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Home My WebLink AboutShaw Equipment Rentals Inc; 1989-03-14; 3258TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 6 DESIGNATION OF SUBCONTRACTORS 7 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10 CONTRACT 11 CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' 16 COMPENSATION RESPONSIBILITY CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION 16 REFORM AND CONTROL ACT OF 1986 LABOR AND MATERIALS BOND 17 PERFORMANCE BOND 19 CERTIFICATION OF COMPLIANCE 21 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU 22 OF RETENTION (OPTIONAL) SUPPLEMENTARY GENERAL PROVISIONS 25 SPECIAL PROVISIONS 33 LOCATION MAP 35 DETAIL OF NORTH ISLAND 36 DETAIL OF SOUTH ISLAND 37 BEST ORIGINAL CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:30 P.M. on Wednesday, the 1st day of February, 1989, at which time they will be opened and read for performing the work as follows: BUENA VISTA LAGOON RESTORATION CONTRACT NO. 3258 The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file with the City Clerk. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (California government Code Section 4590), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this contract. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience A small sample of the sand to be supplied shall also be included with the bid. All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $110,000. No bid shall be accepted from a Contractor who has not been licensed with classification A, C-12, C-27, or other approved specialty in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. Sets of Contract Documents and Specifications may be obtained at no cost at the Purchasing Department, City Hall, 1200 Elm Avenue. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate .of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The provisions of Part 7, Chapter l, of the California Labor Code commencing with Section 1720 shall apply to the Contract for work If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. A prebid meeting and tour of the site will not be held. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. The Contractor shall be required to maintain insurance as specified in the contract. Any additional cost of said insurance shall be included in the bid price. Approved by the City Council of the City of Carlsbad, California, by Resolut. No. 88-430, adopted on the 20th day of December,1988. December 27, 1988 Date Aletha L. Rautenkranz, City CleVk CITY OF CARLSBAD CONTRACT NO. 3258 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue 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. 3258 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: Item Description with Item Unit Price or Lump Sum No. Price Written in Words 1 In-place fine grading at $35,000.00 per lump sum 2 Imported sand at $19.05 per Ton Approximate Quantity and Unit LUMP SUM 3,600 Tons Unit Price *** Total $35,000.00 $19.05 $68,580.00 Total amount of bid in words: Five Hundred Eighty Dollars One Hundred Three Thousand Total amount of bid in numbers: $ 103, 580.00 Addendum(a) No(s). have been and is/are included in this proposal. has/have been received The undersigned agrees to extend to the City a period of time not exceeding sixty (60) days from bid opening, during which the City may award construction with no change in bid prices. The islands are open from the north shore for pre-bid inspection. Interested contractors should bring their own boat. Questions regarding this project may be directed to the Project Manager. Contact Gary Kellison at (619) 438-1161. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omissions of the part of the Undersigned in making up this bid. The Undersigned further agrees to extend to the City a period of time not exceeding sixty (60) days from bid opening during which the City may award construction with no change in bid prices. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of Award of Contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bids shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 469708 . identification A-Gen. Eng.. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 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 California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract. The Undersigned is aware of the provisions of the State of California 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. (619) 741-5828 Phone Number February 1. 1989 Date 1630 Rincon Ave. Escondido, CA 92026 Bidder's Address Shaw Equipment Rentals, Inc. Bidder's Name Authorized Signature Corporation Type of Organization (Individual, Corporation, or Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: Daniel B. Shaw, President Carol A. Shaw, Financial Officer/ Secretary (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) .11« * oo $ I n IO 6 I CO OO | CO tf> STATE OF CALIFORNIA COUNTY OF on February 1. San Diego 1989 ss , before me, the undersigned Notary Public in and for said State, personally appeared Daniel B. Shaw and Carol A. Shaw personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as the President and as the Secretary on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Signature SAFECO TITLE INSURANCE FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LAURA ANN WARWICK NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY 17,«yirt»i BOND #KAA 005058 BIDDER'S BON I) TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, SHAH EQUIP^EKI RENTALS^;INC_^ , as Principal, and MERITPLA.N 'INSURANCE COMPANY. as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Tpn poyv_. ,. ., .ien Percent of„the Amount Bid for which payment will and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, •jointly and severally, firmly by these payments. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden principal for: BUENA VISTA LAGOON RESTORATION CONTRACT NO. 3258 fr in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of Award of contract by the City Council of the City of Carlsbad, 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. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exorlerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 30 day of January 1989. Corporate Seal (if Corporation) ^SHAVL EQUIPMENT RENTALS, INC. MERITPLAN INSURANCE COMPANY L^^l^J^^L^^^^^. '~x7^>Su^V /' tb. " ^BI^i^^Sh^TT^esldeBy "TlARSHA C7 GARRISON " , Title ATTQRNEYJN^FACT ' (NOTARIAL A^KNoew£llK^KENT OF (ATTACH ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS ATTORNEY IN FACT) AND SURETY MUST BE ATTACHED,) I*S 5 8 U n U 6 U) OU «,LU -S u- 2"< SU) CO STATE OF CALIFORNIA San DiegoCOUNTY OF On February 1.1989 ss before me, the undersigned Notary Public in and for said State, personally appeared Daniel B. Shaw and Carol A. Shaw personally Known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as the President and as the Secretary on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. Q/IS\ ftSignatunU SAFECO TITLE INSURANCE FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LAURA ANN WARWICK NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY Mycomnv «xp<r« Sept 17,1991 STATE OF_ County of _ CALIFORNIA ORANGE ) ss: On this 30 _day of JANUARY LAURIE ANN LERMA 19 89 , before me _, a Notary Public, personally appeared.MARSHA C. GARRISON .personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Meritplan Insurance Company, and acknowledged to me that he subscribed the name of the Meritplan Insurance Company thereto and his own name as Attorney-in-Fact. OFFICIAL SEAL LAURIE ANN LERMA NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN CHANGE COUNTY My Commission Exp. Dec 30 1991 \ Notary Public in and for the County of ORANGE o^ „/ CALIFORNIA MERITPLAN Insurance Company J349M1CHELSON DRIVE. IRVINE. CALIFORNIA >>::i? !W)h * r GENERAL POWER OF ATTORNEY Know All Men by These Presents, That MERITPLAN INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Irvine. Orange County. California, does by these presents make, constitute and appoint MARSHA C. GARRISON of.Orange and State of California its true and lawful Attorney! s)-in-Fact. with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver $1.500,000 Any And All Bonds and to bind the Company thereby as fully and to the same ex tent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney! s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Meritplan Insurance Company at a meeting held on the 11th day of February'. 1974. "Be ft Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with lull pou er and authority to appoint any one or more suitable persons as A ttorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Compatn . to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory under- takings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof, Meritplan Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixejjjbj^l4th day of November A.D.. 19 _86. ^^^vtV^llVd/Hf't^^. *"MERITPLAN INSURANCE COMPANY State of California County of Orange ss.: On this 1 4th H.iv of Bv_ K. R. Huckabay November P. G. Robbins _K._R._Huckabav executed the within instrument as acknowledged to me that the corporation executed it. Vice President . in the year 1 986 before me . a notary public, personally appeared personally known to me to be the person who _. on behalf of the corporation therein named and OFFICIAL SEAL P. a ROBBINS Notary PuMte-Callfomta ORANGE COUNTY My Comm. Exp. Aug. 4, 1989 P. G. Robbins Notary Public I. the undersigned Secretary of Meritplan Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Meritplan Insurance Company at a meeting duly called and held on the 11 th of Feb- ruary 1974. and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." 30GIVEN under my hand and the seal of said Company, at Irvine. California, this I day ofJanuary )Q 39 41 ri Bond #NAA 005058 Secretary DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code - "Subletting and Subcontracting Fair Practices Act." No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached if required. Items of Full Company Complete Address Phone No. Work Name with Zip Code with Area Code Imporation Brady Sand & Suite^lO?1 St> (619) 744-5546 of Sand Material San Marcos, CA 92069 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Full Company Name Type of State Carlsbad Amount Contracting Business of License & No. License No.