF CARLSBAD CONTRACT NO. 3367 CONTRACTOR'S PROPOSAL 1 The undersigned declares he/ she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 336 7 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Approximate Item Quantity Unit No . Item Description and Unit Price Total 1 Installation of 15 street lights complete in place at LS ~48,500.00 ~48,500.00 Total amount of bid. in words: Forty-eight thousand, five hundred dollars and no cents. Total amount of bid in numbers: $48,500.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). ______ has/have been received and is/are included in this proposal. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions of the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond accompanying: this bid shall become the property of the City of Carlsbad . 10/3/90 Rev. • • • 2 The Undersigned bidder declares, under penalty of perjury, that they are licensed to do business or act in the capacity of a contractor within the State of California and that they are validly licensed under license number 31O65 9 classification A/ c 1 O which expires on 3 I 3 1I92 . This statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. § 7028.lS(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 § 20104. The Undersigned bidder hereby represents as follows: 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 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. Accompanying this proposal is ________ -_--_--_--_-_--_-___________ _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete . 10/3/90 Rev. • • • 3 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted ___________ _ (2) Signature (given and surname) of proprietor, __________ _ (3) Place of Business ____________________ _ (Street and Number) City and State _____________________ _ (4) Zip Code _____ Telephone No. _____________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted ___________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business ____________________ _ (Street and Number) City and State _____________________ _ Zip Code _____ Telephone No. ____________ _ 10/3/90 Rev. 11 J I STATE OF CALIFORNIA COUNTY OF ___ S__:a__:n:.::__:=D_.::::i:..::e::..:;g~o~---- • OFFICIALSEA&, ('.AROL COVEY DAVIS NOTARY PUBLIC . cw.c,na PRINCIP~OFl'fCI• SAN DIEGO COUfdP •• Comm~on uo. • • • IL I ACKNOWLEDGMENT-Corp -Pres & Sec -Wolco1\s Form 222CA-Rev 11· 83 •..• '.' ~983 WOLfQJTS INC !pnceclass 8·?1 On this before me, 9th day of __ _i[_~ th d . -·----··--, in the year 19 9 1 e un ers,g~e~, 1, ~ota0;~~~~ and for said State, personally appeare~ _____ -afttJ- (or pro ed t -·---, personally known to me with v t o me on the basis of satisfactory evidence) to be the persons who executed the in ins rumen! as ----·---Pres1·den1=-_...,...--------""cr----------=see;a-- r-&Sfl8€~1t. of the Corporation therein named, and acknowledged to me that ~h~ Cor ora::;; executed it pursuant to its by-laws or a resolution ot its board of directors. p WITNESS my hand and official sea ··---.... __ , __ ... ::-------·---- STATE OF CALIFORNIA COUNTY OF San Diego ACKNOWLtDGMENl .. Corp ·-Pres & Sec -Wolcol\s Form 222CA-Rev 11·83 0;1983 WOLC011S INC I nee Class 8·21 On this __,9""t""'h.:._. ___ day of ___ _,,J<-'u""l,,_.,_ ______ , in the year 19-2.l., before me, the undersigned, a Notary Public in and !or said State, personatty appeared ***Carol Covey Davis********************************** _______________ and _____________ _ --------------------· ~atly=l<.'ffewfFi~'ffre (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as ***********7~* President and *'~*******10''**Secretary. respectively, of the Corporation therein named. and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors WITNESS my hand and oftl~ s;ai .. ' ' -llluclir. fi({i{;t&;3+----- Notary Public m and for said State. • • • '• • • IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted Maco Services, Inc . (2) Signa~ure E. L. Warner President Title Carol Coveyl)avi Secretary 4 Impress Corporate Seal here (3) Incorporated under the laws of the State of California (4) Place of Business 10111A Prospect Ave. (Street and Number) City and State Santee, CA (5) Zip Code 92071 Telephone No. ( 619) 562-3400 NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY AIL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: E. L. Warner, President George S. Johnson, Vice President ------------------- Carol Covey Davis, Secretary 10/3/90 Rev. • • • 5 DESIGNATION OF SUBCONTRACTORS The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code -"Subletting and Subcontracting Fair Practices Act." No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each sub-contractor. Additional pages can be attached if required: Items of Work (None) Full Company Name Complete Address with Zip Code Phone No. with Area Code 10/3/90 Rev. • • • 6 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Contracting Full Company Name License & No. Carlsbad Business License No.* Amount of Bid ($or%) * Licenses are renewable annually. If no valid license, indicate 'NONE." Valid license must be obtained prior to submission of signed Contracts . 