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Home My WebLink AboutTarzian Landscape Contruction; 1994-08-18; 3401, - CITY OF CARLSBAD san Diego county California CONTRACT DOCUMENTS AND SPECIAL PROVISIONS ry %b FOR "' REPAJRS TO NILTIGATION LANDSCAPING AND SCOPE PROFILE RESTORATION FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISl'TUCT CONTRACT NO. 3401 02/16, TABLE OF CONTENTS Itern 4 Pa4 NOTICE INVITING BIDS . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTRACTOR'SPROPOSAL ........................................ BIDDER'S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . 1 DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . 1 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 CONTRACT-PUBLlCWO RKS...................................... 1 LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PERFORMANCEBOND ........................................... 2; * . . . . . . . . . . REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3' RELEASEFORM ............................................... 3! SPECIAL PROVISIONS e I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 11. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WON CONSTRUCTION FOR CONSTRUCTION MATERlALS . . . . . . . . . . . . . . . . . . . 4€ 111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORK! CONSTRUCTION FOR CONSTRUCTION METHODS . . . . . . . . . . . . . . . . . . . . 5' 0 02/16P @ 1 ??? C2TY OF CARLSBAD, CALIFORNIA NOTICE I"G BIDS Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 12 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on tl 9th day of June, 1994, at which time they will be opened and read, for performing tl work as follows: 0 REP- TO MITIGATION LANDSCAPING AND SCOPE PROW RESTORATION FOR THE PALOMAR AIRPORT ROAD = ASSESSMENT DIma CONTRACT NO. 3401 The work shall be performed in strict conformity with the specifications as approved by tt City Council of the City of Carlsbad on file with the Engineering Department. TI specifications for the work include the Standard Specifications of Public Worl Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designatt "SSPWC", as issued by the Southern California Chapter of the American Public Worl Association and as amended by the special provisions sections of this contract. Referenc 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-owne businesses. @ The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators an contractors to utilize recycled and recyclable materials when available and wher appropriate. No bid will be received unless it is made on a proposal form furnished by the Purchasin Department. Each bid must be accompanied by security in a form and amount require by law. The biddeis security of the second and third next lowest responsive bidders ma be withheld until the Contract has been filly executed. The security submitted by all othe unsuccessful bidders shall be returned to them, or deemed void, within ten (lo} days afte the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectioi 22300), appropriate securities may be substituted for any obligation required by this noticl or for any monies withheld by the City to ensure performance under this Contract. Sectioi 22300 of the Public Contract Code requires monies or securities to be deposited with th City or a state or federally chartered bank in California as the escrow agent. The documents which must be completed, properly executed, and notarized are: 1. Contractois Proposal 2. Biddefs Bond 3. Non-Collusion Affidavit e U16/9~ 69 All bids will be compared on the basis of the Engineer's Estimate. The estimated quanritj are approximate and serve solely as a basis for the comparison of bids. The Enginee 0 Estimate is $91,250. No bid shall be accepted from a contractor who is not licensed in accordance with t provisions of California state law. The contractor shall state their license numb1 expiration date and classification in the proposal, under penalty of perjury. The followi classifications are acceptable for this contract: C-27 in accordance with the provisions state law. If the Contractor intends to utilize the escrow agreement included in the contra documents in lieu of the usual 10% retention from each payment, these documents mc be completed and submitted with the signed contract. The escrow agreement may not ' substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at