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HomeMy WebLinkAboutManuel Juarez Construction; 1988-10-13; 3263I TABLE OF CONTENTS - Pi - ITEM NOTICE INVITING BIDS PROPOSAL BIDDER'S BOND TO ACCOMPANY PROPOSAL DESIGNATION OF SUBCONTRACTORS BIDDERDS STATEMENT OF FINANCIAL RESPONSIBILITY BIDDERsS STATEMENT OF TECHNICAL ABILITY & EXPERIENCE !@ 1 I 1 1 I 1. I I I I I I P I. I I CONTRACT CONTRACTOR'S CERTIFICATION OF AW-NESS OF LAWS LABOR AND MATERIALS BOND PERFORMANCE BOND SUPPLEMENTARY GENERAL PROVISIONS SPECIAL PROVISIONS FOR CONSTRUCTION MATERIALS CALIFORNIA CONSERVATION CORPS LABOR I I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchas. Officer, City Hall, 1200 Elm Avemue, Carlsbad, California, unl 4:OO P.M. on the 14th day of September, 1988, at which time tl will be opened and read for performing the work as follows: OCEAN STREET BEACH ACCESS STAIRWAY I. I I II I c I. I I I I I 1 I. 1 CONTRACT NO. 3263 The work shall be performed in strict conformity with 1 specifications therefor as approved by the City Council of 1 City of Carlsbad on file with the City Clerk, Reference hereby made to the specifications for full particulars i 1 description of the work. The City of Carlsbad encourages the participation of minority 4 women-owned businesses. No bid will be received unless it is made on a proposal fc furnished by the Purchasing Department. Each bid must accompanied by security in a form and amount required by 1, The bidder's security of the second and third next low1 responsive bidders may be withheld until the Contract has bc fully executed. The security submitted by all other unsuccess bidders shall be returned to them, or deemed void, within . (10) days after the Contract is awarded. Pursuant to . provisions of law (Public Contracts Code Section 4591 appropriate securities may be substituted for any obligat required by this notice or for any monies withheld by the City ensure performance under this contract. The documents which must be completed, properly executed, ( notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4, Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experienc All bids will be compared on the basis of the Enginee Estimate. The estimated quantities are approximate and se solely as a basis for the comparison of bids. The Enginee No bid shall be accepted from a Contractor who has not b licensed in accordance with the provisions of State law. Contractor shall state his or her license number t classification in the proposal. I Estimate is $ 42,740. 1 I P I I[ I c; I I I I I io I Sets of plans, special provisions, and Contract documents may obtained at no cost at the Purchasing Department, City Ha: Carlsbad. The City of Carlsbad reserves the right to reject any or all b and to waive any minor irregularity or informality in such bid: The general prevailing rate of wages for each craft or type worker needed to execute the Contract shall be those determined by the Director of Industrial Relations pursuant the Sections 1770, 1773, and 1773.1 of the California Labor Coc Pursuant to Section 1773.2 of the California Labor Code, current copy of applicable wage rates is on file in the Office the Carlsbad City Clerk. The Contractor to whom the Contract awarded shall not pay less than the said specified prevail. rates of wages to all workers employed by him or her in 1 The Prime Contractor shall be responsible to insure compliai with provisions of Section 1777.5 of the California Labor Cc and Section 4100 et seq. of the Public Contracts Cot llSubletting and Subcontracting Fair Practices Act." The provisions of Part 7, Chapter 1, of the California Labor Cc commencing with Section 1720 shall apply to the Contract work. A prebid meeting will not be held. The site is open for yc inspection at any time. Bidders are advised to verify the issuance of all addenda i receipt thereof one day prior to bidding. Submission of b without acknowledgment of addenda may be cause of rejection 'Bonds to secure faithful performance of the work and payment laborers and materials suppliers each in an amount equal to c hundred percent (100%) and fifty percent (50%), respectively, the Contract price will be required for work on this project. The Contractor shall be required to maintain insurance specified in the contract. Any additional cost of said insurai shall be included in the bid price. Approved by the City Council of the City of Carlsbad, Californ by Resolution No. 88-279, adopted on the 9th day of August, 19: 1. I execution of the Contract. I. I bid. ALu.*b 17. /9&F lZA2?& R6-zdAar-, I Datd Aletha L. Rautenkranz, City Clerk 1 I 1 I I y. I ai 8. I 1. Clear and Grubbing - at L.S. $-e $+ I $P 4. Unclass. excavation - at L.S. $+ 11 5. Block Wall - at 150 S.F. $p& I 6. Handrails - at 580 L.F. $9 1 J 1 I* I CIm OF CARISBAD COWTRACT NO. 3263 I. PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 The undersigned declares he/she has carefully examined 1 location of the work, read the Notice Inviting Bids, examined I Plans and Specifications, and hereby proposes to furnish i labor, materials, equipment, transportation, and servic required to do all the work to complete Contract No. 3263 accordance with the Plans and Specifications of the City Carlsbad, and the Special Provisions and that he/she will take full payment therefor the following unit prices for each il complete, to wit: Item Description with Approximate Item Unit Price or Lump Sum Quantity No . Price Written in Words and Unit Tot; 2. Decomposed Gran- - at 36 Tons * 3. Concrete Structures - at 36 C.Y. 7. 3" ABS or PVC Pipe - at 42 L.F. $* t I 1 I II E 1 I 1. 1 I I I I IC I C. I BASE BID: All labor, material, services and equipment necessi for completion of all the work indicated in the construct. drawings in conformance with the I* Total amount of bid in numbers: $ 35fiF=;, 03 Addendum(a) No(s) . & Q AJ&, . has/have been receii and is/are included in this proposal. The Undersigned has checked carefully all of the above figui and understands that the City will not be responsible for i error or omissions of the part of the Undersigned in making this bid. The undersigned agrees to return four (4) signed copies of 1 contract documents with the required bonds, notary stamps, poi contract documents with the required bonding company (one 1 each bond), and certificate of insurance to the Project Manac no later than seven (7) days from award of contract by the C: Council and receipt of blank bid documents to be supplied by 1 City, The Project Manager may be contact at: CITY OF CARLSBAD, Municipal Projects Department 2075 Las Palmas Drive Carlsbad, California 92009-4859 Attention: Gary Kellison (438-1161, extension 4383) Late delivery of contract documents beyond the seven (7) dz allowed will reduce the time of completion specified in Sect: 6-7 of the Supplementary General Provisions. The Undersigned agrees that in case of default in executing 1 required Contract with necessary bonds and insurance polic: within twenty (20) days from the date of Award of Contract City Council of the City of Carlsbad, the proceeds of check bond accompanying this bids shall become the property of the C: of Carlsbad. Licensed in accordance with the Statutes of the State California providing for the registration of Contractors, Lice] No. .3314%3 Identification C-8 , 6-, 4 t I The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee the City of Carlsbad is personally interested, direct or indirectly, in this Contract, or the compensation be paid hereunder; that no representation, oral or writing, of the City Council, its officers, agents, employees has inducted him/her to enter into tl Contract, excepting only those contained in this form Contract and the papers made a part hereof by 3 2, That this bid is made without connection with i person, firm, or corporation making a bid for the si work, and is in all respects fair and without collusj OF fraud, I. a I E terms: and, Accompanying this proposal is (Cash, Certified Chec c Bond or Cashier's Chec for ten percent (10%) of the amount bi The Undersigned is aware of the provisions of Section 3700 of t California Labor Code which requires every employer to be insui against liability for workers' compensation or to undertake sel insurance in accordance with the provisions of that code, i agrees to comply with such provisions before commencing t performance of the work of this Contract. The Undersigned is aware of the provisions of the State California Labor Code, Part 7, Chapter 1, Article 2, relative the general prevailing rate of wages for each craft or type worker needed to execute the Contract and agrees to comply wj its provisions, t II I I. i I I I I .f C. 6/?