10/3/90 Rev. 7 • BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILfIY Bidder submits herewith a statement of financial responsibility. A balance sheet for the fiscal year ending September 30, 1990 is attached. Additional information is available on request . • • 10/3/90 Rev. • • • MACO SERVICES, INC. BALANCE SHEET COMBINED AS OF 9/30/90 ASSETS CURRENT ASSETS Cash Employee Advances Accounts Receivable-Trade Accts Rec-Trench Trade Accounts Receivable-Other Prepaid Expenses TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Leasehold Improvements Automotive Equipment Construction Equipment Office Equipment Accumulated Depreciation Accumulated Amortization PROPERTY & EQUIPMENT-NET OTHER ASSETS Deposits-Refundable TOTAL OTHER ASSETS TOTAL ASSETS 101,447.67 527.00 393,235.58 67,552.60 10,744.22 26,419.71 1,056.57 92,346.70 132,573.04 20,865.31 156,534.00- 1,024.00- 7,507.00 599,926.78 89,283.62 7,507.00 SEE ATTACHED COMPILATION REPORT PAGE: 1 696,717.40 ============== • • • MACO SERVICES, INC. BALANCE SHEET COMBINED AS OF 9/30/90 LIABILITIES AND CAPITAL CURRENT LIABILITIES Accounts Payable Accrued Payroll Line of Credit Notes Payable-Current Contracts Payable Payroll Taxes Payable Employee W/H-Cr. Union Deferred Tax Liability Deferred Tax Liability Excess Billings over Rev. TOTAL CURRENT LIABILITIES LONG TERM LIABILITIES Long Term Notes Payable TOTAL LONG TERM LIABILITIES EQUITY Common Stock Retained Earnings Retained Earn.-Stock Note Net Income (Loss) TOTAL EQUITY 293,017.15 7,645.07 20,000.00 418.84 16,74Q.55 7,387.11 1,593.00 10,334.00 30,529.00 118,493.00 32,936.81 10,000.00 335,204.54 101,000.00- 86, 581. 67- TOTAL LIABILITIES AND CAPITAL 506,157.72 32,936.81 157,622.87 SEE ATTACHED COMPILATION REPORT PAGE: 2 696,717.40 -------- • • • 8 BIDDER'S STATEMENT OF TECHNICAL ABILfIY AND EXPERIENCE 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. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract See attac hed experience li pt. 10/3/90 Rev. • YEAR COMPLETED 1990 1990 1990 1990 1990 1990 1990 1990 1990 1990 TYPE OF WORK, CONTRACT/PROJECT NO. Poway Community Park Improvements (Site Lighting) Carlsbad Blvd./Elm Ave. -Phase II Midway Post Office Improvements (#059986-89-B-0092) Hillcrest Post Office Improvements (#059986-89-B-0086) J St., Second Ave., Island Ave. & Third Ave. Improvements (AC 9000070) Coast Blvd. Improvements Flashing Beacons at Various (213-76-7990) Vine & Cactus Street Improvements (Activity #R90250) First & Meyers Parking Lot (101-75-9360) Sixth to Ninth Parking Lot (101-75-9310) MACO SERV.S, INC. COMPLETED COACTS LIST VALUE $ 53,659 $ 221,500 (Subcontract) $ 22,800 (Subcontract) $ 2,250 (Subcontract) $ 37,785 (Subcontract) $ 9,131 (Subcontract) $ 33,280 $ 41,006 (Subcontract) $ 55,120 (Subcontract) $ 47,075 (Subcontract) LOCATION Poway, CA Carlsbad, CA San Diego, CA San Diego, CA San Diego, CA Del Mar, CA Oceanside, CA Lakeside, CA Oceanside, CA Oceanside, CA OWNER City of Poway • Roger Trefry, Inspector (619) 748-6600 ext. 226 City of Carlsbad Gary Kellison, Mun. Projects (619) 438-1161 United States Postal Service Mark Suchil, Maint. Supt. (619) 574-5206 United States Postal Service City of San Diego Redevelopme Gary Lipska, Proj. Engineer (619) 931-1022 City of Del Mar John Powell & Associates (619) 753-1120 City of Oceanside Paul Pace, Project Engineer (619) 966-4735 County of San Diego Bill Barber, Project Manager (619) 694-3087 City of Oceanside Morin, Engineering (619) 966-4720 City of Oceanside Robert Morin, Engineering (619) 966-4720 • YEAR COMPLETED 1991 1991 1991 1991 1991 TYPE OF WORK, CONTRACT/PROJECT NO. Trolley Barn Park Development (W/O #118923) Parking Lot Repair, Lots 49 & 51 (W/O #GFA 515) NOSC Parking Lot, Building 200 (N68711-90-C-2013) Flashing Beacon & Safety Lighting System, Fury Lane (1C1016) Repair & Upgrade Preble Field, NTC (N6871--90-C-6206) MACO SER'i.ES, INC. COMPLETED CRACTS LIST VALUE $ 65,100 (Subcontract) $ 14,000 (Subcontract) $ 15,800 (Subcontract) $ 10,965 $ 16,008 (Subcontract) LOCATION San Diego, CA San Diego, CA San Diego, CA La Mesa, CA San Diego, CA OWNER City of San Diego • Royal Manaka, Proj. Manager (619) 696-3305 State of California, GSA Harry Hill, Project Manager (916) 445-3849 U. S. Navy D. V. Pate, Contr. Officer (619) 553-3838 County of San Diego Gil Scott, Resident Engr. (619) 281-0492 U. S. Navy ROICC (619) 556-1807 • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WIT1-I BID State of California ) ) ss. County of San Diego ) E. L. Warner being first duly sworn, deposes (Name of Bidder) 9 and says that he ~ is ___ P_r_e_s_i_d_e_n_t _________________ _ (Title) of Maco Services, Inc. ----------------------------------(Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone shall refrain from bidding that the bidder has not in any manner, directly or indirectly, sought by agreement communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to fix any overhead, profit, or cost element of advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 9th day of ~: , 1991. z // ~2/L- Signature of Subscribed and sworn to before me on the 9th day of __ J_u_l_y ____ :, 19 91. (NOTARY SEAL) • . . OFFICW.IIM, CAROL COVEY IAVIS NOTARY PUBLIC ..... PRINCIPAL OflllCI • SAN DIEGO CCUlff My Comm1ss1on up. 111G a ltt9 10/3/90 Rev. • • STATE COMPENSATION INSURANCE FUND P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JULY 2, 1991 POLICY NUMBER: CERTIFICATE EXPIRES: r CITY OF CARLSBAD 1076619 -91 6-1-92 ATTN: PURCHASING DEPARTMENT 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008-1989 JOB: STREET LIGHT ON CARLSBAD BLVD & OTHER STREETS L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. r L EMPLOYER MACO SERVICES, INC . 