tl Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenuf Carlsbad, California, for a non-refundable fee of $10.00 per set. If plans and specifkatio are to be mailed, the cost for postage should be added. The City of Carlsbad reserves the right to reject any or all bids and to waive any minc irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute 13 Contract shall be those as determined by the Director of Industrial Relations pursuant 1 the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 I the Labor Code, a current copy of applicable wage rates is on file in the Office of tl Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay le than the said specified prevailing rates of wages to all workers employed by him or her the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions ( Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Codr "Subletting and Subcontracting Fair Practices Act." The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 172 shall apply to the Contract 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, i indicated in this proposal, times the unit price as submitted by the bidder. In case of discrepancy between words and figures, the words shall prevail. In case of an error in th extension of a unit price, the corrected extension shall be calculated and the bids will b computed as indicated above and compared on the basis of the corrected totals. 7 0 0 2/16/9 69 All prices must be in ink or typewritten. Changes or corrections may be crossed out a typed or written in with ink and must be initialed in ink by a person authorized to sign fi the Contractor. Bidders are advised to vedy the issuance of all addenda and receipt thereof one day prii to bidding. Submission of bids without acknowledgment of addenda may be cause rejection of bid. Bonds to secure faithful performance and warranty of the work and payment of labore and materials suppliers, in an amount equal to one hundred percent (100%) and fif percent (SO%), respectively, of the Contract price will be required for work on this projec These bonds shall be kept in full force and effect during the course of this project, and sb extend in fill force and effect and be retained by the City until they are released as statc in the Special Provisions section of this contract. All bonds are to be placed with a sure1 insurance carrier admitted and authorized to transact the business of insurance 1 California and whose assets exceed their liabilities in an mount equal to or in excess 4 the amount of the bond. The bonds are to contain the following documents: 1) e An original, or a certified copy, of the unrevoked appointment, power of attorne by laws, or other instrument entitling or authorizing the person who executed ti bond to do so. A certified copy of the certificate of authority of the insurer issued by the insuranc commissioner. 2) @ If the bid is accepted, the City may require a financial statement of the assets and liabilitic of the insurer at the end of the quarter calendar year prior to 30 days next preceding th date of the execution of the bond. The financial statement shall be made by an officer certificate as defined in Section 173 of the Corporations Code. In the case of a foreig insurer, the financial statement may be verified by the oath of the principal officer c manager residing within the United States. Insurance is to be placed with insurers that have (1) a rating in the most recent Besr's Ke: Rating Guide of at least A-:V, and (2) are authorized to transact the business of insuranc in the State of California by the Insurance Commissioner. Auto policies offered to meet th specification of this contract must: (1) meet the conditions stated above for all insuranc companies and (2) cover any vehicle used in the performance of the contract, used onsit1 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 b limited in any manner. Workers' compensation insurance required under this contract must be offered by company meeting the above standards with the exception that the Best's rating conditio1 is waived. The City does accept policies issued by the State Compensation Fund meetin1 the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. An! 1) additional cost of said insurance shall be included in the bid price. 