HomeMy WebLinkAboutRutledge Grandalls; 1993-02-18; U/M 92-5I-
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September 25, 1992
ADDENDUM NO. 1
BID/PROJECT NO. U/M 92-5 - MAINTENANCE OF BUENA VISTA CHANNEL
Please include the attached addendum in the Notice to Bidders/Request for Bids !
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/
when your bid is submitted. fi \ A .F-.c-,&L +Kllk o RUL~LLK~HER
Purchasing Officer
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Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
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Bid k ;6Qm! i’s Signature
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 (61 9) 434-
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A mandatory pre-bid meeting will be held two weeks prior to the date of the bil
opening at the City of Carlsbad Utilities and Maintenance Conference Room at 207
Las Palmas Drive, Carlsbad on Thursday, December 3, 1992 at 9:oO a.m. Bid
received and opened from contractors who have not attended the pre-bid meetin
shall be considered unresponsive.
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The City shall be responsible for the following permits, if requimk
California Departmqt of Fish and Game 1601 Permit
Coastal Development Permit, Coastal Commission u. s. Army corps of Engineen 404 Permit
State Regional Water Control Board 401 Certification
U. S. Fish and Wildlife Permit
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The Contractor shall be responsible for applying for all other permits i
agreements necessary to complete the work as required by the City of Carlsbad i
the City of Oceanside. Payment for work and all fees to remove and dispose
mater.. is to 'be indud& in the bid price.
Add #10 as follows:
Vegetation buffers ten feet wide will be provided at approximately loo0 1
intervals perpendicular to the channel along the maintained portion of the chan
uestions, please contact Virginia McCoy at 438-7753, Ext. 4111.
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CNT93002.AD Page 2 of 2 0
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November 23, 1992
ADDENDUM NO. 2
BID/PROJECT NO. U/M 92-5 - Maintenance of Buena Vista Channel
Please include the attached addendum in the Notice to Bidders/Request for Bids y
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/E
when your bid is submitted.
ZgL!!4/GLL
RUTH FLETCHER
Purchasing Officer
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RF:mm
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2
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ADDENDUM NO. 2
PROJECT NO.: U/M 92-5
PROJECT NAME: Maintenance of Buena Vista Channel
CONTRACT DOCUMENTS:
Cancel Page 3, Paragraph 3 which reads:
A mandatory pre-bid meeting will be held two weeks prior to the date of the b
opening at the City of Carlsbad Utilities and Maintenance Conference Room at 20:
Las Palmas Drive, Carkbad on Thursday, December 3, 1992 at 9:OO a.m. Bi
received and opened from contractors who have not attended the pre-bid meetil
shall be considered unresponsive-
(No pre-bid meeting will be held.)
If you hav a Kg Utiiities ANDERSON and Maintenance Director
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questions, please contact Virginia McCoy at 438-7753, Ext. 4111.
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CNT93002ADZ
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December 1, 1992
ADDENDUM NO. 3
BID/PROJECT NO. U/M 92-5 - Maintenance of Buena Vista Channel
Please include the attached addendum in the Notice to Bidders/Request for Bids
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form,
when your bid is submitted.
0 *&FA-
RUTH FLETCHER
Purchasing Officer
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Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
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B”dder’s Signature y c :y
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1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-
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ADDENDUM NO. 3
PROJECT NO.: U/M 92-5
PROJECT NAME:
Change: Page 43, 6-7 Time of Completion, to read:
Maintenance of Buena Vista Channel
The Contract shall begin work within five (5) calendar days after receipt of
"Notice to Proceed'' and shall diligently prosecute the work to completion wi
thirty $0) regdady schedded City work days after the date of the Noticc
Proceed.
PHASE N, SPECIAL PROVISIONS, PAGES 53-54:
Change: Page 54, #3 to read:
The dredging operation will consist of removing cattails, bulrushes, silt, an(
foreign material deposited within the limits of the Buena Vista Channel. Work 5
include the timely disposal, by the Contractor, of all spoils removed from
Channel allowing sufficient time for adequate drying of material prior to dispc
All material will be placed for de-watering in an area that is a minimum of
from the Channel and where the material cannot re-enter the Channel.
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Private property adjacent to the channel may be made available for dryir
purposes. However, all arrangements and fees must be made between tJ
property owner and the contractor. All bid costs must be directly related
this maintenance contract only!
Change: #6 to read:
The City shall be responsible for the following permits, if required:
California Department of Fish and Game 1601 Permit
Coastal Development Permit, Coastal Commission
US. Army Corps of Engineers 404 Permit
State Regional Water Control Board 401 Certification
U.S. Fish and Wildlife Permit
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Contractor will be provided with copies of necessary permits upon award of contr
and Contractor will abide by all permit conditions.
The Contractor shall be responsible for applying for all other permits s
agreements necessary to complete the work as required by the City of Carlsbad,
City of Oceanside, and the California Department of Transportation (Cal-Trar
Payment for work and all fees to remove and dispose of material is to be incluc
in the bid price.
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Change: #10 to read:
The Operator shall leave a minimum of three (3) 10-foot bands of vegetation acr
the width of the stream to trap sediment, located approximately 1000 feet ay
with siltation fences located in front of these vegetation buffers. (See Exhibits
and "B".)
Temporary silt fences to be constructed as follows:
TEMPORARY SILT FENCE SPECIFICATIONS
Materials
1. Filter fabric shall be a pervious sheet of synthetic polymer composed
of at least 85% by weight ethylene, propylene, amide, ester or
vinylidene yarn, woven or nonwoven, and shall contain stabilizers
and/or inhibitors to resist deterioration by heat, water and ultra-violet
light. The fabric shall conform to the following criteria:
(a)
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The Equivalent Opening Size (U.S. Standard Sieve) shall be
within the range of 70-100.
The minimum tensile strength (ASTM D1682G) shall be at
least 120 p~~ilds with a 5-inch sqiarz mesh wire supprt
fence. Posts shall be spaced 6 foot on center.
(b)
2. Posts for silt fences shall be either 4-inch diameter wood or 1.33-
pounds-per linear foot steel with a minimum length of 5 feet. Steel
posts shall have projections for fastening wire to them.
Wire fence reinforcement for silt fences shall be a minimum of 42
inches in height, shall be a minimum of 14-gauge, and shall have a
maximum mesh spacing of 6 inches.
3.
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Construction Specifications 0
1. The height of the silt fence shall not exceed 36 inches. In the
channel, the fence line shall be slightly curved upstream at the sides to direct the flow toward the middle of the fence.
If possible, the filter fabric shall be cut from a continuous roll to avoid the use of joints. When joints are necessary, filter cloth shall be
spliced only at a support post, with a minimum 6-inch overlap and
both ends securely fastened to the post.
Posts shall be spaced a maximum of 6 feet apart and driven securely
into the piifid (mirimurn of 12 inches).
A trench shall be excavated approximately 4 inches wide and 4 inches
deep along the line of posts and upstream from the barrier.
A wire mesh support fence shall be fastened securely to the upstream
side of the posts using heavy duty wire staples at least 1 inch long, tie
wires or hog rings. The wire shall extend into the trench a minimum
of 4 inches and shall not extend more than 36 inches above the
original ground surface.
Filter fabric shall be stapled or wired to the fence, and 8 inches of the
fabric shall extend into the trench, The fabric shall not extend more
than 36 inches above the original ground surface. Filter fabric shall
not be stapled to existing trees.
The trench shall be backfilled and the soil compacted over the toe of
the filter fabric.
Silt fences shall be removed after they have served their useful
pirpose, but not befare the upstream iirea has beeri stabilized. The
Contractor will be responsible for maintaining and repairing the silt
fence for the duration of the contract.
2.
3.
4.
5.
6. e
7.
9.
Maintenance
1. Silt fences and filter barriers shall be inspected immediately after each rainfall and at least daily during prolonged rainfall. Any required
repairs shall be made immediately.
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2. Should the fabric on a silt fence or filter barrier decompose or become ineffective prior to the end of the barrier's expected usable life and the
barrier still be necessary, the fabric shall be replaced promptly.
3. Sediment deposits should be removed when deposits reach
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approximately one-half the height of the barrier.
All costs for materials and labor should be included in lump sum bid amount.
Add: #11 to read:
The Operator shall leave a minimum of a 10-foot vegetated band just east of
Jefferson Street Bdge to lidt access, per plan.
Add: #12 to read:
All willow trees within the dredging area should be avoided during mainteni
activities. Willows are concentrated in the eastern portion of the channel,
scattered individuals occur along the edge of much of the channel.
If you have any questions, please contact Virginia McCoy at 438-7753, ext. 4111. 0
Lum& RALPH W. ANDERSON
F4/ Utilities and Maintenance Director
RWA: Nwd
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Extension of fabric and wire into the trench.
Fi 1
CONSTRUCTION OF A SILT FENCE
TREAWENT PLANT
PER STATE RSH & GAME REQUIREMENTS
50% OF THE PRESENT VEGETATION WILL BE PRESERVED.
ROUTlNE MAINTENANCE
CONTROL & PROTECTION OF PUBLIC & PRIVATE
ACTIVITY FOR FLOOO BLJENA VISTA CHANNEL unms 8e M
TABLE OF CONTENTS
Item
NOTICE INVITING BIDS ..........................................
CONTRACTOR’SPROPOSAL .......................................
BIDDER’S BOND TO ACCOMPANY PROPOSAL ..........................
DESIGNATION OF SUBCONTRACTORS ...............................
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .................
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .........
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .............................
CONTRACT . PUBLIC WORKS.. ...................................
LABOR AND MATEEUALS BOND ...................................
PERFORMANCEBOND ..........................................
ESCROW AGREEMENT FOR SURETY
DEPOSITS EN LIEU OF RETENTION
RELEASEFORM ..............................................
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SPECIAL PROVISIONS
1. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ...........................
11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC V
CONSTRUCTION FOR CONSTRUCTION MATERIALS ..................
111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECEFECATIONS FOR PUBLIC V CONSTRUCTION FOR CONSTRUCTION METHODS ...................
IV. SPECIAL PROVISIONS FOR CLEARING BUENA VISTA CHANNEL ........
V. MAPOFAREA ...........................................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVI"G BIDS *
Sealed bids will be received at the Office of the Purchasing Officer, City Hall,
Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. 0:
first day of October , 1992, at which time they will be opened and read
performing the work as follows:
MAINTENANCE OF BUENA VISTA CHANNEL
CONTRACT NO. U/M 92-5
The work shall be performed in strict conformity with the specifications as approved t:
City Council of the City of Carlsbad on file with the Municipal Projects Department.
specifications for the work include the Standard SDecifications of Public 1
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter desig
"SSPWC", as issued by the Southern California Chapter of the American Public 1
Association and as amended by the special provisions sections of this contract. Ref€
is hereby made to the specifications for full pamculars and description of the work
The City of Carlsbad encourages the participation of minority and women-c
businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricator
contractors to utilize recycled and recyclable materials when available and 7
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purc
Department. Each bid must be accompanied by security in a form and amount re
by law. The biddeJs security of the second and third next lowest responsive biddei
be withheld until the Contract has been fully executed. The security submitted by a1
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) day
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code 5
22300), appropriate securities may be substituted for any obligation required by this
or for any monies withheld by the City to ensure performance under this Contract. 5
22300 of the Public Contract Code requires monies or securities to be deposited w
City or a state or federally chartered bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
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1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
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0 All bids will be compared on the basis of the Engineer's Estimate. The estimated quant
are approximate and serve solely as a basis for the comparison of bids. The Engh
Estimate is $150,000.00. The work is anticipated to take place during the time spec
under the special provisions section of this document. It is estimated to take twenty
(25) workdays to fully complete all aspects of the project.
The Contractor's attention is directed to Section 6-7, "Time of Completion", and Sec
6-9, "Liquidated Damages", of the 1991 Edition of the Standard Specifications, defi
responsibility with regard to completing work within the time specified. In the event
the scope of work including all conditions and requirements of the contract are
completed within the number of working days specified above, (25 working (
liquidated damages of two hundred fifty ($250.00 dollars for each and every calenda
required to finish the work in excess of the specified number of working days shall be
to the City of Carlsbad.
No bid shall be accepted from a contractor who is not licensed in accordance wit
provisions of California state law. The contractor shall state their license nul
expiration date and classification in the proposal, under penalty of perjury, pursua
Business and Professions Code Section 7028.15. The following classification!
acceptable for this contract: A, C-12, or C-24 in accordance with the provisions of
law.
If the Contractor intends to utilize the escrow agreement included in the COI
documents in lieu of the usual 10% retention from each payment, these documents
be completed and submitted with the signed contract. The escrow agreement may I
substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained i
Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avf
Carlsbad, California, for a non-refundable fee of $10.00 per set.
The City of Carlsbad reserves the right to reject any or all bids and to waive any
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execu
Contract shall be those as determined by the Director of Industrial Relations pursu
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 177
the Labor Code, a current copy of applicable wage rates is on file in the Office
Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pi
than the said specified prevailing rates of wages to all workers employed by him or
the execution of the Contract. *
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The Prime Contractor shall be responsible for insuring compliance with provisio1
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts <
"Subletting and Subcontracting Fair Practices Act."
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section
shall apply to the Contract for work.
A mandatory pre-bid meeting will be held at the project site two weeks prior to t
date of the bid opening. Please meet at the City of klsbad Utilities a
Maintenance Conference Room at 2075 Las Palmas Drive, Carlsbad on Wednesd
September 16,1992 at 9:OO a.m. Bids received and opened from contractors u
have not attended the pre-bid meeting shall be considered uxmsponsive.
All bids are to be computed on the basis of the given estimated quantities of wo
indicated in this proposal, times the unit price as submitted by the bidder. In casc
discrepancy between words and figures, the words shall prevail. In case of an error
extension of a unit price, the corrected extension shall be calculated and the bids v
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed 01
typed or written in with ink and must be initialed in ink by a person authorized to si
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one da!
to bidding. Submission of bids without acknowledgment of addenda may be ca
rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers and ma
suppliers, in an amount equal to one hundred percent (100%) and fifty percent (
respectively, of the Contract price will be required for work on this project. These
shall be kept in full force and effect during the course of this project, and shall ext
full force and effect and be retained by the City for a period of one (1) year from tf
of formal acceptance of the project by the City.