10111 PROSPECT AVE #A SANTEE CA 92071 R SCIF 10262 (REV. 10-86) PRESIDENT OLD 262A ·~-=~~~-U'.I -;, ,;;:,w:n:t .~L~J;~ttc=~~:m=::':::~111 [~~ht :n,-t "Y;·o·A• .. ;•· 1;.J;f .·,;/,;•,·,, :r:;::t ",,...;,;,.,. --=-r :,.>·•'~',IS!:·'' ;'·1 G;i} CITY OF CARLSBAD ~-I ::I . n' :· ~ · 1200 ELM AVE CARLSBAD, CA 92008 (619/ 434·2882 •~-I-I I --...1 , · · 1j '•·i: BUSINESS LICENSE ,,,. :Ji t ,:;! di ISSUED TO (BUSINESS OWNER): NO. 523··•00:.•'~'1 .. _1· ''I 1_: tif1 . ! I t,fl ''ARNER E L i I i ! JI 1 0 1 1 1 A P R OS PE CT A VE . :J: , :: L I CE N 8 E MU ST BE PO STE D O N \ Ii W I I '·. !· .. 1i ! 11 s ANTEE , CA 9 2 0 7 1 6 1 9 -5 G 2 -3 4 0 0 l Ii ~· Bus I NE s s p R EM I s Es . : i~/ TO CONDUCT THE (BUSINESS CLASSIFICATION): t~! ' f :i GENER AL CONTRA CT OR 1 5 ~~i , . j NOT I FY 8 US I NE S S L I CE NS E OFF I CE ,, ':····.i.W BUSINESSAS(DBA,BUSINESSN,4.ME) '.!-.·.! ~"Ji IF YOU CHANGE LOCATION OR CEASE b \1 MACO SERVICES INC. ' '. OPERATION. ~i LOCATED AT (BUSINESS LOCATION): , \ 10111 A PROSPECT AVE. :~ ii li ·O: :3ANTEE1 CA 92071 ," 'I ~i i \ FROM: 12/01 /90 TO: 11 /30/9 t /,;, '• i]I NOT TRANSFERABLE-POST !NA CONSPICUOUS F'LACE 1!~ II ~~~~:'0:""1X:4~~--,¼~~~~-~-~~~~~---t?al ·-:-~%i·Mt~~=-1~~r~~~~=-~-~~-t.··_~·>·{~:;; :Ll~ -:'!11i,_"{i<.;•;;7:_ :,:3 :-·~;\{\~;;,,~~ ~·W,~tn:::;Zm&h·~ 1-;t -,:--.-~N[&~•i" .. i·i·;·i-::,:·· m ~~:;~~,. ~[ -LICENSE RESrRrCrroN, NONE WARNER, EL 10533 ANAHEIM DRIVE LA MESA, CA 92041 MAIUNG MACO SERVICES I NC. ADDRESS 10111 A PfrnSPECT AVE. .SANTEE, CA • 92071 1.~: i-!ii :!i;1! ..i· ~i APPLICANT'S COPY -:1 ·----'!~, i '}•i ~-' ::1, it • • • • 10 CONTRACT -PUBIJC WORKS This agreement is made this~ day of~ , 1991, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Maco Services whose principal place of business is 10111 "A" Prospect Avenue. Santee. California 92071 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 2. 3. STREET IJGHf INSf AIJATION ON CARLSBAD BOULEVARD, CANNON ROAD, TIERRA DEL ORO STREET, AND SHORE DRIVE, PROJECT NO. 3367 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the 10/3/90 Rev. • 4. 5. • 6. 7. • 11 City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184. Independent 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 information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: 10/3/90 Rev. • • 8. • 12 A. Material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Change Orders. City may, without affecting the validity of the Contract, order changes, modifications and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized to order changes or extra work is the Project Manager. The written change order must be executed by the City Manager or the City Council pursuant to Carlsbad Municipal Code Section 3.28.172 . 10/3/90 Rev. • 9. 10. 11. • 12. • 13 Immigration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. (A) COVERAGES AND LIMITS -Contractor shall maintain the types of coverages and minimum limits indicted herein: 10/3/90 Rev. • • • 1. 14 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 insureds. 2. Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. (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. 2. 3. 4. The City, its officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability . 10/3/90 Rev. • • • 15 (C) "CLAIMS MADE" POLICIES -If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (F) WAIVER OF SUBROGATION -All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (G) SUBCONTRACTORS -Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS -Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A:V, as specified by City Council Resolution No. 90-96. (I) (J) VERIFICATION OF COVERAGE -Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before work commences. COST OF INSURANCE -The Cost of all insurance required under this agreement shall be included in the Contractor's bid . 10/3/90 Rev. • • • 13. 16 Claims and Lawsuits. Contractor shall comply with the Government Tort Claims Act (Section 900 et seq of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. 14. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference. 16. 17. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract . Affirmative Action. Contractor certifies that in preforming under the purchase order awarded by the City of Carlsbad, he will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. 18. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction . 10/3/90 Rev. STATE OF CALIFORNIA COUNTY OF San Diego OFFICIAL SEAL PATRICIAA. MARTIN NOT ARY ~ SAN DIEGO COUNTY My c..~mission Expires Mf RCH 08, 1994 ACKNOWLEOGMl;NT-Corp -Pres & Sec -WOICOtlS Form 222CA-Rev. 11-83 <<)1983 WOl on IN 'nceclass8-2) STATE OF CALIFORNIA COUNTY OF ___ S_a_n_D_i_· e___,_g-'-o _____ _ • . ' OFflCW.IIAI, CAROL COVEY DAVIS NOTARY PU8UC ·CAI.IFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUN1Y My Comnus.1iell (zp. llasdl 30, 1993 On this 9th day ol --~J~u=l=-.,,_ ______ , in the year 19--21. before me, the undersigned, a Notary Public in and for said State. personally appeared **************Carol Covey Davis********************** ______________ and _____________ _ ____________________ , 'j:l!!f58ffiilly=\fflewFFte=me ( or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as ******'':***** President and*********1:*** Secretary, respectively. of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and offici Notary Public in and for said State. On this 9th day of July . in the year 19 91, before me, the undersigned, a Notary Public in and for said State, personally appeared E. L. Warner -------------~ <!00------------------- ---------------------· personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as _______ President ~ntl------------Secretary, -fe5~t'fely-:-ol the Corporation therein named. and acknowledged to me that the Corporation executed 1I pursuant to its by-laws or a resolution of its board of directors. • .. "' •• • • 19. 