2l16D 69 The prime contractor and all subcontractors are required to have and maintain a valid Cit of Carlsbad Business License for the duration of the contract. @ Approved by the City Council of the City of Carlsbad, California, by Resolution No. 94-120, adopted on the 3rd day of May, 1994. &%a 54kdha L.dLl&& ify Clerk 7224 Date e 0 21 16/91 @ Q[TYOFCARLS&AD REPAW3 TO MITIGATION LANDSCAPING AND SCOPE PRO= RESK)RATON FOR THE PAulMAR AIRPORT ROAD WESlr ASSESSMENT DISTRICT CONTRACT NO. 3401 CONTRACXOR'S PROPOW I city council City of Carlsbad 1200 Carlsbad Village Drive 1 Carlsbad, California 92008 I 1 1 I 1 m I The undersigned declares he/she has carefully examined the location of the work, read Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to fun aIl labr, materials, equipment, transportation, and services required to do all the worl complete Contract No. 3401 in accordance with the Plans and Specifications of the Cit Carlsbad, and the Special Provisions and that he/she will take in full payment therefor following unit prices for each item complete, to wit: Item Quantity unit Approximate - No. Descrbtion and Unit Price Total 1 Clear & Grub at 72,700SF $0- I> 4 817. Dollars per Square Foot I 2 15 Gallon Trees at 83 EA $ s;3r.fJo $64 I Dollars Each 3 Plant Bands at 3,039 EA 4.[-4< +44 4 5 Gallon Shrubs at 82 FA $14.m - Q H45 5 1 Gallon Shrubs at 2,093 FA $4*b $44E 1 1 I I I 1 Dollars Each Dollars Each Dollars Each 2416 @ I. Approximate item Quantity unit I - No. Description and Unit Price - Total 6 South Side of Palomar Airport Road 72,700 SF $0.4-7 + <DE3 Hydroseed at Dollars per Square Foot t 1 I 1 1 I I 7 Soil Preparation at 72,700 SF * * ;-I 42% 8 higation System at 1LS 4 w3-4Jo + iq,: Dollars per Square Foot Dollars per Lump Sum 9 North Side of Palomar Airport Road 135,000 SF $Q si 4 4 a&, \ Hydroseed & Erosion Control Dollars per Square Foot m 10 Slope Profile Restoration at 1LS $ Id,Cmd &[b,< 1 Dollars per Lump Sum 11 Establishment for Planting & 6MONTHS $bww $121T Hydroseeded Areas for 120 Working Days Following Installation Completion at 1 I I 1 I I I Dollars per Month Total amount ofbid in worh: One hundred, thirty-eisht dollars and no cents Total amount of bid in numbers: $ ***? 1 4 I 7 38 - 0 O*** Pr;ce(s) given above are firm for 90 days after date of bid opening. fourteen thousand, Seven hul I Addendum(a) No(s). has/have been received and is/are included in t %mfld &/&5fl/ 0 proposal. &..../ Z/lt 613 *;*7 i"" bwv 7Qp', &I- FL The Undersigned has checked carefully all of the above figures and understands &ate City will not be responsible for any mor or omission on the part of the Undersigned preparing this bid. The Undersigned agrees that in case of default in executing the required Contract M necessary bonds and insurance policies within twenty (20) days from the date of awarc Contract by the City Council of the City of Carlsbad, the proceeds of the check or bc accompanying this bid shall become the property of the City of Carlsbad. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licen to do business or act in the capacity of a contractor within the State of California, vali license under license number 40b'~b \ , classification -7 which expi and that this statement is true and correct and has the legal effeci A bid submitted to the City by a Contractor who is not licensed as a contractor pursu to the Business and Professions Code shall be considered nonresponsive and shall rejected by the City. 5 7028.15(e). In all contracts where federal funds are involved, bid submitted shall be invalidated by the failure of the bidder to be licensed in accordill with California law. However, at the time the contract is awarded, the contractor s€ be properly licensed. Public Coneact Code 5 20104. The Undersigned bidder hereby represents as follows: I t I I I I D I I I I I I I @ 3.t S I anaffi On + avit. I 1. That no Council member, officer agent, or employee of the City of Carlsbad personally interested, directly or indirectly, in this Contract, or the compensation be paid hereunder; that no representation, oral or in writing, of the City Coun its officers, agents, or employees has inducted Wer to enter into this Contr; excepting only those contained in this form of Contract and the papers made a p hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporati making a bid for the same work, and is in all respects fair and without collusion fraud. Accompanying this proposal is a BQ~D (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 wh requires every employer to be insured against liability for workers' compensation or undertake self-insurance in accordance with the provisions of that code, and agrees comply with such provisions before commencing the performance of the work of t Contract and continue to comply until the contract is complete. I .... 