Bonds and insurance are to be placed with insurers that have (1) a rating in th
recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct busi
the State of California, and (3) are listed in the official publication of the Departn
Insurance of the State of California. Auto policies offered to meet the specification
contract must: (1) meet the conditions stated above for all insurance companies i
cover anv vehicle used in the performance of the contract, used onsite or offsite, M
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto ins
certificate must state the coverage is for "any auto" and cannot be limited in any n
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Workers’ compensation insurance required under this contract must be offered
company meeting the above standards with the exception that the Best‘s rating con1
is waived. The City does accept policies issued by the State Compensation Fund mc
the requirement for workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract
additional cost of said insurance shall be included in the bid price.
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Approved by the City Council of the City of Carlsbad, California, by Reso
Number 92-260 , adopted on the eighteenth day of Aumst , 1992.
Luit a m-=? d4Md?/L7/
Date f Aletha L. Rautenkranz, City Clerk
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CITY OF CARLSBAD
CONTRACT NO.
CONTRACTOR’S PROPOSAL,
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City Council
City of Carlsbad
1200 Carlsbad Village Drive 8 Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, rea
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fu
all labor, materials, equipment, transportation, and services required to do all the wc
complete Contract No. U/M 92-5 in accordance with the Plans and Specifications c
City of Carlsbad, and the Special Provisions and that he/she will take in full paq
therefor the following unit prices for each item complete, to wit:
Approximate I tern Quantity unit
Total I. No. and Unit Price
1. Lump sum for all materials,
equipment, labor, permits, and
miscellaneous costs for completion of
the work as specified under the special 1. provisions section of this document. $205,733.00
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Total mount of bid in words!'"TWO HUNDRED FIVE THOUSAND SEVEN HUNDRED THIRTY
THmE DOLLARS 11 II I1 11 11 11
Total amount of bid in numbers: $ ""205,733.00""
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s).
proposal.
The undersigned has checked carefully all of the above figures and understands tha
City will not be responsible for any error or omission on the part of the Undersign
G
1 - 2 - 3 hadhave been received and idare included ir
4 preparing this bid.
The Undersigned agrees that in case of default in executing the required Contract
necessary bonds and insurance policies within twenty (20) days from the date of aw;
Contract by the City Council of the City of Carlsbad, the proceeds of the check or
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is lic
to do business or act in the capacity of a contractor within the State of California, v
licensed under license number 569846 , classification ~/c12 which e.
on 6-30-93 , and that this statement is true and correct and has thy legal eff an affidavit. a+ /y
I A bid submitted to the City by a Contractor who is not licensed as a contractor pw
to the Business and Professions Code shall be considered nonresponsive and sh
rejected by the City. 9 7028.15(e). In all contracts where federal funds are involvc
bid submitted shall be invalidated by the failure of the bidder to be licensed in accor
with California law. However, at the time the contract is awarded, the contract01
be properly licensed. Public Contract Code 5 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carls
personally interested, directly or indirectly, in this Contract, or the compensa
be paid hereunder; that no representation, oral or in writing, of the City CI
its officers, agents, or employees has inducted hidher to enter into this Co
excepting only those contained in this form of Contract and the papers made
hereof by its terms; and
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A E$ f 0s .$ 0-8 2 %E z z3 .c 9 2-82 e y 2% -'&B E
(Acknow
, in the year 19&, before me,Bdz&J,
a Notary Py for the said County and State esiding therein, duly commissioned and sworn, F
appeared 4 + kf
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s):
b&/E e. d* /-.4-+.04 -42
. .. .....--... . - - - ~-- - -...__._._ -.-- _I_-_____._______ ... ~ .....- ---- --- .--- .----
Whose name is subscribed to this instrument, and ackr
that hesthey) executed it. (a CORPORATION) Who & cu e the within instrument as ~ pre5 -secretary, on behalf of the corporation therein n
acknowledged to me that such corporation executed
instrument pursuant to its articles and by-laws and a re:
its Board of Directors.
That -executed the within instrument on behalf c
nership, and acknowledged to me that the partnership e
fixed my official seal, in and for said County
(-1 D u A L)
(0 PARTNERSHIP)
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2. That this bid is made without connection with any person, firm, or corpor
making a bid for the same work, and is in all respects fair and @thout collusil
fraud.
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Accompanying this proposal is BIDDER ' S BOND
(Cash, Certified Check, Bond or Cashieis Check)
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code I
requires every employer to be insured against liability for workers' compensation
undertake self-insurance in accordance with the provisions of that code, and agre
comply with such provisions before commencing the performance of the work o
Contract and continue to comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1,l
2, relative to the general prevailing rate of wages for each craft or type of worker n
to execute the Contract and agrees to comply with its provisions. 8
8 IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted RUTLEDGE GmDALLS
(2) Signature (given and surname) of proprietor flk???~~?
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w (3) Place of Business 14751 Olive Vista Drive
(Street and Number) D City and State Jamul, CA 91935 a
(4) Zip Code 91935 Telephone No. 619-669-6363
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IF A PARTNERSHIP, SIGN HERE:
(1)
(2)
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Sig must be made by a general partner)
c
(3) Place of Business I (Street and Number)
City and State
Zip Code Telephone No.
IF A CORPORATION, SIGN HERE: I (1) Name under which business is conducted
(2) 1 Signature
I Title
Impress Corporate Se, 1
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(3)
(4) Place of Business
Incorporated under the laws of the State of
(Street and Number) i City and State
(5) Zip Code Telephone No.
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NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUSI
AITACXED
List below names of president, vice president, secretary and assistant secretary,
corporation; if a partnership, list names of all general partners, and managing partn
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t BOND NO. BDS 102416
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BIDDER’S BOND TO ACCOMPANY PROPOSAL. 0
KNOW ALL PERSONS BY THESE PRESENTS:
That we, RUTLEDGE GRAJIALLS , as Principal, and COMPANY OF HARTFO
as Surety are held and My bound unto the City of Carlsbad, California, in an amo~
follows: (must be at least ten percent (10%) of the bid amount) TEN PERCENT OF
NOT TO EXCED THE SUE4 OF TWENTY THOUSAND BINE - NOlUq ($ .20,901
for which payment, well and truly made, we bind ourselves, our heirs, executoc
administrators, successors or assigns, jointly and severally, firmly by these presents
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH thar if the proposal (
above-bounden Principal for Maintenance of Buena Vista Channel, Contract No. U/M
in the City of Carkbad, is accepted by the City Council, and if the Principal shall duly
into and execute a Contract including required bonds and insurance policies within tt
(20) days from the date of award of Contract by the City Council of the City of Carl
being duly notified of said award, then this obligarion shall become null and
otherwise, it shall be and remain in full force and effect, and the amount specified f:
shall be forfeited to the said City.
SECURITY INSURANC
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- .... (BID DATE: 12-17-92) 0 ....
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rn "..b.. V. -. .-....-. bc rannmgron, LOMWICUL
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PRl NCl PAL -RIELEJlGE-GRAQ~Ls EFFECTIVE DATE 12-17-92
14751 OLIVE VISTA DRIVE JAN[TL CA 91935
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
P
CONTRACT AMOUNT- AMOUNT OF BOND $-2-0-,9-0-!.0-0
P0WERNO.B D'1n2416 S KNOW ALL MEN BY THESE PRESENTS:
That SECURITY INSURANCE COMPANY OF HARTFORD, a corporation of the State of Connecticut. does hereby make, constitute and appoint
its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to make, execute, deliver, and sed, if a seal is required, bonds, undertakings, recognizances, contracts of surety or othcr written obligations in the nature thereof, as follows:
JER0T.B D. WLLL OF CBLIp0RNJ-A
and to bind SECURITY INSURANCE COMPANY OF HARTFORD thereby.
The authority of the Attorney-in-Fact and the Liability of the Company shall not exceed one million two hundred fifty thousand dollars ($1,250,000.).
as follows: The appointment is made under and by authority of Article IV of the By-Laws of the Company, which Article is now in full force and effect and which states
Appointment of Attorneys-in-Fact
The President or any Vice President shall also have power and authority, from time to time, to appoint one or more attorneys-in-fact for the purpose of executing and delivering, for and on behalf of the Company and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, and other instruments of writings of similar character, to prescribe the respective duties of such attorneys-in-fact and the respective limits of their authority and to revoke any such appointment at any time in his discretion.
ThisPowerofAttomey,and any contract suretyshipor other undertaking orany bondissued by any attorney-in-fact under this Power,may be signed by facimile signature under and by the authority granted by the following resolution duly adopted by the Board of Dmctois of the Company at a meeting held on November 20, 1981:
RESOLVED, That effective November 20,1981, bonds. undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof shall be executed by the President or any Vice President and duly attested by any Secretary or any Assistant Secretary, or shall be signed in the Company's behalf by an attorney-in-fact appointed by a power of attorney executed as provided by Article IV of the By-Laws of this Company, any of said officers or such attorneys-in-fact being authorized to affix the Company's seal to any such instrument; and any Secretary or any Assistant Secretary is hereby authorized and empowered to certify under the Company's seal to a copy of any resolution, by-law, written instrument, power of attorney, list of officers, or financial statement of the Company that may be appropriate or required; and
and certifications and the signature of any attorney-in-fact acting under such power may be printed by facimile.
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RESOLVED FURTHER, That any signature of any of said officers to any of the written instruments above referred to, including powers of attorney
In WITNESS WHEREOF, the said Vice President and the said Secretary have hereunto subscribed their names and affixed the corporate seal of the said
SECURITY INSURANCE COMPANY OF HARTFORD
SECURITY INSURANCE COMPANY OF HARTFORD this 1st day of July ,1990
Attest:
6* G& BY / s&tary } ss. State of Connecticut
County of Hartford
A.D. 19 90 ,before me, a Notary Public in and for said State and County, came the above-named Vice-
Presiderrt and Secretary, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged
the execution of the same as their free act and deed, and being by me duly sworn, they did depose and say that they know the corporate seal of said Company, that
the seal affixed to the preceding instrument was executed by them and the corporate seal affixcd in accordance with the authority of the Board of Directors of said
Company.
On this 1st day of July
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year first above written.
My commission expires March 3 1 , 1 992
d\X. u
No@y Public Hartford County, Qmle~i iCGtt' ,, ,_ -, ' - "-LL' . .
the Resolution of the Board of Directors of Novcmber 20,198 1, have not been abridged or revo@d&<&e nocin full for$ c
Signed and sealed at Farmington , Connecticut, this day 15733 of DI~C@,IBER ,1992 . i
s"^L- CERTIFICATION
1, Stanley G Ful \wood, Secretary of SECURITY INSURANCE COMPANY OF HARTFORD certify that the foregoing powei oSa&hzey, th&%
.. -* : -' _._ 1 a, --. Cr&t& G . -,- T ' -%--.- . -
"v -,., I. \ . L - i\ - j._
Form 402514 (7/90)
~~
ROBERT T. 'DRIV€R CO,, JNC.
Jerry Hall
Your represen la fiue
(6 1 99 238- 1828
1620 FIFTH AVE., SAN DIEGO, CA 92101
STATE OF CALIFORNIA 1
) ss.:
,ITY AAD COUNTY OF 4AN DIEGO )
On this 15~~3 day of DECEMBER 19 - 92, before me, the undersigned NI
in and for the State, personally appeared JEROLD D. HawL a per
me (or proved to me on the basis of satisfactory evidence), to be the person who ex
written instrument as Attorney-in-Fact on behalf of the corporation therein named a
acknowledged to me that the corporation executed it.
A.D iven under my hand an Notarial Seal this 15TH day of ;DECEMBER
iij commission expires
INDIVIDUAL(S) ACKNOWLEDGMENT
STATE OF California ss:
COUNTY OF San Diego
On this 16th Day of December , 19 2, before me the undersigned Not
and for said State, personally appeared,
personally known to me (or proven to me on the basis of satisfactory evidence) to be the individual(s) who executed the executed same. strument, and acknowledged that s he
Jeannie Rutledge
;
In the event Principal executed this bond as an individual, it is agrccd tht thc dca
Principal shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 8b'' day of
PRINCIPAL: SURETY:
a
Executed by SURETY this 15mL day
DECJCMBER ,I9 2. DECEMBER ,19 92.
RUTLEDGE GRADfiLS SECURITY INSURANCE COMPANY OF HA
(Name of Principal) (Name of Surety)
5550 WEST TOW AVENUE,- SUITE 40
-
SKOKIE, ILLINOIS 60077-3200 . (Address of Surety) __
(J08) 982-9800 I
Y
/?>//+/.// p [ :: lktl\l//, /(< [7(~1.?)+!j~ By; .-* '
Gtle &dY&aniza2on of signatoq)
- a
By:
c (sign here) printed name of Attorney-in-Fact
d (attach corporate resolution shs
4
- (print name here) current power of attorney)
t
2- 4 (title and organization of signatory)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If or officer signs, the corporation must attach a resolution certified by the secretary or assistant secretq
corporate seal empowering that officer to bind the corporation.)
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APPROVED AS TO FORM:
RONALD R. BALL
I j0 lL4
hREN J. HIRATA v
Deputy City Attorney 'I)
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DESIGNATION OF SUBCONTRACI'ORS
The Contractor certifies Wshe has used the sub-bids of the following listed Contr;
in making up &/her bid and that the sub-contractors listed will be used for the WOI
which they bid, subject to the approval of the City Engineer, and in accordance
applicable provisions of the specifications and Section 4100 et seq. of the Public Con.
Code - "Subletting and Subcontracting Fair Practices Act." No changes may be ma
these subcontractors except upon the prior approval of the City Engineer of the C
Carlsbad. The following information is required for each sub-contractor. Additional 1
can be attached if required:
I'
Items of Complete Address Phone No.
Work Full Company Name with ZiD Code with Area Cc
American Fence Co.
Harrison Trucking 8801 Olive Lane
9944 Prospect Ave.
Fence of Calif., Inc. Santee, CA 92071 619-258-11OC
Trucking Incorporated Santee, CA 92071 619-449-084C
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AMOUNT OF SUBCONTRACTORS BIDS
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The bidder is to provide the following information on the subbids of all the
subcontractors as part of the sealed bid submission. Additional pages can be attacb
required.