17 Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof . NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY All SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) APPROVED TO AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: ~a.1.L:-.JA Deputy City Attorney Maco Services, Inc. Contractor E. L. Warner/ Carol Covey Davis Pri~~ Si~~Q President~etary Title ATTEST: ~~:-· ~ ~'{¾- City Clerk ~ ~~ 10/3/90 Rev. .~V BY:XEROX TELECOPIER 7010; 8-6-91 -,l--6-91 TUE '9:47 9:43AM; • 240'70;~ 2 p_0:2 ROBERT F. DRIVER COMPANY, INC. • COMPl.F..TE lNSURANCl::IBCND SERVICE. August 6 • 1991 Ms. Ruth Fletcher a Purchasl ng Department WCITY OF CARLSBAD 1200 Carleb.ld Vll1age Dr. Carlsbad, Ca. 92008 RE: PROJEC'r NO. 3367 fflEE'l' INSTALLATION ON tARL$&Au ~LVU., CANNON RD., TIERRA DEL ORO ST., AND SHORE DR. Dear Ms. Fletcher: In follow up to cur conversatlon of August 5, 1991 I would llke to confirm that we are not in a position to rcmarket Maco Services to establish an alternative surety market able to meet your rating rcqulrements wl thin a ,;easonab1e tlme trame. TherefoC'e, as addressed 1· I ln m~ letter of July 31, 1991 and in sub~equent conversations. I / ~ respectfully request that you accept the bonds provided by National C -<P ~ Amerlcan Insurance Company. 0 - Sincerely, ROB F. RIVER COMPANY cc: Maco Services, Inc. • • • SPECIAL CASUALTY CUT-THROUGH ENDORSEMENT NO. 8 attached to and made a part of REINSURANCE AGREEMENT NOS. T2243-01/02 between THE CANJ:1..DIAN INSURANCE COMPANY OF CALIFORNIA (hereinafter referred to as the "COMPANY") and NATIONAL REINSURANCE CORPORATION (hereinafter referred to as the "REINSURER") issued on behalf of City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 (hereinafter referred to as the "BENEFICIARY") RELATING TO POLICY NO.: CSP1606161 INSURED: Maco Services, Inc. POLICY PERIOD: Issued By: The insurance afforded by said policy is Reinsured by: Of: From: To: 5/31/91 5/31/92 The Canadian Insurance Company of California 3350 Harbor Boulevard P.O. Box 7350 Costa Mesa, California (herein called the COMPANY) National Reinsurance Corporation 777 Long Ridge Road P.O. Box 10157 Stamford, Connecticut (herein called the REINSURER) $1,000,000 Occurrence COVERAGE: Commercial General LIMITS: $2,000,000 General Aggregate Liability $1,000,000 Products Aggregate WHEREAS, the named BENEFICIARY has heretofore acquired or may hereafter acquire an interest in the captioned Policy issued by the COMPANY, and WHEREAS, the named BENEFICIARY is desirous of assuring that the amount of its interest under such Policy shall be fully paid, and the REINSURER is willing to make payment of the Named BENEFICIARY'S valid claims under such Policy upon the terms and conditions herein contained . NATIONAL REINSURANCE CORPORATION • • • -2- NOW, THEREFORE, in consideration of the named BENEFICIARY accepting the Policies and of other good and valuable consideration, the REINSURER agrees as follows: 1. In the event the COMPANY is declared insolvent by a court of competent jurisdiction and as a result of such insolvency is unable to pay the amount for which it is liable under the liability insurance afforded by the captioned Policy, the REINSURER hereby agrees that it will become liable for and will pay directly to the BENEFICIARY named hereon 100% of any interest the BENEFICIARY may have in the captioned Policy. The REINSURER'S liability, subject always to the coverage limits of the Policy, shall not exceed$ 1,000,000 2. The REINSURER'S obligations to make any such payment shall accrue only after the receipt by the REINSURER of written notice from the BENEFICIARY before termination of the REINSURER'S liability as provided below, indicating the nature of its interest in the Policy, setting forth the default of the COMPANY and the amount payable to the BENEFICIARY, and requiring the REINSURER to pay such amount. 3. Any such payment by the REINSURER shall, to the extent of such payment, be in substitution, satisfaction and discharge of the statutory successor under any reinsurance agreement between the COMPANY and the REINSURER and the REINSURER shall not be subject to duplicate liability because of any payment or payments made under the terms hereof. The REINSURER shall be subrogated to any rights the BENEFICIARY may have in the Policy to the extent of any payment made hereunder by the REINSURER . 4. The REINSURER'S liability under this Endorsement automatically terminates upon the earlier of the following situations: a. the COMPANY receives a Best rating of A:V or better; or b. one year from the date of default with respect to the notification of any change in the respective mailing addresses of the COMPANY and BENEFICIARY unless advised within 60 days of such change. 5. This Endorsement may be cancelled by the REINSURER by mailing to the COMPANY and to the BENEFICIARY at the addresses shown in this Endorsement, written notice stating when not less than 45 days thereafter such cancellation shall be effective. 