- 72L -a 427 &?AHy/9;( TLA,L@Z. CBL Phone Number Bidder's Name 4- 14 -88 Date Authorisd Sipture Authorized Signature I J 4S.sh,~L)csu, /!k Twfi 1/'5 fL CA p- Qk-3 JAJ /&i/; dud Bidder#s Address Type of Organization (Individual, Corporation, c P Partnership) 1 T i E List below names of President, Secretary, Treasurer, and Managc if a corporation; and names of all partners, if a partnership: Y. 1 f /"X? E 1 E I I 1. I 1 1 1 I I I 1. I (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST ATTACHED) (CORPORATE SEAL) - STATE OF CALIFORNIA, COUNTY OF SAN DIEGO ss. On , before me a Notary Public, within and for the County and State, personally appeared to me (or proved to me on the basis ofsatifactory evidence) to be the person whose name is subscribed to the within instru as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged to me tk subscribed the name of the AMWEST SURETY INSURANCE COMPANY thereto as Surety, and his own name as Attl in Fact. SEPTEMBER 14, 1988 , kr JONATHAN MONSOR - I 4 (TC. -=z-==~/ ’i J ,d’ NoTy- ./ OFFlClAC SEAL .-+I:.;;Zi ,’ k -7 - ,,A/ .I ,,, /</~,~,2~’’’, / ’ {A. k.7, LC-., LETCIA GUNZALEZ NOTARY PUBLIC. CALIFORNIA FWNCtPAL OFFEE IN 1,’ St4 OIEGO CWNTV c BOND NO. 1123078-14 / tr * . a* ' .. BIDDER'S BOND TO ACCOMPANY PROPOSAL e KNOW ALL PERSONS BY THESE PRESENTS: ,a That we, Principal, and AMWEST SURETY INSURANCE COMPANY , as Surety ar held and firmly bound unto the City of Carlsbad, California, i an amount as follows: (must be at least ten percent (10%) of th bid amount) for which payment will and truly made, we bind ourselves, ou heirs, executors and administrators, successors or assigns jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if thl proposal of the above-bounden principal for: M, JUAREZ CONSTRUCTION SIX THOUSAND DOLLAFS AND 00/100*** (~6~ooo~o~***) OCEAN STREET BEACH ACCESS STAIRWAY CONTRACT NO. 3263 in the City of Carlsbad, is accepted by the City Council of saic and execute a Contract including required bonds and insurancc policies within twenty (20) days from the date of Award o Contract by the City Council of the City of Carlsbad, being dull notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force anc effect, and the amount specified herein shall be forfeited to the In the event any Principal above named executed this bond as ar individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this1A day of SEPTEMBER , 1988. I City, and if the above bounden Principal shall duly enter inti 0 .. - said City. 9, Corporate Seal (if Corporation) N. JUAREZ CONSTRUCTION AMNEST SURETY INSURANCE COMPWNY Surety && ~,/ --BY: r BY / TidJONATHAN MONSOR ATTY IN FACT (NOTARIAL AC~O~DGEMENT OF - (ATTACH ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS ATTQRNEY IN FACT) 1400 SIXTH AVE SUITE 209 SAN DIEGO CA. 92101 AND SURETY MUST BE ATTACHED. ) 1 -- e / ’ I% AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 $L ,. (818) 704-1111 0 POWER OF ATTORNEY . KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATI does hereby make, constitute and appoint its true and lawful Attorney(s)-In-Fact, with full power and authority for and on behalf of the company as surety, to execute i deilver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obli tions in the nature thereof, as follows: and to bind AMWEST SURRY INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to th, presents, are hereby ratified and confirmed. Thls appointment is made under and by authority of the following provisions of the Laws of the company, which are now in full force and effect: Jonathan Monsor of San Diego, California Unlimited Article Ill. Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president. in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appoint- ment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds. undertakings. recognizances, and suretyship obligations of all kinds: and said officers may remove any such attorney- in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond. undertaking. recognizance. or suretyship obligation shall be valid and binding upon the company (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any sec. retary or assistant secretary; or (ii) when signed by the president or any vice-president or secretary of assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in.fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed I by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, under. taking, recognizance, or other suretyship obligations of the company: and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF. AMWEST SURETY INSURANCE COMPANY has caused these presents lo be signed by its proper 88 19- 0 June day of 9 th ficer, and its corporate seal to be hereunto affixed this Y INSURANCE COMPANY r(ar$n G. CoheK’ Secret STA’TE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss O8 E. J. McKenna On this 9th dayof June A.D.. 19k. personally came before me Karen G - Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE 60 @;nAdNY, CALIFORNIA who executed the above instrument. and they each acknowledged the execution of the same, and being by f duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed tot above instrument is the seal of the corporation. and that said corporate seal and their signatures as such officers were duly affix thority of the board of directors of said corporation. Nofary Put (SEAL) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES - ss CERTIFICATE I, the undersigned. secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, I HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furth more, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power 0 Attorney, are now in force. ., , 88 19- SEPTEMBER /.r, (“-4.c. /Y ZO-LLAJ Secret IZayof SAN DIEGO COUNTY th,s Signed and sealed at n L-4 ‘- ,‘ ${ ,+~0mp0R4+0 :; Ka$en G. Cohen 44. , :q1- , ,’\J‘. @ II I 1 DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of t following listed Contractors in making up his/her bid and tl the subcontractors listed will be used for the work for whj they bid, subject to the approval of the City Engineer, and accordance with applicable provisions of the specifications i Section 4100 et seq. of the Public Contracts Code - llSublettj and Subcontracting Fair Practices Act." No changes may be mz in these subcontractors except upon the prior approval of 1 City Engineer of the City of Carlsbad. The following informat: is required for each subcontractor, Additional pages can 2. t attached if required. s Work Name with Zip Code with Area Coc Items of Pull Company Complete Address Phone No. 1 I 1. d 1 t w 1 s I I. 1 f I DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subb: of all the listed subcontractors as part of the sealed I: submission, Additional pages can be attached, if required. 1. a Type of State Carlsbad Amount Contracting Business of I Full ComPanv Name License & No. License No.* Bid ($ or 5 8 1. 1 1. . 