HomeMy WebLinkAboutSaf-T-Seal Inc, Schaefer's Parking Lot Services; 1996-03-26; 2412-STABLE OF CONTENTS - Item - Pac
NOTICE INVITING BIDS .................................................
CONTRACTOR'S PROPOSAL .............................................
BIDDER'S BOND TO ACCOMPANY PROPOSAL
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DESIGNATION OF SUBCONTRACTORS .................................... 1
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ........................ 1
BIDDER'S STATEMENT OF TECHNICAL ABlUN AND EXPERIENCE ................ 1
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMllTED WITH BID .................................... 1
CONTRACT - PUBLIC WORKS ........................................... 1
LABOR AND MATERIALS BOND .......................................... 2
PERFORMANCE BOND ................................................. 2
REPRESENTATION AND CERTIFICATION ................................... <
ESCROW AGREEMENT FOR SURETY DEPOSITS IN UEU OF RETENTION. ....................................... <
RELEASEFORM ...................................................... : 0
SPECIAL PROW SI ONS
MODIFICATIONS TO PART 1 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION ..................................................... :
MODIFICATIONS TO PART 3 OF THE STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION ...............................................
MOQIFlCATlONS TO PART 6 OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION ...............................................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsba
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the mtday of -
December , 193 at which time they will be opened and read, for performing the work a
follows:
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1995 STREET SEALING PROGRAM
CONTRACT NO. 241 24
The work shall be performed in strict conformrty with the specifications as approved by the Ci'
Council of the City of Carlsbad on file with the Engineering Department. The specifications fc
the work include the Standard Specifications of Public Works Construction, (SSPWC), 19s
Edition, and the latest supplement, hereinafter designated 'SSPWC', as issued by the Southei
California Chapter of the American Public Works Association and as amended by the speci
provisions sections of this contract. Reference is hereby made to the specifications for fi
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators ar
contractors to utilize recycled and recyclable materials when available and where appropriatc
No bid will be received unless it is made on a proposal form furnished by the Purchasir
Department. Each bid must be accompanied by security in a form and amount required by la\
The bidder's security of the second and third next lowest responsive bidders may be withhe
until the Contract has been fully executed. The security submitted by all other unsuccessf
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract
awarded. Pursuant to the provisions of law (Public Contract Code Section 22300), appropria
securities may be substituted for any obligation required by this notice or for any monies withhe
by the Crty to ensure performance under this Contract. Section 22300 of the Public Contra
Code requires monies or securities to be deposited with the City or a state or federally charterc
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 Experience
4. Contract
5. Designation of Subcontractors Certification
6. Amount of Subcontractors' Bid
7. Bidder's Statement of Financial Responsibility
8. Bidder's Statement of Technical Ability and
9. Purchasing Department RepreS8ntatiOn and
10. Escrow Agreement for Securrty Deposits (optional)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities ar
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimal
is $145,000.
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No bid shall be accepted from a Contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration datc
and classification in the proposal, under penatty of perjury. The following classifications are
acceptable for this contract: A, C12, C32, in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents ir
lieu of the usual 10% retention from each payment, these documents must be completed anc
submitted with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasinc
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California
for a non-refundable fee of $1 0.00 per set. If plans and specifications are to be mailed, the COS
for postage should be added.
The CQ of Carlsbad reserves the right to reject any or all bids and to waive any mino1
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute ths
Contract shall be those as determined by the Director of Industrial Relations pursuant to thc
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Laboi
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. Thc
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailins
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Sectior
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, 'Sublettinc
and Subcontracting Fair Practices Act.' The City Engineer is the City's 'duly authorized officer
for the purposes of Section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shal
apply to the Conthct for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicatec
in this proposal, times the unit price as submitted by the bidder. In case of a discrepanc]
between words and figures, the words shall prevail. In case of an error in the extension of a uni
price, the corrected extension shall be calculated and the bids will be computed as indicatec
above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typec
or written in with ink and must be initialed in ink by a person authorized to sign for the
Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior tc
bidding. Submission of bids without acknowledgment of addenda may be cause of rejectior
of bid.
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Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (1 00%) and fii percent (50%),
respectively, of the Contract price Will be required for work on this project. These bonds shall
be kept in full force and effect during the course of this project, and shall extend in full force and
effect and be retained by the Cky until they are released as stated in the Special Provisions
section of this contract. All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to
contain the following documents:
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1) An original, or a certified copy , of ?he unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to
do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer‘s most recent annual statemeni
and quarterly statement filed with the Department of Insurance pursuant t.0 Article 1C
(commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code,
within 10 calendar days of the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best’s Kej
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business 0’
insurance in the State of California by the Insurance Commissioner. Auto policies offered tc
meet the specification of this contract must: (1) meet the conditions stated above for a1
insurance companies and (2) cover anv vehicle used in the performance of the contract, usec
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled
The auto insurance certificate must state the coverage is for ‘any auto‘ and cannot be limitec
in any manner.
Workers’ compensation insurance required under this contract must be offered by a compan)
meeting the above.standards with the exception that the Best’s rating condition is waived. Thc
City does accept policies issued by the State Compensation Fund meeting the requirement foi
workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. An]
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid City o
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolutior
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No. 95-768 , adopted on the 19th day of SeDt ember ,19 95
A$ia%aink**T
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CITY OF CARLSBAD
1995 STAEET SEALING PROGRAM 1* CONTRACT NO. 241 24
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CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. 24124 in accordance with the Plans and Specifications of the City of Carlsbad,
and the Special Provisions and that he/she will take in full payment therefor the following unit
prices for each item complete, to wit:
Approximate
Item Quantity Unit & DescriDtion and Unit - Price - Total
3,800.00 1 1 Traffic Control at Ls Lump Sum
Thee Thousand Eight Hundred
Dollars (Lump Sum)
Rubberized Street Sealing at .925 180,291.75 I94,9 IO YD2
Ninety Two and One Half Cent
3. 2
Dollars per Square Yard
11,350.00 3 Striping a~ Ls Lump Sum
Eleven Thousand Three Hundred Fifty
Dollars (Lump Sum)
6.00 21 0 .oo 4 Raised Pavement h4arkcrs pa 35 EA
SDRSD MI9 a: -
Six
Dollan Each
Total amount of bid in words: One Hundred Ninetv Five Thousand Six Hun& ed Fiftv 0
Total amount of bid in numbers: $ 1 95 , 651 .75
Price(s) given above are firm for 90 days after date of bid opening.
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Addendum(a) No(s). 1 hadhave been received and islare included in this proposal.
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
The Undersigned agrees that in case of defautt in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penatty of perjury, that the undersigned is licensed to
do business or act in the capaclty of a contractor within the State of California, validly licensed
under license number 258857 , classification c-12 c-32 which expires
on nc;/?i/97 , and that this statement is true and correct and has the legal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. 8 7028,15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code § 20104.
The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or employee of the Ctty of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the campensation to be paid
hereunder; that no representation, oral or in writing, of the City Council, its officers,
agents, or employees has inducted him/her to enter into this Contract, excepting only
those contained in this form of Contract and the papers made a part hereof by its terms;
and
2. That this bid is made without connection with any person, firm, or corporation making
a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is Bid Bond (Cash, Certified Check, Bond
or Cashier's Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to undertake setf-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
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October 5, 1995 0
ADDENDUM NO. I
PROJECT NO. 2412-S -CONTRACT FOR 1995 STREET SEALING PROGRAM
Please include this addendum in the Notice to Bidders/Request for Bids you have for thc
above project.
CHANGE:
The Bid opening date for the above mentioned project has been changed from Decembe
11, 1995.
The new bid opening date is November 16, 1995 at 4:OO p.m.
This addendum - receipt acknowledged - must be attached to your Proposal Form/Bic
when your bid is submitted. 0
@PA
RUTH FLETCHER
Purchasing Officer
RF:jlk
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
e BaNrk Signature h+czQLi/#/
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1 989 - (61 9) 434-2803 FAX (61 9) 434-1 98;
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions. '
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprieto
(3) Place of ,Business
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7 2 0 2 Petterson Lane
(Street and Number)
paramount, Calif.
(4) Zip Code 90723 Telephone No. (310) 634-3164
City and State
IF A PARTNERSHIP. SIGN HERE:
(1) Name under which business is conducted
(29 Signature (given and surname and character of partner) (Note: Signature must be made
by a general partner)
(3) Place of Business
City and State
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I (Street and Number)
(4) Zip Code Telephone No. 4
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IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted Saf-T-Sed- t Inc.
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(2)
I Impress Corporate Seal here
(3) Incorporated under the laws of the State of California
(4) Place of Business 7202 Petterson Lane
(Street and Number)
Cty and State Paramount, Calif.
(310) 634-3164 Telephone No. 90723 (5) Zip Code
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ] @ AlTACHEO
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
Gayle L. Schaefer President
Stan Wheel Vice-Pres.
Shirley Sowell Secretarv
Nary J. Schaefer Treasurer
8/1/95
z-__N_ay____
(NAME, TITLE OF OFFICER - LE.. 'SANE DOE, NOTARY PUBLIC")
Los Angeles
before me, Shirley C. Schaefer, Notary
personally appeared Gayle L. Schaefer, Mary J. Schaefer,
(NAME(S) OF SIGNER(S)) INDIVIDUAL(S)
0 CORPORATE.
OFFICER(S) ~
Stan Wheel and Shirley Sowell
(NAME OF PERSON(S) OR ENTITY(IE
Witness my hand and official seal.
, , THIS CERTIFICATE Title or Type of Document
Number of Pages
Signer@) Other Than Named Above
Date of Document MUST BE ATTACHED
TO THE DOCUMENT
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WOLCOllS FORM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FlNGERPRINT-Rev. 12-92 91992 \
BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.) e
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CIT
OF CARLSBAD, in the sum of
dollars ($
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this checl
shall become the property of the City provided this proposal shall be accepted by the C+
through action of its legally constituted contracting authoriiies and the undersigned shall fail tc
execute a contract and furnish the required Performance, Warranty and Payment Bonds an(
proof of insurance coverage within the stipulated time; otherwise, the check shall be returnec
to the undersigned. The proceeds of this check shall also become the property of the City if thc
undersigned shall withdraw his bid within the period of fifteen (1 5) days after the date set for thc
opening thereof, unless otherwise required by law, and notwithstanding the award of thc
contract to another bidder.
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BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following paga
shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount a
the bid.)
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BIDDER'S BQND to ACCOMPANY PROPOSAL
KNOW ALL PERSONS 8Y THESE PRESENTS:
SAF-T-SEAL, INC. DBA: Schaefer's
Thatwe, Parking Lot Service , aSPdnCipal, and Insurance Company of the vet as Surety are held and firmly bound unto the City of Carlsbad. California, in an amount as follows: (must be at feast ten percent (10%) Of the bid amaunt) Ten Percent of the Amount
for which payment, well and truly made, we bind ourselvess administrators, successofs or assigns, jointly and severally, firmly by these PWSentS.
THE CONOlTlON OF THE FOREGOtNG OBUGATION IS SUCH that if the proposal of the abov+
bounden Principal for:
1996 STREET SEALING PROGRAM
COWTIACT NO. 24126
in tbe City of Carfsbad, is accepted by the City Council, and if the Principal shalt duly enter into
and execute a Contrac! including required bonds and insurance policies within fw6ntY (20) days from the date of award of Contract by the city Council of the City of Carfsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and
remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
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!n the event Principal executed this bond as an individual, it is agreed that the death of PrincipaJ
shall not exonerate the Surety from its obligations under this bond.