6. Except as respects the BENEFICIARY'S right to receive payment under this Endorsement in accordance with the provision hereof, in no instance shall any Insured of the COMPANY, any claimant against an insured of the COMPANY, or any other third party have any rights under this Endorsement . NATIONAL REINSURANCE CORPORATION • • • L .. -3- IN WITNESS WHEREOF, the COMPANY and the REINSURER have executed this Endorsement , effective September 3, 1991. NATIONAL REINSURANCE CORPORATION ,,,,.,? l By: ___ -'---"'--'-----~r=~/-{~-'-L~~.__ Title: THE CANADIAN INSURANCE COMPANY OF CALIFORNIA Title: Vice Presia/nt 0/ NATIONAL REINSURANCE CORPORATION • • • OPTIONAi.. ESCROW AGREEMENT FOR SURElY DEPOSITS IN IJEU OF RETENTION 22 This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City'' and __________________________ whose address is -------------------------------hereinafter called "Contractor" and ---· ------------------whose address is -----------------------------_________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the public works contract entered into between the City and Contractor for ____________ in the amount of ____________ dated ___________ _ (hereinafter referred to as the "Contract"). A copy of said contract is attached as Exhibit "A". When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City of Carlsbad and shall designate the Contractor as the beneficial owner. Prior to any disbursements, Escrow Agent shall verify that the present cumulative market value of all securities substituted is at least equal to the cash amount of all cumulative retention under the terms of the Contract. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. Alternatively, the City may make payments directly to Escrow Agent in the amount of retention for the benefit of the City until such time as the escrow created hereunder is terminated . 10/3/90 Rev. • • • 4. 23 Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses any payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the City of the default of the Contractor, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8 . Upon receipt of written notification from the City certifying that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth in Sections 6 thru 8 and 10 . 10/3/90 Rev. • 10 . • • 24 The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title _________________ _ Name _________________ _ Signature, _______________ _ Address, _______________ _ For Contractor: Title, _________________ _ Name. _________________ _ Signature. _______________ _ Address. ________________ _ For Escrow Agent: Title. _________________ _ Name. _________________ _ Signature. _______________ _ Address, ________________ _ 10/3/90 Rev. • • • 25 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title ------------------ Name ------------------ Signature _______________ _ Address ----------------- For Contractor: Title ------------------ Name _________________ _ Signature _______________ _ Address ________________ _ For Escrow Agent: Title ------------------ Name _________________ _ Signature _______________ _ Address ----------------- 10/3/90 Rev. • • • 26 RELEASE FORM THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges payment in full for all compensation of whatever nature due the Contractor for all labor and materials furnished and for all work performed on the above-referenced project for the period specified above with the exception of contract retention amounts and disputed claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ _____________ _ DISPUTED CLAIMS DESCRIPTION OF CLAIM AMOUNT CLAIMED The Contractor further expressly waives and releases any claim the Contractor may have, of whatever type or nature, for the period specified which is not shown as a retention amount of a disputed claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, and work due Subcontractors for the specified period have been paid in full and that the parties signing below on behalf of Contractor have express authority to execute this release. DATED: PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) By:-------------- Title: ---------------- By:----------------- Title: ---------------- 10/3/90 Rev. • • • 27 SUPPLEMENTARY GENERAL PROVISIONS TO SfANDARD SPECIFICATIONS FOR PUBIJC WORKS CONSTRUCTION 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words "shown " "indicated " "detailed " "noted " "scheduled " or words of similar ' ' ' ' ' import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it 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 be understood to mean "as required to properly complete the work as required and as approved by the City Engineer," unless stated otherwise . C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation . 10/3/90 Rev. • • • 28 1-2 DEFINITTONS 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 2-4 CONTRACT BONDS Modify Paragraph 3 as follows: Contractor shall provide two good and sufficient surety bonds. The "Payment Bond" (Material and Labor Bond) shall be for not less than 50 percent of the contract price to satisfy claims of material suppliers and of mechanics and laborers employed by contractor on the project. Add: The Payment Bond and the Performance Bond shall be kept in full force and effect by the Contractor during the course of this project. Both bonds shall extend in full force and effect and be retained by the City for a period of one (1) year from the date of formal acceptance of the project by the City. 