8 3 SI t I ,&&A CA. 7208-3 E io 1E- 8 I #c * Licenses are renewable annually. If no valid license, iridic, tvNONE.'' Valid license must be obtained prior to submission signed Contracts. MhJoaC 3-LhJr2L7 Cor Bidder's Company Name Bidder's Complete iddress /)4E<rLAD@d m7- T2s /4 vl II Aut€@rized$ignature 0 i 1 li 9 s I I 1. I I t I II 1 P I BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statemc of his/her financial responsibility. I. a I. . b a- FINANCIAL STATEMENTS MARCH 18, 1988 PREPARED FOR MANUEL JUAREZ CONSTRUCTION 1148 SHADOW MOUNTAIN TERRACE VISTA, CALIFORNIA 92084 PREPARED BY ESTRIN, SHUMWAY, & GRIFFITHS CERTIFIED PUBLIC ACCOUNTANTS 956 VALE TERRACE SUITE 201 VISTA, CALIFORNIA 92084 \- 3 ESTRIN, SHUMWAY & GRIFFITHS CERTIFIED PUBLIC ACCOUNTANTS 956 Vale Terrace, Suite 201 _F Vista, California 92084 Edward Z Estrin, CPA (6 19) 940-T (619) 940- Miles Shumway, CPA Keith R. Griffths, CPA May 18, 1988 Manuel Juarez Construction 1148 Shadow Mt. Terrace Vista, California 92084 We have compiled the accompanying balance sheet of Manuel Juare Construction as of March 31, 1988 and the related statement o earnings for the three months and the three months then ended i accordance with standards established by the American Institute o Certified Public Accountants. A compilaton is limited to presenting in the form of financia statements information that is the representation of management We have not audited or reviewed the accompanying financia statements and, accordingly, do not express an opinion or any othe form of assurance on them. Management has elected to omit substantially all of the disclosure and the statement of changes in financial position required b: generally accepted accounting principles. If the omittec disclosures were included in the financial statements, they migh. influence the user's conclusions about the company's financia position, results of operations and changes in financial pqsition Accordingly, the financial statements are not designed for thosc who are not informed about such matters. The accompanying financial statements have been prepared solel: from the accounts of Manuel Juarez Construction and they do no' include the personal accounts of the owner or those of any othe operation in which they are engaged. Income from thr proprietorship is reported in the proprietor's federal income ta: return. Accordingly, no income taxes have been recorded in thesc financial statements. & tL& p,- L e: kf- L<<VL/L t'i- i /\ s Lj - I MANUEL JUAREZ BALANCE SHEET PAGE MAR 31, 1988 - ASSETS CURRENT ASSETS CASH IN BANK - CHECKING 28,803 ACCOUNTS RECEIVABLE 52 , 000 --------------- TOTAL CURRENT ASSETS 80,803 PROPERTY & EQUIPMENT FURNITURE AND FIXTURES 2,400 MACHINERY & EQUIPMENT 962 AUTOS AND TRUCKS 6,800 TOTAL PROP & EQUIP 10,162 LESS ACCUM DEPRECIATION (10,161 ) TOTAL ACCUM DEPREC (10,161 ) --------------- --------------- --------------- OTHER ASSETTS DEPOSITS 250 SUSPENSE 325 TOTAL OTHER ASSETS 575 --------------- --------------- TOTAL ASSETS 8 ------ --. --------. L-- %&ld==$Y$L* SEE ACCOUNTANTS &OMPI&ATION REPORT > MANUEL JUAREZ BALANCE SHEET PAGE MAR 31, 1988 c_ LIABILITIES 61 CAPITAL CURRENT LIABILITIES STATE PAYROLL TAX 556 FEDERAL PAYROLL TAX 2,186 FUI PAYABLE 307 NOTE PAYABLE 2 , 815 NOTE PAYABLE-CAL 1ST 7 , 925 ACCOUNTS PAYABLE 21 , 000 --------------- TOTAL CURRENT LIAB 34,789 CAPITAL CAPITAL-MANUEL JUAREZ 15 , 426 DRAWING-MANUEL JUAREZ (11,465 ) NET INCOME OR (LOSS) 42 , 629 --------------- TOTAL CAPITAL 46 , 590 --------------- a TOTAL LIAB & CAPITAL -_------ ---- ---- L--L *39&&p&zz yAc- SEE ACCOUNT ANTS^ COMPILATION REPORT ? MANUEL JUAREZ STATEMENT OF EARNINGS PAGE JAN 1, 1988 THREE MONTHS EN MAR 31, 1988 % MAR 31, 1988 "----- INCOME FEE INCOME 166 , 738 100.0 166 , 738 TOTAL INCOME 166,738 100.0 166 , 738 --------------- --------------- --------------- --------------- COST OF SALES MATERIALS 54 , 669 32.8 54 , 669 DIRECT LABOR 38 , 540 23.1 38,540 OUTSIDE LABOR 6,093 3.7 6,093 OUTSIDE SEVICE-TOTH 8,088 4.9 8 , 088 PLANS AND PERMITS 295 .2 295 107,684 TOTAL COST OF SALES 107,684 64.6 --------------- --------------- --------------- --------------- GROSS PROFIT 59 , 054 35.4 59,054 --------------- --------------- \-I ON REPORT - MANUEL JUAREZ STATEMENT OF EARNINGS PAGE I-- JAN 1, 1988 THREE MONTHS EN MAR 31, 1988 % MAR 31, 1988 GENERAL .& ADMIN EXP 922 ACCOUNTING & LEGAL 922 96 .1 96 ADVERTISING 800 AUTO EXPENSE 800 120 EQUIPMENT RENTAL 4,883 2.9 4 , 883 853 INSURANCE - W/C 3,303 2.0 3 , 303 184 INTEREST 184 46 .o 46 OFFICE EXPENSE 404 REPAIRS & MAINTENANCE 404 63 .o 63 SHOP SUPPLIES 200 TAXES - PAYROLL 3 , 970 2.4 3,970 582 TELEPHONE 582 TOTAL GEN & ADMIN EXP 16,425 9.9 16 , 425 .6 .5 .1 .5 .1 .3 .1 .4 BANK CHARGES 120 INSURANCE - GENERAL 853 TAXES - LICENSES 200 --------------- --------------- --------------- --------------- NET OPERATING INCOME 42 , 629 25.6 42,629 NET PROFIT OR (LOSS) 42 , 629 25.6 42 , 629 --------------- --------------- --------------- -_---_--------- --------------_ --------------- ,- %%w-eQp@yJ Y SEE ACCOUNTANTS' COMPILATm REPORT # I 8 # 1 J t I I t 5. E 1 a BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar charact to that included in the proposed Contract he/she has successful performed and give references, with telephone numbers, which wj enable the City to judge his/her responsibility, experience E skill. An attachment can be used, if notarized or sealed, C. Name and Phone Amount of a 8. - I ~ignaturg rc) t 8 # @ 1 3 I CONTRACT - PUBLIC WORKS This agreement is made this /ds day of @.b&d , 1988, by z between the City of Carlsbad, California, a municig corporation, (hereinafter called I1Cityl@) , and Yanuel Juarez Construction whose princi a1 place of business is Vista, CA 920f3 (hereinafter called "Contractor" e ) City and Contractor agree as follows: 1. Descrbtion of Work. Contractor shall perform all wc E. 1148 Shadow Mtn. Terrace .= specified in the Contract documents for: OCEAN STREET BEACH ACCESS STAIRWAY PROJECT NO. 3263 (hereinafter called rrprojecttr) 2. Provisions of Labor and Materials. Contractor shall provj all labor, materials, tools, equipment, and personnel perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of tf Contract; the bid documents, including the Notice Bidders, Instructions to Bidders t and Contractor Proposals; the Plans and Specifications, the Sped Provisions, and all proper amendments and changes me thereto in accordance with this Contract or the Plans E Specifications, and the bonds for the project; all of whj are incorporated herein by this reference. The Contractor, her/his subcontractors, and materie suppliers shall provide and install the work as indicatc specified, and implied by the Contract documents. Any it€ of work not indicated or specified, but which are essentj to the completion of the work, shall be provided at t Contractor's expense to fulfill the intent of se documents. In all instances through the life of t Contract, the City will be the interpreter of the intent the Contract documents, and the Cityls decision relative said intent will be final and binding. Failure of t Contractor to apprise her/his subcontractors and materiz suppliers of this condition of the Contract will not relic her/him of the responsibility of compliance. 4. Payment. All full compensation for Contractor's performar of work under this Contract, City shall make payment to t Contractor per Section 9-3 of the Standard Specificatic for Public Works Construction. The closure date for ez monthly invoice will be the 30th of each month. s I. I I n I. 0 1 E I P t E 1 31 I 1 I 1. I i It I t I I 8 Invoices from the Contractor shall be submitted according the required City format to the City's assigned projc manager no later than the 5th day of each month, Payme1 will be delayed if invoices are received after the 5th each month. The final retention amount shall not released until the expiration of thirty-five (35) dz following the recording of the Notice of Completion pursuz to California Civil Code Section 3184. Independent Investigation of the jobsite, the sc conditions at the jobsite, and all other conditions tl might affect the progress of the work, and is aware of thc conditions. The Contract price includes payment for t work that may be done by Contractor, whether anticipated not, in order to overcome underground conditions. information that may have been furnished to Contractor City about underground conditions or other job conditions for Contractor's convenience only, and City does not warr( that the conditions are as thus indicated. Contractor satisfied with all job conditions, including undergrol conditions and has not relied on information furnished City. 6. Contractor Responsible for Unforeseen Conditio] Contractor shall be responsible for all loss or dam arising out of the nature of the work or from the action the elements or from any unforeseen difficulties which arise or be encountered in the prosecution of the work un its acceptance by the City. Contractor shall also responsible for expenses incurred in the suspension discontinuance of the work. However, Contract shall not responsible for reasonable delays in the completion of work caused by acts of God, stormy weather, extra work, matters which the specifications expressly stipulate will borne by City. 7. Chanse Orders. City may, without affecting the validity the Contract, order changes, modifications and extra w by issuance of written change orders, Contractor shall m no change in the work without the issuance of a writ change order, and Contractor shall not be entitled compensation for any extra work performed unless the C has issued a written change order designating in advance amount of additional compensation to be paid for the wo If a change order deletes any work, the Contract price sh be reduced by a fair and reasonable amount. If the part are unable to agree on the amount of reduction, the w shall nevertheless proceed and the amount shall determined by litigation or arbitration when so mutua agreed. The only person authorized to order changes extra work is the Project Manager. The written cha order must be executed by the City Manager if it is $5,000.00 or less or approved by the City Council E. a 5, Independent Investiaation. Contractor has made i P tr I T I I I I E. I I I N E P 1 executed by the Mayor if the amount of the change orc exceeds $5,000.00. 