Exesuted by PRINCIPAt this day Executed by SURETY this 14th
PRINCIPAL: sum
day a of > 19-. of November , 1 QL.
SAF-T-SEAL, INC.
DBA: Schaefer's Parking Lot Service Insurance Company of the West
(name of Surety)
1800 E. Imperial Hwy., 2nd Floor, Bre
(address of Surety)
(telephone number of Surety)
(714) 255-2231
(print name here) By:$L,pA4
viae and Organization of Signatory) ( . nature of a#orney-in-F=t)
8y: " Donald L. Wood
(sign hero) (printed name of Atbrneyin-Fact)
(print name here) (Attach corporate resolution showing curtent
power of attorney;)
(title land organization of signatory} 0
(Proper notarial acknowfedbe of execution by PRINCIPAL and SURRv must be attached.)
(President or vice-president and secretaty or assistant SeC~9ta1-y must Sign fOt COWmtlOns. If
only one officer signs, the corporation must attach a resolutidn certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the oorpoMion.)
p. APPROVED AS TO FORM: RONALD R. BAU.
City Attorney
8y: . qb!ddy?& ..
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JANE 08ALD1
Depu CiiAttomey
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Shirley C. Schaefer, Notary
(NAME, TITLE OF OFFICER. I.E.. 'UANE DOE, NOTARY PUBLIC")
Los Angeles
Gayle L. Schaefer CAPACITY CLAIMED BY SI1
0 CORPORATE-
personally appeared (NAME(S) OF SIGNER@)) Ll INDIVIDUAL(S)
person(s) acted, executed the instrument. (NAME OF PERSON(S) OR ENTITY(IE
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
Title or Type of Document
Date of Document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Oranqe
On November 14, 1995 beforeme, Drina S. Brewster, Notary Public ,
personally appeared Donald L . Wood 9
Date Name and Title of Gificer (e g , =lane Doe, Notary Public")
Name($ of Signer($
rug] personally known to me - OR - a 1 whose name@ ish subscribed to the within instrument
and acknowledged to me that hekb&#ey executed the
same in his- ' authorized capacity@$, and that by
his/twMek signaturefs)on the instrument the person@,
or the entity upon behalf of which the personCffacted,
executed the instrument.
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Bidder I s Bond
Document Date: November 14, 1995 Number of Pages: Two
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual 0 individual
0 Corporate Officer
0 Partner - 0 Limited 0 General Partner - 0 Limited 0 General a Attorney-in-Fact 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
0 Corporate Officer
Tit le( s) :
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association * 8236 Remmet Ave , P 0 Box 71 84 * Canoga Park, CA 91 309-71 84 Prod No 5907 Reorder Call Toll-Free 14
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Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
0 POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
DONALD L. WOOD
its true and lawful Attorney@)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertak
othercontracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of
on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, an
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on bet
Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the (
provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signa
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officer
8th day cf May 1995 .
INSURANCE COMPANY OF THE WEST (Q $ \X60RPORAr6D 2 ?. + n : / /-; /,$4
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c*(lFOU*\c :{*': i ' :p;,&-/- _.% ULU -+ e STATE OF CALIFORNIA ,yyJohn L. Hannum, Senior Vice President .. ,. .I ss.
.'.,' COUNTY OF SAN DIEGO
On May 8th, 1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE Cc
OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he
the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the ins
WITNESS my hand and official seal. fl
:qk&/-gLbL- Notary Public
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CERTIFICATE :
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY,
the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the abok
resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 14th day of November 1
0 '4'"am , , ,411
INSURANCE COMPANY OF THE WEST
3 ,*C,ORPORA?~~ 2
E. H rned Davis, ce President C~IIFORWC e
ICW 37
GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATORS & AMOUNT
OF OWNER OPERATOR WORK' FORMS
0 REFERENCES Prior to preparation of the following Subcontractor and Owner Operatoi
disclosure forms Bidders are urged 10 review the definitions in Section 1-2
S S PWC especially , 'Bid , ' "Bidder,' 'Contract, ' "Contractor, ' 'Co nt rad
Price,' "Contract Unit Price,' 'Engineer,' 'Subcontractor" and 'Work' and
the definitions in Section 1-2 of the Special Provisions especially "Own
Organization' and "Owner Operator/Lessor.' Bidders are further urged ta
review the following sections of the Special Provisions 2-3.1 "General," 2.
3.3 "Subcontractor Items of Work," 2-3.4 'Owner Operators' and 2-32
'Penatties and Remedies.'
Bidders are cautioned that failure to provide complete and correc
information may result in rejection of the bid as non-responsive. Bids tha
propose performance of more than 50 percent of the work by other thar
the Contractor's own organization will be rejected as non-responsive.
Bidders shall use separate disclosure forms for each Subcontractor 01
Owner Operator/Lessor (O+O) of manpower and equipment that is
proposed to be used to complete the Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor o
Owner Operator/Lessor the percentage of the bid item installed by tht
Subcontractor or Owner Operator/Lessor being listed in the line of tht
form must be entered under the column 'O/O of Item by Sub' or 'O/O o
Item by O+O' as applicable. If a Subcontractor or Owner Operator/Lesso
installs or constructs any portion of a bid item the entire amount of tht
Contract Unit Price shall be multiplied by the Quantity of the bid item tha
the Subcontractor or Owner Operator/Lessee installed.
Suppliers of materials from sources outside the limits of work are no
subcontractors. The value of materials and transport for materials fron
sources outside the limits of work, as shown on the plans, shall bt
assigned to the Contractor or to the Subcontractor, as the case may be
installing them.
The item number from the 'CONTRACTOR'S PROPOSAL' (Bid Sheets
shall be entered in the 'Bid Item No.' column.
When a Subcontractor has a Carlsbad business license the number mus
be entered on the form. If the Subcontractor does not have a valic
business license enter 'NONE' in the appropriate space.
CAUTIONS
INSTRUCTIONS
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Bidders shall make any additional copies of the disclosure forms as m!
be necessary to provide the required information. The number o
additional form pages shall be entered on the first form page of each typt
so duplicated.
Bidder may, at its option, combine bid items on a single row in the char
on the disclosure forms. If using this option the Bidder must indicate thc
bid item numbers to which the information in the row pertains. This optior
may not be used where the subcontractor or owner operator/lessor i!
constructing or installing less than 100 percent of a bid item. Thc
percentages and dollar amounts may be the sums of the bid items listec
in that row.
When the Bidder proposes using a subcontractor or owne
operator/lessor to construct or install less than 100 percent of a bid iten
the Bidder must attach an explanation sheet to the designation c
subcontractor or designation of owner operator/lessor forms a
applicable. The explanation sheet must clearly apprise the Agency of thc
specific tasks, materials and/or equipment that are proposed to be sc
supplied.
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DESIGNATlON OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required. This form must be
submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct
informtion may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in
preparing this bid for the Work and that the listed subcontractors will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and Section 4100 et seq. of the Public Contracts Code- "Subletting and
Subcontracting Fair Practices Act.' The Bidder further certifies that no additional subcontractor
will be allowed to perform any portion of the Work and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
Full Company Name: Oranqe County Stripinq Service
183 N. Pixley Complete Address:
Orange CA 92668
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city State Zip 1 Telephone Number plus Area Code:
California State Contractors License No. &Classification:
Carlsbad Business License No.:
( 7 1 4 1 6 3 9 - 4 5 5 0
3 4 6 0 9 5 C- 3 2
Page 1 of I pages of this form
8/1/95
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Bid Bid Price % of % of Bid Bid % of % of J. Item of Item Item by Total Item Price of Item by Total
No. o+o Contract No. Item 0+0 Contract 1.
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15
BIDDER’S STATEMENT OF FINANCIAL RESPONSI BI LIN
(To Accompany Proposal)
Bidder submits herewith a statement of financial responsibility. a
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MCDOWELL, DILLON AND HUNTER
Accountancy Corporation
CERTIFIED PUBLIC ACCOUNTANTS
WST OFFICE B LONG BEACH. CA 5
5055 E. ANAHE
LONG BEACH. CA f
FAX (310) 567
e
MEMBERS:
AMERICAN INSTITUTE OF
CERTIFIED PUBLIC ACCOUNTANTS
CALIFORNIA SOClEpl OF CERTIFIED PUBLIC ACCOUNTANTS
(310) 494-1
ACCOUNTANTS' COMPILATION REPORT
SCHAEFEW'S PARKING LOT SERVICE
PARAMOUNT, CALIFORNIA
We have compiled the accompanying Balance Sheet of SCHAEFER'S
PARKING LOT SERVICE as of September 30, 1995 and the related
Statement of Income for the nine month period then ended, and the
accompanying Supplementary Information, which is presented only for
supplementary analysis purposes, in accordance with Statements on
Standards far Accounting and Review Services issued by the American
Institute of Certified Public Accountants.
A compilation is limited to presenting in the form of financial
statements and supplementary schedules infoFmation that is the
representation of management. We have not audited or reviewed the .1 ccompanying financial statements and supplementary schedules and,
accordingly, do not express an opinion or any other form of assurance
on them.
The statements do not reflect the company's current income tax
provision. The effects of this departure from generally accepted
accounting principles have not been determined. Management has
elected to omit substantially all of the disclosures and the
Statement of Cash Flows required by generally accepted accounting
principles. If the omitted disclosures and the Statement of Cash
Flows were included in the financial statements, they might influence
the user's conclusions about the Company's financial position>
results of operations, and cash flows. Accordingly, these financial
statements are not designed for those who are not informed about such
ma t t er s .
OCTOBER 9, 195'5 MEH&aL-Q&
0
__ -- -
BALANCE SHEET
SEPTEMBER 301 1995
ASSETS
cAsn 157,090. 58
$1 3461 767. 31
INVENTORY 141 290. 87
C a! ENT ASSETS
ACCOUNTS RECEIVABLE
PREPAID EXPENSES 800. 00 --------------
TOTAL CURRENT ASSETS 1, 5181 94E
FIXED ASSETS
LAND 941 443.27
BUILD1 NCS 6051 028. 76
EQUIPMENT 1221 950. 52
AUTOS 8r TRUCKS 3041 999. 34
ACCUMULATED DEPRECIATION (4381 924. 00) --------------
6881 49;
OTHER ASSETS
COVENANT NOT TO COflPETE 1J 8581 250. 00
COVENANT AMORTIZATION ( li 6731 036. 34)
ORGANIZATION COSTS 638. 40 --------------
1851 85; ----------.