2m t The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Articl~ rela~ve to the general prevailing rate of wages for each craft or type of worker needed execute the Contract and agrees to comply with its provisions. 11 il 1 1 I City and State mIm ; a q&Qol, I 1 I b I I 1 8 1 I I IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) (2) (3) Place of Business Name under which business is conducted TM2i Signature (given and surname) of proprieto ? (Street and Number) (4) Zip Code q%QQs Telephone No. (_b29\ 4 34- I4CI (1) Name under which business is conducted A- IF A PARTNERSHIP, SIGN HERE: (2) Signature (given and surname and character of partner) (Note: Signan must be made by a general partner) I (3) Place of Business UlC @ t IF A CORPORATION, SIGN HERE: (1) I I 1 I I I 1 b I I 1 i 1 ! I 613 Name under which business is conducted (2) t Signature Title I Impress Corporate Seal hc (3) (43 Race of Business incorporated under the laws of the State of (Street and N City and State c ephone No. (5) Zip Code NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST I ATTACHED List below names of president, vice president, secretary and assistant secretary, if corporation; ifa partnership, list names o , and managing partner 2/16 I. - 4 AWANYPqQpostve KNOW ALL PERSONS BY THESE PRESENTS: 0 WASHINGTON INTERNAT mat we, TARZIAN LBNDSCAPE CONSTRUCTION 8s prin~ipd, & 1NSIJ"CE COWANY as Surety are held and finnly bound unto the City of Carlsbad, California, in an 8moux follows: (must be at feast ten percent (10%) of the bid amount) for which payment, well and rruly made, we bind ourselves, OUT heirs, executors administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal ol REPAIRS TO MITIGATION LANDSCAPING AND scop~ PRO= RESfORATtOn TlEN PERCJZW OF THE AMOUNT OF THE ACCOMPANYING BID ($lo% OF BID)------- above-bounden Principal for: *s F0RTHEPAtOMARAlRPORTROADWESI'ASSESSMENTDISIX.I~ CONTRACT NO. 3401 - (BID DATE: 6-9-94) in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly e into and execute a Contract including required bonds and insurance policies within twc (20) days from the date of award of Contract by the City Council of the City of Carlsl being duly notified of said award, then &is obligation shafl become null and v otherwise, it shall be and remain in hil force and effect, and the amount spead he SM be forfeited to the said City. .... ..I. .-.. .... .... ..*. .... .... .... e ---- .... 2/16! dib I r 1, . b the event Principal executed rhis bond as an individual, ir is agreed that the death o Principal shall not exonerate the Surety from its obligations under this bond. aecured by PRiNCIPAt this ~TH day of PRINCIPAL: sum mted by SUREn this 8TE day of 0 JUNE ,1994. JUNE ,1994. TARZIAN LANDSCAPE CONSTRUCTION WASHINGTON INTERNATIONAL INSURANCE Cl (Name of Surety) 1930 TEOREAU DRIVE, SUITE 101 SCHBUMBURG, ILLINOIS 60173 (Adh of Surery) __c 'I 67ey be., ./fh-.(&& (print &e here) t, &&A.k-.- z4Gz,/L-? //&'fi cd (title and organization of signatory) By: L . (sign here) (print name here) (title and organization of signatory) (attach corporate resolution bwkq cummr power of attorney) ,. e' (Proper norarid acknowledge of execution by PNNCIPAL and SURETY must be arcached.) ' President or vice-president md secrcauy or assistant secretary must rign for corporadom. If only one officer signs, the corporation must attach a resolution cdcd by the ~cratpry or autbnt 16aw.ry uadu corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R BALL City Attorney \tl$ e ' 1 ? 1 - By: r' h2&-/ p /gzc.<&\ i KAREN J. HIRATA y + Deputy City Attorney ? * ,a 6 r F 1 a1694 .r - *_ __ r _----- ---.- --. .