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work are the Standard Specifications for Public Works Construction, 1985 Edition, the 1986 supplement, and the January, 1986 Standard Special Provisions, hereinafter designated SSPWC, as issued by the Southern California Chapter of the American Public Works Association, and these General Provisions. The Construction Plans consist of_ sheet(s) designated as City of Carlsbad Drawing No. __ . The standard drawings utilized for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. To Section 2-5.3, Shop Drawings, add: 10/3/90 Rev. • • • 29 Where installation of work is required in accordance with the product manufacturer's direction, the Contractor shall obtain and distribute the necessary copies of such instruction, including two (2) copies to the City. To Section 2-5, add: 2-5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. 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 representative . The Engineer shall have free access to any or all parts of work at any time. Contractor shall furbish Engineer with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost 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 be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. After improper storage, handling or any other reason shall be rejected . 10/3/90 Rev. • • • 30 All backfill and subgrade shall be compacted in accordance with the notes on the plans and the SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Add the following section: 4-1.7 Nonconforming Work The contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy of completeness of the utilities indicated on the Plans is not guaranteed. 5--4 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost 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 to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City . 10/3/90 Rev. • • • 31 6-1 CONSfRUCITON SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at 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. 2. The schedule shall show a complete sequence of construction activities, identifying 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. Additionally, the prime contractor shall submit a schedule identifying shop drawing submittals to the City. If judged by the City to be complete, the City reserves the right to review and return shop drawings within a ten (10) working day period. 3. 4. 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 . 10/3/90 Rev. • 5. 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 the prime contractor and approved by City as to completeness and conformance with the aforementioned provisions. 32 No changes shall be made to the construction schedule without the prior written approval of the Engineer. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. 6-7 TIME OF COMPLETION The Contractor shall begin work within seven (7) calendar days after receipt of the "Notice to Proceed" and shall diligently prosecute the work to completion within sixty-three (63) consecutive days after the date of the Notice to Proceed. • To Section 6-7.2, Working Day, add: • Hours of work -All work shall normally be performed between the hours of 7:00 a.m. and sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Engineer if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of the Engineer. This written permission must be obtained at least 48 hours prior to such work. The Contractor shall pay the inspection costs of such work. 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 repaired or replaced by the Contractor, at his expense . 10/3/90 Rev. • • • 33 Add the following: Claims resolution procedures for claims valued in an aggregate total of $375,000 or less: In the event Contractor files claims for, with, and against City regarding work under this contract, the following claims resolution procedures shall apply. 1. A "pre-litigation" meet and confer procedure shall be undertaken as follows: A. B. For claims of less than $50,000.00, City shall respond in writing to the Contractor's written claim within forty-five ( 45) calendar days of receipt of the claim, or may request in writing, within thirty (30) calendar days of receipt of the claim, any additional documents supporting the claim. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) calendar days after receipt of the further documentation. For claims above $50,000.00 and up to $375,000.00, the City shall respond in writing to all written claims within sixty (60) calendar days within receipt of the claim, or may request in writing within thirty (30) calendar days of the claim, any additional documentation needed to support the claim. The City's written response to the claim, as further documented, shall be submitted to the claimant within thirty (30) calendar days after receipt of the further documentation. 2. If the meet and confer process does not produce an agreement between City and claimant, the claimant may file a claim with the court under the normal procedure for filing such a claim. 6-9 IJOUIDATED DAMAGES Modify this section as follows: If the completion date is not met, the contractor will be assessed the sum of $100 per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages . 10/3/90 Rev. • • • 34 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on City property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. 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 days at the City's request. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFE1Y Add the following to Section 7-10.4, Public Safety: 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all time, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials . 10/3/90 Rev. • • • 35 7-13 IAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, such conditions or modifications established pursuant to Section 1601 of the Fish and Game Code shall become conditions of the contract. 8 FAcrr..mES FOR AGENCY PERSONNEL Delete this section. 9-3 PAYMENT Modify Section 9-3.2, Partial and Final Payment, as follows: Delete the second sentence of the third paragraph having to do with reductions in amount of retention. 10 SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 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 comers 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 . 10/3/90 Rev. • • • 36 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 construction of surveyed item. llWATERFORCONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construction under this contract. The Contractor shall contact the appropriate water agency for requirements. The contractor shall include the cost of water and meter rental within appropriate items of the proposal. No separate payment will be made . 10/3/90 Rev. • • • A. B. C. D. E. F. 37 SPECIAL PROVISIONS Work shall include all trenching from SDG&E service points to lights, conduit, wiring, light poles and luminaires complete in place, foundations, trench restoration and traffic control. All lights shall be high-pressure sodium vapor type. There are eight 22,000 lumen (200w) lights to be installed on Carlsbad Boulevard and Cannon Road, and seven 5,800 lumen (70w) lights to be installed on Tierra del Oro Street and Shore Drive. All street lights shall be installed seven feet behind curb or edge of pavement unless otherwise directed by the Engineer. The street light pole shall be prestressed concrete exposed aggregate, Series 2C2 by Ameron, or equal with an 8'-0" cobra head style mast arm. Anchor bolts shall be as supplied by the manufacturer and shall be set in a rebar cage and poured concrete footing. A cut-off lens shall be used over the light fixture. No direct burial shall be permitted. All foundations shall be formed and poured with 560-C-3250 class concrete . Each street light shall include an approved pull box located at the base of each light and not exceed 200 feet apart. G. Conduit shall be 2-inch diameter plastic. Conduit depth behind curb or edge of pavement shall be a minimum of 17 inches. H. Street lights shall conform to San Diego Regional Standard Drawing Numbers E-1 and E-2 . 10/3/90 Rev. • • • Core 5" dia 12" high (min) Light Standard ---- c:::]C---~-----Hand hole to faca street ~--------===~ POLE MOUNTING HEIGHT HEIGHT 25' ± 2' Z7' :. 1' 28' ±. 2' 30' ±. 1' 23' -O" 26' -9" 26' -6" 30' -O" Revision By Approved Oat• Tabla LAMP SIZE (WATTS) 170 M.V. 100 H.P.S. 90 LP.S. 400 M.V. 250 H.P.S. 180 L.P.S. 70 H.P.S. 150 H.P.S. 560 · C · 3250 P.C.C. Anchor base square or round, add 1' to each dimension for loose soil or soft A: L .. clay conditions. ----------~J ... . , .L:: . Finished Grade Anchor bolts must not protrude. I. 2·. 6" _ l ANCHOR BASE FOUNDATION ;:.. I . ~ .. : ,. Anchor Bolts (4 req.) 1 "x36"x4" hook, galvanized. Usa two leveling nuts with washers (all galv.) on each bolt. SAN DIEGO REGIONAL STANDARD DRAWING RECOIIIIENOEO SY TM( SAN DIEGO REGIONAL STAIIOA~OS COIIIIITTH STREET LIGHTING STANDARD Cflt./t? ~ .J-~ l~7S C--.. R.C.E. 19807 Oa11 DRAWING 1 NUMBER E- • • • ..... Su Detail A © .. . ·•. :•.·._:; ... :•:.'.• Attach ground wire under anchor nut l/2" Rigid stHt Conduit •·. # 8 copper wire grounded to pole steel with lug ::;=o::==-=-11'" 1 1 1 j(D •.:. I . •' : -.-~ •·. • I _._.,;: . r:,~ STEEL CONDUIT NON-METALLIC CONDUIT ANCHOR BASE FOUNDATION (D 314•x 8' copper covtnd stett ground rod. (!) Alternate Ground: 15' no. 4 bare stranded copper wirt, cailtd. (!) Approved IIOIHllltallic conduit. Steel Conduit © Steel conduit. DETAIL A UCONlllOID 1Y TIii SAIi DIEGO lllGIOIIAI. STAIIOAIIDI CQ-TTll t:74./&7.&.,I../ -'"· ms C-11.t.l.tiNi 0.. DRAWING E 2 NUMBER • SAN DIEGO REGIONAL STANDARD DRAWING Revision av Approved Date GROUNDING OF CONCRETE LIGHTING STANDARDS April 19, 1993 Maco Services, Inc. 1011 lA Prospect Ave. Santee, CA 92071 --Cit~ of Carlsbad M•1; • f§¥1•S I I tl¥13' 43 t¼ Q el RE: BOND RELEASE -PROJECT NO. 3367 -CARLSBAD BLVD./CANNON DR./TIERRA DEL ORO/SHORE DR. STREET LIGHTING Per instructions from our Engineering Department, we are hereby releasing the following bond for the above-referenced project: Faithful Performance (Warranty) Bond No. SBP 12115623; Indiana Lumbermens Mutual Insurance Co.; Remaining $12,125.00 The bond is enclosed so that you can return it to your surety. Enc. c: Yvonne, Eng. ***Original letter and bond were returned as undeliverable. On 4/26/93 forwarded them to Robert F. Driver Co, Inc., Bond Dept., 1620 Fifth Ave., San Diego, CA 92101. 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 City of Carlsbad -M•hll4¥i•ilht#31M3rtfil 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 I ttU Maco Services, Inc. 10111A Prospect Ave. Santee, CA 92071 Mf:1CCill.l '121)7:1,2,)t~;~ l'·t;:;a C1f..i·.l2:.l.