21 3931 291 ----------. ----------. 0
***** SEE ACCOUNTANTS’ COMPILATION REPORT ***** 0
- - --.. ---.- --. w-.. . -1-
BALANCE SHEET
SEPTEMBER 301 1995
LIABILITIES AND
SHAREHOLDERS‘ EQUITY 0
CURRENT LIABILITIES
ACCOUNTS PAYABLE 2711 139. 45
PAYROLL TAXES PAYABLE (21 911. 55) SALES TAX PAYABLE 791. 86
LOAN FROM AFFILIATE 111 952. 15
CURRENT PORTION-L. T. DEBT 1751 885. 44 --------------
TOTAL CURRENT LIABILITIES 4561 85
LONG TERM DEBTS
NOTES PAYABLE 11 0841 632. 98 LOANS FROM OFFICERS 3031 993. 12 LESS CURRENT PORTION ( 1751 885. 44) --------------
1,2121 74
SHAREHOLDERS‘ EQUITY
CAPITAL STOCK 1001 000.00
PAID IN CAPITAL 271,225. 12
RETAINED EARNINGS 2711 709. 94
NET INCOME (LOSS) 280,765. 64
LESS:COST OF TREAS STOCK (2001000.00) --------------
7231 70 ---------- e
21 3931 29 ---------- ----------
***** SEE ACCOUNTANTS’ COMPILATION REPORT **+** e
- - ~ .. ._. _. . - . . .. .. . - . . - -_ . GIL~ Y A ut^
INCOME STATEMENT
NINE MONTH(S) ENDED SEPTEMBER 30,1995
1 MONTH(S) YEAR TO D
AMOUNT PERCENT AMOUNT -------------- I----- -------------- 0
SALES 7781 271. 29 100. 00 41 0471 312. 67
COST OF SALES 5401 941. 34 69. 51 3, 103, 638. 82 -------------- ------ --------------
GROSS MARGIN 2371 329. 95 30. 49 9431 673. 85
GENERAL Ik ADMIN EXPENSES 64, 582. 68 8. 30 568,211. 63
INCOME FROM OPERATIONS 172,747. 27 22. 20 3751 462. 22
-------------- ------ --------------
-------------- ------ --------------
OTHER INCOME (EXPENSE) INTEREST INCOME 406. 27 0. 05 41 567. 78
INTEREST EXPENSE (11,203. 11) 1. 44 ( 106,480. 15)
MISC. INCOME 3, 184. 83 0. 41 35, 747.03
RENT - OFFICE 1 J 500. 00 0. 19 11, 157. 50
COVENANT AMORT EXP (4,409. 86) 0. 57 (391 688. 74) -------------- ------ --------------
(101 521. 87) 1. 35 (941 696. 58) -------------- ------ --------------
INCOME BEFORE TAXES 162, 225. 40 20. 84 280,765. 64
-------------- ------ --------------
NET INCOME (LOSS) 162,225.40 20.84 280,765.64 -------------- -------------- -------------- ------ ----------I--- ------ 0
*.Kg+* SEE ACCOUNTANTS' COMPILATION REPORT ***.Le* 0
-- -- - - - -- -- .---
SUPPLEMENTARY INFORMATION
NINE MONTHtS) ENDED SEPTEMBER 301 1995
1 MONTH(S) YEAR T
AMOUNT PERCENT AMOUNT ------------ ------- ------------ 0
SALES-TAXABLE 3, 930. 85 0. 51 28, 533. 11
SALES-NON-TAXABLE 7741 240.44 99. 48 41 0171 779. 56
SALES-RESALE 100.00 0. 01 11 000. 00
SALES 7781 271.29 100. 00 4,047,312. 67
------------ ------ ------------
------------ ------------ ------ ------ ------------ ------------
PURCHASES-MAT ‘L 2321 187.32 29.83 1, 1171 719. 08 DELIVERY & FREIGHT 121 464.65 1. 60 56,019. 07
PRODUCTIVE LABOR 1051 658. 77 13. 58 6501 123. 66
CONTRACT LABOR 721 148. 99 9. 27 4561 830. 25
MECHANIC LABOR 11 I 483. 89 1. 48 80,320. 21
PAYROLL TAXES 12,067. 56 1. 55 851 612. 60
TRUCK LEASE EXPENSE 8, 796. 83 1. 13 791 171. 47
TRUCK REPAIRS 26, 678.02 3. 43 1461 461. 54
COMPENSATION INSURANCE 171 971.06 2. 31 60,992.06
LAUNDRY (364.00) 0. 05 6, 000. 75
EQUIPMENT RENT 91 127. 64 1. 17 67,439. 63
SUPPLIES & SMALL TOOLS 3, 305. 19 0. 42 311 986.86
OUT OF TOWN EXPENSES 1 J 259. 28 0. 16 31 182. 53 MEDICAL LADOR 402.00 0. 05 18 680. 00 SAFETY PROGRAM 68.00 0. 01 41 243. 87 REIMBURSE/OVERPAYMENT (389.92 ) 0. 05 41 096. 49 SALES SALARIES 28,076. 06 3. 61 251,758. 75
0
------------ ------ ------------
COST OF SALES 540,941. 34 69. 51 3, 103,638. 82 ------------ ------------ ------ ------ ------------ ------------
****+ SEE ACCOUNTANTS‘ COMPILATION REPORT ***** 0
- __ .. __. -.\ .J I nnr\A~vv LU a .JLI\Y A~S.
,I SUPPLEMENTARY INFORMATION
NINE MONTH(S1 ENDED SEPTEMBER 301 1995
1 MONTH(S1 YEAR 1
AMOUNT PERCENT AMOUNT ------------ ------- ------------ a
OFFICERS' SALARIES 54 600. 00 0. 72 54,600. 00
OFFICE SALARIES 61 925. 09 0. 89 641 276. 20
61 846. 01 PAYROLL TAX EXPENSE 0. 00 0. 00
COMPUTER SUPPLIES 0. 00 0. 00 732. 73
COMPUTER MAINTENANCE 0. 00 0. 00 430. 00
COMPUTER REPAIRS 358.00 0. 05 358. 00
191 295. 60 ACCOUNTING 8( LEGAL 747.45 0. 10
ADVERTISING 21 610. 50 0. 34 91 347. 20
DEPRECIATION 1, 382. 00 0. 18 12,312. 00
DUES 8( SUBSCRIPTIONS 244.69 0.03 31 406. 17
COMPUTER PROGRAMS 609. 55 0. 08 a, 501. 99
ENTERTAINMENT 8( PROMO 0. 00 0. 00 (624. 69)
INSURANCE-GEN 'L 101 039. 13 1. 29 1121 406. 92
BID BONDS 0. 00 0. 00 51 672. 00
INSURANCE-GROUP 211 532.62 2. 77 126,271.93
1,745. 00 EDUCATION/SEMINARS 0. 00 0. 00
WASTE DISPOSAL 0. 00 0. 00 71000. 14
ALARM SYSTEM 330.00 0. 04 11 320. 00
OFFICE EXPENSE 11 476. 85 0. 19 111702. 52
71 500. 00 750. 00 0. 10 RENT LICENSE CONTRACTOR 0. 00 0. 00 50. 00 LICENSE-BUSINESS 127.00 0. 02 3,612. 42
231 793. 83 LICENSE-VEHICLE 41 485. 00 0. 58 PROPERTY TAXES 0. 00 0. 00 12, 773.66
POSTAGE 750. 00 0. 10 51 000. 00
TAXES &i LICENSES 0. 00 0. 00 41 955. 06
REPAIRS & MAINT. 1, 025. 62 0. 13 15, 194.22
TELEPHONE 21 760. 50 0. 35 31,221. 49
UTILITIES 2, 776. 06 0. 36 171 358. 98
EMPLOYEE REIMBURSE 51. 02 0. 01 11 152. 25
0
------------ ------ ------------
GENERAL & ADMIN EXPENSES 64,582. 68 8. 30 568,211. 63 ------------ ------------ ------ ------ ------------ ------------
e ***** SEE ACCOUNTANTS' COMPILATION REPORT *****
__ -- ~ - - - - - - - - -
SUPPLEMENTARY INFORMATION
SEPTEMBER 30, 1995
PETTY CASH 550.
CASH IN BANK (55, 785.
CASH-MONEY MARKET A/C 155,457
CASH-CROUP INS 25,262
CERTIFICATE OF DEPOSIT 3,735
CASHISM 27, 869
0
---------.
157s 090 ---------. ---------.
ACCOUNTS REC-TRADE 11 346,767 ---------
18 346s 767 --------- ---------
PREPAID TAXES 800
800
---------
--------- ---------
0
***** SEE ACCOUNTANTS' COMPILATION REPORT ***** e
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
1
3
3
1
I
f
1
1
I.
Be
.1
1
1
1
1
111
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be
used.
8/1/95 P @
*. f
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTlON 7106
I
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e State of California 1 ) ss.
Los Anqeles , being first duly sworn, deposes
(Name of Bidder) and says that he or she is Vice-president
me)
of Saf-T-Seal, Inc. dba Schaefer's Parking Lot Service
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding: that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are twe; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
I declare under penatty of perjury that the foregoing is true and correct and that this affidavit was
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executed on the 16 th day of November ,19%.
f -P/U ,191s. &L-- m Subscribed and sworn to before me on the /c @' day of %fiW;x.!$
P (NOUARY SEAL)
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CONTRACT- PUBLIC WORKS
This agreement is made this c$d* day of 2d , 19&, by anc
between the City of Carlsbad, California, a municipal rporation, (hereinafter called 'City'), anc
whose principal place o business is 7202 Petterson Lane, Paramount, CA 90723
(hereinafter called 'Contractof.)
City and Contractor agree as follows:
1.
Saf-T-Seal Inc, Schaefer's Parking Lot Service e
Description of Work. Contractor shall perform all work specified in the Contract document! for:
1995 STREET SEALING PROGRAM
CONTRACT NO. 241 2-S
(hereinafter called "project')
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools
equipment, and personnel to perform the work specified by the Contract Documents.
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder'!
Statements of Financial Responsibility and Technical Ability, Noncollusion Affidavit, Escrov
Agreement, Release Form, the Plans and Specifications, the Special Provisions, and al
proper amendments and changes made thereto in accordance with this Contract or the
Plans and Specifications, and all bonds for the project; all of which are incorporated hereir
by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the worl
as indicated, specified, and implied by the Contract Documents. Any items of work no
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor's expense to futfill the intent of said documents. In all instance!
through the life of the Contract, the City will be the interpreter of the intent of the Contrac
Documents, and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materials suppliers of this condition of the
Contract will not relieve responsibility of compliance.
Pavment. For all compensation for Contractor's performance of work under this Contract
City shall make payment to the Contractor per Section 9-3 of the Standard SDecificationr
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafte
designated 'SSPWC', as issued by the Southern California Chapter of the American Public
Works Association, and as amended by the Special Provisions section of this contract. The closure date for each monthly invoice will be the 30th of each month. Invoices fron
the Contractor shall be submitted according to the required City format to the City':
assigned project manager no later than the 5th day of each month. Payments will bc
delayed if invoices are received after the 5th of each month. The final retention amoun
shall not be released until the expiration of thirty-five (35) days following the recording c
the Notice of Completion pursuant to California Civil Code Section 31 84.
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Public Contract Code section 201 04.50 requires a summary of its contents to be set fortp
in the terms of the contract. Below is such a summary. However, contractor should refel
to Public Contract Code section 20104.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputed and
properly submitted payment request from a contractor on a construction contract. I1
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the crty shall pay interest to the contractor equivalent to the legal
rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the crty determines
that the payment request is not proper, then the request shall be returned to the contractoi
as soon as practicable but not later than seven (7) days after receipt. The returned requesi
shall be accompanied by a document setting forth in writing the reasons why the paymeni
request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then thc
number of days available to the city to make payment without incurring interest shall bc
reduced by the number of days by which the city exceeds the seven (7) day returr
requirement.
"Progress payment" includes all payments due contractors except that portion of the fina
payment designated by the contract as 'retention earnings'.