* Bid f$ or %) Brady Sand & Material CA T-94068 None 25% * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. Shaw Equipment Rentals, Inc. Bidder's Company Name 1630 Rincon Ave . Escondido. CA 92026 _ (NOTARIAL ACKNOWLEDGEMENT OF ^ — sBidder's Complete Address EXCEPTION MUST BE ATTACHED.) <y / L jC3 (CORPORATE SEAL) President „ , Authorized SignaCarol A. Shaw, Secretarynature if STATt Of CALIFORNIA }ss COUNTY OF San Diego On February 1, 1989 . "before me. the undersigned Notary Public m and tor Hid Stale, personally appeared Daniel B. Shaw and Carol A. Shaw personally known to me or proved to me on the basis ol satisfactory •vidence to be the person(s) who executed the within instrument as the p/esident and as the Secretary on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to Its by-laws or a resolution of its board of directors. Cut/ SAFECO TITLE INSURANCE 1 FOR NOTARY SEAL Oft STAMP /^£g^. OFFICIAL SEAL Bi*-*jS^W LAURA ANN WARWICK VSfMlSJfB NOTARY PUBLIC-CALIFORNIA '• \&S£p/ 8AN DIEGO COUNTY ^^el»^ My comm. «pim Sept 17, 1991 F * » » » J i t » i .» , « +4 « t i J t , » t ( ,, ' ( BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. See attached. •Si Signature (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED) (CORPORATE SEAL) <_> U • IfCO 10 Of COUNTY OF San Diego On February 1. 1989 SS before m«. the undersigned Notify Public in and for Mid Slate, personally appeared Daniel B. Shaw and Carol A. Shaw _ personally known to me or proved lo me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as the P/esident and as the ~~~ Secretary on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of Its board of directors Signature SAFECO TITLE INSURANCE FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LAURA ANN WARWICK NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My comm. ««lrM Scot 17,1991»pirtiaepL i/. i-rti i•»•••»« rt»«»J SALES June July August September October November December $26,640.96 5,500.00 66,796.10 15,329.00 29,604.68 15,400.00 36.958.58 $196,229.32 EXPENSES Salaries & Wages Payroll Taxes Advertising Dues & Subscriptions Entertainment & Promotion Material Hauling Equip. Rentals Fuel & Oil Moving of Equip. Insurance Interest Expense Legal & Accounting Parts, Maint., & Repairs Materials Miscellaneous S.D.G.&E. Office Supplies & Exp. Rent Taxes & Licenses Telephone Union - Health & Vac. Bank Charges Outside Services Bonding Expenses $42,058.72 13,914.44 444.00 110.00 109.65 1,439.00 1,251.22 4,665.74 2,806.50 18,410.96 7,658.46 709.00 7,584.52 13,513.89 1,988.35 330.36 331.28 2,668.28 2,566.03 2,174.47 11,770.03 135.00 437.00 1,562.00 $138,638.90 Daniel B. Shaw, President Carol A. Shaw 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used, if notarized or sealed. Date Contract Completed 10/88 8/88 5/88 3/88 6/88 7/87 Name and Address of the Employer City of Escondid 101 N. Broadway Escondido 92025 Schmidt Dev.10650 Scripps Re Blvd. ; Suite 220 San Diego 92131 it Ralph Luedtke1426 Rubenstein Cardiff 92007 Halliday Const.4285 Ibis St. San Diego 92123 Whitwer Const.4204 Adams Ave . Suite A. SanDiego, 92116 Name and Phone No. of Person to Contact Mr. Dale Mathr (619) 741-4691 Arnold Schmidt (619) 578-0870 ii Larry Kelly^.ve . [619) 461-9619 Bob Halliday (619) 295-5700 Ray Whitwer, Sr C61<M 784-4871 Type of Work Island 2 Restorat Undergrou o Jndergroun Jndergroun . Undergro & n r a ri i Amount of Contract Lon ?11,990.00 id ?69,131.10 5316.750.0 1 ?65,910.00 i ?83,560.00 ind i f *-\ n? 1 A? n 'Daniel BrSHaw7 President _ , , SignatureCarol A. Shaw, Secretary (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) STATt Of CALIFORNIA COUNTY Of San Diego On February I, 1989 before me. the undersigned Notary Public in and tor said State, personally appeared Daniel B. Shaw end Carol A. Shaw personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as the P/e$ident and as the Secretary on behalf of the corporation therein named and acknowledged to me thai such corporation executed the within instrument pursuant to its by-laws or a resolution of Its board of directors. Signature SAFECO TITLE INSURANCE FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ?& LAURA ANN WARWICK ;; NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My cqmm. «*pir«« Sept 17,1991 * 11 CONTRACT - PUBLIC WORKS This agreement is made this /l^*-' day of x?*->-^x:—•• . 1989, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), andShaw Equipment Rentals, Inc. whose principal place of business is 1630 Rincon Avenue, Escondido, CA 92026 (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: BUENA VISTA LAGOON RESTORATION PROJECT NO. 3258 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated,' specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 4. Payment. All full compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction. The closure date for each monthly invoice will be the 30th of each month. 12 Invoices from the Contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184. Independent Investigation. Contractor has made an Independent Investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Change Orders. City may, without affecting the validity of the Contract, order changes, modifications and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized to order changes or extra work is the Project Manager. The written change order must be executed by the City Manager if 13 it is for $15,000.00 or less or approved by the City Council and executed by the Mayor if the amount of the change order exceeds $15,000.00. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code. Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to California Labor Code. Section 1775, Contractor shall pay prevailing wagers. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnity. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. 10. Insurance. Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at all time during the performance of this agreement a policy or policies of insurance covering its operations and insurance covering the liability stated in Paragraph 10. The policy or policies shall contain the following clauses; Contractor's liability insurance policies shall contain the following clauses: A. "The City is added as an additional insured as respects operations of the named insured performed under contract with the City." B. "It is agreed that any insurance maintained by the City shall apply in excess of and not contribute with, insurance provided by this policy." 14 All insurance policies required by this paragraph shall contain the following clause: A. "This insurance shall not be cancelled, limited or non- renewed until after thirty (30) days written notice has been given to the City." B. "The insurer waives any rights of subrogation it has or may have, against the City or any of its officers or employees." Certificates of insurance evidencing the coverage required by the clauses set forth above shall be filed with the City prior to the effective date of this agreement. 11. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of worker's compensation self-insurance prior to the start of any work pursuant to this contract. 13. Claims and Lawsuits. Contractor shall comply with the Government Tort Claims Act (California Government Code Section 900 et seq.) prior to filing any lawsuit for breach of this contract of any claim or cause of action for mpney or damages. 14. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract 15 for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this contract. 17. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 18. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED.) SHAW EQUIPMENT RENTALS, INC. Contractor [Seal) By PPRWED AS TO FORM: City Attorney 3. 7 ATTEST: City Clerk Corporation Acknowledgment STATE OF CALIFORNIA COUNTY OF f\nt\_ and State, personally appeared basis of. satisfactory evidence) to be the e^the undersigned, a Notary Public in and for said County -0 , personally known to me (or proved to me ^= =r: .President, and ., known to me to be the ~r—— Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its By-Laws or a Resolution of its Board of Directors. Notary Seal WITNES:hand and official FRED&' •SI Smith tsRomfMo Blvd.. Notary Public in and for said County and State. a Corporation Acknowledgment STATE OF CALIFORNIA COUNTY OF On. and State, personally appeared basis of satisfactory evidence) to be the — m the undersigned, a Notary Public in and for said County , personally known to me (or proved to me , and ., known to me to be the .. Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its By-Laws or a Resolution of its Board of Directors. Notary Seal / / \ WITNES iSI Smith Eseondkto ?M..Notary Public in and for said County and State. 16 CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor *** CONTRACTOR'S CERTIFICATION OF AWARENESS OF «, IMMIGRATION REFORM AND CONTROL ACT OF 1986 — "I am aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Section 1101-1525) and have complied *"* with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this «• Contract." Contractor (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.) (CORPORATE SEAL) BOND #04NAA 005061 17 EXECUTED IN FOUR COPIES AND MATERIALS BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the city Council of the city of Carlsbad, State of California, by Resolution No. 89-53 adopted Feb. 21, 1989 . has awarded to Shaw Equipment Rentals, Inc. ____ _ _ (hereinafter designated as the "Principal"), a Contract for: BUENA VISTA LAGOON RESTORATION CONTRACT NO. 3258 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that is said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth . NOW, THEREFORE, WE, Shaw , Equipment Rentals, Inc. _ , as Principal, (hereinafter designated as the "Contractor"), and ... ...MERITPLAN INSURANCE coffi^Y _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of Fifty one thousand, seven hundred ninety and 00/00 ***** Dollars fS 51,790.00 _ ), said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or the supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code. Corporation Acknowledgment STATE OF CALIFORNIA COUNTY OF San Diego ss. On March 6 _, 19 89 before me, the undersigned, a Notary Public in and for said County Carol Shaw t personally known to me (or proved to me on the basis of satisfactory evidence) to be the .President, and and Secretary of the corporation that and State, personally appeared the basis of satisfactory evic Financial Officer executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its By-Laws or a Resolution of its Board of Directors. Notary Seal WITNESS my hand and official seal. Notary Public in and for said County and State. >• » •« OFFICIAL SEAL OONNAL MATANANE NOTARV 3UBUC-CAUFORNIA SAN DIEGO COUNTY My comm expires Oct.13.1992 STATE OF CALIFORNIA County of ORANGE ss: On this.3RD jday of LAURIE ANN LERMA personally appeared.PAMELA ANDROSKO MARCH 19 89 f fee/-ore me _, a Notary Public, .personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Meritplan Insurance Company, and acknowledged to me that he subscribed the name of the Meritplan Insurance Company thereto and his own name as Attorney-in-Fact. 4U002R11S2 OFFICIAL SEAl , LAUR'-E ANN LERMA NOTARY PUBLIC • CAtlFOBNIA PRINCIPAL OWCe IN ORANGE COUNTY My Cwnmisww fap. Dec. 30. 