8, Immiaration Reform and Control Act. Contractor shall com1 with the requirements of the llImmigration Reform and Conti Act of 1986" (8 USC Section 1101-1525). 9. Prevailina Wase. Pursuant to the California Labor Code, t director of the Department of Industrial Relations h determined the general prevailing rate of per diem wages accordance with California Labor Code, Section 1773 and copy of a schedule of said general prevailing wage rates on file in the office of the Carlsbad City Clerk, and incorporated by reference herein. Pursuant to Califorr; Labor Code, Section 1775, Contractor shall pay prevaili wagers. Contractor shall post copies of all applicak prevailing wages on the job site. PO. Indemnity. Contractor shall assume the defense of, pay a expenses of defense, and indemnify and hold harmless t City, and its officers and employees, from all claim loss, damage, injury and liability of every kind, nature a description, directly or indirectly arising from or connection with the performance of the Contractor or wor or from any failure or alleged failure of Contractor comply with any applicable law, rules or regulatio including those relating to safety and health; except f loss or damage which was caused solely by the acti negligence of the City; and from any and all claims, 10s damages, injury and liability, howsoever the same may caused, resulting directly or indirectly from the nature the work covered by the Contract, unless the loss or dama was caused solely by the active negligence of the City. T expenses of defense include all costs and expenses includi attorneys fees for litigation, arbitration, or other dispul resolution method. 11. Insurance. Without limiting Contractor's indemnificatioi it is agreed that Contractor shall maintain in force at a: time during the performance of this agreement a policy ( policies of insurance covering its operations and insuranc covering the liability stated in Paragraph 10. The polic or policies shall comply with the special insuranc instructions in the Supplementary General Provisions ai shall contain the following clauses; Contractor's liability insurance policies shall contain tl. A. "The City is added as an additional insured as respect operations of the named insured performed under contrac with the City." I. a? I following clauses: P 8 I s I z 1 1 1. I 1 I I I I Be "It is agreed that any insurance maintained by the C shall apply in excess of and not contribute wi. insurance provided by this policy.11 All insurance policies required by this paragraph sh, contain the following clause: A. IIThis insurance shall not be cancelled, limited or nc renewed until after thirty (30) days written notice 1 been given to the City.I1 "The insurer waives any rights of subrogation it has may have, against the City or any of its officers employees. If I. B. Certificates of insurance evidencing the coverage requii by the clauses set forth above shall be filed with the C: prior to the effective date of this agreement. 12. Workers' Compensation. contractor shall comply with I requirements of Section 3700 of the California Labor COC Contractor shall also assume the defense and indemnify i save harmless the City and its officers and employees fi all claims, loss, damage, injury, and liability of evc kind, nature, and description brought by any person emplo] or used by Contractor to perform any work under tl Contract regardless of responsibility for negligence. 13. Proof of Insurance. Contractor shall submit to the Cj certification of the policies mentioned in Paragraphs 10 2 11 or proof of worker's compensation self-insurance prior the start of any work pursuant to this contract. 14. Claims and Lawsuits. Contractor shall comply with t Government Tort Claims Act (California Government Cc Section 900 et seq.) prior to filing any lawsuit for brea of this contract of any claim or cause of action for mon 15. Maintenance of Records. Contractor shall maintain and ma available at no cost to the City, upon request, records accordance with Sections 1776 and 1812 of Part 7, Chapter Article 2, of the California Labor Code. If the Contract does not maintain the records at Contractor's princip place of business as specified above, Contractor shall inform the City by certified letter accompanying the retu of this Contract. Contractor shall notify the City certified mail of any change of address of such records. commencing with Section 1720 of the California Labor Co are incorporated herein by reference, I t or damages. B 16. Labor Code Provisions, The provisions of Part 7, Chapter r+ 1 1 1 I 3 E I I 1. I i I c I I 17. Security. Securities in the form of cash, cashierIs chec or certified check may be substituted for any mon. withheld by the City to secure performance of this contri for any obligation established by this contract. Any otl security that is mutually agreed to by the Contractor i the City may be substituted for monies withheld to ens1 performance under this contract. 18. Provisions Rewired bv Law Deemed Inserted. Each and evt provision of law and clause required by law to be inserl in this Contract shall be deemed to be inserted herein i included herein, and if, through mistake or otherwise, i such provision is not inserted, or is not correci inserted, then upon application of either party, 1 Contract shall forthwith be physically amended to make SI insertion or correction. 19. Additional Provisions. Any additional provisions of tl agreement are set forth in the #'General Provisions11 ##Special Provisions1' attached hereto and made a part herec I* Contractor (Sez l&- .ji& p RE2 c 0A-Z s ,f . BY (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS fl MUST BE ATTACHED.) Title k 1 L.CY44kt a APPROVED AS TO FORM: ALIFORNIP ATTEST: f?QNA&D R. ELf4l..&. /o ./I. R ' I 1' 1 .* I : whosename he subscribed to this instrument t and acknowledged that he executed it. 5 U J L 7 -\ 1 I Signaturx =,- _-- WITNESS my hand and official seal. ! ///, A-(2",/// ,I /Jl eJ I\ DPW Form 177 (7/82) (This area for official notarial seal) t 1 P 1 I- I 1. I 8 Contractor J' (d I II z I B I CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY "1 am aware of the provisions of Section 3700 of the Labor Cc which requires every employer to be insured against liability 1 workers! compensation or to undertake self-insurance accordance with the provisions of that code, and I will comr with such provisions before commencing the performance of t I. 1 work of this Contract." hm4\fGd?%< Contractor LJ CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 1 !!I am aware of the requirements of the Immigration Reform i Control Act of 1986 (8 USC Section 1101-1525) and have compl: with these requirements, including, but not limited to, verify: the eligibility for employment of all agents, employe6 subcontractors, and consultants that are included in tl Contract. *I v JR&AC.a/ ch& "I would - would not - (circle one) be interested in using i providing training for personnel from the Califorr Conservation Corps (CCC) on this project . I1 a, nE\ /?fir, l4..,jWf/L4-*- d? \&f7/".? Contractor $ r) I. Car# 4 Year Trade Name Type of Body or Boat Identification Number Chev Pfck up 0965 1982 AUTOMOBILE INSURANCE Bodily Injury Liability Property Damage Liability Medical Payments Underinsured Motorist/Uninsured Motorist Comprehensive (incl. Fire and Theft) Fire and Theft only Collision 0 Uninsured Deductible Waiver Uninsured Collision V.S.I. (Conversion, Embezzlement, Secretion only) WATERCRAFT INSURANCE (Boat) Physical Damage DESCRIPTION OF AUTOMOBILE, BOAT, OR TRAILER “J” indicatc bound ar)d a Car #q LIMITS OF LlABlillTY thousand dollars, each person % thousand dollars, each occurrence X 500 thousand dollars, each occurrence X $5000 * eachperson X Not Less Than $1 5,000 each person/$30,000 each accident (a) Actual Cash Value less $ ’ 0 deductible X (b) Limit of Liability of $ (a) Actual Cash Value less $ (b) Limit of Liability of $ X deductible less $ deductible deductible less 5 (a) Actual Cash Value less $100, deductible X (b) Limit of Liability of $ less $ deductible “J” indicate! bound and a1 LIMITS OF LIABILITY Actual Cash Value not to exceed Limit of Liability of $ less $ deductible STATE INSURANCE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101-0807 COMPENSATION FUN e, CERTIFICATE OF WORKERS' COMPENSATION ONSURANCE SEPTEMBER 28, 1988 POLICYNUMBER. 