A completed and executed release form in the form described in this contract (hereinaftei
'Release Form') shall be submitted prior to approval of each progress payment. Thc
contractor shall list all disputed claims or potentially disputed claims which arise during thc
pay period. The purpose of the Release Form is to bring timely attention to areas of disputc
or potential dispute between the contractor and the Crty for the pay period. Failure of thc
contractor to submit a completed and executed Release Form shall constitute thc
contractor's acknowledgement that no disputes of any type have arisen that pay period oi
remain from previous pay periods and the contractor waives all future rights in making
claims for disputes arising in those pay periods. All previous and new disputed claims o
potentially disputed claims shall be listed on the Release Form until such time as thc
disputed claims are resolved. The contractor shall not modify the Release Form in any way
IndeDendent Investiaation. Contractor has made an independent investigation of thc
jobsite, the soil conditions at the jobsite, and all other conditions that might affect thc
progress of the work, and is aware of those conditions. The Contract price include!
payment for all work that may be done by Contractor, whether anticipated or not, in orde
to overcome underground conditions. Any information that may have been furnished tc
Contractor by City about underground conditions or other job conditions is for Contractor':
convenience only, and City does not warrant that the conditions are as thus indicated
Contractor is satisfied with all job conditions, including underground conditions and has no
relied on information furnished by Cw.
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6. Contractor ResDonsible for Unforeseen Conditions. Contractor shall be responsible for E loss or damage arising out of the nature of the work or from the action of the elements c
from any unforeseen difficutties which may arise or be encountered in the prosecution (
the work until its acceptance by the City. Contractor shall also be responsible for expense
incurred in the suspension or discontinuance of the work. However, Contractor shall nc
be responsible for reasonable delays in the completion of the work caused by acts of Goc
stormy weather, extra work, or matters which the specifications expressly stipulate will b
borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenche
or other excavations that extend deeper than four feet below the surface Contractor shz
promptly, and before the following conditions are disturbed, notify Ctty, in wriiing, of an!
A. Material that Contractor believes may be material that is hazardous waste, as define
in Section 251 17 of the Health and Safety Code, that is required to be removed to
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing lav
6. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, different materially fro1
those ordinarily encountered and generally recognized as inherent in work of th
character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do material
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor
costs of, or the time required for, performance of any part of the work shall issue a chang
order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditior
materially differ, or involve hazardous waste, or cause a decrease or increase in tb
contractor’s cost of, or time required for, performance of any part of the work, contract(
shall not be excused from any scheduled completion date provided for by the contract, bi
shall proceed with all work to be performed under the contract. Contractor shall retain ar
and all rights provided either by contract or by law which pertain to the resolution t
disputes and protests between the contracting parties.
Chanae Orders. City may, without affecting the validrty of the Contract, order change
modifications and extra work by issuance of written change orders. Contractor shall mak
no change in the work without the issuance of a written change order, and Contractor she
not be entitled to compensation for any extra work performed unless the City has issue
a wriien change order designating in advance the amount of additional compensation 1
be paid for the work. If a change order deletes any work, the Contract price shall t
reduced by a fair and reasonable amount. If the parties are unable to agree on the amoui
of reduction, the work shall nevertheless proceed and the amount shall be determined k
litigation. The only person authorized to order changes or extra work is the Projei
Manager. The written change order must be executed by the City Manager or the Ci
Council pursuant to Cadsbad Municipal Code Section 3.28.1 72.
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9. lmmiaration Reform and Control Act. Contractor certifies he is aware of the requirement:
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and ha
complied and will comply with these requirements, including, but not limited to, verifyins
the eligibiltty for employment of all agents, employees, subcontractors, and consuttants tha
are included in this Contract.
10. Prevailina Waae. Pursuant to the California Labor Code, the director of the Department o
Industrial Relations has determined the general prevailing rate of per diem wages ir
accordance with California Labor Code, Section 1773 and a copy of a schedule of saic
general prevailing wage rates is on file in the office of the City Engineer, and is incorporatec
by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pal
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the jot
site.
1 1. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, anc
indemnify and hold harmless the City, and its officers and employees, from all claims, loss
damage, injury and liability of every kind, nature and description, directly or indirect11
arising from or in connection with the performance of the Contractor or work; or from an]
failure or alleged failure of Contractor to comply with any applicable law, rules o
regulations including those relating to safety and health; except for loss or damage whict
was caused solely by the active negligence of the City; and from any and all claims, loss
damages, injury and liability, howsoever the same may be caused, resulting directly o
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the Crty. The expenses of defense includc
all costs and expenses including attorneys fees for litigation, arbitration, or other disputc
resolution met hod.
Contractor shall also defend and indemnlfy the City against any challenges to the awarc
of the contract to Contractor, and Contractor will pay all costs, including defense costs fo
the City. Defense costs include the cost of separate counsel for City, if City request!
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurancc
against claims for injuries to persons or damage to property which may arise from or ii
connection with the performance of the work hereunder by the Contractor, his agents
representatives, employees or subcontractors. Said insurance shall meet the Ctty's polic!
for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages anc
minimum limits indicted herein:
1. ComDrehensive General Liabilitv Insurance:
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$1,000,000 combined single limit per occurrence for bodily injury and propert
damage. If the policy has an aggregate limit, a separate aggregate in the amount
specified shall be established for the risks for which the City or its agents, officer
or employees are additional insured.
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2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury and propert]
damage. In addition, the auto policy must cover anv vehicle used in thf
performance of the contract, used onsite or offsite, whether owned, non-owned o
hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for 'any auto' and cannot be limited in any manner.
3. Workers' Compensation and Emplovers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of the State o
California and Employers' Liability limits of $1,000,000 per incident. Workers
compensation offered by the State Compensation Insurance Fund is acceptable tc
the City.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurancc required under this agreement contain, or are endorsed to contain, the followin!
provisions. General Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additione
insured as respects: liability arising out of activities performed by or on behalf o
the Contractor; products and completed operations of the contractor; premise1
owned, leased, hired or borrowed by the contractor. The coverage shall contaii
no special limitations on the scope of protection afforded to the Cdy, its officials
employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance as respects thc
City, its officials, employees and volunteers. Any insurance or setf-insurancl
maintained by the City, its officials, employees or volunteers shaH be in excess c
the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affec
coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to eacl
insured against whom claim is made or suit is brought, except with respect to thl
limits of the insurer's liabilrty.
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(C) 'CCLAIMS MADE' POLICIES - If the insurance is provided on a 'claims made" bask
coverage shall be maintained for a period of three years following the date c
completion of the work.
(0) NOTICE OF CANCELLATION - Each insurance policy required by this agreement sha
be endorsed to state that coverage shall not be nonrenewed, suspended, voidec
canceled, or reduced in coverage or limits except after thirty (30) days' prior writte
notice has been given to the City by certified mail, return receipt requested.
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(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductible5 or self-insured retention levels must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or seH.
insured retention levels as respects the City, its officials and employees; or the
contractor shall procure a bond guaranteeing payment of losses and relatec investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION -All policies of insurance required under this agreemeni shall contain a waiver of all rights of subrogation the insurer may have or may acquit-€
against the City or any of its officials or employees.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured undel its policies or shall furnish separate certificates and endorsements for eact
subcontractor. Coverages for subcontractors shall be subject to all of the requirement3
stated herein.
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(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have e
rating in Best’s Key Rating Guide of at least A-:VI and are authorized to transact thc
business of insurance by the Insurance Commissioner under the standards specifiec
in by the City Council in Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificates o
insurance and original endorsements affecting coverage required by this clause. Tht
certificates and endorsements for each insurance policy are to be signed by a persot
authorized by that insurer to bind coverage on its behalf. The certificates anc
endorsements are to be in forms approved by the City and are to be received anc
approved by the City before work commences.
(J) COST OF INSURANCE -The Cost of all insurance required underthis agreement shal
be included in the Contractor’s bid.
(I)
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13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved ii
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1
Article 1.5 (commencing with section 201 04) which are incorporated by reference. A cop!
of Article 1.5 is included in the Special Provisions I section. The contractor shall initiall!
submit all claims over $375,000 to the City using the informal dispute resolution proces!
described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding thc
provisions of this section of the contract, all claims shall comply with the Government Tor
Claim Act (section 900 et seq., of the California Government Code) for any claim or causc
of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Contractor hereby agrees that any contract claim submitted to the City must bc
asserted as part of the contract process as set forth in this agreement and not ii
anticipation of litigation or in conjunction with litigation.
(6) Contractor acknowledges that if a false claim is submitted to the City, it may bc
considered fraud and the Contractor may be subject to criminal prosecution.
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(C) Contractor acknowledges that California Government Code sections 12650 et seq., thc
False Claims Act, provides for civil penalties where a person knowingly submits a falst
claim to a public entity. These provisions include false claims made with deliberatt
ignorance of the false information or in reckless disregard of the truth or falsity of tht
information.
(D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, i is entitled to recover its litigation costs, including attorney’s fees.
(E) Contractor hereby acknowledges that the filing of a false claim may subject tht Contractor to an administrative debarment proceeding wherein the Contractor may bc
prevented from further bidding on public contracts for a period of up to five years.
(F) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 anc 3.32.028 pertaining to false claims are incorporated herein by
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I have read and understand all provisions of Section 13 above.
Initial
14. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with Sections 1776 and 181 2 of Part 7, Chaptei
1, Article 2, of the Labor Code. If the Contractor does not maintain the records a
Contractor’s principal place of business as specified above, Contractor shall so inform thc
City by certified letter accompanying the return of this Contract. Contractor shall notify the
City by certified mail of any change of address of such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Sectior
1720 of the Labor Code are incorporated herein by reference. ’ 16. Securw. Securities in the form of cash, cashier’s check, or certified check may bt
substituted for any monies withheld by the City to secure performance of this contract fo
any obligation established by this contract. Any other security that is mutually agreed tc
by the Contractor and the City may be substituted for monies withheld to ensurt
performance under this Contract.
17. Provisions Required bv Law Deemed Inserted. Each and every provision of law and claust
required by law to be inserted in this Contract shall be deemed to be inserted herein an(
included herein, and if, through mistake or otherwise, any such provision is not inserted
or is not correctly inserted, then upon application of either party, the Contract shall forthwitl
be physically amended to make such insertion or correction.
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18. Additional Provisions. Any additional provisions of this agreement are set forth in thc
"General Provisions' or 'Special Provisions' attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BI
ABTACHED SAF-T-SEAL dba Schaefer's Parking Lot Servic
1)
(CORPORATE SEAL)
- Signature of Signatory
APPROVED TO AS TO FORM:
RONALD R. BALL
City Attorney President
Title
RLSBAD CALIFORNIA By:
--.-.-- @ JAJEk5id ,; &A
D uty City Attorney
8/1/9
@ -I)
personally appeared
personally known to me -OR- 0 roved to me on the &asis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
signature(s) on the instrument the person(§), or the entity upon behalf of which the person(s)
instrument.
within instrument and
and that by his/her/their
acted' executed the
Witness my hand and official seal.