1991 QWMAAJL Notary Public in and for the County of ORANGE State nf CALIFORNIA 18 This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the California civil Code (commencing with Section 3082). In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 3RD day of MARCH 1989. (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION FOR EACH SIGNER KUST BE ATTACHED.) (CORPORATE SEAL) SHAW EQUIPMENT RENTALS Contractor PAMELA ANDRtfSKO, ATTO MERITPLAN INSURANCE COMPANY Surety BOND -#04NAA 00506(1 EXECUTED IN FOUR COPIES 19 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the city Council of the City of Carlsbad, State of California, by Resolution NoggrS^^., adopted 2/21/89 . has awarded to Shaw Equipment Rentals f incj ___ , (hereinafter designated as the "Principal"), a Contract for: BUENA VISTA LAGOON RESTORATION CONTRACT NO. 3258 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad all of which are incorporated herein by this reference. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, Shaw Bguigment Rentals, Inc. as Principal, (hereinafter designated as the "Contractor"), and . MERITPLAN INSURANCE coi^PfNY as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of One hundred three thousand, hundred eighty and 00/100 Dollars ($i°_3,S80.00 *******_), said sum being equal to one hundred percent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the city in successfully enforcing 20 such obligation, all to be taxed as costs and include in any judgement rendered. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications 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 any contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has' been duly executed by the Contractor and Surety above named on the 3RD day of __._MARCH , 1989. SHAW EQUIPMENT RENTALS. INC. (NOTARIAL ACKNOWLEDGEMENT OP EXECUTION FOR EACH SIGNER MUST BE ATTACHED.) (CORPORATE SEAL) Contractor MERITPLAN INSURANCE COMPANY Surety PAMECA ANDROSKO, ATTORNEY-IN-FACT £ 5£ u| g su H •« Q 2? 2 I §E-< e Corporation Acknowledgment STATE OF CALIFORNIA COUNTY OF San Diego On ss. and State, personally appeared ., 19 —89 before me, the undersigned, a Notary Public in and for said County Carol—Shaw , personally known to me (or proved to me on the basis of satisfactory evidence) to be the .President, and —Financial OFficer , taBKKtmKXxbedfcKXxand Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its By-Laws or a Resolution of its Board of Directors. Notary Seal WITNESS my hand and official seal. Notary Public in and for said County and State.•* OFFICIAL SEAL OQNNAl MATANANE NOTARY PUBLIC-CALIFORNIA ' SAN DIEGO COUNTY My comtn expires Oct. 13,1992'«>»»>»>•**» STATE OF CALIFORNIA ro,,n,v nf ORANGE ) ss: On this.3RD jday of MARCH LAURIE ANN LERMA 19 89 t before me ., a Notary Public, personally appeared.PAMELA ANDROSKO .personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Meritplan Insurance Company, and acknowledged to me that he subscribed the name of the Meritplan Insurance Company thereto and his own name as Attorney-in-Fact. 4L002R1182 OFFICIAL SEAL LAURIE ANN LERMA MOTARV PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission £»p Dec. 30. 1991 Notary Public in and for the County of ORANGE f state nf CALIFORNIA MERITPLAN Insurance Company 3349 MICHELSON DRIVE, IRVINE, CALIFORNIA 92715-1606 GENERAL POWER OF ATTORNEY Know AU Men by These Presents, That MERITPLAN INSURANCE COMPANY, a corporation duly organized and existing underthe laws of the State of California, and having its principal office in Irvine, Orange County, California, does by these presents make, constitute and appoint' RICHARD EIDEM and PAMELA ANDROSKO Anahpim . and State »f California . its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. $1.500.000 ANY AND ALL BONDS and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Meritplan Insurance Company at a meeting held on the 11th day of February, 1974. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact Attoraey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory under- takings and any wA all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof, Meritplan Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto State of California County of Orange SB.: On this 29th rfay of day of..Taniiflry MERITPLAN INSURANCE COMPANY ., 19M. K. R. Huckabay January Grace B. Pelina K. R. Huckabav executed the within instrument as _______^__ acknowledged to me that the corporation executed it Vice President yaar 1988 before me ., a notary public, personally appeared ., personally known to me to be the person who , on behalf of the corporation therein named and OFFICIAL SEAL NOTARY PU3llC.-C.M.!fCRi«A ORAH6E COUNTY MY COMMISSION £XP. JULY 12,1991 f Grace B. Pelina Notary Public I,.the undersigned Secretary of Meritplan Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that die said Power of Attorney is still in force and effect And I do hereby further certify that the Certification ofthis Power ofAttorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Meritplan Insurance Company at a meeting duly called and held on the 11 th of Feb- ruary 1974, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, at Irvine, California, this. MARCHiQ 89 3RD .day of BOND #04NAA 005061 4L200R186 Secretary 21 CERTIFICATION OF COMPLIANCE I hereby certify that SHAW EQUIPMENT RENTALS, INC. Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. March 4, 1989 Date (NOTARIZE OR CORPORATE SEAL) Signature (St5al) Title (Notarial acknowledgement of execution by all principals must be attached) *•* >^/'£ 8 V *."