Type of State
Contracting Carlsbad Business Amount of Bic
Full ComDanv Name License & No. License No.* _($ or %) American Fence Co. None* 4% of Calif., Inc. C-13/170984
Harrison Truckinq Bond #58244545 18%
Incorporated PUC #77-458 None*
* Licenses are renewable annually. If no valid license, indicate "NONE." Valid licc
must be obtained prior to submission of signed Contracts. I
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BIDDER'S STATEMENT OF FINANCIAL, RESPONSIBILITY
Bidder submits herewith a statement of financial responsibility.
t
SEE COMPILATION FINANCIAL STATEMENT ATTACHED
(PLEASE RETURN UNOPENED IF NOT REQUIRED AFTER BID OPENING-
THANK YOU, 1
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7183 Navajo Road, Suite L San Diego, California 9211s 0 (619) 464-4161
Rutledge Gradall
(A Sole Proprietorship) Jamul, California
We have compiled the accompanying balance sheet of Rutlec Gradall, (A Sole Proprietorship) , as of December 31, 1991, E the related statements of income and cash flows for the YE then ended, in accordance with standards established by t American Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financ:
statements information that is the representation of managemei We have not audited or reviewed the accompanying financ: statements and, accordingly, do not express an opinion or E other form of assurance on them. 0
r, y2-L dc. -&
April 2, 1992
1.
FanLmxEGRADAIJL (A SOU PROPRIETORSHIP) BALANCE SHEEr DECETJIBER 31, 1991
0
ASSETS
current assets: cashinbank $ (1,161.01
Savings -World 50 , 000.00
Savings - Grossmont 5,079.90 AccountS receivable-trade 44,048.23
mtal current assets 97 , 967.12
property and f2qUipment: office equip. & furniture 16,221.15 Esuipment 135,567.19
151,788.34
depreciation (147,434.75
Iess accumulated
4,353.59 0 -
$ 102,320.71
&e accompanying notes are an in- part of these financial statements.
See accountants' compilation report.
e
-- (A SOLE PROPKIXIDRSHIP) BALANCE SHEET Dm 31, 1991 e
LIZlB1- AND EQUITY
current liabilities:
Acaounts payable $ 2,228-26 Current note payable 8,666.65 -----
Tcrtal current liabilities 10,894.91 ---
LLXICJ-~ETXI debt: 50 , 000.00 ------- Note payable
60 , 894.91 ------
Capital-- Rutledge: 36,255.01 Contr~utions Begi-n-+w.of Y- 3,125.00
Withdrawals (104,889.98 Net income (loss) 106,935.77 -
41,425.80
0
$ 102,320.71
The accompanyiq notes are an integral part of these financial statements. see accountants' canpilation report.
0
RlIrHmxGRADAL;L - OF CASH RECEIF'IS AND DISBURSEMENTS FOR THE YEAR ENDED DECEMBER 31,1991
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Receipts: Receipts $ 271,494.23 Interest inconE 79.90
Gross receipts 271,574.13
opemting disbursements:
Salaries and wages 60 , 706.86 Advertising 2,794.75 Automobile and truck 1,317.00
Depreciation 6 , 232.18 ~~es and subscriptions 120.80
Fuel 11 , 421.65 Insurance 18 , 579.26
Independent contractor 16 , 857.00 Interest 507.55 Licenses 1,889.90 Materials and supplies 399.13
office 972.97
Professional fees 4,470.20
1,355.00
1,156.05 Rental of equipment Repair and maintenance 9 , 694.62
Subsistance 41.04 Taxes-pap11 6 , 384.61
Taxes-penalties 502.13
Telephone 6,386.80
Travel 99. oa
Union benefits 12,270.41
utilities 479.45
e Rent
164 , 638.36
-I------
Net hm (loss) $ 106,935.77
The accompanying notes are an integral part of these financial statemnts. See accountants' campilation report.
0
RUTLEDGE GRADALL
(A SOLE PROPRIETORSHIP)
STATEMENT OF CASH FLOWS
JANUARY 1, 1991 TO DECEMBER 31, 1991 ____________________------------------------------------------- ____________________-------------------------------------------
Operating Activities:
0
Net income $ 106,935.
Adjustments to reconcile net income to net cash provided by operating activities:
Depreciation $ 6,232.18
Accounts receivable ( 14 , 449.23)
Accounts payable ( 452.05)
( 8,669.1
Net cash provided by operating activities 98,266.6
Capital activities:
Contributions 3 , 125.00
Withdrawals ( 104,889.98)
( 101,764.9 0
Financing activities:
Notes payable increase 32 , 000.00
Notes payable reduction ( 26,833.35)
5 , 166.6
Net increase in cash 1,668.3
Cash:
Beginning of year - January 1, 1991 52,250.5
53,918.8 -__----- - ------- -- End of year - December 31, 1991 $
The accompanying notes are an integral part
of these financial statements. See accountants' compilation report.
0
RUTLEDGE GRADALL
(A SOLE PROPRIETORSHIP)
NOTES TO COMPILED FINANCIAL STATEMENTS DECEMBER 3 1 , 19 9 1 ________________------------------------------------------------ e ________________------------------------------------------------
1. Summary of significant accounting policies:
The Company is a contractor engaged primarily in the gradii of commercial and residential parcels. The length t
contracts varies, but is usually less than one year.
Revenues from contracts are recognized on the percentage-o:
completion method measured by the percentage of cosi
insured to date to estimated total costs for each contraci
This method is used because management considers expendc costs to be the best available measure of progress on the: contracts. Contract costs include all direct material cosi related to contract performance, such as fringe benefit: travel, subsistence and other costs. Operating expenses a: charged to expense as incurred and are not allocated I contract costs. As no losses on uncompleted contracts we; anticipated for the period, a provision for such losses hi not been made. Changes in job conditions resulting : changes in estimates profitability are recognized in tl
period in which the revisions are determined. At year ei there were no jobs in process.
When accounts receivable become uncollectible, the Compai
uses the direct method of writing-off such accounts. It :
the opinion of management that all contracts receivable ai
collectible as of the balance sheet date.
Property and equipment are recorded at cost. Depreciatic is provided on the straight-line and declining-balanc methods over the estimated useful lives of the respecti1 assets of three to six years. Maintenance and repairs ai charged to expense as incurred; major renewals ai betterments are capitalized. When items of property (
equipment are sold or retired, the related cost ai accumulated depreciation are removed from the accounts ai any gain or loss is included in income.
Construction contracts are reported for tax purposes on tl
cash basis method and for financial statement purposes (
the percentage-of-completion method.
A provision for taxes has not been made as such taxes ai the liabilities of the proprietor.
e
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See accountants' compilation report.
r
RUTLEDGE GRADALL
(A SOLE PROPRIETORSHIP)
NOTES TO COMPILED FINANCIAL STATEMENTS DECEMBER 31, 1991 ____________________-------___------------___----___-------_--- I) ______-___--_--_________________________-----------------------
2. Long-term debt:
The balance of long-term debt consists of:
A note payable - Donna Rutledge with interest payable at 8.16 % per annum and no specified due date............. $ 50,000.00
A note payable - Donna Rutledge, payable in 18 monthly installments
of $725 including interest at 6 % per annum.......,..,........................ 8,666.65
$ 58,666.65
Less current portion due within one year.... ( 8,666.65
$ 50,000.00 _______---_- ----_-------
0
See accountants' compilation report. e
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERPENCE t
The Bidder is required to state what work of a similar character to that included i
proposed Contract he/she has successfully performed and give references, with teleI
numbers, which will enable the City to judge his/her responsibility, experience and
An attachment can be used. 8
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NON-COLLUSION AFmDAvrr TO BE EXECUTED
BY BIDDER AND SUBMITIED WITE-l BID
ID
State of California 1
County of San Dieqo 1 ) ss.
Jeannie C. Rutledge, being first duly sworn, deposes
(Name of Bidder) and says that he or she is Owner (WE)
(Title)
RUTLEDGE GRADALLS of
(Name of Firm)
the party making the foregoing bid; that the bid is not made in the interest of, or on
of, any undisclosed person, partnership, company, association, organization, or corpoi
that the bid is genuine and not collusive or sham; that the bidder has not direc
indirectly induced or solicited any other bidder to put in a false or sham bid, and h
directly or indirectly colluded, conspired, connived, or agreed with any bidder or E
shall refrain from bidding that the bidder has not in any manner, directly or in&
sought by agreement communication, or conference with anyone to fix the bid pricr
that of any other bidder, or to fix any overhead, profit, or cost element of adv
against the public body awarding the contract of anyone interested in the prc
contract; that all statements contained in the bid are true; and further, that the bid(
not, directly or indirectly submitted his or her bid price or any breakdown thereof,
contents thereof, or divulged information or data relative thereto, or paid, and will n
any fee to any corporation, partnership, company association, organization, bid depc
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the ing is true and correct and th
f,4&/ /-@? ) 19s. / affidavit was executed on the &<day of
(/' ,&2& /p h@?,/cy 0 2 Mature of Bidder J
Subscribed and sworn to before me on the4 day of /&/, I ) 199
B
4< @ '&v--9 J&/A/ (NOTARY SEAL) \7 I Signat$ of Notary
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Though statute does not rec
fill in the data below, doli invaluable to persons relying 0 INDIVIDUAL
CORPORATE OFF
TITLE(’
PARTNER(S)
0 ArroRNEY-lN-FA
TRUSTEEG)
C] GUARDIAN/CONS
OTHER:
County of SAN DIEGO
On 1-29-93 beforeme, VALERIE M. PEARCE, NOTARY PUBLIC 9 DATE NAME. TITLE OF OFFICER - E G , “JANE DOE, NOTARY PUBLIC‘
personally appeared JEANNIE C. RUTLEDGE
NAME(S) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
to be the person(s) whose name(s) islare 0
SIGNER IS REPRE
NAME OF PERSON(S) OR El
SIGNATURE OF NOTARY
OPTIONAL SECTION
TO TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Ca
City of Carsbad
Purchasing Department m Representation and Certi€i&tion
The following representation and certification are to be completed, signed and returned with prop
California DE of Transpol REPRESENTATIONS: Mark all applicable blanks.
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
I am currently certified by:
Certification #: 9 lHlO 7 44
CERTIFICATION OF BUSINES
REPRESENTATION(S):
Mark all applicable blanks. This offeror reF
part of this offer that:
This firm is , is not
minority business.
This firm is X , is not
woman-owned business.
DEFINITIONS:
WOMAN-OWNED BUSINESS: A w
business is a business of which at least f
owned, controlled and operated by a womi
Controlled is defined as exercising the po
policy decisions. Operation is defined
involved in the day-to-day management.
aINORITY BUSINESS ENTERPRISE: 'Minority
Business' is defined as a business, at least 51 percent of
which is owned, operated and controlled by minority
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned,
operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (i.e., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam,
Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
Jeannie C. Rutledge Owner
NAME -- TlTLE
~IGNAI~~?~? .' - t 4 DATP'
i 4 /Q ."r /y, 3 ',{ p, - &&(LL* 12,/; /? f d /7 7/73
,/ 'RUTLEDGE GFADALLS
COMPANY NAME
9/92
CITY OF CARLSBAD MINIMUM LICE
IS $30.00 1200 CARLSBAD VILLAGE DR.
CARLSBAD, CA 92008
(619) 434-2882 APPLICATION FOR BUSINESS LICENSE (fee schedule on rei
PLEASE CHECK THIS BOX BUSINESS NAME HOME BASED BUSINESS
BUSINESS ADDRESS (No P.O. Boxes)
0
(if different) (Number) (Street) (Suite No.)
WY) (State) (Zip Code)
MAILING ADDRESS ,-fl
BUSINESS PHONE ( EMERGENCY PHONE
TYPE OF ORGANIZAT
CORPORATION
ED IN CARLSBAD:
SOLE PROPRIETORSHIP L~ARTN ERSH I P
APPLICANT NAME/ADDRESS (OWNER: IF PARTNERSHIPICORP, GIVE NAMES OF PARTNERS OR COW. OFF
-
0 STATE SALES TAX NUMBER J<~Ed~~iT~ ~'IYNU~BER SOCIAL SECURITY NUME
_- - z a 0 L\ - ,' \-,-7/',-/<T-"-
-__---
STATE EMPLOYER NUMBER
IDENTlFlCATlON NUMBER
<J - ADD'L TRUCKS @ 3/5 EA
SUB TOTAL W c
SUBTOTAL PENALTY (25%~ + day not to exceed 5
TOTAL:
MAKE CHECKS PAYABLE TO: CITY OF CARLSBAD AND RETURN WITH APPLICATION
EXECUTED THIS,'->& , DAY OF
DECLARE UNDER PENALTY OF_PERJURY THAT THE FOREGOING IS AND CORRECT.
4 Y
OFFICE USE ONLY
License # SIC #
Date Issued Ordinance
Expiration Date Restrictions
I)
GROSS RECEIPTS
BUSINESS LICENSE FEES FOR THE CATEQORIES LISTED BELOW ARE BASED ON ANNUAL GROSS RECEIPTS. THERE IS A BASE FEE OF 525.00 PLUS THE AMOUNT CALCUUTED PER EACH WOW ANNUAL QROSS RECEIPTS. QROSS RECEIPTS MUST BE ESTIMATED FOR ONE YEAR IN ADVANCE. IN NO EVENT SHALL THE LICENSE FEE BE LESS THAN $30.00.