(SEAL)
- ___ -
RIGHT THUMBPRINT (Optiona j
CAPACITY CLAIMED BY SlGNEl
0 INDIVIDUAL(S1
~~ORPORATE
OFFICER(S1 fib& , mnssi
OPARTNER(S1 OLlMlTED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(SI
OOTHER
SWER 1s REPRESENTING:
OGUARDIANICONSERVATOR
(Name of ~erson(s1 or Entlty(ies
RIGHTTHUMBPRINT (Optiona i
e e
CAPACITY CLAIMED BY SlGNEl
OINDIVIDUAL(S1
DCORPORATE
1
OFFICER(S1 ATTENTION NOTARY
ITITLES) The information requested below and in the column to the right IS OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. OGENERAL
THIS CERTIFICATE Tile or Type of Document OTRUSTEE(S1
MUST BE ATTACHED OGUARDIAN/CONSERVATOR
0 PARTNER(S1 0 LIMITED
OATTORNEY IN FACT
Signer(s) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s1 or Entity(ies
or State of
County
On$&a/ 1 qqL before me,
personally appeared
ATE)
6 personally known to me -OR- 0 roved to me on the
person(s) whqse name(s) islare subscribed to the
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
signature(s1 on the instrument the person(s), or the entity upon behalf of which the person(s1
instrument.
&asis of satisfactory evidence to be the
within instrument and
and that by his/her/their
acted, executed the
Witness my hand and official seal.
(SEAL)
I Ald!l*d-a (SI@ATURE OF 4 NOTARY) AWMLL/
RIGHT THUMBPRINT (Optional F
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S) CORPORATE
OPARTF;ER(S) OLlMlTED
OGENERAL
OA~ORNEY IN FACT
OTRUSTEE(S)
OOMER:
SIGNER 1s REPRESENTINO:
OGUARDlANlCONSERVATOR
(Name of Person(s) or Entity(iss)
RIGHT MuMBmlNT (Optionan 1!
!
CAPACITY CLAIMED BY SIGNER1
OINDIVIDUAL(S)
OCORPORATE
c- Bond Premium: Included
Perf o rmar
21
LABOR AND MATERlALS BOND 0
WHEREAS, the CQt Council of the City of Carfsbad State of California, by Resolution
NO. 96-58 , adopted February 13, 1996 , has awarded to
Saf---Sea1 Inc, Schaefer's Parkinq Lot Service (hereinafter designated as the 'Principal"), a Contract for:
7995 STREET SEALING PROGRAM
CONTFtACT NO. 241 24
in the Crty of Carlsbad, in strict conformity with the drawings and specifications, and othei
Contract Documents now on file in the Office of the City Clerk of ?he City of Carlsbad and all 01
which are incorporated herein by 'this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereol
require the furnishing of a bond, providing that if Principal or any of their subcontractors shal
fail to pay for any materials, provisions, provender or other supplies OF teams used in, upon o
about the performance of the work agreed to be done, or for any work or labor done thereor
of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Saf-T-Seal 1 nc, Schaefer's Parking lot Service ta Principal, (hereinafterdesignatedasthe'Contractuf), and Insurance Company of the West
as Surety, are heid firmly bound unto the City of Carlsbad in the sum of
Thousand Eiqht Hundred Twenty Five and 88/00----------------------- Dollar
($ 97.825.88 , said sum being fifty percent (50%) of the estimated amount payablt
by the City of Carlsbad ;)under the terms of the Contract, for which payment well and truly to bi mads we bind ourselves, our heirs, executors and administrators. successors, or assigns, joint1
and severally, firmly by these presents.
THE CONDlTlON OF THIS OBUGATION IS SUCH that if the person or hidher subcontractor
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, c
about the performance of the work contracted to be done, or for any other work or labor them
of any kind, or for amounts due under the Unemployment Insurance Code with respect to suc
work or tabor, or for any amounts required to be deducted, withheld, and paid over to th Employment Development Deparlment from the wages of employees of the contractor an1
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respec
to such work and labor that the Surety will pay for the same, not to exceed the sum specifk
in the bond. and, also. in case suCt Is brought upon the bond, costs and reasonable expense and fees, including reasonable attorney's fees, to be fixed by the court, as required by tk
provisions of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitle
to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Sectic
3082).
Ninety Seven
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Surety stipulates and agrees that no change, extension of time, afteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specrfications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.
In the event that Contractor is an individual, it is agreed that the death of any such Contmctoi shall not exonerate the Surety from its obtigations under this bond,
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Executed by CONTRACTOR this 21 st Executed by SURETY this 26th da1 day of February -m -- of February ,I 9E
CONTRACTOR: SUREN:
Insurance Company of the West
{name of Surety)
1111 E. Katella Avenue, Suite 250
Orange, CA 92667
[address of Surety) -
Gayle L. Schaefelc (714) 633-9640 -. (print name here)
President
(title and organrratjon of signatory)
- By: Donald L. Wood ” 0 (sign here) (prrnted name of Attorney-in-Fact)
(attach corporate resolution showing currer power of attorney)
5m b/+ (print name here)
(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. only one’officer signs, the corporation must attach a resolution certified by the secretaty c assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BAU
Ir/istG D /z.a&w
0/1 I 0 @
4 (NAMEISI OF SIGNERIS11 .JhLd $dLLL
roved to me on the
evidence to be the person(s) whose name(s) idare subscribed to the
acknowledged to me that he/she/they executed the same in his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
instrument.
asis of satisfactory personally known to me -0R-
within instrument and
authorized capacity(ies), and that by his/her/their
acted , executed the
Witness my hand and official seal.
(SEAL)
CAPACITY CLAIMED 6Y SIONEF
OINDIVIDUALIS)
@CORPORATE
OFFICERIS) fi@hd & Tj- /
(TITLES1
OPARTNER(S1 OLlMlTED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE~S)
OOTHER.
OGUARDIANKONSERVATOR
SIONER IS REPRESENTINO:
(Name of Person(s) or EntWiesI
RIGHT THuMBmtNT (Optional I
CAPACITY CLAIMED BY SlGNEl
OINDIVIDUAL(S1
OCORPORATE
OFFICER(S1 I ATTENTION NOTARY
ITlTLESl I 1 The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) OLlMlTED
OATTORNEY IN FACT
unauthorazed document. OGENERAL
THIS CERTIFICATE Title or Type of Document OTRUSTEE(S)
MUST BE ATTACHED GUARDIANICONSERVATOR
TO THE DOCUMENT Numberof Pages Date of Document OOTHER
DESCRIBED AT RIGHT
Signer(s) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(1es
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
+yL&]q iqi] \s+tj/\q 3dTGy(j
NAME &E OF OFFIC&- E G , 'JANE DOE, NOTARY PUBLIC'
personally appeared
NAME@) OF SIGNER(S)
to be the personM whose name@isLa
subscribed to the within instrument and a
knowledged to me that he/mexecutc
the same in his/-W!eir authorizc
capacityCtepj, and that by hislCW
signaturep on the instrument the personj!
or the entity upon behalf of which tl
personw acted, executed the instrumer
WITNESS my hand and official seal.
P
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN
;-aIdjq- i- :'qQ+x!L>/ LO] d,
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT TITLE(S)
3-
NUMBER OF PAGES
!
jy C+-[ i at. 6"'
DATE OF DOCUMENT
SIGNER IS REPRESENTING: --- NAME OF PERSON(S) OR ENTITY(1ES)
SIGNER@) OTHER THAN NAMED ABOVE -Phs (,25t;r
01 993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave , P 0 Box 7184 Canoga Park, CA
%> -.
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA e POWER OF ATTORN.EY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
DONALD L. WOOD
its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakii
othercontracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of I
on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy:
“RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, anc
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on beh,
Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the C
provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signat
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.”
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
8th day cf May 1995 .
INSURANCE COMPANY OF THE WEST 0 $ ,,@RPORArco 2
.f’ fl ; ,,/I /-: ’ /I +i+- ,d !“-p :&
‘%Rc“ 1, \@
4-u-u ‘41 IFORH\~ jl&/$/ -&l.-.~L~--- .STATE OF CALIFORNIA //Jbhn L. Hannum, Senior Vice President .. ss. I: COUNTY OF SAN DIEGO .,
On May 8th, 1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE CC OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he z the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the inst
WITNESS my hand and official seal. n
-qLb&-&&wj Notary Public ____
e?/;! p/. ‘I /A&? .
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY,
the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the abovc
resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 26th day of February I!
0 %C“ , ,1411
INSURANCE COMPANY OF THE WEST
,” ,+oRpORAr60 5
d ;.d/& / - L,.. .~ ---- --- - .- ....-.. L- E. H rned Davis, ce President c~llFOUN\k e
ICW 37
Bond Premium: $1,629.01
2 9
FAlTHFUL PERFORMANCE/WARRANTY BOND
@ WHEREAS, the City Council of the Cay of Carlsbad, State of California, by Resolutior NO. 96-58 , adopted - February 13, 1996 , has awarded tc
Saf-T-Seal Inc, Schaefer's Parking Lot Service , (hereinafte
designated as the 'Principal"), a Contract for:
1995 STREET SEALING PROGRAM
CONTRACT NO. 24124
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications
and other Contract Documents now on file in the mice of the City Clerk of the City of Cartsbad all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms therec
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW,THEREFORE, WE,Saf-T-Seal Inc, Schaefer's Parkinq Lot Service' ,asPrincipa
(hereinafterdesignatedasthe"ContiwtoP), and
, as Surety, are held and firmly bound unto the City of Carlsbac
in the sum of One H. undred Ninety Five Thousand Six Hundred Fifty One and 75/00------------------------------------------------------------- Uolfar
($195,651.75 ), said sum being equal to one hundred percent (100%) of the estimate amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; fc
which payment, well and truly to be made, we bind ourselves, our heirs, executors an
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDiTION OF THIS OBUG4TION IS SUCH that if the above bounden Contractor, the
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide b) ancl weti and truly keep and perforrn the covenants, conditions, and agreements in the Contra(
and any alteration thereof made txs therein provided on their part, to be kept and performed i
the time and in the manner therein specified, and in all respects according to their tnte inter ancl meaning, and shall indemnify and save harmless the City of Carlsbad, its officer!
empfoyees and agents, as therein stipulated, then this obligation shall become nul! and vok
otherwise it shall remain in full forc:e and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefo
thew shall be included costs and reasonable expenses and fees, including reasonable attorney
fees, incurred by the City in successfully enforcing such obiigation, all to be taxed as costs an
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to tt
terms of the Contract, or to the work to be performed thereunder or the SpCdfIcatiOr
accompanying the same shall affect its obligations on this bond, and it does hereby waive notic
of any change, extension of time, alterations or addition to the terms of the contract or to tt
work or to the specifications.
Insurance Company of the West
8/1 i a @
2
In the event that Contractor is an individuaf, it is agreed that the death of any such Contract01
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this - 2 1 st Executed by SURETY this 26th da\
dayof Februarv ,19%. of February ,1996
e
CONTRACTOR: SURETY: SAF-T-SEAL dba
r Inc* Insurance Company of the West
{name of Surety)
1111 E. Katella Avenue, Suite 250
Orange, CA 92667
(address of Surety)
- (714) 633-9640 Gayle L. Sch
(print name here) {telephone number of Surety)
President By: &&fH+
(Title and Organization of Signatoiy)
BY:&d { gn here)
(s’ nature of Attorney-in- act)
Donald L. Wood (printed name of Attorney-in-Fact)
5m Lut4GEL
v;cE tGk5W-r
{Attach corporate resolution showing curret
power of attorney.) < 0 (print name here)
(TitPe and Organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURFIY must be attached
(President or vice-president and secretary or assistant secretary must sign for corporations.
only one officer signs, the corporation must attach a resolution certified by the secretary (
assistant secretary under corporate seat empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BAL
Ci Attorney
By:
8/ 1
@3 a
-
State of @~~J~~~L 3
County of yL75 fi> ,,A,/
On h~. IP H~L before me, &/I itf 1A. d , &/PC. /'A 1 (~ATEI INAMEITITLE OF&FF~CER-I.~:JANE DOE, NOTARY PUBLIC-)
personally appeared
person(s1 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their a ut h o r i z e d c a pa c i t y ( i e s ) , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
instrument. acted, executed the
Witness my hand and official seal.