0477310 - 8 CERTIFICATE EXPIRES: 1-27-89 r CITY OF CARLSBAD ATTN: BUILDING INSPECTION 1200 ELM AVENUE CARL S BAD JOB: ALL OPERATIONS CA 92008 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. -- 0 &LE? - * EMPLOYER r e MANUEL JUAREZ 1148 SHADOW MTN TERRACE VISTA CA 92083 R t SClF 10262 (REV. 10-86) PARKER INSURANCE AGENCY 4550 Kearny Villa Rd. #211 # San Diego, CA 92123 American States Insurance Company Manuel Juarez DBA: MANUEL JUAREZ CONTRACTOR 1148 Shadow Mountain Terrace Vista, CA 92083 ;ED fl>%O\?: FOR TI-32 ‘303-1 ALL OWNED AUTOS SWEDIJLEC PJTOS N3b Ohn,NED AUTOS GA;IAGE LiASILlrY STATUTORY (EACn / (DISEA (DISEA W@RKE3dS‘ CBUXNSWTICK Ei?2PLOVEX$’ Li”mL!T~ DESCRlPTiON OF OPER~TlCNS/LOCATlONSla/EHICL~S/~~STRICTS/SP~CiAL ITEibS Job: Operations of Insured. PLEASE LIST CERTIFICATE HOLDER AS ADDITIONAL IF City of Carlsbad Carlsbad, CA 92008 PIRAi-lON BATE THEPZBiOF, TkE ISSUIXG COMPAkiiV VVCtL EM5 MAIL 30 DAYS WRITTEN NOT^ TO ~1-2~ CEWriw.xTE HOLDER NA: 1200 Elm Avenue I II 1 I 8 I I I 8. I I I ! I I I. I SUPPLEMENTARY GENERAL PROVISIONS 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words 18shown81, II indicatedv1, detailed", llnotec I1scheduledt1, or work of similar import are used, it shall understood that reference is made to the plans accompanying thc provisions, unless stated otherwise. B. Directions: Where words lldirectedll, lldesignatedll, llselectedtl, or words similar import are used, it shall be understood that * direction, designation or selection of the Engineer is intendc unless stated otherwise. The word lgrequiredll and words similar import shall be understood to mean Ifas required properly complete the work as required and as approved by . City Engineer", unless stated otherwise. C. Equals and Approvals: Where the words llequalll, Itapproved equalv1, vlequivalentlt, and si words of similar import are used, it shall be understood si words are followed by the expression Itin the opinion of - Engineer, *I unless otherwise stated. Where the words 'Iapprovec *lapprovalfl, tlacceptancell, or words of similar import are used, shall be understood that the approval, acceptance, or simi import of the Engineer is intended. D. Perform and Provide: The word llperformtw shall be understood to mean that . Contractor, at her/his expense, shall perform all operatioi labor, tools and equipment, and further, including the furnish and installing of materials that are indicated, specified, required to mean that the Contractor, at her/his expense, sh, furnish and install the work, complete in place and ready use, including furnishing of necessary labor, materials, too I. 1 equipment, and transportation. 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California. Engineer - the Project Manager for the City of Carlsbad or 1 approved representative. t 1 I 1 8 t 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work are the Standard SDecificatic for Public Works Construction, 1988 Edition, hereinafl designated SSPWC, as issued by the Southern California Chap1 of the American Public Works Association, and these projt specifications herein supplied. The Construction Plans consist of three (3) sheets designated City of CarIsbad Drawing No. 290-6. The standard drawii utilized for this project are the latest edition of the 5 Diego Regional Standard Drawings, hereinafter designated SDRS, issued by the San Diego County Department of Public Wor3 together with the City of Carlsbad Standards, 1987. To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with t product manufacturer's direction, the Contractor shall obtain z distribute the necessary copies of such instruction, includj two (2) copies to the City Engineer, I. I i To Section 2-5, add: 2-5.3 Record Drawings: The Contractor shall provide and keep up-to-date a complete "a built" record set of transparent sepias, which shall be correct daily and show every change from the original drawings a specifications and the exact "as-builtg1 locations, sizes a kinds of equipment, underground piping, valves, and all 0th work not visible at surface grade. Prints for this purpose n be obtained from the City. This set of drawings shall be kept the job and shall be used only as a record set and shall delivered to the Engineer upon completion of the work, 1. I I a u 1 I I I 4-1 MATERIALS AND WORRMANSHIP To Section 4-1.3-1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or h appointed representative. The Engineer shall have free acce to any or all parts of work at any time. Contractor sha furnish Engineer with such information as may be necessary keep her/him fully informed regarding progess and manner of wo and character of materials. Inspection of work shall not relie Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: I. I 1 I i 8 II I I a. I I 8 8 E II I 1 Except as specified in these Special Provisions, the Agency w bear the cost of testing material and/or workmanship where results of such tests of such tests meet or exceed requirements indicated in the Standard Specifications and Special Provisions. The cost of all other tests shall be bo by the Contractor. At the option of the Engineer, the source of supply of each the materials shall be approved by him before the delivery started. All materials proposed for use may be inspected tested at any time during their preparation and use. If, af trial, it is found that sources of supply which have bl approved do not furnish a uniform product, or if the prod from any source proves unacceptable at any time, the Contrac shall furnish approved materials from other approved sourcj After approval, any material which becomes unfit fee ruse due improper storage, handling or any other reason shall be reject1 All backfill and subgrade shall be compacted in accordance w the notes on the plans and the SSPWC. Compaction tests may made by the City and all costs for tests that meet or exceed . requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deei necessary by the Engineer. The costs of any retests m( necessary by non-compliance with the specifications shall borne by the Contractor. Add the following section: 4-1.9 Nonconforming Work The Contractor shall remove and replace any work not conform to the plans or specifications upon written order by - Engineer. Any cost caused by reason of this nonconforming wc shall be borne by the Contractor. I. 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, b] search of known records, endeavored to locate and indicated the Plans all utilities which exist within the limits of ' work. However, the accuracy of completeness of the utilit indicated on the Plans is not guaranteed. 5-4 RELOCATION Add : The temporary or permanent relocation or alteration of utilitic I. IC I 1 I I I I I I. I 8 I I I I 8. B including service connection, desired by the Contractor 1 his/her own convenience shall be the Contractorls c responsibility, and he/she shall make all arrangements regard: such work at no cost to the City. If delays occur due utilities relocations which were not shown on the-Plans, it w: be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by 1 failure of other parties to relocate utilities which interfc with the construction, the Contractor, upon request to the Cil may be permitted to temporarily omit the portion of work affecl by the utility, The portion thus omitted shall be construcl by the Contractor immediately following the relocation of 1 utility involved unless otherwise directed by the City. I. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor 1 Section 6-1 of the SSPWC at the time of the preconstructj No changes shall be made to the constructj conference. schedule without the prior written approval of the Engineer. I progress payments made after the scheduled completion date shz not constitute a waiver of this paragraph of any damages. Coordination with the respective utility company for removal relocation of conflicting utilities shall be requirements prj to commencement of work by the Contractor. 6-7 TIME OF COMPLETION The Contractor shall begin work within fourteen (14) calenc days after receipt of the ggNotice to Proceedgt and sha diligently prosecute the work to completion with seventy-fc (74) consecutive calendar days after the date of the Notice Proceed. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between t hours of 7:OO A.M. and sunset, from Mondays through Fridays. '1 Contract shall obtain the approval of the Engineer if he/s desires to work outside the hours stated herein, Contractor may work during Saturdays and holidays only with t written permission of the Engineer. This written permission mu be obtained at least 48 hours prior to such work, The Contract shall pay the inspection costs of such work, I I m 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing a "Notice of Completiontt and any faulty work or materiE discovered during the guarantee period shall be repaired replaced by the Contractor, at his expense. I. 1 6-9 LIQUIDATED DAMAGES Add the following: If the completion date is not met, the Contractor will assessed the sum of $100 per day for each calendar day beyond t progress payments made after the specified completion date shz not constitute a waiver of this paragraph or of any damage For purposes of this section, completion is ttsubstantj completiontg and is defined as safe opening of the access way public use. I I I 1 I no I 1 I I 1 I I R completion date as liquidated damages for the delay. 2 7-3 LIABILITY INSURANCE AND 7-4 WORKERS COMPENSATION Modify Sections 7-3 and 7-4 as follows: SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of t contract insurance against claims for injuries to persons damages to property which may arise from or in connection wi the performance of the work hereunder by the Contractor, k agents, representatives, employees, or subcontractors. If t insurance is on a Itclaims madett basis, coverage shall maintained for a period of three years from the date completion of the work. The cost of such insurance shall included in Contractor's bid. The insurance company or compani shall meet the requirements of City Council Resolution No. 8108 A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/7 covering Comprehensive General Liability; and Insurar Service Office form number GL 0404 covering Broad Fc Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/7 covering Automobile Liability, code 1 "any autot1; and I. 1 1 I II I I 111 1. I 8 u I I I I I 3. Worker's Compensation as required by the Labor Code the State of California and Employer's Liabilj Insurance. B. Minimum Limits of Insurance., Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combin single limit per occurrence for bodily injury a property damage. If the policy has an aggregate limi a separate for the risks for which the City or i agents, officers or employees are additional insured, 2. Automobile Liability: $1,000,000 combined single lim per accident for bodily injury and property damage. 3. Worker Is Compensation and Employer's Liabilit Workers' compensation limits as required by the Lak Code of the State of California and Employer's Liabili limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions I. a Any deductibles or self-insured retentions must declared to and approved by the City. the City, either: the insurer shall reduce or elimina such deductibles or self-insured retentions as respec the City, its officials and employees; or the Contract shall procure a bond guaranteeing payment of losses a related investigation, claim administration and defen expenses. At the option D, Other Insurance Provisions The policies are to contain, or be endorsed to contain, t following provisions: 1. General Liability and Automobile Liability Coverages: a, The City, its officials, employees and voluntee are to be covered as insured as respect liability arising out of activities performed or on behalf of the Contractor; products a completed operations of the Contractor: premis owned, leased, hired or borrowed by t Contractor. The coverage shall contain no speci limitations on the scope of protection afford to the City, its officials, employees volunteers. b. The Contractor I s insurance coverage shall primary insurance as respects the City, i A officials, employees and volunteers. 4. I I insurance or self-insurance maintained by t City, its officials, employees or volunteers shz be excess of Contractorts insurance and shall r contribute with it. Any failure to comply with reporting provisions the policies shall not affect coverage provided the City, its officials, employees or volunteers d. Coverage shall state that Contractor's insurar shall apply separately to each insured agair whom claim is made or suit is brought, except wj respect to the limits of the insurer's liabiliti 2. Workerst Compensation and Employers' Liability Coverac The insurer shall agree to waive all rights subrogation against the City, its officials, employe and volunteers for losses arising from work performed Contractor the City. C. I. I I 1 I I I 1. I I I I I I 3, All Coverages Each insurance policy required by this clause shall endorsed to state without qualification that covera shall not be suspended, voided, cancelled, reduced coverage or in limits except after thirty (30) daq prior written notice by certified mail, return recei requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bestst rati of no less than A:XI unless otherwise authorized by Ci I Council Resolution No. 8108. F. Verification of Coverage Contractor shall furnish the City with certificates insurance and with original endorsements affecting covera required by this clause. The certificates and endorseme for each insurance policy are to be signed by a pere authorized by that insurer to bind coverage on its behal The certificates and endorsements are to be in for provided by the City and are to be received and approved the City before work commences. I G. Subcontractors Contractor shall include all subcontractors as insure under its policies or shall furnish separate certificat and endorsements for each subcontractor. All coverages f subcontractor shall be subject all of the requiremer stated herein. I. I I 7-5 PERTrIITS To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends i 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 equipped with mufflers in good repair when in use on the projc with special attention to City Noise Control Ordinance No. 31( Carlsbad Municipal Code, Chapter 8.48. I. I I li I 7-10 PUBLIC CONVENIENCE AND SAFETY 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 t safety of employees on the work and shall comply with e applicable provisions of Federal, State and Municipal safety le and building codes to prevent accidents or injury to persons c about, or adjacent to the premises where the work is bei performed. He/she shall erect and properly maintain at a times, as required by the conditions and progress of the WOI all necessary safeguards for the protection of workers a public, and shall use danger signs warning against hazar created by such features of construction as protruding nail hoists, well holes, and falling materials. 1 I 1. u I I B I I I 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapt If this notice specifies locations or possible materials, such borrow pits or gravel beds, for use in the proposed constructi project which would be subject to Section 1601 or Section 1603 the Fish and Game Code, such conditions or modificatic established pursuant to Section 1601 of the Fish and Game Cc shall become conditions of the contract. 1 11.06, Excavation and Grading. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL Delete this section. I. I I I I 9.3.1 PAyElENT Add the following for concrete and DG base: All bulk materials delivered to the jobsite shall be accompan by a weigh master's certificate listing the weight or volui and the mix design or SSPWC identification. Bulk material UI on the job without correct weight/volume and mater: identification certificates will not be paid for by the City. I. 9-3.2 PAYMENT Delete the second sentence of the third paragraph having to with reductions in amount of retention. 