•3a IP Corporation Acknowledgment STATE OF CALIFORNIA COUNTY OF ss. IOn. and State, personally appeared basis of satisfactory evidence) to be the zn. rKjTjeithe undersigned, a Notary Public in and for said County i v^. Wft,^ f personally known to me (or proved to me =ic___, President, and ., known to me to be the ~ " Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pur- suant to its By-Laws or a Resolution of its Board of Directors. Notary Seal WITNESS/friy hand and official<& WDfc!. vifl South tscondWri Blvd.. ^-'-Vdo, Cafif. Notary Public in and for said County and State. OIVIOM.SEAL ftfDt*SW(TGAIl CERTIFICATE OF INSURANCE SET TAB STOPS AT ARROWS ISSUE DATE (MM/DD/YY) 2/17/89 PRODUCER HOWELL, MURRIA $ FRICK INSURANCE 380 STEVENS AVE.S #115 SOLANA BEACH, CA 92075 INSURED SHAW EQUIPMENT RENTAL 1630 RINCON AVE. ESCONDIDO, CA 92026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSNO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE A SCOTTSDALE INS COMPANY LETTER COMPANY LETTER -- D o Q 1QQQL 8 2 0 1303 COMPANY Q LETTER fitter E rv "IPAL PRQ-1^"^DIVISION 'COVERAGES NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-TIONS OF SUCH POLICIES. TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER GLS086747 POLICY EFFECTIVE DATE (MM/DO/YY) 12/23/88 POLICY EXPIRATION DATE (MM/DD/YY) 12/23/89 LIABILITY LIMITS IN THOUSANDS BODILYINJURY PROPERTYDAMAGE BI&PDCOMBINED $500 PERSONAL INJURY BODILYINJURY(PER PERSON) BODILYINJURY(PER ACCIDENT) PROPERTYDAMAGE Bl &PDCOMBINED Bl & POCOMBINED $ 500 500 $ $ STATUTORY H~(EACH ACCIDENT) (DISEASE-POLICY LIMfT) (DISEASE-EACH EMPLOYEE)! DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is included as additional insured as respects General Liability. CERTIFICATE HOLDER City of Carlsbad Attn: Gary Kellison 1200 Elm Ave. Carlsbad, CA 92008 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J^L_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ EPRi 'ATIVE iq:ord p.p; 1 aMBHMsinanK^u^iiL CONSTRUCTION SERVICES INSURANCE AGENCY 1840 EMBARCADERO OAKLAND, CA 94606 TEL: (415) 534-2000 * ajCdiiMiftii jH..VA«JjltajiUiLfc.W—h_i£&£u jl*&tuii^4. »u. .uL..JLA4t uWj- *- Jfac TH!S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER **AETNA LIFE INSURED SHAW EQUIPMENT RENTAL INC. 1630 RINCON AVENUE ESCONDIDO, CA 92026 COMPANY ., LETTER «* LETTER^ C COMPANY r\ LETTER ** COMPANY LETTER , THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. ico JLTR 1 r ii \ U TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS ($&ERP]J^) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER JC 750476880 CCA POLICY EFFECTIVE DATE (MM/DD/YY) 2-26-88 POLICY EXPIFtATIONDATE (MM/DO/YY) 2-26-89 LIABILITY LIMITS IN THOUSANDS BODILY INJURY PROPERTYDAMAGE Bl & PD COMBINED EACHOCCURRENCE $ $ $ PERSONAL INJURY BODILY INJURY (PER PERSON! BODILY INJURY (PER ACCIDENT! PROPERTY DAMAGE Bl & PD COMBINED Bl & PD COMBINED $ $ $ $ $ AGGREGATE $ $ $ $ $ STATUTORY x | $1,000, ("CH ACCIDENT) $L , 000 ,(DISEASE-POLICY LIMIT) $L , 000 .(DISEASE-EACH EMPLOYEE! DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CITY OF CARLSBAD DEFT. OF PERMITS 1200 ELM AVENUE CARLSBAD, CA 92008 ACORD.25 (8/84) -CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL iU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER ii»)^SSmiSMilf8Si^^^S&^li.. _. *^.WftjfeS¥£8SaE^slfffXt^. I AUTHORIZED I © IIR/ACORD CORPORATION 1984 qcofo. i ;• "* m^^L^mmm^^'^^^^-ji SLL PRODUCER NORTH COUNTY INSURANCE P.O. BOX F ESCONDIDO, CA. 92025 THIS CERTIFICATE IS ISSUED AS A MATTEP OF INFORMATION ONLY AND CONFERSNO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENDEXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER **CENTURY NATIONAL INSTANCE COMPANY INSURED[DANIEL SHAW DBA: SHAW EQUIPMENT RENTALS INC11630 RINGON AVE.JESCONDIDO, CA. 92025 COMPANY LETTER :COMPANY 1 LETTER ' COMPANY i LETTER iCOMPANY I LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR ,^___ A \ DE TYPE OF INSURANCE GENERAL LIABILITY A EXI COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUNDEXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY JTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS ( pHJ|/RPASS<) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY :ESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY POLICY NUMBER BAP33382 S5ff&MOBILE PHYSICAL DAMAGE-SPEC. AUTOSj BAP33382 -\MT V 1 POLICY EFFECTIVEDATE (MM/DD/YY) 12: Olam 11/15/RR 12: Olam 11/15/88 POLICY EXPIRATIONDATE (MM/DO/YYI 12: Olam 1 1/1 S/RQ 12: Olam 11/15/89 LIABILITY LIMITS IN THOUSANDS BODILYINJURY PROPERTYDAMAGE Bl & PD COMBINED EACHOCCURRENCE $ $ $ PERSONAL INJURY BODILYINJURY(PER PERSON) BODILYINJURY(PERACOOENT) PROPERTYDAMAGE Bl & PDCOMBINED Bl & PDCOMBINED $ $ $ $300. $ AGGREGATE $ $ $ $ $ STATUTORY | $ (EACH ACCIDENT) $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) $250. COMPREHENSIVE $500. COLLISION sCfltPttoN OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CITY OF CARLSBAD 1200 ELM AVE. CARLSBAD, CA. 92008 ATTN: PURCHASING DEPT./RUTH - FLETCHER ACORD 25 (8/84) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, I ' 'TCE SERVICES", INC,/Bk IIR/ACORD CORPORATION 1984 22 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Elm Avenue, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and . whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). A copy of said contract is attached as Exhibit "A". When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. Prior to any disbursements, Escrow Agent shall verify that the present cumulative market value of all securities substituted is at least equal to the cash amount of all cumulative retention under the terms of the Contract. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 23 3. Alternatively, the City may make payments directly to Escrow Agent in the amount of retention for the benefit of the City until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses any payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest .earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the City of the default of the Contractor, the Escrow Agent shall immediately convert the securities to cash and shall distribute the case as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections 4 and 6, inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to sign five (5) written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: 24 For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Name Signature Address For Contractor: Title Name Signature Address 25 SUPPLEMENTARY GENERAL PROVISIONS 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words "shown", "indicated", detailed", "noted", "scheduled", or work of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. B. Directions: Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer", unless stated otherwise. C. Equals and Approvals: Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer," unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California. 26 Engineer - the Project Manager for the City of Carlsbad or his approved representative. 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The specifications for the work are the Standard Specifications for Public Works Construction. 1988 Edition, hereinafter designated SSPWC, as issued by the Southern California Chapter of the American Public Works Association, and these project specifications herein supplied. 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representative. The Engineer shall have free access to any or all parts of work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: At the option of the Engineer, the source of supply of each of the materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved materials from other approved sources. After approval, any material which becomes unfit fee ruse due to improper storage, handling or any other reason shall be rejected. All backfill and subgrade shall be compacted to 85% of maximum relative density. Compaction tests may be made by the City at its expense. 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 non-compliance with the specifications shall be borne by the Contractor. Add the following section: 4-1.9 Nonconforming Work The Contractor shall remove and replace any work not conforming 27 to the plans or specifications upon written order by the Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. No changes shall be made to the construction schedule without the prior written approval of the Engineer. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph of any damages. 6-7 TIME OF COMPLETION The Contractor shall begin work within fourteen (14) calendar days after receipt of the "Notice to Proceed" and shall diligently prosecute the work to completion with sixty (60) consecutive calendar days after the date of the Notice to Proceed. Notice to proceed will be issued after all Contractor bonds, contract documents, and permit authorizations have been received and accepted by the City. All permits shall be obtain^! by the City. To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:00 A.M. and sunset, from Mondays through Fridays. The Contract shall obtain the approval of the Engineer if he/she desires to work outside the hours stated herein. Contractor may work during Saturdays and holidays only with the written permission of the Engineer. This written permission must be obtained at least 48 hours prior to such work. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at his expense. 28 6-9 LIQUIDATED DAMAGES Add the following: If the completion date is not met, the Contractor will be assessed the sum of $100 per day for each calendar day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 7-3 LIABILITY INSURANCE AND 7-4 WORKERS COMPENSATION Modify Sections 7-3 and 7-4 as follows: SPECIAL INSURANCE INSTRUCTIONS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. If the insurance is on a "claims made" basis, coverage shall be maintained for a period of three years from the date of completion of the work. The cost of such insurance shall be included in Contractor's bid. The insurance company or companies shall meet the requirements of City Council Resolution No. 8108. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability; and Insurance Service Office form number GL 0404 covering Broad Form Comprehensive General Liability; and 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto"; and 3. Worker's Compensation as required by the Labor Code of the State of California and Employer's Liability Insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury and 29 property damage. If the policy has an aggregate limit, a separate for the risks for which the City or its agents, officers or employees are additional insured. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials and employees; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages: a. The City, its officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. 