C = 3(F PER THOUSAND A = 40' PER THOUSAND
BEAUTY SALONIBARBER SHOP DAY CARElNURSERY APPLIANCE STORE BEAUTY SCHOOL DELICATESSEN ARCADESlAMUSEMENT -'ARK BOOKKEEPER DELIVERY SERVICE AUTO DEALER BOTTLED WATER SERVICE EDUCATIONAL AUTO SERVICE STATION COLLECTION AGENCY ENGRAVER BOARDlNGlROOMlNQ HGUSE DANCING SCHOOUTEACHER ENTERTAlNMENTlSHOWS BOOKSTORE
EQUlPMENTlMACHlNE LEASE 8 SALES DESIGNER D RAT TSPERSON EXERClSElHEALTH SPA CAR WASHlDETAlLlNG
FLIGHT INSTRUCTORlSCHOOL CLOTHINGlAPPAREL STORE ELECTROLOGIST
EMPLOYMENT AGENCYlSERVlCE FLOOR COVERINGS COIN-OPERATED LAUNDRY ESTHETICIANIFACIALIST GREETING CARDS COMPUTER SALESlRENTALS FAST FOOD RESTAURANT HANUYMAN CREAMERY (ICE CREAM/" XY) FINANCElLOANlMORTGAGE CO IMPORTIEXPORT SALES DEPARTMENT STORE FUNERAL HOME
FURNITURE REFINISHING JUNK DRAPERYNJINDOW
HAIRDRESSER LANDSCAPE DRUG STORUPHARMACY
I LLUSTRATORlARTlST LAPIDARY ShOP FARM EQUIPMENT STORE
MAIL BOX SERVICE FLORlSTlNURSEAY INSURANCE CO
INTERIOR DECORATORlDESlGN MAIL ORDER FURNITURE STORE
I NTERPRETERlTRANSLATOR MARKETINGlMANUFACTURERS REP GlFTlNOVELTYlSOUVENlF( MANICURIST MUSIC SCHOUTEACHER
PHOTOGRAPHERS MUSIC STORElSUPPLlES JEWELRY PLUMBING a HEATING SALES PACKAGING LAUNDRYlDRY CLEANERS RADIO STATION PARTY PLAN SALESlDEMONSTRATlON LOCKSMlTHlKEY SHOP REPAIRMAINTENANCE SERVICE PET SHOP LUMBER YARDlBUlLDlNC ROCK 8 SAND PRlNTlNGlDUPLlCATlNG MOBILE HOME PARK SUN TAN SALON PRIVATE TRANSPORTATION MOTEUHOTEL
STOCWBONDlSECURlTY BROKERAGE PUBLISHING ~ MOTORCYCLE DEALER
TAILOPJDRESSMAKER RECREATIONAL NURSERYlGARDEN SUPPLIES UPHOLSTERY SHOP RESTAURANT
VIDEOTAPING RESTAURANT a BAR OFFICE SUPPLY STORE
RETlREMENTlNURSlNG HOME PA1 NTlGlASSIWALLPAPER B = 35' PER THOUSAND ROADlCONCESSlON ST3 '*? PRODUCElFRUlT STORE
SECRETARYlOFFICE/ANSA'€qlNG SVC PUBLIC HALLSllCE RINK SELLNG IN THE FIELDS ADVERTlSlNGlDlSTRl BUTION
AIRCRAFT SALESlRENTAUREPR 8 SVC STORAGE
ANTlQUESlCOLLECTlBLES SUPPLIES ROUTE DELl\rERY AUTO GARAGE REPAIR
AUTO PARTSKIRESITOWING TELEMARKETING sPEClALTY STORE AUTO RENTINGlLEASING TOY STORE SPORTING GOODS STORE BAKERYlBREAD SHOP TRAVEL AGENCY BUYlNGlRESELL SERVICE VARIETY CONVENIENCE STORE TOBACCOlPERlODlCALS CANDYlNUTSlCONFECTlONARY WEED ABATEMENT TRAILERlBOAT DEALER CARPETlUPHOLSTERY CLEANING TRAILER CAMPlCOURT CLEANlNGlJANlTORlAL SERVICE COCKTAIL LOUNGERAVERN COLOR CONSULTANT CONSIGNMENT SHOP CRAFTSlHOBBlES DATA PROCESSlNGlKEYPUNCH
BOWLING ALLEY
INVFSTMENTS DIAPER SERVICE
INSTRUCTOR LIQUOR ST3HUBROKER FEED a ICE DEALER
MISCELLANEOUS GROCERYlFOODlMEAT SALE5 MOVER HARDWARE STORE
NUTRITIONAL PRODUCTS
RADIOISTEREOITV SALES RENTALS - 2 OR ZORE
SHOE STORE SWIMMING POOL SERVICE
THEATER
VIDEO RENTAUSALES
D = m PER THOUSAND
FARMER GROWER MANUFACTURER RANCHER
WHOLESALER
WAREHOUSElADDITIONAL OFFICE
1 I I I I AT
J LllllIII
---.-mrl r SALES OR USE TAX MAY APPLY TO YOUR
BUSINESS ACTIVITIES YOU MAY SEEK WRITTEN ADVICE REGARDING THE APPLICATION OF TAX TO YOUR PARTICULAR BUSINESS BY WRITING TO THE NEAREST STATE BOARD OF EQUALIZATION
334 VIA VERA CRUZ I SAN MARCOS. CA 92089
(619) 744-1330
FLAT FEE LICENSES
PC - PB - PA -
CONTRACTORS No fixed or Established Place of PROFESSIONAL $50 w Business In Carlsbad - MOblle U~IIS
WHOLESALER APPRAISER SUB CONTRACTOR
ACCOUNTANTICPA GENERAL I
ARCHITECT SIGN PAINTER $20 00 ATTORNEY AT LAW 2w CHIROPRACTOR
BASIC FEE PER PERSON
COMPUTER CONSULTANT
COUNSELING FeeslProcedui es
RETAILER CONSULTANT MlSC OTHER Call Oflice lor
BREAD 8 BAKERY SUPPLIES $Bow DENTIST CATERING TRUCKS Bow DOCTOR AUCTION MARKET CONCRETEIROAD MIX 1w w ENGINEER AUCTIONEER
DRY CLEANING 100 00 PODIATRIST
LAUNDRY tw 00 PRIVATE INVESTIGATOR BINGO LINEN SERVICE 2ow PROFESSIONAL - MlSC MEAT DISTRIBUTOR PETROLEUM PRODUCTS (HOME) RETAIL BOTTLED WATER Bow VETERINARIAN RETAIL ICE SUPPLY 8000 OPTOMETRIST HOCK a SAND TRANSFERIOELIVERY WATER SOFTENER SERVICE
SIMILAR NOT SPECIFIED 40 w
Bow PHYSICAL THERAPIST AUTO WRECKING YARD
BILLIARDSICARD ROOM
CABARETIDANCE
DAIRY a ICE CREAM
Bow REALESTATE COMMERCIAL MOTION PICTURES MW RESEARCHlDEVELOPMENT DISTRIBUTION OF ADVERTISEMENTS JUNK YARD DEALER LIMOUSINE SERVICE 1w w MASSAGE PARLOR
100 w PAWNBROKER MOO MASSAGE TECHNICIAN
PRIVATE SECURITY SERVICE
SPECIAL EVENT TAXI SERVICE
PUBLIC UTILITY
BUSINESS LICENSE FEES F N ANNUAL GROW RECEIPTS THERE IS A BASE FEE OF $25.00 PLUS THE A
UAL GROSS RECEIPTS. GROSS RECEIPTS MUST BE E IN NO EVENT SHALL THE LKXHS€ FEE BE LESS THAH $30.00.
A=
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VIDEOTAPING RESTAURANT~BAR RETlREMENTlNURSlNG HOME
B = 35' PER THOUSANO ROADlCONCESSlON ST5
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SUPPLIES ROUTE DELiLEaY
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WEED ABATEMENT
SALES OR USE T BUSINESS ACTIV ADVICE REGARD
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334 VIA VERA CRUZ
SAN MARCOS. CA 9208
(619) 7441330
-Em----
FLAT FEE LICENSES
PC - PB - PA -
NO fixed of Eslablished Place oi PROFESSIONAL $50 00 CONTRACTORS Business In Cailsbaa - MObtle Untis
WHOLESALER ACCOUNTANTICPA GENERAL
APPRAISER ARCHITECT SIGN PAINTER SUB CONTRACTOR
BASIC FEE 120 00 ATTORNEY A1 LAW PER PERSON 200 CHIROPRACTOR
COMPUTER CONSULTANT
COUNSELING
RETAILER CONSULTANT MlSC OTHER Call Olfice lor
FeesIPmceauies
EREAD 8 BAKERY SUPPLIES DENTIST
CATERING TRUCKS OOCTOR AUCTION MARK1.T CONCRETEIROAD MIX tw 00 ENGINEER AUCTIONEER
ORY CLEANING 100 03 PODIATRIS' BILLIARDSICARO ROOM LAUNDRY 1w w PRIVATE INVESTIGATOR BINGO
LINEN SERVICE MOO PROFESSIONAL - MlSC CAB ARETIDANCE MEAT DISTRIBUTOR Bow REALESTATE COMMERCIAL MOTION PICTURES
PETROLEUM PRODUCTS (HOME) 2003 RESEARCHIDEVELOPMENT DISTRIBUTION Of ADV€RTISEMENTS RETAIL BOITLED WATER Bo00 VETERINARIAN
HOCK & SAND 100 w MASSAGE PARLOR
TRANSFERIDELIVERY MM MASSAGE TECHIUICIAN
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SIMILAR NOT SPECIFIED
DAIRY a ICE CREAM Bow PHYSICAL THERAPIST AUTO WRECKING YARD
JUNK YARD DEALER LIMOUSINE SERVICE OPTOMETRlSi RETAIL ICE SUPPLY Boo0
1w w PAWNBROKER 40 00 PRIVATE SECURITY SERVICE PUBLIC UTILITY
SPECIAL EVENT TAXI SERVICE
ciw OF c AD MINIMUM LICE
‘IS $30.00 1200 CARLSBAD VILLAGE DR.
CARLSBAD, CA 92008
(619) 434-2882 ICATION FOR BUSINESS LICENSE (fee schedule on rf
PLEASE CHECK THIS BO:
HOME BASED BUSINESS 0 BUSINESS NAME H ~~~~%~~~~C~\~ ! \ n e
(Suite No.)
(Zip Code)
BUSINESS ADDRESS 8 mi o\ivc &me
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(Stale) CPi (No P.O. Boxes) n-te e(Street)
(CltY)
MAILING ADDRESS (if different) (
(State) (Zip Code)
BUSINESS PHONE ‘“\q ( ) qqq . (-J%\C> EMERGENCY PHONEALQEL
TYPE OF ORGANIZATION: (chedc orw) DATE BUSINESS STARTED IN CARLSBAD:w
SOLE PROPRIETORSHIP PARTNERSHIP CORPORATION w
APPLICANT NAMElADDRESS (OWNER: IF PARTNERSHIPICORP, GIVE NAMES OF PARTNERS OR GORP. OF
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SOCIAL SECURITY NU) 0 STATE SALES TAX NUMBER FEDERAL TAX I.D. NUMBER
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95- aa 79 5 Licp s
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$ GROSS RECEIPTS 4 z U
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TAX RATE (per each $1000)
SUB TOTAL
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# (Print full name) ,.
License # SIC #
Date issued Ordinance
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0
CONTRACT - PUBLIC WORKS
0
19& by and between the ,
whose principal place of bu
255 This agreement is made this & day of +
of Carlsbad, California, a municipal corporation, Thereinafter called "City"), and Ru tledge Grada I Is
is 14751 Olive Vista Drive Jamul CA 91935
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Descrbhon of Work. Contractor shall perform all work specified in the Cor
documents for the Maintenance of Buena Vista Channel, Contract No. U/M
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, mat
tools, equipment, and personnel to perform the work specified by the Co
Documents.
Contract Documents. The Contract Documents consist of this Contract, I
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designatio
Subcontractors, Bidder's Statements of Financial Responsibility and Tec
Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Pla
Specifications, the Special Provisions, and all proper amendments and cl
made thereto in accordance with this Contract or the Plans and Specific(
and all bonds for the project; all of which are incorporated herein 1
reference.
Contractor, her/his subcontractors, and materials suppliers shall provic
install the work as indicated, specified, and implied by the Contract Docu
Any items of work not indicated or specified, but which are essential
completion of the work, shall be provided at the Contractor's expense tc
the intent of said documents. In all instances through the life of the Cc
the City will be the interpreter of the intent of the Contract Documents, i
City's decision relative to said intent will be final and binding. Failure
Contractor to apprise subcontractors and materials suppliers of this cond
the Contract will not relieve responsibility of compliance.
Payment. For all compensation for Contractor's performance of work unc
Contract, City shall make payment to the Contractor per Section 9-3
Standard SDecifications for Public Works Construction (SSPWC) 1991
and the latest supplement, hereinafter designated "SSPWC", as issued
Southern California Chapter of the American Public Works Association,
amended by the Special Provisions section of this contract. The closure
3. e
4.
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B:\CNT92010.BVC
each monthly invoice will be the 30th of each month. Invoices fron
Contractor shall be submitted according to the required City format to the
assigned project manager no later than the 5th day of each month. Pay will be delayed if invoices are received after the 5th of each month. The
retention amount shall not be released until the expiration of thirty-five
days following the recording of the Notice of Completion pursuant to CaU
Civil Code Section 3184.
Independent Investigation. Contractor has made an independent investigar
the jobsite, the soil conditions at the jobsite, and all other conditions that
affect the progress of the work, and is aware of those conditions. The Ca
price includes payment for all work that may be done by Contractor, wj
anticipated or not, in order to overcome underground conditions.
information that may have been furnished to Contractor by City
underground conditions or other job conditions is for Contractor's conve:
only, and City does not warrant that the conditions are as thus in&
Contractor is satisfied with all job conditions, including underground con(
and has not relied on information furnished by City.
0
5.
6. Contractor Responsible for Unforeseen Conditions. Contractor sh
responsible for all loss or damage arising out of the nature of the work o
the action of the elements or from any unforeseen difficulties which may a
be encountered in the prosecution of the work until its acceptance by th
Contractor shall also be responsible for expenses incurred in the suspen:
discontinuance of the work. However, Contractor shall not be responsi
reasonable delays in the completion of the work caused by acts of God,
weather, extra work, or matters which the specifications expressly stipd
be borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves (
trenches or other excavations that extend deeper than four feet below the
Contractor shall promptly, and before the following conditions are dis
notify City, in writing, of any:
e
7.
I.
B:\CNT9201O.BVC
a
A. Material that Contractor believes may be material that is hazardous i
as defined in Section 251 17 of the Health and Safety Code, that is ref
to be removed to a Class I, Class 11, or Class 111 disposal site in accor
with provisions of existing law.
Subsurface or latent physical conditions at the site differing from
indicated.
Unknown physical conditions at the site of any unusual nature, di
materially from those ordinarily encountered and generally recognj
inherent in work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the con
do materially so differ, or do involve hazardous waste, and cause a decrt
increase in contractor's costs of, or the time required for, performance of a~
of the work shall issue a change order under the procedures described
contract.
In the event that a dispute arises between City and Contractor whet1
conditions materially differ, or involve hazardous waste, or cause a decrc
increase in the contractor's cost of, or time required for, performance of a]
of the work, contractor shall not be excused from any scheduled completi(
provided for by the contract, but shall proceed with all work to be per
under the contract. Contractor shall retain any and all rights provided ei
contract or by law which pertain to the resolution of disputes and I
between the contracting parties.
Change Orders. City may, without affecting the validity of the Contrac
changes, modifications and extra work by issuance of written change
Contractor shall make no change in the work without the issuance of a
change order, and Contractor shall not be entitled to compensation for ar
work performed unless the City has issued a written change order design
advance the amount of additional compensation to be paid for the WOI
change order deletes any work, the Contract price shall be reduced by a :
reasonable amount. If the parties are unable to agree on the am
reduction, the work shall nevertheless proceed and the amount I
determined by litigation. The only person authorized to order changes
work is the Project Manager. The written change order must be execute
City Manager or the City Council pursuant to Carlsbad Municipal Code
3.28.172.