(SEAL)
I I I
__ -__ ____
RIGHT THUMBPRINT (Optiona i
a. P
CAPACITY CLAIMED BY SlGNEl
INDIVIDUA LIS) FORPORATE
n /I - OFFICER(S) ,&J,, ITITLESI + b /
OPARTNERfS) OLlMlTED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
OGUARD IANKONSERVATOR
OOTHER.
SIGNER 1s REPRESENTING:
(Name of Person(s) or Entity(ies1
RIGHT MuMBmiNT (Optiona I;
L
e
CAPACITY CLAIMED BY SIGNEF
OINDIVIDUAL(S)
OCORPORATE
I OFFICER(S1 ATTENTION NOTARY
1 i
It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. OGENERAL
THIS CERTIFICATE Title or Type of Document OTRUSTEE(S)
TO THE DOCUMENT Numberof Pages Date of Document OOMER
DESCRIBED AT RIGHT.
OPARTNER(S) ClLlMlTED
OATTORNEY IN FACT , MUST BE ATACHED OGU ARDIANICONSERVATOR
Signeris) Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
P
-* CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
before me, kL&Lh-l VI-,/ !? ~?\Ui'-I~lEW\, ,
DATE NAME TITLE! OF OFFICER - ~g "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
subscribed to the within instrument and a
knowledged to me that he/Wtky executc
the same in hislhehLtheir authorizt
capacity++-, and that by his/M%k
signatureN on the instrument the personp
or the entity upon behalf of which tt
My Comm. Expires Oct 1,1999
WITNESS my hand and official seal.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAl M E D BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN
..-
&A< rc,v ir rTiQ vw e- bet-? d 0 CORPORATE OFFICER
$ TITLE OR TYPE OF DOCUMENT TITLE(S)
-7 CS-
NUMBER OF PAGES
0 GUARDIAN/CONSERVATOR
DATE OF DOCUMENT
- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE 3f-l~ &rc%b,y f3 & 6 .c ..+<I-] Q-
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave , P 0 Box 7184 Canoga Park, CA
r
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA e POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
DONALD L. WOOD
its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertaki othermntracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of I
on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, an(
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on beh:
Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Ci
provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signati
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers
8th day cf May 1995 .
INSURANCE COMPANY OF THE WEST 0 f *LORPOR*rFo * fl ,/-:
48C" , ,191'
'41 IFCRH\c !<i:
kk-. '7 % ,/..' i / .p'-$ .>{
iqL.h-&LbL - Notary Public
J q.iy:J .dim (A': - . L' . LL. .' .___
, . :- 2i-w _. ;&.y !,i . _, u__-p__ f Jbhn L. Hannum, Senior Vice President
,e
0 STATE OF CALIFORNIA
I. I. ., ss.
- .i COUNTY OF SAN DIEGO
On May 8th, 1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE COi OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he e:
the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instr
WITNESS my hand and official seal. q
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, c
the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above
resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 26th day of February 19
(=jJ
INSURANCE COMPANY OF THE WEST
5 *co~po~~r~o '4Rw 1, \ql' i
-.-....-. L_
E. H rned Davis, ce President C*LIFCRN\L a
ICW 37
Wood-Gutmann Insurance Brokers
3100 Bristol Street, Suite 390
osta Mesa CA 92626
SAF-T-SEAL INC.
DBA: SCIKAEFER'S PARKING LOT
ER'S & CONTRACTOR'S PROT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRE0 AUTOS
NON-OWNED AUTOS
Additional
UMBRELLA FORM (9617965-00-64
*3o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad CA 92008-1989
Insured: Saf-T-Seal, Inc, DBA: Schaefer’s Parking Lot Service
Policy Number : MXA80149343
SCHEDULE
Busiinzss Auto Additional Insured: City of Carlsbad, its officials, employees
and volunteers
0
-----.I- .,----
The person of organization shown in the schedule is an Additional hsz-3 under this policy but only to the extent that the person or organizsticx i Gable for the conduct of an insured as defined in sub paragraphs A and B c
Section II, paragraph A.I. ”who is an insured” of this policy.
0
e
Insured: Saf-T-Seal, Inc., DBA: Schaefer's Parking Lot Service R.'Auu,.c~,Y~AuwA~~~ Insured: City of Carlsbad, its officials, employees and voluntl CNA
RE: 1995 Street Sealing Program (Contract #2412-S)
THIS ENDORSEMENT CHANGFc THE POUCY. PLEASE READ IT CAREFULLY.
BLANKET ADDlTlONAL INSURED ENDORSEMENT e
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called a insured) whom you are required to add as an additional insured on this policy under:
1.
2
A written contract or agreement: or
An oral agreement or contract where a certificate of insurance showing that person or organization as an a
insurd has been issued: but:
the written or oral contract or agreement must be:
(a)
@)
currently in effect or becoming effective during the term of this policy: and executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injuq
The insurance provided to the additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of
a.
b.
The limits of insurance applicable to the additional insured are those specified in the written contract or a<
or in the Declarations for this policy whichever are less. These limits of insurance are inclusive of a
addition to the limits of insurance shown in the Declarations.
Premises you own, rent, lease, or occupy or "Your work" for that additional insured by or for you. 0
2
The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "person
or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to rei professional services including:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys
orders, design or specifications; and
Supervisory, inspection, or engineering services. 2
Any coverage provided hereunder shal1 be excess over any other valid and collectible insurance availabl
additional insured whether primary, excess, contingent or on any other basis unless a contract specifically reqi
this insurance be primary or you request that it apply on a primary basis.
THIS ENDORSEMENT IS A PART OF YOUR POUCY AND TAKES EFFECT ON THE EfFECTlVE DATE (
POLICY UNLESS ANOMER EFFECTIVE DATE IS SHOWN BELOW.
6-17957-8 (ED. 09/92)
~ Y
--
1
- City of Carisbad
Purchasing Department 10 Representation and Certification
m
~ REPRESENTATIONS: Mark all applicable blanks. This I am currently certified by:
n
The following representation and certification are to be completed, signed and returned with proposal.
offeror represents as part of this offer that the ownership,
operation and control of the business, in accordance with the
specific definitions listed below is:
(Check appropriate Ethnic Ownership Type)
Certification #:
- CERTlFlCATlON OF BUSINESS REPRESENTATIONi
Mark all applicable blanks. This offeror represents as,
of this offer that:
Lu
1 This firm is , is not X 8
This firm is , is not X a
womanowned business.
- minority business.
1
1
J
WOMAN-OWNED BUSINESS: A woman-owned busin
a business of which at least 51 percent is owned, con and operated by a woman or women. Controlled is defir
exercising the power to make policy decisions. Opera
defined as actually involved in the day-tday manager DEFINITIONS:
- MINORITY BUSINESS ENTERPRISE: Minority Business' is
ned as a business, at least 51 percent of which is owned, !! erated 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 1 members. The Small Business Administration defines the
socially and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (i.e. American
Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-
Pacific Americans (i.e., US. Citizens whose origins are from
Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam,
the US. Trust Territories of the Pacific, Northern Marianas,
J
d
1 Laos, Cambodia and Taiwan).
CE WR FI CABCYq The information furnish&'&. certified to M f&t&4 and corrstzt 8s of 030 dais szbmitted.
Stan Wheel NAME O(tE
COMPANY NAME '
0% Pm5dh. .hm wr
3/ 0, &3s'/G 36 +
I A&:ESS ' 1 CITY, STATE AND ZIP
1 TELEPHONE NUMBER
u- q072-3
11 /I 6/95
DATE
8/1/95 6* @
I
3
OPTlONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carisbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is hereinaftei
called "Contractor" and whose
address is hereinaftei
called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree a:
follows:
0
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securiities with the Escrow Agent as a substitute fo
retention earnings required to be withheld by the City pursuant to the Construction Contrac
entered into between the City and Contractor for
in the amount of dated (hereinafter referred tc
as the 'Contract"). Alternatively, on written request of the contractor, the City shall makc
payments of the retention earnings directly to the escrow agent. When the Contract0
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notif!
the City within 10 days of the deposit. The market value of the securities at the time of thc
substitution shall be a least equal to the cash amount then required to be withheld a!
retention under the terms of the contract between the City and Contractor. Securities shal
be held in the name of the , and shall designate thc
Contractor as the beneficial owner.
2. The Crty shall make progress payments to the Contractor for such funds which otherwisc
would be withheld from progress payments pursuant to the Contract provisions, providec
that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow createc
under this contract is terminated. The contractor may direct the investment of the payment
into securities. All terms and conditions of this agreement and the rights ani
responsibilities of the parties shall be equally applicable and binding when the City pay
the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by th
Escrow Agent in administering the Escrow Account and all expenses of the City. Thes
expenses and payment terms shall be determined by the City, Contractor and Escro\
Agent.
e
4.
811 1
@ a
3
5. The interest earned on the securities or the money market accounts held in escrow and al
interest earned on that interest shall be for the sole account of Contractor and shall br
subject to withdrawal by Contractor at any time and from time to time without notice to thc
city.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of defautt by the
Contractor. Upon seven days' written notice to the Escrow Agent from the City of tht
defautt, the Escrow Agent shall immediately convert the securities to cash and shal
distribute the cash as instructed by the City.
8. Upon receipt of wriien notification from the City certifying that the Contract is final anc
complete and that the Contractor has complied with all requirements and procedure!
applicable to the Contract, the Escrow Agent shall release to Contractor all securiities anc
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securiities on deposit and
payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractoi
pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractoi
shall hold Escrow Agent harmless from Escrow Agent's release, conversion anc
disbursement of the securities and interest as set forth above.
a
.... 0 ....
....
....
....
....
....
....
....
e...
....
....
8/1/9 e@
3:
10. The names of the persons who are authorized to give written notices or to receive wriien
notice on behatf of the Clty and on behatf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
For City: Title
0
Name
Signature
Address
For Contractor: Titie b/~ P2//0zri,
For Escrow Agent: Title
Name
Signature 0 Address
811 1s
@ e
I b
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrov
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers 01
the date first set forth above. *
For City: Title
Name
Signature
Address
For Contractor: Title /)mr
Name gw h/&5L.
For Escrow Agent: Title
Name
Signature
Address
*
811 /9
@ a
8
RELEASE FORM
THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRES:
PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
e
RETENTION AMOUNT FOR THIS PERIOD: $
Dl SPUTED WORWCIAI MS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CIAIMED [OR ESTIMATQ
a
Contractor further expressly waives and releases any claim Contractor may have, of whatevc
type or nature, for the period specified which is not shown as disputed worklclaim on this fom
This release and waiver has been made voluntarily by Contractor without any fraud, duress c
undue influence by any person or entrty. Contractor is referred to paragraph 4 of the Publi
Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government Cod
Sections 12650-1 2655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028 implementin
the California False Claims Act and certifies that all claims submitted to the City shall be subjec
to the provisions of said codes and regulations.
$11 I
a9 0
3
Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period will be paid according to Public Contract Code
Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties
signing below on behatf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
e
DESCRIBE ENTITY (Partnership, Corporation, etc.)