30 d. Coverage shall state that Contractor's insurance «• shall apply separately to each insured against whom claim is made or suit is brought, except with •m respect to the limits of the insurer's liability. —' 2. Workers' Compensation and Employers' Liability Coverages m The insurer shall agree to waive all rights of subrogation against the City, its officials, employees *• and volunteers for losses arising from work performed by Contractor the City. ^ 3. All Coverages «* Each insurance policy required by this clause shall be endorsed to state without qualification that coverage '"" shall not be suspended, voided, cancelled, reduced in -m coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt ~. requested, has been given to the City. *** E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:XI unless otherwise authorized by City Council Resolution No. 8108. F. Verification of Coverage Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsement for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms provided by the City and are to be received and approved by the City before work commences. G. Subcontractors "**" Contractor shall include all subcontractors as insureds ,„, under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for « subcontractor shall be subject all of the requirements stated herein. 31 7-5 PERMITS Add the following to Section 7-8: 7-8.8 Noise Control: All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY Add the following to Section 7-10.4, Public Safety: 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public. 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11.06, Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, such conditions or modifications established pursuant to Section 1601 of the Fish and Game Code shall become conditions of the contract. SECTION 8 - FACILITIES FOR AGENCY PERSONNEL Delete this section. 9.3.1 PAYMENT Add the following for imported sand: 32 All bulk materials delivered to the jobsite shall be accompanied by a weigh master's certificate listing the weight and identification. Bulk material used on the job without correct weight certificates will not be paid for by the City. 9-3.2 PAYMENT Delete the second sentence of the third paragraph having to do with reductions in amount of retention. 33 SPECIAL PROVISIONS Buena Vista Lagoon Islands Restoration of Wildlife Nesting Area Scope of Work: A dozer of adequate size to perform grading will be transported via barge or air lifted to the two largest islands on the east end of Buena Vista Lagoon. The north island is approximately 3.6 acres with approximately 1.32 acres designated a "no grading" zone, leaving 2.27 acres to grade and top with sand. The second island is approximately 3.5 acres with .5 acre in two "no grading" zones leaving about 3 acres to grade and cover with sand. Considering 20 feet of buffer around the shoreline on both islands, a total of approximately 5 acres will be graded and topped with sand. Sand will be delivered and stock-piled on the mainland near the shore within reach of the equipment' s arm and bucket or other appropriate method of transport to be approved in advance by the Engineer and the Department. Exact location of the stock pile will be determined by City and Department personnel prior to project commencement. The dry sand will then be transported to the islands by barge, pontoon bridge, conveyor, or air lift. The sand will be unloaded and spread evenly over each recontoured island. If the sand is pumped to the island in a slurry, no runoff into the lagoon shall be allowed. It shall be the responsibility of the contractor to obtain an approved haul route for sand import. Contact the Project Manager for an application form. No fill shall be placed, inadvertently or otherwise, into the lagoon. Construction of a temporary road or fill causeway to the islands is specifically prohibited. Grading and sand topping specifications are as follows: Grading Specs; 1. Grading should extend no closer than 20 feet from the shoreline of each island. 2. In-place fine grading shall be performed to smooth the existing craters or vertical coutours. This grading need not exceed 4 inches in vertical depth for cut or fill. 34 3. Contractor is to stake the "no grading" zones as per the attached maps and shall install warning signs, warning tape, or other methods, to be approved by the Engineer, intended to warn contractor's workers and keep all equipment away from the "no grading" zones. Contractor is to maintain these warning devices at all times during the course of the project and shall be removed upon completion. 4. Contractor is to stay out of the "no grading" zones as per the attached maps for the purpose of preserving existing Salicornia stands (pickleweed). 5. Care should be taken to avoid sediment deposition into the lagoon while the project is in progress. Sand Topping Specs: 1. Sand to be used will be medium grade, white or light grey local "river bottom" sand free of organic material, loam, and clay. 2. Sand is to be applied to the areas of recent grading on both islands, avoiding the "no grading" zones and not extending closer than 20 feet from the shoreline. 3. Sand is to be spread evenly 4 1/2 inches* over the contoured grading of each island. 4. Care shall be taken to avoid sand and sediment deposition into the lagoon while the project is in progress. 5. A sample of the sand shall be given to the Project Manager with the Contractor's bid for approval by the City prior to the award of a construction contract. * amount of sand to be determined by the City Inspector and paid by the specified unit price. 35 LOCATION MAP HIGHWAY 78 I ISLANDS TO BE RESTORED VICINITY MAP ~ NT.S. 1 PROJECT NAME BUENA VISTA LAGOON ISLAND RESTORATION PROJ. 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