B.
C.
e
8.
9. Immigration - Reform and Control Act. Contractor cefies he is awal
requirements of the Immigration Reform and Control Act of 1986
Sections 1101-1525) and has complied and will comply with these requh
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B:\CNT92010.BVC
including, but not limited to, venfying the eligibility for employment
agents, employees, subcontractors, and consultants that are included ir
Contract.
Prevailing Wage. Pursuant to the California Labor Code, the director (
Department of Industrial Relations has determined the general prevailing r
per diem wages in accordance with California Labor Code, Section 1773
copy of a schedule of said general prevailing wage rates is on file in the ofi
the Carlsbad City Clerk, and is incorporated by reference herein. Pursu
California Labor Code, Section 1775, Contractor shall pay prevailing 7
Contractor shall post copies of all applicable prevailing wages on the job
Indemnification. Contractor shall assume the defense of, pay all exper
defense, and indemmfy and hold harmless the City, and its officer
employees, from all claims, loss, damage, injury and liability of every kind,
and description, directly or indirectly arising from or in connection wi
performance of the Contractor or work; or from any failure or alleged fai
Contractor to comply with any applicable law, rules or regulations inc
those relating to safety and health; except for loss or damage which was (
solely by the active negligence of the City; and from any and all claim!
damages, injury and liability, howsoever the same may be caused, re:
directly or indirectly from the nature of the work covered by the Contract,
the loss or damage was caused solely by the active negligence of the Cit
expenses of defense include all costs and expenses including attorneys f
litigation, arbitration, or other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the c
insurance against claims for injuries to persons or damage to property whi
arise from or in connection with the performance of the work hereunder
Contractor, his agents, representatives, employees or subcontractors.
insurance shall meet the City's policy for insurance as stated in Resolutj
a
10.
11.
e
12.
91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the t~
coverages and minimum limits indicted herein:
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for bodil
and property damage.
separate aggregate in the amounts specified shall be establii
the risks for which the City or its agents, officers or emplo:
additional insureds.
If the policy has an aggregate
a
B:\CNT9201O.BVC
2. Automobile Liabilitv Insurance:
0
$1,000,000 combined single limit per accident for bodily injur
property damage. In addition, the auto policy must cove
vehicle used in the performance of the contract, used onsi
offsite, whether owned, non-owned or hired, and wl
scheduled or non-scheduled. The auto insurance certificate
state the coverage is for "any auto" and cannot be limited j
manner.
Workers' Compensation and Emdovers' Liability Insurance:
Workers' compensation limits as required by the Labor Code
State of California and Employers' Liability limits of $1,000,01
incident. Workers' compensation offered by the
Compensation Insurance Fund is acceptable to the City.
3.
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the poli
insurance required under this agreement contain, or are endor
contain, the following provisions. General Liability and Auto.
Liability Coverages:
1. The City, its officials, employees and volunteers are to be c
as additional insureds as respects: liability arising out of ac
performed by or on behalf of the Contractor; produc
completed operations of the contractor; premises owned,
hired or borrowed by the contractor. The coverage shall (
no special limitations on the scope of protection afforded
City, its officials, employees or volunteers.
The Contractor's insurance coverage shall be primary insur
respects the City, its officials, employees and volunteers
insurance or self-insurance maintained by the City, its o
employees or volunteers shall be in excess of the con1
insurance and shall not contribute with it.
Any failure to comply with reporting provisions of the polic:
not affect coverage provided to the City, its officials, emplc
volunteers.
Coverage shall state that the contractois insurance sha
separately to each insured against whom claim is made o
brought, except with respect to the limits of the insurer's '
"CLAIMS MADE" POLICIES - If the insurance is provided on a "c1ab-1
basis, coverage shall be maintained for a period of three years folloi
date of completion of the work.
0
2.
3.
4.
(C) 0
B:\CNT92010.BVC
(D) NOTICE OF CANCELLATION - Each insurance policy required by agreement shall be endorsed to state that coverage shall not be suspeI
voided, canceled, or reduced in coverage or limits except after thirty
days' prior written notice has been given to the City by certified
return receipt requested.
a
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -
deductibles or self-insured retention levels must be declared to
approved by the City. At the option of the City, either: the insurer
reduce or eliminate such deductibles or self-insured retention levc
respects the City, its officials and employees; or the contractor shall pr
a bond guaranteeing payment of losses and related investigation,
administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required undc
agreement shall contain a waiver of all rights of subrogation the h
may have or may acquire against the City or any of its offici:
employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as im
under its policies or shall furnish separate certificates and endorsemer
each subcontractor. Coverages for subcontractors shall be subject to
the requirements stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with in
that have a rating in Best's Key Rating Guide of at least A-:V, ai
authorized to do business within the State of California and are inch
the official publication of the Department of Insurance of the St
California as allowed under the standards specified in by the City C
Resolution No. 91-403 .
VERIFICATION OF COVERAGE - Contractor shall furnish the Civ
certificates of insurance and original endorsements affecting co
required by this clause. The certificates and endorsements fol
insurance policy are to be signed by a person authorized by that ins
bind coverage on its behalf. The certificates and endorsements are t
forms approved by the City and are to be received and approved by t
before work commences.
COST OF INSURANCE - The Cost of all insurance required und
agreement shall be included in the Contractor's bid.
(F)
e
(I)
(J)
a
B:\CNT92010.8VC
13. Claims and Lawsuits. All claims by Contractor for $375,000 or less sb
resolved in accordance with the provisions in the Public Contract Code, Dh
2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) whic
incorporated by reference. All claims over $375,000 shall comply wid
Government Tort Claims Act (Section 900 et seq of the California Govern
Code) for any claim or cause of action for money or damages prior to filin
lawsuit for breach of this agreement.
Maintenance of Records. Contractor shall maintain and make available at n
to the City, upon request, records in accordance with Sections 1776 and 11
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor doc
maintain the records at Contractor's principal place of business as spc
above, Contractor shall so inform the City by certified letter accompanyir
return of this Contract. Contractor shall notify the City by certified mail (
change of address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencinj
Section 1720 of the Labor Code are incorporated herein by reference.
Securitv. Securities in the form of cash, cashier's check, or certified chec
be substituted for any monies withheld by the City to secure performance 1
contract for any obligation established by this contract. Any other securit
is mutually agreed to by the Contractor and the City may be substitut
monies withheld to ensure performance under this Contract.
Affirmative Action. Contractor certifies that in preforming under the pu
order awarded by the City of Carlsbad, he will comply with the County
Diego Affirmative Action Program adopted by the Board of Supervisors, inc all current amendments.
Provisions Reauired bv Law Deemed Inserted. Each and every provision
and clause required by law to be inserted in this Contract shall be deemec
inserted herein and included herein, and if, through mistake or othenvi:
such provision is not inserted, or is not correctly inserted, then upon appl
of either party, the Contract shall forthwith be physically amended to mal
insertion or correction.
0
14.
15.
16. 0
17.
18.
....
....
.... a ....
B:\CNT92010.BVC
19. Additional Provisions. Any additional provisions of this agreement are sei
in the "General Provisions" or "Special Provisions" attached hereto and IT
part hereof.
a
RUTLEDGE GRADALLS
NOTAIUAL ACKNOWLEDGEMENT OF Contractor
EXECUTION BY ALL SIGNATORIES
MUST BE ATI'ACHJD
(CORPORATE SEAL) Print Name of Signatory
'7
APPROVED TO AS TO FORM:
1
I' A/ /
RONALD R. BALL
City Attorney 24 (-2 ,) ,) j ,;&- ( -
Gbatuii of signaiory - "&[ &.y&' - e
By:
I
-d
Deputy City Attorney
ATTEST:
L
0'
B:\CNT92010.BVC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
&ntyof SAN DIEGO Though statute does not ra
fill in the data below, dol
invaluable to persons relying
VALERIE M. PEARCE, NOTARY PUBLIC
c] CORPORATE OFF NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC"
1-29-93 before me, DATE
personally appeared JEANNIE C . 6 EDWARD P . RUTLEDGE t
personally known to me - OR - proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(@ acted, executed the instrument.
NAME(S) OF SIGNER(S) TITLE(!
PARTNEW) [zl
Al-roRNEY-IN-FA
TRUSTEE(S)
GUARDIANGONS 0 OTHER:
to be the person(s) whose name(s) idare
SIGNER IS REPRE
NAME OF PERSON(S) OR EN
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATACHED TO
THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Car
4 BOND NO. B 360171
$
MOR AND MATERIALS BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resoluuo
93-4 , adopted January 5, 1993 , has awarded to Rutledge Gi
(hereinafter designated as the "Principa
Contract for the Maintenance of Buena Vista Channel, Contract No. U/M 92-5, in th
of Carlsbad, in strict conformity with the drawings and specifications, and other Co
Documents now on file in the Office of the City Clerk of the City of Carlsbad and
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the
thereof require the furnishing of a bond, providing that if Principal or any oj
subcontractors shall fail to pay for any materials, provisions, provender or other SL
or teams used in, upon or about the performance of the work agreed to be done, or f
work or labor done thereon of any kind, the Surety on this bond will pay the same
extent hereinafter set forth.
NOW, THEREFORE, WE,
Principal, (hereinafter designated as the "Contractor"), and VIGILANT INSURANCE
1)
Rut ledge Gradal Is
COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the :
ed slxtv ~IX and cinllnn Dahs ($ 102,866.50 ), said sum being fifty percent (50%) of the esti
amount payable by the City of Carlsbad under the tern of the Contract, for
payment well and truly to be made we bind ourselves, our heirs, executo
administrators, successors, or assigns, jointly and severally, firmly by these presen
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or 1
subcontractors fail to pay for any materials, provisions, provender, supplies, or tean
in, upon, for, or about the performance of the work contracted to be done, or for an
work or labor thereon of any kind, or for amounts due under the Unemployment Ins
Code with respect to such work or labor, or for any amounts required to be del
withheld, and paid over to the Employment Development Department from the w
employees of the contractor and subcontractors pursuant to Section 13020
Unemployment Insurance Code with respect to such work and labor that the Swt
pay for the same, not to exceed the sum specified in the bond, and, also, in case
brought upon the bond, costs and reasonable expenses and fees, including rea:
attorney's fees, to be fixed by the court, as required by the provisions of Section C
the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corpc
entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (corn
with Section 3082).
e
e
B:\CNT92010.BVC
?
5
In the event that Contractor is an individual, it is agreed that the death of any
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 29T8 day of JANUARY ,19 93. JANUARY , 1993.
e
Executed by SURETY this 29~8 daj
0
CONTRACTOR: SURETY:
RUTLEDGE GRADALLS VIGILANT INSURANCE COMPANY
(Name of Contractor) (Name of Surety)
15 MOUNTAIN VIEW ROAD
Wm, NJ 07061
(Address of Surety)
By:
EDWARD P. RUTLEDGE (201) 967-9400
(print name here)
J
OWNER, RUTLEDGE GRADALLS
(title and organization of signatory)
-
(’. -/y> J/:& i JEROLD D .. EIALL , ATTORNEY-IN-PAC r By: -, & p’//z 7’1 , / .. - -1 1 Printed name of Attorney-in-Fact
(attach corporate resolution si-
current power of attorney)
/i’ (sign herel
e
JEANNIE C. RUTLEDGE
(print name here)
r
OWNER, RUTLEDGE GRADALLS
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If (
officer signs, the corporation must attach a resolution certified by the secretary or assistant secreta
I corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL C
P
1 0 r iL4
mN J.HERATA v
Deputy City Attorney e
B:\CNT92010.BVC
Though statute does not rf
fill in the data below, do
invaluable to persons relyin
County of SAN DIEGO
On 1-29-93 before me, VALERIE M. PEARCE, NOTARY PUBLIC
NAME, TITLE OF OFFICER. E.G.. "JANE DOE. NOTARY PUBLIC" CORPORATE OFf zrsonally appeared JEANNIE C. Si EDWARD P. RUTLEDGE
NAME(S) OF SIGNER(S) TITLE(
PARTNEW c]
AnoRNEY-IN-F*
personally known to me - OR - 17 proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
to be the person(s) whose name(s) is/are 0
0 OTHER: capacity(ies), and that by his/her/their
signature(s) on the instrument the person@),
SIGNER IS REPRE!
NAME OF PERSON(S) OR EN
, THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT
01992 NATIONAL NOTARY ASSOClATlON 8236 Remmet Ave., P.O. Box 7184 Can0
- OPTIONAL SE
CAPACITY CLAIMED
Though statute does not req
fill in the data below, doin
invaluable to persons relying 1
c] CORPORATE OFF11
State of ChIFORNIA
Countyof SAN DIEGO
bn- 1-29-93 before me, VALERIE M. PEARCE, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC"
personally appeared JEROLD D. HALL
NAME(S) OF SIGNER(S) nnE(s) 0 PARTNER@) I Cl' personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
H ATToRNEY-IN-FAC 0 TRUSTWS)
0 GUARDIAN/CONSE
s 15 ":2:y 13, i"o,5 SIGNER IS REPRES
NAME OF PERSON(S) OR ENTl
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT
Qi992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canog
f POWER OF ATTORNEY
L Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a h
Jack T. Warnock, James F. Teghtmeyer, Jerold tion*, has constituted and appointed, and does hereby constitute and appoint Sandra J. Little of Sari Diego, California-----------------------------------------------------------------
e
each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for ar surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained p final estimates.
In Wltness Whereof, the said VIGILANT INSURANCE COMPANY has, pursuant to its By-Laws, caused these presents to be signed by its Vice-president and Assistant Secretary an
hereto affixed this 19th day of November 19 92
Corporate Seal
VIGILANT I URANCE COMPANY
By B eorge McClellan Vice-President
\ } ss. STATE OF NkW JERSEY
County of Somerset
On this 19th day of November 19 92 . , before me personally came Richard D. OConnor to me known and by me known to be Assistant Secret
SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney. and the said Richard D. O’Connor being by me duly sworn, did depose and say that
of the VIGILANT INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by
of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority: and that he is acquainted with George McClellan and knows him
ompany, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscr
Acknowledged and Sworn to before me
CERTIFICATION } ss. STATE OF NEW JERSEY
County of Somerset
I. the undersigned, Assistant Secretary of the VIGILANT INSURANCE COMPANY, do hereby certify that the followin
on June 13. 1974 and most recently amended March 3, 1986 and that this By-Law is in full force and effect.