By:
Title:
By:
Title:
0
81 1 /E
@ *
.
SPECIAL PROVISIONS
MODIFICATIONS TO PART 1 OF THE
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTlON 0
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
To subsection 1-1 , add the following
A. Reference to Drawings:
Where words "shown,' 'indicated,' 'detailed,' 'noted,' 'scheduled,' or words of similar import an
used, it shall be understood that reference is made to the plans accompanying these provisions
unless stated otherwise.
B. Directions:
Where words 'directed,' 'designated,' 'selected,' or words of similar import are used, it shall bc
understood that the direction, designation or selection of the Engineer is intended, unless statec
otherwise. The word "required' and words of similar import shall be understood to mean 'a:
required to properly complete the work as required and as approved by the City Engineer,
unless stated otherwise.
C. Equals and Approvals:
Where the words 'equal,' 'approved equal," 'equivalent,' and such words of similar import art
used, it shall be understood such words are followed by the expression 'in the opinion of thc
Engineer,' unless otherwise stated. Where the words 'approved,' 'approval,' 'acceptance,' o
words of similar import are used, it shall be understood that the approval, acceptance, or simila
import of the Engineer is intended.
D. Perform and Provide:
The word 'perform' shall be understood to mean that the Contractor, at her/his expense, sha
perform all operations, labor, tools and equipment, and further, including the furnishing an(
installing of materials that are indicated, specified or required to mean that the Contractor, a
herlhis expense, shall furnish and install the work, complete in place and ready to use, includinr
furnishing of necessary labor, materials, tools, equipment, and transportation.
To subsection 1-2, make the following modifications:
Agency - the City of Carlsbad, California
Engineer - the City Engineer for the City of Cartsbad or his approved representative
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SECTION 2 - SCOPE AND CONTROL OF THE WORK
To subsection 24, make the following modifications:
Delete the third sentence of the first paragraph having to do with a surety being listed in th
latest revision of U.S. Department of Treasury Circular 570.
To subsection 2-4, delete paragraphs three and four and replace with the following:
The Contractor shall provide a faithful performanceiwarranty bond and payment bond (labor ar
materials bond) for this contract. The faithful performance/warranty bond shall be in the amour
of 100 percent of the contract price and the payment bond shall be in the amount of 50 percer
of the contract price. Both bonds shall extend in full force and effect and be retained by the cil
during the course of this project until they are released according to the provisions of thi
sect ion.
The faithful performanceiwarranty bond will be reduced to 25 percent of the original amount 3
days after recordation of the Notice of Completion and will remain in full force and effect for th
one year warranty period and until all warranty repairs are completed to the satisfaction of th
Engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice (
Completion if all claims have been paid.
To subsection 24, add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to transac
the business of insurance in California and whose assets exceed their liabilities in an amour
equal to or in excess of the amount of the bond. The bonds are to contain the followin
documents:
1)
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e
An original, or a certified copy , of the unrevoked appointment, power of attorney, by law:
or other instrument entitling or authorizing the person who executed the bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insurancl
commissioner. 2)
If the bid is accepted, the Ci may require a financial statement of the assets and liabilities c
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date c
the execution of the bond. The financial statement shall be made by an officer's certificate a
defined in Section 173 of the Corporations Code, In the case of a foreign insurer, the financh
statement may be verified by the oath of the principal officer or manager residing within th(
United States.
To subsection 2-51, add the following:
The plans for this project consist of one (1) sheet, Dwg. No. 286-9, Sheet 23.
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To subsection 2-6, add the following:
The work to be done consists of applying a rubberized asphalt slurry seal to various residentic
streets as shown on Exhibit 2. In addition to the work shown on the striping plans, th Contractor shall paint all stop bars and stop legends that are covered by the rubberized aspha
slurry seal. The Contractor shall furnish all materials required by this contract and provide th
necessary labor and equipment to complete the operations specified herein.
Delete subsection 2-9.1 and replace with the following:
2-9.1 Permanent Survev Markers
The Contractor shall not disturb permanent survey monuments or benchmarks without th
consent of the Engineer. Where the Engineer concurs with the Contractor that protecting a
existing monument in place is impractical, the Contractor shall employ a licensed land surveyc
to establish the location of the monument before it is disturbed. The Contractor shall have tt-
monument replaced by a licensed land surveyor no later than thirty (30) days after constructio
is completed.
When a change is made in the finished elevation of the pavement of any roadway in which
permanent survey monument is located, the Contractor shall adjust the monument frame an
cover to the new grade. Monument frames and covers shall be protected during street sealin
or painting projects or be cleaned to the satisfaction of the Engineer. The Contractor shall nc
be entitled to any additional compensation for the work required by this subsection.
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SECTION 4 - CONTROL OF MATERIALS
Add the following subsection:
4-11.3.1 Inspection Reauirements
contractor shall furnish Engineer with such information as may be necessary to keep him full
informed regarding progress and manner of work and character of materials. Inspection of WOI
shall not relieve Contractor from any obligation to fulfill this Contract.
Delete subsection 4-1.4, and replace with the following:
4-1.4 Test of Material
Except as specified in these Special Provisions, the Agency will bear the cost of testing material
and/or workmanship where the results of such tests meet or exceed the requirements indicate1
in the Standard Specifiitions and the Special Provisions. The cost of all other tests shall b
borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be approve
by him before the delivery is started. All materials proposed for use may be inspected or teste
at any time during their preparation and use. If, after trial, it is found that sources of suppl
which have been approved do not furnish a uniform product, or if the product from any sourc
proves unacceptable at any time, the Contractor shall furnish approved material from othc
approved sources. After improper storage, handling or any other reason shall be rejected.
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Said tests may be made at any place along the work as deemed necessary by the Engineer
The costs of any retests made necessary by noncompliance with the specifications shall bc
borne by the Contractor.
sEcnoN 5 - unLinEs
To subsection 5-1, add the following:
The City of Carlsbad and affected utiltty companies have, by a search of known records
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of thl
work. However, the accuracy of completeness of the utilities indicated on the Plans is nc
guaranteed.
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SECTlON 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF ME WORK
Add the following subsection:
6-2.1 Phasinq of the Work
The Contractor shall apply the rubberized asphatt slurry seal to each designated street in haH
street applications.
The easterly and southerly half of Batiquitos Drive from Alga Road shall be sealed on a Tuesds
only. The Contractor shall begin this work at the westerly end of Batiquitos Drive and open thc
golf house driveway to traffic by 12:OO noon. The westerly and northerly half of Batiquitos Drivc
from Alga Road shall be sealed the day before or the day after the easterly and southerly ha
is sealed. The Contractor shall stripe Batiquitos Drive within 48 hours of completing the sealin!
work.
Columbine Drive and Wisteria Way will receive an A.C. overlay as part of an existing Citl
contract. The Contractor shall not seal Daisy Avenue, Jasmine Court, or Lily Place until thc
overlay on Wisteria Way is completed. The Contractor shall not seal Mimosa Drive, Fern Place
Cereus Court, Mallow Court, Sorrel Court, Catalpa Road, Columbine Drive, Geranium Street, o
Arena1 Road until the overlay on Columbine Drive is completed.
Delete subsection 6-5 and repiace with the following:
6-5 Termination of Contract
Grounds for termination of the contract by the City include failure of the City or Contractor tc
obtain necessary permits from other governmental agencies, or unreasonable delay caused b!
enforcement of laws and regulations by other public agencies, including but not limited to
enforcement of the Endangered Species Act and other similar laws.
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Delete subsection 67.1 and replace with the foliowing:
67.1 General
The Contractor shall begin work within fifteen (1 5) calendar days after receipt of the "Notice tc Proceed" and shall diligently prosecute the work to completion within fifteen (15) consecutive
working days after the date work begins.
To subsection 67.2, add the following:
Hours of work - Street cleaning shall begin no earlier than 7:OO a.m. No street shall be closec
before 8:30 a.m. Closed streets shall be re-opened to traffic before 5:30 p.m.
The Contractor shall obtain the approval of the Engineer if it desires to work outside the hours
stated herein.
Contractor may work on Saturdays, Sundays and holidays only with the wriien permission 01
the Engineer. This written permission must be obtained at least 24 hours prior to such work.
To subsection 6-8, add the following:
All work shall be guaranteed for one (1) year after the filing of a 'Notice of Completion' and any
faulty work or materials discovered during the guarantee period shall be repaired or replaced
by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shal
be retained as a warranty bond for the one year warranty period.
Add the following subsection:
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@ 6-8.1 Nonconformina Work
The Contractor shall remove and replace any work not conforming to the plans or specifications
upon wriien order by the Engineer. Any cost caused by reason of this nonconforming work
shall be borne by 'the Contractor.
Delete subsection 69 and replace with the following:
69 Liquidated Damaae8
Failure of the Contractor to complete the work within the time allowed will result in damages
being sustained by the Agency. Such damages are, and will continue to be, impracticable and
difficult to determine. Therefore, if the completion date is not met, the Contractor will be
assessed the sum of $250 per day for each day beyond the completion date as liquidated
damages for the delay. Any progress payments made after the specified completion date shal
not constitute a waiver of this paragraph or of any damages.
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SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
To subsection 7-3, add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of B
least A-:V and are authorized to conduct business in the state of California and are listed in thl
official publication of the Department of Insurance of the State of California.
To subsection 7-4, add the following:
All insurance is to be placed with insurers that are authorized to conduct business in the stat1
of California and are listed in the official publication of the Department of Insurance of the Stat
of California. Policies issued by the State Compensation Fund meet the requirement fc
workers' compensation insurance.
To subsection 7-5, add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
To subsection 7-8.1, add the following:
If the Engineer determines that clean-up or dust control is required on the project, thc
Contractor shall provide it without regard to time of day, day of week, Contractor holiday, Cit
holiday, or legal holiday.
To subsection 7-8.5, add the following:
The Contractor shall obtain a temporary water meter from the appropriate water authorrty tc
record the amount of water used for the construction of this project. The Contractor shall nc
draw water from any source that is not metered. The cost of the meter and water is incidenta
to the work and the Contractor shall not be entitled to any additional compensation for the mete
rental/deposit or water.
Add the following subsection:
78.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in gooc
repair when in use on the project with special attention to CQ Noise Control Ordinance No
31 09, Carlsbad Municipal Code, Chapter 8.48.
To subsection 7-10.1 delete the fifth paragraph and replace with the following:
The Contractor shall not close any pottion of a street on that street's trash pick-up day.
To subsection 7-1 0.1 add the following:
The Contractor shall not close half a street until sealing operations begin. The Contractor shal
not close a street that cannot be sealed and re-opened to two-way traffic by 530 p.m. the sam
day.
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Except for Batiquitos Drive, the Contractor will be permitted to close a street to two-way traffi,
on the day the half-street is sealed. The Contractor shall set up traffic control as shown on thr
traffic control plan for a typical half-street closure.
Batiquitos Drive shall remain open to two-way traffic during sealing operations. The Contracto shall set up traffic control as shown on the traffic control plan for Batiquitos Drive.
On Batiquitos Drive, the Contractor shall place the delineators on the centerline and remove a
other traffic control devices when the rubberized asphalt slurry seal is dry or by 5:30 p.m. Thr
contractor shall maintain the delineators as a centerline divider until the first striping applicatioi
is made.