1 I 10 SURVEYING Contractor shall enploy a licensed land surveyor or registel civil engineer to perform necessary surveying for this projec Requirements of the Contractor pertaining to this item are t forth in Section 2-9.5 of the SSPWC. Contractor shall incli cost of surveying service within appropriate items of proposi No separate payment will be made. Survey stakes shall be set and stationed by the Contract01 Surveyor at maximum intervals at twenty (20) feet, at t beginning and ending at ramps and landings and at each abutment Contractor shall provide Engineer with two (2) copies of sun cut sheets prior to commencing construction of surveyed item. B 1. I 1 I I I I I I. I 1 11 WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for wat '1 utilized during the construction under this contract. Contractor shall contact the appropriate water agency f requirements. The contractor shall include the cost of water a meter rental appropriate items of the proposal. No separa payment will be made. I I I I u 1 SPECIAL PROVISIONS The following provisions are in addition to the bel referenced sections of the 1988 SSPWC, 201-1 PORTLAND CEXENT CONCRETE I. Concrete for steps and ramps shail be Class 564-C-3000, with maximum slump of 4 inches, using Type I1 cement. The mix shi contain not less than six sacks of concrete per cubic yard. 201-2 STEEL REINFORCEMENT FOR CONCRETE Steel reinforcement for concrete and masonry work shall consi of 1/2 inch diameter deformed bars of grade 40 or 60 st€ conforming to ASTM A-615. I 207-15, 16, 17 ABS OR WC PIPE PVC or ABS pipe shall be supplied for use as a storm drai Joints shall be glued with gasketed joints. Minimum wa thickness shall correspond with SDR 35. 300-1 CLEARING AND GRUBBING I 1. Clearing and grubbing includes: Demolition of existing broken concrete steps, removal interfering trees, clearing trash and vines, and removal large rock riprap at the foot of the accessway. The rc riprap, 500 lbs. and heavier, may be placed in the existi riprap adjacent to the project site. Smaller rock debris and a other debris shall be removed offsite. 300-1.2 Preservation of Property Existing fences shall be protected and maintained during t construction period. Any damage to private structures shall repaired by the Contractor. 300-1.3 Removal and Disposal of Materials All materials removed shall be hauled to an approved landfil disposal site, 500 lbs. existing granite riprap excepted. 300-5.2 Imported Borrow Imported Borrow shall consist of Decomposed Granite conforming the requirements of section 400-2.3. Disintegrated Granit Imported borrow shall be used as embankment material under t concrete stairs and ramps, and as bedding material in the pi I I I 1 II I 1 1. I I D I 1 I 1 I I. 1 I I 1 I 8 I zone. Payment for imported borrow will be made for in-pl; quantities per cubic yard, Class I1 road base may be substitul at the Contractorls option and at the same unit price. 303-1 Concrete Structures Steps and ramps shall be finished with a strip of wetted burl; Weakened Plane Joints shall conform to Drawing Number G-10 of I Standard Drawings. Joint Sealant shall conform to Section 2( 3.2 of SSPWC. 303-1.10 Curing As soon after the completion of the specified finishi operations as the condition of the concrete will permit, withc danger of consequent damage thereto, all exposed surface shall sprayed with Type 1 curing compound conforming with Subsectj 201-4.1, Should the seal be damaged before the expiration of days after the placing of the concrete, additional impervic membrane shall be immediately applied over the damaged arc Contractor shall protect freshly poured concrete with plastic fabric drop cloths and replace any section subsequently markc scratched, or defaced. 303-1.11 Payment for Concrete Structures Concrete structures include all sidewalk, landings, stail concrete retaining walls, and footings for stairs and blc walls. Any concrete placed in the blockwall above the foot: will be paid as a part of the square foot price of the blc wall. Rebar is included in the price per cubic yard concre 300-2.4 Slides and Slipouts Slides and slipouts resulting from near vertical cuts near t property line shall be the responsibility of the Contractor a no additional payment will be made for slides or slipou repairs. 303-3 Structure Excavation and Backfill Structure Excavation and backfill shall be considered a lump s payment, The Inspector or Engineer may direct the removal unsuitable material and determine the limits of excavation. additional payment for removal of unsuitable material will made unless the limits of removal extend father than one fc vertically or horizontally beyond the limits of excavation identified in the plans, 303-4.1 Concrete Masonry Block Masonry units shall conform to ASTM C90, grade N and shall slump stone of nominal dimensions 6Iv high, 8" thick, and 1 I. I I placed. I. I I I II I 1 I 1 I I I I I SSPWC. i I I* I long. Color shall be integral to the units and approved by t Inspector or Engineer. Grout shall have a slump of 9 5 1 inches and shall be placed all cells, Minimum compressive strength at 28 days shall be 2C psi. Grout mix shall have a minimum of six sacks of cement E cubic yard and aggregate of 3/8" crush rock and sand. All cel shall be cleaned of mortar spillage prior to grouting and shz be puddled after filling, Mortar shall be Type M and have a 28 day compressive strength 1800 psi. A minimum of one part portland cement shall be mi, with 3.5 parts sand and 1/4 part lime to make the mort3 Mortar joints shall have a smooth concave finish. All block work shall be straight and level with even mort joints. Unacceptable work shall be replaced by the Contractc Vertical steel shall be cast integrally with the concrE footing or else dowels of a minimum 15" embedment shall be USE Backfill against retaining walls shall be decomposed granit crush rock aggregate, or road base. Imported backfill materi shall be paid by the cubic yard placed. Concrete footings f the blockwall shall be paid by the cubic yard placed. I. 303-4.1.5 Measurement and Payment Measurement for the Block Wall will be by the square foot a will not include the footing or reinforcing steel. Measureme for the concrete footing will be included as part of the Concre Structure. '* 206-5, 304-2.1 Metal Hand Railings Railing materials shall be welded or seamless steel pipe extruded aluminum as specified in section 206-5.1 of the SSPWC. After erecting the rails, all abrasions or exposed steel sha be repaired. Any field welds shall be ground flush and t damaged paint repaired. Steel railing units shall be galvanized after fabrication accordance with the requirements of subsection 210-3 of t Handrail Paint Paint shall be homogeneous, free of contaminants, and of consistency suitable for the use specified. Paint and pai material shall be appropriate identified with the manufacturer name, date of manufacture, type of paint or paint materia State Specification number, and lot or batch number. I I I I I I I Paint coats shall consist of .primer, intermediate and fin. coats as specified below. A) Primer - Base coat of a sea water resistant epoxy prii 1, Pot life - 8 hours @ 77 F min. 2. Flash Point - 79 F mine 3. Solids - 43% by volume min. 4, Dry film Thickness - 2.5 mils (minimum) 5. Theoretical Spreading - 4900 sq ft/gal @ 1 mils dry (Pro-Zinc #207 by Pro-Line Company or equivalent) epoxy coat with: with, I. Rate B) Intermediate - heavy-duty, sea water resistant, intermedie 1. Pot Life - 4 hours @ 70 F (minimum) 2. Flash Point - 100 F (minimum) 3. Solids - 60% by volume (minimum) 4. Dry Film Thickness - 4.0 miles per coat, 2 coats (minimum) (Marine epoxy primer 5001 by Pro-Line Paint Compe C) Finish - Epoxy Polyamide high gloss enamel final coat wit1 2. Solids 3. Dry Film Thickness - 2 mils (minimum) 4. Theoretical Spreading - 590 sq ft/gal @ 1 mils dry 1 equivalent ) 'e 1. Pot Life - 6 hours @ 70 F (minimum) - 50% by volume (minimum) Rate I I I I I I P 1 (Pro-thane 4500 by Pro-Line Paint Company or equivalen The finish color shall be blue and shall match the color the existing handrails at Sycamore Street. Surface for paint shall be prepared and paint shall be mixed a applied in accordance with manufacturer's recommendations. All joints shall be completely sealed prior to priming a painting. All surfaces that are exposed to the atmosphere shall be painte