“ARTICLE XV
Section 2. All bonds, undertakings, contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may ar
in the narne and on behalf of the Company either by the Chairman or the Vice-chairman or the President or a Vice-president, jointly with the Secretary or an Assistant Secretary, ur
designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney e
for in Section 3 below, may execute any such bond. undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice-chairman or thf
President or an Vice-President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed..
of the following officers: Chairman, Vice Chairman. President, any Vice President, any Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by fi
of attorney orto any certificate relating theretoappointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakins and otherwritings ob
thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powerso executed and certil
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.”
I further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in the State of cf&IFoWIA
to become sole surety on bonds, undertakings, etc. permitted or required by the laws of the United States.
And I furthercertifythattheforegoing Powerof Attorneyisnow in fullforceandeffect.
93 ,is- 29TEI dayof JANUARY r. f SWCompanyat Warren, N.J., this
!$ ;.
1 k I ,/x/+-&<L/L
Assistant Secretary
Form21-10-0355(Rev. 11-9Z)CONSENT
T108ERT F. DRIVER CO., dNC. x
Jerry Hall
Your represenlaliue
(6 19) 238- 1828
1620 FIFTH AVE., SAN DIEGO, CA 92101
n
4 BOND NO. B 360171
PERFORMANCE BOND 9
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolutio
93-4 , adopted January 5, 1993 y has awarded to Rutledae Gradak
, (hereinafter designated as the "Principal"), a Contract fc
Maintenance of Buena Vista Channel, Contract No. U/M 92-5, in the City of Carlsbi
strict conformity with the contract, the drawings and specifications, and other Coi
Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of -
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the
thereof require the furnishing of a bond for the faithful performance of said Contr:
NOW, THEREFORE, WE, Rutledge Cradalls , as Prix
(hereinafter designated as the "Contractor") y and VIGILANT INSURANCE COE~PANP
Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Two hl
thousand, seven hundred thirty three & 00/ io0 Dollars ($ma), said sum
equal to one hundred percent (100%) of the estimated amount of the Contract, to b
to City or its certain attorney, its successors and assigns; for which payment, well an(
to be made, we bind ourselves, OUT heirs, executors and administrators, success
assigns, jointly and severally, finnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Cont
their heirs, executors, administrators, successors or assigns, shall in all things stand
abide by, and well and truly keep and perform the covenants, conditions, and agret
in the Contract and any alteration thereof made as therein provided on their part
kept and performed at the time and in the manner therein specified, and in all rz
according to their true intent and meaning, and shall indemnify and save harmless tl
of Carlsbad, its officers, employees and agents, as therein stipulated, then this oblj
shall become null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount sp
therefor, there shall be included costs and reasonable expenses and fees, inc
reasonable attorney's fees, incurred by the City in successfully enforcing such obli;
all to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or additioi
terms of the Contract, or to the work to be performed thereunder or the specifi
accompanying the same shall affect its obligations on this bond, and it does herebj
notice of any change, extension of time, alterations or addition to the terms
Contract, or to the work or to the specifications.
e
0
B:\CNT92010.BVC
>
4
I In the event that Contractor is an individual, it is agreed that the death of an3
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 29TH Executed by SURETY this 29T8 da
day of JANUARY ,1993. JANUARY , 1993.
CONTRACTOR: SURETY:
a
RUTLEDGE GRADALLS VIGILAEBT INSURANCE COMl?ANY
(Name of Contractor) (Name of Surety)
15 MOUNTAIN VIEW ROAD
WARREN, NJ 07061 By:[&&@' 9 ///&52??/<. v
(sign here) (Address of Surety)
EDWARD P. RUTLEDGE (201) 967-9400
* (print name here)
OWNER, RUTLEDGE GRADALLS
(title and organization of signatory)
7 n
e
b Printed name of Attorney-in-Fact
JEANNIE C. RUTLEDGE (attach corporate resolution SI
(print name here) current power of attorney)
OWNER, RUTLEDGE GRADALLS
(title and arganization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If (
officer signs, the corporation must attach a resolution certified by the secretary or assistant secreta
m
a corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
t
*
-! LLJ
W - -. I KAREN J. HIRATA BY:
Deputy City Attorney
B:\CNT92010.BVC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CAPACITY CLAIME
Though statute does not r( fill in the data below, dc
invaluable to persons relyin
CORPORATE OF1
NAME(S) OF SIGNER(S) TITLE( [7 PARTNER(S)
ArroRNEY-lN-FP
State of CALIFORNIA
VALERIE M. PEARCE, NOTARY PUBLIC
JEANNIE C. & EDWARD P. RUTLEDGE
NAME, TITLE OF OFFICER ~ E G , "JANE DOE, NOTARY PUBLIC"
,Jersonally appeared I
B personally known to me - OR - proved to me on the basis of satisfactory evidence
subscribed to the within instrument and ac-
to be the person(s) whose name(s) idare 0
c] OTHER: capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
SIGNER IS REPRE
NAME OF PERSON(S) OR EN my hand and official seal.
OPTIONAL SECTION
TnlS CERTIFICATE MUST BE AITACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT
01 992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 71 84 Can1
CAPACITY CLAIME
Though statute does not re
fill in the data below, do
invaluable to persons relyinc
CORPORATE OFF
State of CALIFORNIA
Countyof SAN DIEGO
On 1-29-93 before me, VALERIE M. PEARCE, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E G . "JANE DOE. NOTARY PUBLIC"
personally appeared JEROLD D. HALL I NAME(S) OF SIGNER(S) TITLE('
PARTNER(S) c] m personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their puth rized
capacity(ies), and that by ki-dbri 3 heir
signature(s) on the instrument the person(s),
Q ATToRNEY-"-FA'
c] TRUSTEE61
0. GUARDIANICONSI
OOTHER:
SIGNER IS REPRE!
NAME OF PERSON(S) OR EN WITNESS my, hand and official seal.
0 PTI ON AL S ECTl ON
THIS CERTIFICATE MUST BE AlTACHED TO
,' THE DOCUMENT DESCRIBED AT RIGHT. TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
01 992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0. Box 71 84 Can(
Y
C POWER OF ATTORNEY
Know all Men by these Presents, That the VIGILANT INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a I
Jack T. Warnock, James F. Teghtmeyer, Jerold tion, &as constituted and appointed, and does hereby constitute and appoint sandra J. ~ittl~ of Sari Diego, California----------------------------------------------------------------
e
each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for a surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained I final estimates.
In Wltness Whereof, the said VIGILANT INSURANCE COMPANY has, Pursuant to its By-Laws, caused these presents to be signed by its Vice-president and Assistant Secretary a
hereto affixed this 19th day of November 19 92
Corporate Sed
VIGILANT I URANCE COMPANY
By 3 eorge McClellan Vice-President
f ] ss. STATE OF NEW JERSEY
County of Somerset
On this l9th day of November 19 92 ’ , before me personally came Richard D. OConnor to me known and by me known to be Assistant Secrt
SURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Richard D. OConnor being by me duly sworn, did depose and say tha
of the VIGILANT INSURANCE COMPANY and knows the corporate Seal thereof: that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed b)
of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority: and that he is acquainted with George McClellan and knows him
ompany. and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subsc
Acknowledged and Sworn to before me
CERTIFICATION ] ss. STATE OF NEW JERSEY
County of Somerset
I, the undersigned, Assistant Secretary of the VIGILANT INSURANCE COMPANY, do hereby certify that the followin
on June 13, 1974 and most recently amended March 3. 1986 and that this By-Law is in full force and effect.
“ARTICLE XV
Section 2. All bonds, undertakings. contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may i
in the name and on behalf of the Company either by the Chalrman or the Vice-chairman or the President or a Vice-president. jointly with the Secretary or an Assistant Secretary, L
designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney I
for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice-chairman or tt
President or an Vice-president, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed.
of the following officers: Chairman, Vice Chairman, President, any Vice President, any Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by
of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-fact for purposes only of executing and attesting bonds and undertakins and other writings o
thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cen
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking towhich it is attached.”
I further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in the State of CALIFORNIA
to becomesolesurety on bonds, undertakings, etc. permitted or required bythe lawsof the United States.
And I further certify that the foregoing Power of Attorney is now in full force and effect.
29TH day of JANUARY 5 19--- 93 ‘I. UCompanyat Warren, N.J.. this & I xJ,7&<LdL / 6 ‘ .. ,
Assistant Secretary
Form 21-10-0355(Rev. 11-9Z)CONSENT
ROB€RT T. DRIVfR CO., INC.
Jerry Hall
Your represenlalive
(6 1 9) 238- 1828
1620 FIFTH AVE., SAN DIEGO, CA 92101
COVERAGE
L MIT(S) CoVERED CO%&ED LIABILITY NCLUDE(S) BOTH PRIMARY 0 Owned AND EXCESS
( f excess applicable)
__ AUTO
@ Hired
a [23 Contingent Liability
Non-Owned 0 Employer's Non-Ownership
Single Limit Liability for Coverages checked [x3 above
GENERAL LIABILITY
M&C-OLT Owners & Contractors Contractual * Elevators
Completed Operations [7 Products andlor
"{ la
El
@ Single Limit Liability for Coverages checked aabove
a I3 Cargo
COMBINED LIMITS OF LIABILITY
Bodily Injury $ ,000 each F
$ . + ,000 each c
,000 each c
1, wJ ,000 each c
Bodily Injury $ ,000 each F
,000 each c ,000 annual z $ products
,000 each ( ,000 annual a
product'
Property Damage $
$
$
Property Damage $
$
$ 8,mD ,000 each i
$ 1;933 ,000 ;;;tc;
$ ,000 each \
,000 each ( $
_L [7 Oescribeda Description OWNED below waved
AUTO-
MOBILES,
YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION N
Umbrella Liability
POLICY NUMBER
$ ,000 reti
$ , eat
$ I ag
-
I
-
5’ .r. -* ’-
e
0
Q wo - a
siou!~~ ‘06e3iy3
SlaJIiMlapun ssa3x3 op
puel6u3 ui saiuedwo=) IOIPUF? uopuol ‘sph017 - 3
eiu~ojil~3 ‘sap6uy sol
‘03 ‘8 WPM 013 puel6u3 UI saiueduo=) ~o/pue uopuoi ‘spho(7 - 8
AuedLuo3 aDusinsu1 AJniua=)-pilr\l - y
eiu~oyle3 ‘saia6uy so7
33NW fl SN I SS33X3
eiuAojile3 ‘sala6uy sol
hueduo3 a3ueJnsul Amjua3-pilr\l ’ E
:heduo=) ayi SB ‘31 Aq panssi uay~ ‘Aqod at# UI 01 pailqa~ heduo3 ~301s E SI 6ur~olloj ayl
eyjoyle3 ‘sqa6uy sol eiu~o~ip3 ‘sapGuy sol
a6uey3x3 a=rueJnsul yml ’2 36~~~43x3 a3uelnsul s~auiej ’ t
:heduo3 ayi SB ‘uayi jo iayp /(q panssi uayM
’A311Od aL/l UI 01 PaJla~aJ SaUI~~UIOS S~~UE~DX~ a3UEiflSUl-Ja$Ul aJe 6UIMO/lOJ ayl
dflOH3 33NWnSNI Sti3v\ltlVJ
I
Attach to your policy with the same policy number shown on this endorsement.
ENDORSEMENT
Effective Date 1-12-93 60189 99 81
Policy Number
of the Company designat' ET-2 in the Declarations
"IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO
WHICH THIS CERTIFICATE REFERS MAY NOT BE CANCELED,
MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF
REDUCED UNTIL THIRTY (30) DAYS AFTER RZCEIPT OF WRITTEN
NOTICE OF CANCELLATION OR REDUCTION IN COVERAGE BY THE
CITY CLERK OF THE CITY OF CARLSBAD. COVERAGE UNDER THIS
POLICY SHALL BE PRIMARY AND NONCONTRIBUTING WITH ANY
OTHER INSURANCE AVAILABLE TO THE CITY OF CARLSBAD."
Effective not prior to time
part of the above numbere
in the policy contrar
thereof.
Countersigned
the effective date shown above this endorsement, when countersignec
the Company designated in the Declarations, and supercedes and contrc
i;e subject to the Declarations, Insuring Agreements, Exclusions and
4
/
56-0002 (ACT-ET-2) 1,<-87 1200 1 C/ 1200 _PRINTED IN U.S.A. I
ADDITIONAL INSURED ENDORSEMENT
Reference is made to the attached Certificate as To Evidence of Insurance.
lit is agreed that:
The person or organization to whom the attached Certificate is issued is an additional insured. This applies only
to liability arising out of the acts or omissions of the named insured. It applies only to the coverages indic
Certificate.
This extension of coverage does not apply:
1. To liability arising out of the negligence of the additional insured, its agents or employees, unless the agent
2. To any defect of material, design or workmanship in any equipment of which the additional insured is the c
21. To any vehicle liability when the named insured is not the owner or does not have care, custody, or control o
The intent of this endorsement is to provide the coverage as stated above and in the Certificate. If any court s
tliis endorsement to provide coverage other than what is stated above then our limits of liability shall be the lin
illjury liability and property damage liability specified by any motor vehicle financial responsibility law of the sic
or territory where the named insured resides. If there is no such law, our limit of liability shall be $5,000 01
bodily injury sustained by one person in any one occurrence and subject to this provision respecting each pers
on account of bodily injury sustained by two or more persons in any one occurrence. Our total liability for all (
cause of all property damage sustained by one or more persons or organizations as the result of any one occs
not exceed $5,000. This endorsement does not increase the coverage limits.
is the named insured.
manufacturer, mortgagee, or beneficiary.
This endorsement becomes part of the policy to which it is attached and supersedes and controls onything in the policy contrary hereto
iect to the Declarations, Insuring Agreements, Exclusions and Conditions thereof.
(ADDITIONAL INSURED END.)
96-0108 7TH EDITION 11-86 F-92 1151 SWIOOO P 1
- - - A
t* 1
STATE COM PEN SAT10 N
P.O. BOX 420807, SAN FRANCISCO, CA 941 42-0807 * ESUND
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE t
JANUARY 13, 1993 POLICY NUMBER 0587270 -
CERTIFICATE EXPIRES 11 -7 -93
r CITY OF CARLSBAD ATTN: BUILDING DEPARTMENT
2075 LAS PALMAS DRIVE CARLSBAD CA 92009-4859 JOB: BUENA VISTA
CHANNEL MAINTEI U/M92-5 L-
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the Califor
Insurance Commissioner to the employer named below for the policy period indicated
This policy IS not subject to cancellation by the Fund except upon gxdays' advance written notice to the employer.