Delete subsection 7-1 0.2 and replace with the following:
7-1 0.2 Storage of EquiDment and Materials in Public Streets
Material shall not be stored in public streets. Equipment may be parked in the lane temporaril!
closed to traffic. All equipment shall be removed from the lane before the lane is open to traffic
Delete subsection 7-10.3 and replace with the following:
7-1 0.3 Street Closures, Detours. Barricades
The Contractor shall provide and install all construction signs, barricades, delineators, and othe
traffic control devices in accordance with the traffic control plan for this project. It is believec
that the traffic control plan is complete. If, however, the Engineer determines that fielc
conditions require additional traffic control signage, the Contractor shall provide and install then
for an additional flat rate charge of $3.00 per day per sign. Should the Contractor fail tc
maintain the traffic control system in accordance with the traffic control plan, the Engineer mal
make the necessary corrections and deduct from the Contractor's progress payment the City':
cost for so doing.
Prior to closing half a street, the Contractor shall post temporary "No Parking-Tow Away" sign!
on only one side of the street a minimum of 72 hours prior to beginning work. After posting thc
temporary "No Parking-Tow Away" signs, the Contractor shall notify the Police Department o
the posting by calling 931-2197. Failure of the Contractor to notrfy the police will prohibit thc
Contractor from proceeding with sealing operations on streets where vehicles are illegall]
parked. When the hatf-street is re-opened to traffic, the Contractor will be permitted to pos
temporary "No Parking-Tow Away' signs on the unsealed side of the street. The 72-hou
requirement and police notfition applies to all postings of temporary 'No Parking-Tow Away
signs.
Not more than 72 hours nor less than 48 hours before sealing operations begin, the Contracto
shall give wriien notfition to residences on both sides of the street of the impending streel
closure.
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The notification shall be hand delivered and shall state the date and time the work will begin ar
its anticipated duration. The notification shall list two telephone numbers that may be called 1
obtain additional information. One number shall be the Contractor’s permanent office or fie
office and the other number shall be a 24 hour number answered by someone who
knowledgeable about the project. An answering machine shall not be connected to 8ithc
number. The notification shall give a brief description of the work and simple instructions to tt
residents on what they need to do to facilitate the construction. The notice shall state th<
vehicular access will be prohibited for - hours. The Contractor shall submit the contents (
the notification to the Engineer for approval. Notices shall not be distributed until approved t
the Engineer.
The notification shall be pre-cut in a manner that enables it to be affixed to a doorknob witho
adhesives. It shall be a minimum size of 3-1/2 inches by 81/2 inches and shall be brighl
colored with contrasting printing. The material shall be equivalent in strength and durability ,
65 Ib. card stock. The printing on the notice shall be no smaller than 14 point.
The preparation, materials, printing and distribution of the notifications shall be considere
incidental to the work and the Contractor will not be entitled to any additional compensation fc
printing and distributing these notices.
In addition to the @-hour notice required by this subsection, the Contractor shall distribute
letter to all residences on streets to be sealed under this contract. This letter shall be distribute
after the Contractor receives a purchase order from the Crty, but at least two weeks before tt
work begins. The letter shall state the Contractor’s name and telephone number, give a gener
description of the work, and tell the resident approximately when the work will take place. Tt
letter shall also state that each residence will be notified 48-hours in advance of exactly whc
the work will take place.
The Contractor shall not@ Aviara Golf Course one weeks prior to sealing Batiquitos Drive t
calling Jim Bellington at 438-4801.
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SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
Delete this section.
SECTION 9 - MEASUREMENT AND PAYMENT
To subsection 9-32, make the following modification:
Delete the second sentence of the third paragraph having to do with reductions in amount (
retent ion.
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SPECIAL PROVISIONS
MODlFlCAllONS TO PART 3 OF THE
STANDARD SPECIFICATIONS * FOR PUBLIC WORKS CONSTRUCTION
SECTION 310 - PAINTING
Delete subsection 310-5.6 and replace with Chapter 84 of the Cakrans Standard Specifications
1992 Edition, modified as follows:
Delete subsection 84-3.02 and replace with the following:
843.02 Materials
Paint for traffic stripes and pavement markings shall be rapid dry water borne and conform tc
State Specification No. 801 0-91 D-30. Glass beads shall conform to Cattrans Specification No
8010-1 1 E-22, Type II. Thinning of paint will g be permitted. Paint shall be supplied b\
manufacturers that have been approved by Caltrans.
Delete subsection 84-3.06
Delete subsection 8443.07 and replace with the following:
843.07 Payment
Compensation for providing pavement striping shall be included in the lump sum bid item fo
signing and striping. The lump sum payment shall include full compensation for furnishing ai
labor, materials, tools, equipment, and incidentals, and for doing all the work involved in paintins
traffic stripes including establishing alignments for stripes and layout work.
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SPECIAL PROVISIONS
MODIFICATIONS TO PART 6 OF THE
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION e
Add the following subsection:
600-4 Rubberized Asphalt Slurrv Seal
6004.1 Materials
The material to be used for this project shall be a rubberized asphatt slurry seal consisting c
a rubberized asphatt emulsion and aggregate.
600-4.1.1 Rubberized AsDhalt Emulsion
The rubberized asphatt emulsion shall consist of emulsified asphatt, crumb rubber and poIym6
modifier. The components of the rubberized asphatt emulsion shall meet the followins
requirements:
Emulsified Asphalt: Emulsified asphalt shall meet the requirements of table 203-3.2(A).
Crumb Rubber: Crumb rubber shall meet the requirements of subsection 600-2.2.2. Onc
hundred percent of the rubber material shall pass a number 20 sieve and a maximum c
2 percent shall pass a number 200 sieve. The rubber shall be added to the rubberized asphal
emulsion by the emulsion manufacturer at a minimum rate of 0.55 pounds per gallon and 4
maximum rate of 0.65 pounds per gallon.
Polymer Modifier: Polymer modifier shall be a styrene/butadiene rubber (SBR) latex with 1
styrene/butadiene ratio of between 22/78 and 26/74. The SBR latex shall have a solids conten
of at least 60 percent. The SBR shall be added to the rubberized asphatt emulsion by thc
emulsion manufacturer at a minimum of 2 percent and a maximum of 5 percent by emulsioi
weight.
600-4.1 9 Anareaate
Aggregate shall consist of natural or manufactured sand and crushed rock and shall be free c
organic matter, dirt, and other deleterious substances. Smooth textured sand of less than 1.2:
percent water absorption, as tested by ASTM C-128, shall not exceed 50 percent of the tota
combined aggregate. The aggregate blend shall have a sand equivalent of not less than 4!
when tested in accordance with ASTM D-2419 and shall meet the requirements of tablc
2061.2.1 (6). The combined aggregate shall conform to the gradation shown in the following
table:
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60W.1.3 Additives
After mixing the rubberized asphatt emulsion and aggregate, the Contractor may add
substances up to one percent of the rubberized asphatt emulsion by weight to modrfy viscosrty,
setting and curing characteristics. Additives shall be compatible with other components of the
slurry mix and shall be added only at the mixing plant.
6004.2 Mix Design Submittal
A mix design for the rubberized asphatt slurry seal per subsection 600-1.2 is required. The Contractor shall not order materials until the mix design is approved by the Engineer. o 6004.3 Quality Requirements
Rubberized asphatt emulsion shall meet the following quality requirements:
Viscosity, 77. F., Brookfield, #6 Spindle at 10 rpm (cps) 1500 Min Residue by Distillation, % 50 Min Granular Rubber Content, Lbs/Gal 0.55 Min
Sieve Test % 0.10 Max
Particle Charge An ionic
Test on Residue from Distillation:
Penetration, 7'7" F., 100 g., 5 sec. 40 Max
75 Min Percent Soluble in Trichlorethylene
600-4.4 Mixing
A central mixing plant shall be used to mix the rubberized asphalt emulsion and aggregate. Ths
mixing tank shall have a minimum capacw of 2,000 gallons and be equipped with load cells
and a full sweep agitator. The pre-wetted aggregate shall be added to the tank slowly am
continuously until a mixture of the required weight of aggregate for every gallon of rubberizec asphalt emulsion is obtained. The rate of mixing shall be approximately 10-12 pounds o
aggregate to each gallon of rubberized asphalt emulsion. The exact ratio shall be determinec
by the Contractor and shall be held constant for the entire project.
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600-4.5 ADD lication
Prior to placing and spreading rubberized asphatt slurry, the Contractor shall prepare the
pavement per subsection 302-2.2. Surface preparation is incidental to the work and nc
additional payment will be made therefore. The slurry shall be applied only when:
1)
2) 3) Rain is not eminent.
The rubberized asphatt slurry shall be applied at a rate of approximately 0.20 gallons per square
yard. The exact application rate shall be determined by the Contractor and shall be helc
constant for the entire project. Prior to applying the rubberized asphatt slurry seal, thc
Contractor shall verify the application rate on a test section of street designated by the Engineer
An agreed upon area shall be measured and the rubberized asphalt slurry seal shall be appliec
to that area. If the Contractor proposes to use a meter to verify the number of gallons appliec
over the designated area, the Contractor shall first verify the accuracy of the meter by pumpins
slurry material into a tank of known volume. The tank shall have a circular or rectangula
cross-section. The Contractor may propose an alternative method of verifying the applicatior
rate subject to approval by the Engineer. The pavement surface shall be pre-wet before
applying the rubberized asphatt slurry. The rubberized asphatt slurry shall be applied in a
continuous operation and the Contractor shall not begin application of the slurry until the
Engineer agrees a continuous application can be made.
608-4.6 Spreading EauiDment
The rubberized asphalt slurry shall be applied by a distributor truck with an attached mechanica
type squeegee box. The box shall be equipped with flexible material where surface contact i:
made to prevent the loss of slurry materiial. The distributor truck shall be equipped with L
pressurized water system and fog-type spray bar positioned immediately ahead of the spreadel
box to pre-wet the pavement surface. The distributor truck shall be equipped with a device tha
enables the Engineer to safely and cleanly draw a one gallon sample. The sample shall weigt
no less than 1 1.3 Ibs/gal and no more than 12.7 Ibdgal. The Contractor shall not be permittec
to modify the material in the distributor in any way in order to meet this specification and thc
rubberized asphalt slurry seal in the distributor truck shall be rejected.
Atmospheric temperature is above 60" F and pavement temperature is above 55" F.
The pavement is clean and dry.
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CITY OF CARLS
CITY OF OCEANSIDE
1995 STREET SEALING PROGRAM
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4 STREETS TO BE SEI
NOT TO SCALE
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OFFICIhL RECORDS
29- JUL-1996 O9:37 fir! w
Recording requested by: 1 S~N DIEGO COUNTY RECORDER'S OFFICE 1 282 CITY OF CARLSBAD ) 1 When recorded mail to: 1
)
GREGORY SMTH 9 COUNTY RECORDER FEES: 0.00
;p$ City Clerk City of Carlsbad 1200 Carlsbad Village Dr.
Carlsbad, CA 92008 )/ 1' 1 );h/y
Space above this line for Recorder's Use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is wner crf the interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California,
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on June 5, 1996.
6. The name of the contractor, if any, for such work of improvement is Schaefets Parking Lot
Service.
7. The property on which said work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the 1995 Street Sealing
Program, Project No. 24128.
8. The address of said property is within-the limits of the City of Carlsbad.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008; the City Council of said City on , 19%, accepted the above described work as completed and ordered that a Notice of Completion be filed.
July 9
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 12 , 1996, at Carlsbad, California.
CITY OF CARLSBAD
City Clerk
~