- _. _---- - - @ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SE CAPACITY CLAIMED Though statute does not req fill in the data below, doir invaluable to persons relying 0 CORPORATE OFF1 State of County of Sm DIEm CALIFORNIA before me, VALERIE Me PEARCE, NOTARY PUBLIC NAME. TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" qersonally appeared STEPHEN TARZIAN B personally known to me - OR - proved to me on the basis of satisfactory evidence subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NAME(S) OF SIGNER(S) TITLE(S) f7 PARTNER(S) I ATToRNEY-IN-FAC [7 TRUSTEE(S) 0 GUARD~~~/CO~SE to be the person(s) whose name(s) idare 0' SIGNER IS REPRES TARZIAN LANDSCAI NAME OF PERSON(S) OR ENT x-&&-/&% OPTIONAL SECTION ' -THIS CERTIFICATE MUST BE AlTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 01 992 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P 0 Box 7184 Canoc CAPACITY CLAIMED ~naarts~mt~ fill In the data below. doing mvakrab(etopenoosrerylnOa CORPORATE OFRC CALIFORNIA Countyof Sm DIEGO TS) personally appeared JEROLD D. HALL NMdQS) OF SICWER(S) PARTNER(S) 0: U 00 personally known to me - OR - 0: proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed tc the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature@) on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. ATTORNEY-IN-FAC1 m TRUSTWS) 0 GUARDIAWCONSE~ SIGNER IS REPRESI NAME OF PERsON(S) OR Efrm DATE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT. NUMBER Of PAGES e1992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Avo.. p.0.- 71 84 Can00 L General WASHINGTON INTERNATIONAL INSURANCE COMPANY POUER OF ATTORNEY KNW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation I existing under the laus of the State of Arizona, and having its principal office in the Village of Illinois, does hereby constitute and appoint 0 * CYNTHIA BARNETT, TERRI J. BURKE, ANDREA CALABRESE, JEROLD D. HALL, JAMES F. TEGHTMEYER AND J.T. Wi its true and Lauful attorney(s1-in-fact to execute, seal and deliver for and on its behalf as surety, bonds and undertakings, recognizances, contracts of indemnity and other uritings obligatory in the na uhich are or may be alloued, required, or permitted by tau, statute, rule, regulation, contract or 0' the execution of such instrment(s) in pursuance of these presents, shall be as binding upon the sa International Insurance Company as fully and amply, to all intents and purposes, as if the same h executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to 82,000,000.00 for any single obligation. This Pouer of Attorney is issued pursuant to authority granted by the resolutions of the Board of Dire March 22, 1978, July 3, 1980 and October 21, 1986 uhich read, in part, as follows: 1. The President may designate Attorneys-in-fact, and authorize them to execute on behalf of the attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of inderm. uritings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, uho are hereby I certify to copies of any pouer-of-attorney issued in pursuant to this section and/or any of the B' Company, and to remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke given hi m. #I 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secret: and Secretary, and the corporate seal of the Company, may be affixed to any Pouer of Attorney, certifi undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undert such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valil upon the company. \ ( IN TESTIMONY UHEREOF, the Uashington International Insurance Company has caused this instrtnnent to be z s authorized offic this 26th day of July, 1993. INTERNAT FAL INSURANCE COMPANY UAS+,& corporate seal to be P -\h *bl ;<$ @% ***..-- ...:?d,, *15imRmRp,~~: t 4 7 e # 'a: sp:: SEAL :-, STATE OF ILLINhtq '*. AREOJYAI*..,,Q~ $3: : g 5 Steven ' Anderson, Vice President II 0 ,J '1 F *St%..... COUNTY OF Coot@ a,<.% St. * k*+,:ao .e On this 26th day of bR,*?, before me came the individual who executed the preceding instr personalty known, and, being by me duly suorn, said that he is the therein described and authorized c Uashington International Insurance Company; that the seal affixed to said instrument is the Corporate Company; written. f IN TESTIMONY UHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and yea1 I CHR.JSTjNE ZAR ETSKy ky, - Notary Publr@ ------IC----- NOW publit, Stat4 of jllino;r ------C-.~&--.. "OFFiCf AL SEAL ff pires 0 tober 7,4996 i My Comm'iii6fl EXDil48 1&f&61ChTE kw9 STATE OF ILLINOIS ) COUNTY Of COOK ) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporati CERTIFY that the foregoing and attached POUER OF ATTORNEY remains in full force and has not been furthermore that Arricle 111, Section 5 of the By-Laus of the Corporation, and the Resolution of Directors, set forth in the Pouer of Attorney, are now in force. Signed and sealed in the County of Cook. Dated pe'8TH day-e - ".: 1994. .