We will also give you aMdays' advance notice should this policy be cancelled prior to its normal expiration.
Thls certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by polrcies listed herein Notwithstanding any requirement, term, or condition of any contract or other document v
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the poll
described herein is subject to all the terms, exclusions and conditions of such policies.
30 -
30
0 &LEY
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE
01/13/93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF CARLSBAD
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
01/13/93 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
-
EMPLOYER
r 0 RUTLEDGE GRADALLS 14751 OLIVE VISTA DR JAMUL CA 91935 NR
L
9CIF lnO&3 fRF\/ 10 86)
mm.wwmwtmwu~.~ nu nbrP"CGIS I lit INTEREST OF THE CERTIFICATE HOLDER WlfL ,NO?BE CANCELED TERNIINATED WITHOUT GIVING 10 DAYS PRIOR WRSTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BE EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRSIT,,N. THIS CERTlFlCAT DOESNOTCHANGETHECOVERAC;EPROVlDEDBYANYPOLlCYDESCP(IBEDBELOW. '
This CMtifieS that: 6w STATE FARM MUTUAL AUTOMOBIE INSURANCE COMPANY of Bloomingtoi, Illinois, or 0 STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois -r6 coverage in force for the following Named Insured as shown below:
Namecl Insured
Address of Named Insured
Rutledge, Edward S, Jeannie
14751 Olive Vista Drive, Jamul, California 91935
DESCRIPTION OF 1986 Ford Pickup
VEHICLE OR ANY AUTO USED
Agent's Code Number
Name and Address of Certificate Holder Name and Address of Agent 1 r
Additional Insured:
City of Carlsbad Frank A. Brown I11
1200 Carlsbad Village Drive
Carlsbad, CA 92008 El Cajon, California 92019
823 Jamacha Road
L _I L
----.amas ~ ~~~ ~
~-
OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RECENTION
e
This Escrow Agreement is made and entered into by and between the City of Car:
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereir
address is
called "City" and M
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the o
to deposit securities with Escrow Agent as a substitute for retention ear
required to be withheld by City pursuant to the public works contract er
into between the City and Contractor for amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attack
Exhibit "A". When Contractor deposits the securities as a substitute for Co
earnings, the Escrow Agent shall notify the City within ten (10) days
deposit. The market value of the securities at the time of the substitutiol
be at least equal to the cash amount then required to be withheld as ret1
under the terms of the Contract between the City and Contractor. Securitie
be held in the name of City of Carlsbad and shall designate the Contractor
beneficial owner. Prior to any disbursements, Escrow Agent shall verify tk
present cumulative market value of all securities substituted is at least ec
the cash amount of all cumulative retention under the terms of the Conb
The City shall make progress payments to the Contractor for such funds
otherwise would be withheld from progress payments pursuant to the Cc
provisions, provided that the Escrow Agent holds securities in the for
amount specified above.
Alternatively, the City may make payments directly to Escrow Agent
amount of retention for the benefit of the City until such time as the t
created hereunder is terminated.
1 e
2.
3.
a
B:\CNT9201O.BVC
4. Contractor shall be responsible for paying all fees for the expenses incm
Escrow Agent in administering the escrow account. These expenses any pa!
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts hc
escrow and all interest earned on that interest shall be for the sole accoi
Contractor and shall be subject to withdrawal by Contractor at any time an(
time to time without notice to the City.
Contractor shall have the right to withdraw all or any part of the principal
Escrow Account only by written notice to Escrow Agent accompanied by v
authorization from City to the Escrow Agent that City consents to the withc
of the amount sought to be withdrawn by Contractor.
The City shall have a right to draw upon the securities in the event of defi
the Contractor. Upon seven (7) days written notice to the Escrow Agen
the City of the default of the Contractor, the Escrow Agent shall imme
convert the securities to cash and shall distribute the cash as instructed
City.
Upon receipt of written notification from the City certdying that the Con
has complied with all requirements and procedures applicable to the Co
Escrow Agent shall release to Contractor all securities and interest on depc
escrow fees and charges of the Escrow Account. The escrow shall be
immediately upon disbursement of all monies and securities on depo
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City i
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreem
the City and Contractor shall hold Escrow Agent harmless from Escrow
release and disbursement of the securities and interest as set forth in Sec
thru 8 and 10.
a
5.
6.
7.
8. e
9.
....
....
....
....
....
.... a
B:\CNT92010.BVC
10. The names of the persons who are authorized to give written notices
receive written notice on behalf of the City and on behalf of Contract
connection with the foregoing, and exemplars of their respective signature
as follows:
For City: Title
a
Name
Signature
Address
For Contractor: Title
Name
Signature
Address a For Escrow Agent: Title
Name
Signature
Address
e /
B:\CNT92010.BVC
/
At the time the Escrow Account is opened, the City and Contractor shall deliver ti
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper of
on the date first set forth above.
a
For City: Title
Name
Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
a
Name
Signature
Address
0
B:\CNl92010.BVC
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 compens
of whatever nature due the Contractor for all labor and materials furnished and fi
work performed on the above-referenced project for the period specified above wit
exception of contract retention amounts and disputed claims specifically shown bel(
RETENTION AMOUNT FOR THIS PERIOD: $
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DISPUTED CLAIMS
DESCRIPTION OF CLAIM AMOUNT CLAIMED
The Contractor further expressly waives and releases any claim the Contractor may
of whatever type or nature, for the period specified which is not shown as a rete
amount of a disputed claim on this form. This release and waiver has been
voluntarily by Contractor without any fraud, duress or undue influence by any pen
entity.
Contractor further certifies, warrants, and represents that all bills for labor, material
work due Subcontractors for the specified period have been paid in full and that the F
signing below on behalf of Contractor have express authority to execute this relea:
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership,
Corporation, etc.)
By:
Title:
By: 0 Title:
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SPECIAL, PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of s'
import are used, it shall be understood that reference is made to the plans accompa
these provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are u
shall be understood that the direction, designation or selection of the Engineer is intt
unless stated otherwise. The word "required" and words of similar import sh
understood to mean "as required to properly complete the work as required i
approved by the City Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar 1
are used, it shall be understood such words are followed by the expression Yn the o
of the Engineer," unless otherwise stated. Where the words "approved," "app
"acceptance," or words of similar import are used, it shall be understood that the ap1
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 e:
shall perform all operations, labor, tools and equipment, and further, includi
furnishing and installing of materials that are indicated, specified or required to me
the Contractor, at her/his expense, shall furnish and install the work, complete in pl:
ready to use, including furnishing of necessary labor, materials, tools, equipmei
transportation.
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1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California
Fngineer - the Project Manager for the City of Carlsbad or his approved representa
24 CONTRAmBONDS
Delete the third sentence of the first paragraph having to do with a surety being lis
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment
(Material and Labor Bond) shall be for not less than 50 percent of the contract pi
satisfy claims of material suppliers and of mechanics and laborers employed by cont
on the project.
Add:
The Payment Bond and the Performance Bond shall be kept in N1 force and effect
Contractor during the come of this project. Both bonds shall extend in full forc
effect and be retained by the City for a period of one (1) year from the date of 1
acceptance of the project by the City.
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating GI
at least A-:V and are authorized to conduct business in the state of California and arc
in the official publication of the Department of Insurance of the State of Californil
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2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard SDecifications for Public
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter desi
"SSPWC", as issued by the Southern California Chapter of the American Public
Association, and as amended by the Special Provisions section of this contract.
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The Construction Plans consist specifically of Section V, Special Provisions, of the con
documents for the Maintenance of Buena Vista Channel, Contract No. U/M 92-5.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacti
direction, the Contractor shall obtain and distribute the necessary copies of
instruction, including two (2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawinm:
The Contractor shall provide and keep up-to-date a complete "as-built" record :
transparent sepias, which shall be corrected daily and show every change from the or
drawings and specifications and the exact "as-built" locations, sizes and kinds of equip
underground piping, valves, and all other work not visible at surface grade. Prints fc
purpose may be obtained from the City at cost. This set of drawings shall be kept c
job and shall be used only as a record set and shall be delivered to the Engineer
completion of the work.
3-5 DISPUTED WORK o To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance w
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Artic
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
8 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seven
thousand dollars ($375,000) or less which arise between a contractor and a local a
(2) This article shall not apply to any claims resulting from a contract beh
contractor and a public agency when the public agency has elected to resolve any d
pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of tI.
Code, except that "public work" does not include any work or improvement contrac
by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a the extensic
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payment of money or damages arising from work done by or on behalf of the contr:
pursuant to the contract for a public work and payment of which is not otherwise exprc
provided for or the claimant is not otherwise entitled to, or (C) an amount the pay
of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the pla
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991,
5 20104.2. claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantia-
claim. Claims must be filed on or before the date of final payment. Nothing i
subdivision is intended to extend the time limit or supersede notice requirements 0th
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($SO,OOO), the local agenq
respond in writing to any written claim within 45 days of receipt of the claim, o
request, in writing, within 30 days of receipt of the claim, any additional documen
supporting the claim or relating to defenses or claims the local agency may have a
the claimant. e
(2) If additional information is thereafter required, it shall be requested and pa
pursuant to this subdivision, upon mutual agreement of the local agency and the cla
(3) The local agency’s written response to the claim, as further documented, sl
submitted to the claimant within 15 days after receipt of the further documental
within a period of time no greater than that taken by the claimant in produci
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal t
hundred seventy-five thousand dollars ($375,000), the local agency shall resp
Writing to all Written claims within 60 days of receipt of the claim, or may reqi
writing, within 30 days of receipt of the claim, any additional documentation sup
the claim or relating to defenses or claims the local agency may have against the cli
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(2) If additional information is thereafter required, it shall be requested and pro
pursuant to this subdivision, upon mutual agreement of the local agency and the clai
(3) The local agency’s written response to the claim, as further documented, sh
submitted to the claimant within 30 days after receipt of the further documentatic
within a period of time no greater than that taken by the claimant in producin
additional information or requested documentation, whichever is greater.
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(d) If the claimant disputes the local agency’s written response, or the local agenc
to respond within the time prescribed, the claimant may so notify the local agen
writing, either within 15 days of receipt of the local agency’s response or within 1:
of the local agencfs failure to respond within the time prescribed, respectivelq
demand an informal conference to meet and confer for settlement of the issues in di
Upon a demand, the local agency shall schedule a meet and confer conference wid
days for settlement of the dispute.
(e) If following the meet and confer conference the claim or any portion remi
dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with S
900) and Chapter 2 (Commencing with Section 910) of Part 3 of Division 3.6 of Tit
the Government Code. For purposes of those provisions, the running of the period c
within which a claim must be filed shall be tolled Erom the time the claimant subn
or her written claim pursuant to subdivision (a) until the time the claim is c
including any period of time utilized by the meet and confer conference.
§ 20104.4. Procedures for civil actions filed to resolve claims
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The following procedures are established for all civil actions filed to resolve claims :
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or resF
pleadings, the court shall submit the matter to nonbinding mediation unless wai
mutual stipulation of both parties. The mediation process shall provide for the se
within 15 days by both parties of a disinterested third person as mediator, sl
commenced within 30 days of the submittal, and shall be concluded within 15 da!
the commencement of the mediation unless a time requirement is extended upon
cause showing to the court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arb
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3
Code of Civil Procedure, notwithstanding Section 1141.11 of that code. Th
Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of
of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought unl
subdivision consistent with the rules pertaining to judicial arbitration.
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(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of P
of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experiencl
construction law, and (B) any party appealing an arbitration award who does not o
a more favorable judgment shall, in addition to payment of costs and fees under
chapter, also pay the attorney's fees on appeal of the other party.
3 20104.6.
arbitration award or judgment
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Payment by ld agency of undisputed portion of dab; interest on
(a) No local agency shall fail to pay money as to any portion of a claim wh
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at thc
rate on any arbitration award or judgment. The interest shall begin to accrue on th
the suit is filed in a court of law.
5 20104.8. Duration of article; application of article to contracts between Jan. 1,
and Jan. 1,1994
(a) This artkle shall remain in effect only until January 1, 1994, and as of that (
repealed, unless a later enacted statute, which is enacted before January 1, 1994, c
or extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into be
January 1,1991, and January 1,1994, which is subject to this article shall hcorporz
article. To that end, these contracts shall be subject to this article even if this ar
repealed pursuant to subdivision (a).
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4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed represer
The Engineer shall have free access to any or all parts of work at any the. Con
shall furnish Engineer with such information as may be necessary to keep her/hi
informed regarding progress and manner of work and character of materials. Ins] 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
materials and/or workmanship where the results of such tests meet or excc
requirements indicated in the Standard Specifications and the Special Provisions. "I
of all other tests shall be borne by the Contractors. a
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0 At the option of the Engineer, the source of supply of each of he materials sha
approved by him before the delivery is started. All materials proposed for use m:
inspected or tested at any time during their preparation and use. If, after trial, it is f
that sources of supply which have been approved do not furnish a uniform product,
the product from any source proves unacceptable at any time, the Contractor shall fu
approved material from other approved sources. After improper storage, fimdling o
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plan
the SSPWC. Compaction tests may be made by the City and all costs for tests that
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 Eng
The costs of any retests made necessary by noncompliance with the specifications sk
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 pL
specifications upon written order by the Engineer. Any cost caused by reason c
nonconforming work shall be borne by the Contractor.
5-1 LOCATION
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Add the following:
The City of Carlsbad and affected utility companies have, by a search of known rt
endeavored to locate and indicate on the Plans, all utilities which exist within the
of the work. However, the accuracy of completeness of the utilities indicated on thc
is not guaranteed.
54 RELOCATEON
Add:
The temporary or permanent relocation or alteration of utilities, including
connection, desired by the Contractor for hidher own convenience shall be the Cont:
own responsibility, and he/she shall make all arrangements regarding such work at
to the City. If delays occur due to utilities relocations which were not shown on tht
it will be solely the Citfs option to extend the completion date.
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0 In order to minimize delays to the Contractor caused by the failure of other partic
relocate utilities which interfere with the construction, the Contractor, upon request tc
City, may be permitted to temporarily omit the portion of work affected by the utility.
portion thus omitted shall be constructed by the Contractor immediately following
relocation of the utility involved unless otherwise directed by the City.
6-1 CONSIRUCTXON SCHEDULE
Moa 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 preconsmction 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.
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.
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3.
4. The schedule shall indicate estimated percentage of
completion for each item of work at each and every
submission.