The Contractor shall notify the City for Shop inspection railing 48 hours prior to painting. During the shop inspectio all of the rusted sections will be rejected and shall; not permitted to receive primer or .paint until completely clean and sealed. Measurement and Payment Handrails will be measured by the linear feet of handra I. I I installed and will include the top and intermediate rails as we as the vertical posts above and below the finish surface. extra payment will be made for grout, joints, anchor hardwar wasted, excess material, or any other item incidental to t 1. handrail construction. I 306-1.2 Installation of Drain Pipe The existing 3 inch corrugated flexible drain line shall connected to a 3 inch ABS or PVC solid wall pipe and extended outlet of the pipe will be directed away from the foot of t stairs and into an energy dissipating fitting or drain approv by the Inspector or Engineer. A connection between the new and existing pipe shall be submitt to the Engineer or Inspector for approval. The point connection shall be located by the Contractor where the dra line crosses the property line. Bedding material shall conform to Section 400-2.3 Disintegrat Granite or equal. Payment for Bedding Material will be by t cubic yard measured in place and will be paid for as Import the seaward end of the project as shown on the plans. 1 I 1 I 1. I I I I I I I I I I Borrow (Decomposed Granite), I. 1 I I I I 1 I 1 I I 1 I 1 I I CALIFORNIA CONSERVATION CORPS LABOR This project is funded by a grant from the California Coast Conservancy. Accordingly, the California Conservation COI (CCC) is available to provide workers to assist in t construction. These workers are not considered employees of 1 employees are provided on behalf of and for the benefit of 1 City by the CCC. CCC employees are covered by Workmai Compensation through the CCC. A Contractor utilizing CCC workers should provide instructic training and experience in a construction trade such as masoi or concrete forming and placement. Contractors interested utilizing CCC workers should contact: I" Contractor nor placed on the Contractor's payroll. TI Ms. Leedy Dunkle, Project Coordinator California Conservation Corps Escondido Center, Route 12, Box 640 Escondido, CA 92026 (619) 741-2981 The City of Carlsbad does not guarantee the availability performance of CCC workers. The City provides this informat: so that the Contractor will be aware of this resource availal '' to him. The CCC can potentially reduce labor costs by providing workc for this project. The City of Carlsbad encourages 1 Contractor to provide construction training to the CC( deserving workers. However, Contractor participation is 1 I required. I. .) March 7, 1990 M. Juarez Construction 1148 Shadow Mountain Terrace Vista, CA 92083 Re: Bond Release - Ocean Street Beach Access Stairway - Contract #3263 Per instructions from our Municipal Projects Department, we are hereby releasing the remaining 25% of the following bond for the above-referenced contract: Performance Bond #1162799 Amwest Surety Insurance Company $37,885.00 The bond is enclosed so that you may return it to your surety. &x* Deputy City Clerk Enc. _______ 1200 Carlsbad Village Drive Carlsbad, California 92008 - (619) 434-2808 T e e March 1, 1990 TO: FROM: Gary Kellison, Project Manager KAREN KUNDTZ, DEPUTY CITY CLERK 25% PERFORMANCE (WARRANTY) BOND RELEASE - ColNTRACT NO. 3263 OCEAN STREET BEACH ACCESS STAIRWAY MANUEL JUAREZ CONSTRUCTION The above project is in a satisfactory condition. Please release the warranty bond. % GARY ELLISON Project Manager GK:jkb Attachment c: Municipal Projects Manager c - * ~ITE IT - DON'T SAY (I)! Y 1( _- Date To @Reply Wanted From Karen Kundtz, Deputy City Clerk UNO Reply Necessary Y' Re: Bond Release - &&32d3- "-# - *, Qcu,#-2&-6L4G.&d Our records indicate that the 0752 d %Je above-referenced subdivision/project is efigible for release. your written authorization/approval for release. Please let me know the status, and if release is 0.k. We need Thanks, Y- b AIGNER FORM NO 55032 PRlNTEl I ~ITE IT- DON’T SAY&! 1 _- Date To a Reply Wanted From Karen Kundtz, Deputy City Clerk UNO Reply Necessary Re: Bond Release - L&Z&4&3Jd3- %./ b, Qh*&44LU Our records indicate that the O?T~ k %Je ‘End fo above-referenced subdivisionlproject is efigible for release. your written authorizationlapproval for release. Please let me know the status, and if release is 0.k. We need Thanks, Y- I AIGNEA FORM NO 55-032 PRINT€ @ % 0 i, 1200 ELM AVENUE TELEPH CARLSBAD, CALIFORNIA 92008 (619) 434- Office of the City Clerk Mitg of Marlsba$l October 23, 1989 M. Juarez Construction 1148 Shadow Mountain Terrace Vista, CA 92083 Re: Bond Release - Contract if3263 - Ocean Street Beach Access Stairway Per instructions from our Municipal Projects Department, we are hereby releasing the following bond: Labor & Materials Bond No.1162799 Amwest Surety Insurance Co. $18,942.50 The bond is enclosed so that you may return it to your surety. $d& puty EN R. City Clerk Enc. Mc. ,ITE IT - DON’T SAY I h i Date q/a 1E 119 Reply Wanted - UNO Reply Necessary Re: Bond Release - &&i22g3-- LQ- %z%? 44 Our records indicate that the bond for the above-referenced subdivisionjp ease. We need your written authorization/approval for release. Please let me know the status, and if release is 0.k. Thanks , - Y AlGNER FORM NO 55032 0 0 1200 ELM AVENUE TELEP CARLSBAD, CALIFORNIA 92008 (619) 43 Office of the City Clerk Mitg of Mnrlsbah April 10, 1989 M. Juarez Construction 1148 Shadow Mountain Terrace Vista, CA 92083 Re: Bond Release - Contract No. 3263 - Ocean St. Beach Access Stairwa: The Notice of Completion for the above-referenced contract has recordec Therefore, we are releasing 75% of the Performance Bond. Please consider this letter as your notification that $28,413.75 of Amwest Surety Insurance Co. Performance Bond No. 1162799 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 h Materials Bond, in the amount of $18,942.50 will be eligib: for release six months from the date of recordation of the Notice of Completion, on July 31, 1989. A copy of the Notice of Completion is enclosed for your records. y&* Deputy City erk Enc . e 1591 Recording Requested By and Return To City Clerk 1200 Elm Avenue Carlsbad, CA 92008 NOTICE OF COMPLETION MUNICIPAL PROJECTS DEPARTMENT To All Laborers and Material Men and to Every Other Pe Interested: YOU WILL PLEASE TAKE NOTICE that on January 6, 1989, engineering project consisting of the construction of a b access stairway at 2701 Ocean Street, on which Manuel Ju Construction, Incorporated was the Contractor and Amwest Su Insurance Company was the surety, was completed. CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the Council of said City on &&&,Mq a4 /989 accepted above described work as cohpleted'an okdered that a Notic Completion be filed. I declare under penalty of perjury that the foregoin true and correct. ExecEted on 25; 190 at Carlsbad, Californ CITY OF CARLSBAD City Clerk * 0 ' t9 - 1. \* 5. 0 0 1200 ELM AVENUE TELEPt CARLSBAD, CALIFORNIA 92008 (619) 434 Office of the City Clerk Mi& of (Earls bab January 25, 1989 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 . Enclosed for recordation are the following described documents: Notice of Completion - Municipal Projects Minor Rd. Improvements and Traffic Signal Melrose Dr. and Rancho Santa Fe Rd. DBX, Inc., Contractor Notice of Completion - Municipal Projects Beach Access Stairway at 2701 Ocean St. Manuel Juarez Construction, Contractor 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. <+ / Deputy ty Clerk Encs. v e * Recording Requested By and Return To: City Clerk 1200 Elm Avenue Carlsbad, CA 92008 NOTICE OF COMPLETION MUNICIPAL PROJECTS DEPARTMENT To All Laborers and Material Men and to Every Other P Interested: YOU WILL PLEASE TAKE NOTICE that on January 6, 1989 engineering project consisting of the construction of a access stairway at 2701 Ocean Street, on which Manuel J Construction, Incorporated was the Contractor and Amwest S Insurance Company was the surety, was completed. CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the accepte above described work as cofnpleted’an o’rdered that a Noti Completion be filed. Council of said City on &-.,--, a4 1489 I declare under penalty of perjury that the foregoi Executed on dm 07s’ 198s at Carlsbad, Califor true and correct. CITY OF CARLSBAD City Clerk