~lq:;J :MAC• s::;:;;:1.,1:rc:::s INC Mo;:mget~Ff • N~n~[~g~gss J;:~TIJRN Tf1 ·::t~Nti~x April 19, 1993 Maco Services, Inc. 1011 lA Prospect Ave. Santee, CA 92071 --City of Carlsbad M•> I• lft4t•tll; t43i t1G t4; ;11 RE: BOND RELEASE -PROJECT NO. 3367 -CARLSBAD BLVD./CANNON DR./TIERRA DEL ORO/SHORE DR. STREET LIGHTING Per instructions from our Engineering Department, we are hereby releasing the following bond for the above-referenced project: Faithful Performance (Warranty) Bond No. SBP 12115623; Indiana Lumbermens Mutual Insurance Co.; Remaining $12,125.00 The bond is enclosed so that you can return it to your surety. ~~b Assistant t~fe:f Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 To 1 . Joe Federico 2. Richard Cook WjlTE IT -DON'T SAY i! Date }ae,i. /Z- // ~Reply Wanted Fror11 Yvonne Merritt CNo Reply NecessJry Re: Bond Release (Warranty) 3367 Our records indicate that the FAITHFUL PERFORMANCE /Bond/s for the above referenced project will be eligible for release on Z/ 6 /t13 The City Clerk needs written authorization for release. Thank you, Bond/s S8/' /21/562.S Approved By: /-/ .AJ; Date Approved By: RELEASE AUTHOR I ZED BY: 19 f.:5' ~~ f' ~--A..,.....,,.t.,,.,,..._ ___ e_~"'---"'==---1~-~''i-9.J Rl~OK Date Principal Inspector To City Clerk _t._/t_1i..:....;A_~_'3 __ _ October 22, 1992 Maco Services, Inc. 10111A Prospect Ave. Santee, CA 92071 --City of Carlsbad Re: Bond Release -Contract #3367 -Carlsbad Blvd./Tierra Del Oro/Shore Drive Street Lighting , Per instructions from our Engineering D,epartrnent, we are hereby releasing the following bond for the above referenced project: Labor & Materials Bond No. SBP12115623 Indiana Lurnberrnens Mutual Ins. Co. $24,250.00 The bond is enclosed so that you can return it to your surety. Assistant City Clerk Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 .· ,/ To From ~ITE IT -DON'T SAY.! Date ~ Reply Wanted (7 .. Karen Kundtz, Assistant City Clerk O No Reply Necessary ,,,#d-Ct:J cJ2~ c:eJ ,C,' -19 /~ RE: BOND RELEASE INQUIRY -~~3~;7-.~~~~~I ~h/~4iL-Uo00~~ ' --~C¥--r~~~,_,_Q'.::=----~'-'-----='--------Bond for the above-referenced project. Bond No. Thanks, J~ AIGNER FORM NO. 55-032 Project Inspector Date Release Approved: ~ Seniot.f.:z Date · RICHA Principal Inspector PRINTED IN USA i v\~ITE IT -DON'T SAY•• Date To jf(PcM,, /,/' -~ ID Reply Wamed From Karen Kundtz, Assistant City Clerk •No Reply Necessary ~~ RE: BOND RELEASE INQUIRY -~..:;:;;c 3..::i?-;7-~~#., ~ ~.,L-,c;( $&•~, ~ h/ ~ ~ ~ Q0 .~ /4~· --~Czj)-"-~·,t,h:-=-~7'---"t;k:,:__~~-'-..;__-'--':.....__::-~------Bond for the above-referenced project. Bond No. Amount ~,:,L JJ j;. bl' ---~'----=------ Thanks, ~~ AIGNER FORM NO. 55-032 PRINTED IN USA April 21, 1992 Maco Services, Inc. 10111A Prospect Ave. Santee, CA 92071 -• City of Carlsbad M•)Otft=i·Slht¥13103@GI Re: Bond Release -Project No. 3367 -Street Light Installation on portions of Carlsbad Boulevard, Cannon Road, Tierra del Oro, and Shore Drive The Notice of Completion for the above-referenced project has recorded. Therefore, per instructions from our Engineering Department we are releasing 75% of the Performance Bond. Please consider this letter as your notification that $36,375.00 of Indiana Lumbermens Mutual Insurance Company Performance Bond No. SBP-12115623 is hereby released. We are required to retain the remaining 25% for a period of one year. At that time, if no claims have been filed, it will be released. The Labor and Materials Bond will be eligible for release six months from the date of recordation of the Notice of Completion, on August 6, 1992. A copy of the recorded Notice of Completion is enclosed for your records. Assistant City Clerk Enc. c: Yvonne, Eng. 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 .... --Cit~ of Carlsbad K•JU t¥1¥S IJMl3JMB t#UI January 31, 1992 Annette J. Evans, County Recorder P.O. Box 1750 San Diego, CA 92101-2422 Enclosed for recordation are the following described documents: Notice of Completion JHP Construction, Inc., Contractor Contract No. U/M 91-3 Notice of Completion Maco Services, Inc., Contractor Project No. 3367 Notice of Completion Knox Electric, Inc., Contractor Project No. 3345 Our staff has determined that the recordation of these documents is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. Assistant City Clerk Encs. 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808 --iiecording requested by: • - CITY OF CARLSBAD When recorded mail to: City Clerk ) ) ) ) ) ) ) ) City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 ) Space above for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California, 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the property hereinafter described was completed on November 26, 1991 . 6. The name of the contractor, if any, for such work of improvement is Maco Services, Inc. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 3367, Street Light Installation on portions of Carlsbad Boulevard, Cannon Road, Tierra Del Oro, and Shore Drive. 8. The street address of said property is NONE. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on January 28 , 1992, accepted the above -described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 2 9 , 1992 at Carlsbad, California. CITY OF CARLSBAD Wk~ et R~ ALETHA L. RAUTENKRANZ City Clerk EXHIBIT 2