The failure of the prime contractor to submit, maintain, or
revise the aforementioned schedule (s) shall enable City, at
its sole election, to withhold up to 10% of the monthly
progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the
prime contractor and approved by City as to completeness
and conformance with the aforementioned provisions.
5.
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No changes shall be made to the construction schedule without the prior written appi
of the Engineer. Any progress payments made after the scheduled completion date
not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of confli
utilities shall be requirements prior to commencement of work by the Contractor.
6-7 TIME OF COMPLETION
The Contractor shall begin work within five (5) calendar days after receipt of the %
to Proceed" and shall diligently prosecute the work to completion within twenty-five
consecutive days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.n
sunset, from Mondays through Fridays. The contractor shall obtain the approval (
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permiss
the Engineer. This written permission must be obtained at least 48 hours prior tc
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 Compl
and any faulty work or materials discovered during the guarantee period shall be re
or replaced by the Contractor, at his expense.
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6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $250.
day for each day beyond the completion date as liquidated damages for the delaj
progress payments made after the specified completion date shall not constitute a
of this paragraph or of any damages.
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating G
at least A-:V and are authorized to conduct business in the state of California and ar
in the official publication of the Department of Insurance of the State of Californi
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74 WORKERS' COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business
state of California and are listed in the official publication of the Department of Inst
of the State of California. Policies issued by the State Compensation Fund me1
requirement for workers' compensation insurance.
7-5 Pms
Mow the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-o
grading, and building permits necessary to perform work for this contract on City prc
in streets, highways (except State highway right-of-way), railways or other rights-o
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtain
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-workin
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 IT
in good repair when in use on the project with special attention to City Noise (
Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
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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 the safety of employees on th
and shall comply with all applicable provisions of Federal, State and Municipal safe
and building codes to prevent accidents or injury to persons on, about, or adjacenl
premises where the work is being performed. He/she shall erect and properly mah all time, as required by the conditions and progress of the work, all necessary saft
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for the protection of workers and public, and shall use danger signs warning ag
hazards created by such features of construction as protruding nails, hoists, well holes
falling materials.
7-13 JAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation
Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel
for use in the proposed construction project which would be subject to Section 16(
Section 1603 of the Fish and Game Code, such conditions or modifications establ
pursuant to Section 1601 of the Fish and Game Code shall become conditions c
contract.
8 FACILITLES 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 a~
of retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to pc
necessary surveying for this project. Requirements of the Contractor pertaining to thi
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of sun
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
intervals (25' intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, ht
sewers, storm drains, and structures (4 comers min.). Rough grade as required to
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 crot
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per 5
8771 of the Business and Professional Code.
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Contractor shall provide Engineer with 2 copies of survey cut sheets prior to comer
construction of surveyed item.
11 WATER FOR CON!STRUCI"ION
The Contractor shall obtain a construction meter for water utilized during the constru
under this contract. The Contractor shall contact the appropriate water agenq
requirements. The contractor shall include the cost of water and meter rental M
appropriate items of the proposal. No separate payment will be made.
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II. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCI'ION
FOR CON!YiXUCIION MATERIAIS
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(NOTE TO PROJECT MANAGER: These supplemental provisions for materials and
comprise the technical or detail specifications and must be tailored to each project
the design engineeis experience and judgment. The Standard Special Provisions k
Regional Standards Committee is a good reference.)
200-2 UNTREATED BASE MA-
Aggregate base shall be crushed aggregate base (Section 200-2.2), crushed slas
(Section 200-2.3), or crushed miscellaneous base (Section 200-2.4).
201-1 PORTLAND CEMENT CONCREIE
Concrete for drainage ditch shall be Class 520-C-2500.
Modify Section 201-1.2.1, Portland Cement, as follows:
Fht paragraph, first sentence amend to read: "All cement to be used or furnishec
be low alkali and shall be either Type I or Type II Portland Cement confomhg to
C 150, or Type IP (MS) Portland Pozzolan Cement conforming to ASTM C 595,
otherwise specified.''
Modify Section 201-1.2.3, Water, as follows:
Second paragraph replace "1,000 ppm (mg/L) of sulfates" with "1,300 (mg/L) 1
sulfates."
Third paragraph replace "800 ppm (mg/L) of sulfates" with "1,300 (mg/L) ppm of su
(b) Air-entraininz Admixtures
Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is a]
The air content of freshly mixed concrete will be determined California Test Meth
504."
Modify Section 201-1.3.3, Concrete Consistency, as follows:
Second paragraph delete: "and shall not exceed amounts shown in following table
delete table.
Modify Section 201-1.4.3, Transit Mixers, as follows: e
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Add after listing of infomation for weighmaster's certificate: "Transit mixed concrete
be certified by mix design number, provided a copy of the mix proportions are kept 01
at the plant location for a period of 4 years after the use of the mix."
201-2 S"E€X REINFORCEMENT FOR CONCRETE
No changes.
203-6 and 400-4 ASPHALT CONCRETE
Asphalt concrete shall be class C2-AR 4000, C3-AR 4000, or Type 111 C3-AR 4000.
Modify Section 203-6.6.1, Batch Plant Method, as follows:
Third paragraph, delete 'land from the Engineer's field laboratory."
Last paragraph, add after D 2172: "method A or B."
Modify Section 203-6.8, Miscellaneous Requirements, as follows:
Add the following: "Open graded asphalt concrete stored in excess of 2 hours, an
other asphalt concrete stored in excess of 18 hours, shall not be used in the work.'
Modify Section 400-4.1, General, as follows:
Second paragraph, amend to read: "Unless otherwise specified, AR-4000 paving
asphalt shall be used for Type 111 asphaltic concrete, and AR-8000 paving grade i
shall be used for asphalt concrete dikes."
Modify Section 400-4.2.4, Fine Aggregate, as follows:
Add: "The total amount of material passing the No. 200 sieve shall be determi
washing the material through the sieve with water. No less than 1/2 of the rn
passing the No. 200 sieve by washing shall pass the No. 200 sieve by dry sieving.'
Add the following paragraph: "Fhe aggregate shall be tested for soundness in acco
with ASTM D-1073, and shall not exceed fifteen percent (15%) loss by weight."
Modify Section 400-4.3, Combined Aggregates, as follows:
First paragraph, add: "MTM D2419 Test Method may be alternated for Test me^
Calif. 217."
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CLASS B2
INDMDUAL MOVING SIEVE
SIZES TEST RESULT AVERAGE
100
90-1 00
80-90
60-75
40-55
1" (25 mm) 100
1/2" (13 mm) 75-95
3/8" (10 mm) 50-80
No. 4 30-60
No. 8 22-44
No. 30 8-26
No. 22 1-8
3/4" (19 mm) 87-100
27-40
12-22
3 -6
Asphalt Oh 4.6-6.0
B3
INDMDUAL MOWN(
TEST RESULT AVERAG
100 100
90-100 95-1OC
85-100 85-95
60-84 65-80
40-60 45-60
24-50 30-45
11 -29 15-25
1-9 3-7
4.6-6.0
After the last paragraph, add the following:
The aggregated from each separate bin for asphalt concrete, Type 111, except for thc
containing the fine material shall have a Cleanness Value as noted in the added "Tat
Sand Equivalent and Cleanness Values" and as determined by Test Method No. Calif.
modified as follows:
Tests will be performed on the material retained on the No. 8 sieve from each binc
will not be a combined or averaged result.
Each test specimen will be prepared by hand shaking for 30 seconds, a single loa&
the entire sample on a 12-inch diameter, No. 4 sieve nested on top of a 12-inch &an
No. 8 sieve.
Where a come aggregate bind contains material which will pass the maximurr
specified and be retained on a 3/8 inch sieve, the test specimen weight and volu
wash water specified for one inch x No. 4 aggregate size will be used.
Samples will be obtained from the weight box area during or immediately after disc
from each bin of the batching plant or immediately prior to mixing with asphalt in thi
of continuous mixers.
The Cleanness Value of the test sample from each of the bins will be separately corn
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Modify Section 400-4.4, Storing, Drying and Screening Aggregates, as follows:
After fifth paragraph, add: 'When the Contractor adds supplemental fine aggregate
such supplemental fine aggregate used shall be stored separately and kept thoroughl
204-1 LUMBER AND PLYWOOD
Header for bituminous pavement shall be construction grade Redwood, or t
construction grade Douglas Fir.
204-2 TREATMENT WITH PRESERVATnlES
No change.
207-2 REINFORCED CONCRETE PIPE
The pipeline layout and connector pipe list required under Paragraph 3,207-2.1, is M
210-1 PAINT
Paint for striping shall be white. 0
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III. SUPPLEMENTAL PROVISIONS
TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CON!XRUCI'ION FOR CONSIRUCI'ION h4EXHODS a
301-2 UNTREATED BASE
No change.
302-5 ASPWT CONCRETE PAVEMENT
A prime coat is not required for this contract. A seal coat is required and shall cor
the Section 302-5.9 of these supplemental provisions.
Modify Section 302-5.1, General, as follows:
Paragraph 1, replace "Section 203-6l with "Section 4004."
Last paragraph, add: "All testing of underground installations at any given point sh
completed before the surfacing is placed at that point."
Modify Section 302-5.2, Prime Coat, as follows:
Mer "grade Sc-250" add "or MC 70."
Modify Section 302.5.5.2, Density and Smoothness, as follows:
First paragraph, change 1/8 inch (3mm) to 1/4 inch (6mm).
Modify Section 302-5.5.1, Rolling General, as follows:
Second paragraph, Part (2), add:
Vibratory rollers shall be limited to breakdown, unless otherwise directed by the Eng
After last paragraph, add:
breakdown rolling shall be followed by a pneumatic-tired roller as described j
Section."
To Section 302-5.8, Measurement and Payment, add:
Cost of labor and materials for the seal coat shall be included in the unit price
asphalt concrete.
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"Unless directed by otherwise the Engineer, the
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Add the following: o 302-5.9. Seal Coat
All asphalt concrete surfaces shall be seal-coated unless otherwise specified. The sea
shall consist of a coat of asphaltic emulsion and a cover coat of sand. The asp
emulsion shall be mixing type conforming to Section 203-3, "Emulsion Asphalt." Sand
be clean and dry.
Immediately before applying asphaltic emulsion, the surface to be seal-coated shi
thoroughly cleaned of all dirt and loose material. Asphaltic emulsion shall not be a1
when the street is overly wet or when the atmospheric temperature is below 50 de
Fahrenheit.
The asphaltic emulsion shall be applied by use of a power spraying device that un5
applies the emulsion to the surfacing at a rate of 0.1 to 0.15 gallon per square yard
distributor spray bar shall be equipped with asphaltic emulsion-type spray jets. C
gutters, and other adjoining improvements shall be carefully protected from the emu
and any such improvements spattered or touched with emulsion shall be carefully cle
Immediately after the application of asphaltic emulsion, a cover coat of sand sh,
spread at the rate of 6 to 12 pounds per square yard. After the sand has been spreac
piles, ridges, or uneven distribution shall be broomed to maintain an even layer ovc
surface. Five days after the seal coat has been applied, the surface shall again be bra
and any excess sand shall be picked up and removed from the job. The Engineel
authorize the sand to be broomed, picked up and removed fi-om the job after 2 or
days.
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303-2 AIR-PLACE CONCRETE
No changes.
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306-1 OPEN TRENCH OPERATIONS
18" RCP shall have a minimum cover of one (1) foot below finished grade. Bedding
be aggregate base per these specifications.
Compaction shall be a minimm of 90% density and backfill shall be mechan
compacted.
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310-5 PAINTING VARIOUS SURFACES
Modify Section 310-5.6.10, Painting Traffic Striping, Pavement Markings and
Markings, as follows:
Payment for all pavement marking shall be a lump sum as proposed in the bid docun
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IV. SPECIAL PROVISIONS FOR
CLEARING BUENAVESTA CHANNEL
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1. The area of work shall be limited to the northernmost 70% of the width c
Buena Vista Channel from the Haymar Street Bridge proceeding westerly ti
Jefferson Street Bridge. All Vegetation remaining in the southerly 30% of the I
of the Channel must be preserved as required by the State of California Depart
of Fish and Game.
The Contractor shall dredge and remove silt and plant vegetation from the lixr
the Buena Vista Channel so as to re-establish a relatively consistent grade fc
Channel bed from the present elevation of the concrete apron of the Haymar !
Bridge to the present elevation of the concrete apron of the Jefferson Street B
The dredging operation will consist of removing cattails, bulrushes, silt, a
foreign material deposited within the limits of the Buena Vista Channel. Worl
include the timely disposal, by the Contractor, of all spoils removed fro:
Channel allowing sufficient time for adequate drylng of material prior to dis
All material will be placed for de-watering in an area that is a minimum o
from the Channel and where the material cannot re-enter the Channel.
2.
3.
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Private property adjacent to the channel may be made available for dq
purposes. However, all arrangements and required fees must be m
between the property owner and the contractor. All costs should be inch
in the bid price.
4. A 100’ buffer zone of vegetation will be left intact upstream from the co
apron of the Jefferson Street Bridge. Clearing can be done upstream from the
zone. The buffer is a catchment area to trap siltation from the upstream
After work is complete upstream of the buffer zone, the water will be left
least one full day to allow siltation to collect in the buffer zone before the
zone is removed.
The cleaning period of the Buena Vista Channel shall be from January
November of each year. In case an emergency is declared, the City Manag
authorize cleaning of the Channel at his discretion.
5.
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B:\CNT92010.BVC U/M Re
9.
Contractor will be furnished a list of all property owners adjacent to
channel boundary and it shall be the contractois respoIlsibility to nom
property owners of the scheduled work dates and of the type of work tc
done prior to the start of the job.
we .-. **
September 8, 1993
Rutledge Gradalls
14571 Olive Vista Dr.
Jamul, CA 91935
Re: Bond Release - Contract No. U/M 92-5 - Buena Vista Channel Maintenance
The Notice of Completion for the above-referenced project has recorded. Therefor
instructions from our Utilities/Maintenance Department we are releasing 75% (
Performance Bond. Please consider this letter as your notification that $1 54,299
Vigilant Insurance Company Performance Bond No. B360171 is hereby released.
A copy of the recorded Notice of Completion is enclosed for your records.
&?L%
Assistant City Clerk
Enc.
c: Virginia McCoy, U/M Dept.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2
CITY OF CARLSBAD
City Clerk City of Carlsbad 1200 Carlsbad Village Drive
When recorded mail to:
Carlsbad CA 92008
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