* . J' J,. .' , / Yt.. ': _. . ', , I. L-. Lewis M. Hoeller, Secretary ( 0 ( RCHRT 'F. DElilER CO, INC. Jerrg Hall Your represenlaliue (6 19) 238- I828 1620 FiFTH AVE., SAN DIEGO, CA 92101 DESIGNATION OF SUBCONTRACTORS I The Contractor certifies he/she has used the sub-bids of the following listed Contrac in making up hisher bid and that the sub-contractors listed will be used for the work which they bid, subject to the approval of the City Ehgineer, and in accordance 1 applicable provisions of the specifications and Section 4100 et seq. of the Public Contr Code - "Subletting and Subcontracting Fair Practices Act." No changes may be mad these subcontractors except upon the prior approval of the City Engineer of the Ciq Carlsbad. The following information is required for each sub-contractor. Additional pz can be attached if required: I 1 1 B I u ?cppt.&& QL4W-T- -T- IQC . i7ss LkeoGm+ b 1 epc ""Izobezj {..a&@ STS&KLG, i-6. Q.0. *lo @(q (Lq 327 u G* 1 *kzGM- I il I 1 1 Items of Complete Address Phone No. Work Full ComDanv Name with Zip Code with Area Cod I Qe@=% Cero-h? 3s:b S.QWfuST Ir-4C. swwz (hf9744 0% qrobcq I -=Vgb &,T 4-7 1. 8w kppcos vsTt?k - 4toS3 Ulf @ z I AMOUNT OF SUBC0N"ORS BIDS The bidder is to provide the following information on the subbids of all the lis subcontractors as part of the sealed bid submission. Additional pages can be attached required. Type of State Contracting Carlsbad Business Amount of Bid I Full ComDany Name License & No. License No.* f$ or %l 1 1 I 1 il 1 b t 1 I I 1 1 1 1 wb(20- Qw 39 7q 33 c-7 10% Q4cctLE1, ldr, A co 4-2 I4 I ooto QLcIrr37 +% QL 30352% 3- S9.D * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. U161 @ F BIDDER'S STATEMENT OF FINANCIAL RESPON!3BILJTY 1 Bidder submits herewith a statement of financial responsibility. i y- c <: // rl "i %. <--. - d L L-c &/ -? c, 1 I I 1 I I 1 b I 1 I B 1 1 I I @ - U161 f I 0 CARLSBAO OFFICE 3150 EL CAMINO REAL 1 P.O. BOX 428 { CARLSBAD, CALIFORNIA 92008-2108 I (619) 434- * March 28, 1994 RE: Tarzian Landscape Cans To whoin it nay concern: Stephen Tarzian has banked with San Diego Trust & Savings Bank since February 1988. His business account rdntains an average yearly balance of a medium 4 figure. also borrowed on several occasions over the past 6 years with all credits paid in a satisfactory manner. liability of Tarzian Landscape CQnStruction is a mdiun 5 figure. Please feel free to give ~lbe a call at 434-3316 should you any other questions or concerns. Steve has The current 0 <;s-” I Sexvices Admin. N a r 1 Tarzian Landscape Construction Income Statement For Period Ending 12-31-93 $ 389,829.29 100.0 48.74 0.0 0 InZY:s Interest Income Total Income 389,878 Cost of Sales Materials & Supplies 140,378.78 36.0 Equipment Rental 6,222.04 1.6 Direct Labor 75,736.99 19.4 Concrete Labor 2,148.00 0.6 Landscapers 8,377.77 2.1 Workman Compensation 12,822.46 3.3 Contract Services 8,956.82 2.3 Employer Payroll Tax Expense 10,675.47 2.7 5 Total Cost of Sales 265,318 Gross Income $ 124 , 559 - Operating Expense Accounting Services - 1,975.00 0.5 . Bank Charges 305.15 0.1 Contributions 237.00 0.1 Clerical Labor 10,692.98 2.7 Depreci at i on 2,319.60 0.6 0 Dues & Subscriptions 621.63 0.2 Dump Fees 753.37 0.2 Employee Relations 50.00 0.0 Entertainment 96.26 0.0 Insurance 10,640.75 2.7 Insurance/ Auto 5,474.78 1.4 Interest Expense 3,268.16 0.8 License & Fees 1,796.00 0.5 I Office Supplies 1,469.68 0.4 Legal & Professional Services 10,094.39 2.6 Payroll Accounting Services 798.70 0.2 Rent 9,346.03 2.4 Repairs & Maintenance 486.08 0.1. Taxes/ Unsecured 245.34 0.1 Tax Penalty 175.44 0.0 Telephone 5,017.37 1.3 Truck Radio 989.75 0.3 Truck Radio Time 214.00 0.1 Vehi c 1 es Operating 7,606.09 1.8 Vehicles Repair & Maintenance 7,576.05 1.9 Total Operating Expense 81,649 Net Income $ 42 , 910 ______I___-- _____-------. 0 Prepalred Without Benefit of Audit. r 1 . 7 Tarzian Landscape Construction Balance Sheet AS of 12-31-93 0 Assets Current Assets Cash In Bank $ ' -120.16 Cash in Bank - Savings 354.03 Accounts Receivable 127 , 152.26 Advances 4,862 -00 Petty Cash 2.45 132 , 251 Total Current Assets $ F Property and Equipment Furniture & Fixtures 3 I 500 .00 Qf f ice Equipment 25 I 397.02 Accumulated Depreciation -27,397.02 Equipment 45 , 668.84 Accumulated Depreciation -45,668.84 Vehicles 60,873.88 Vehicle-1990 Volvo 28 , 100.00 Accumulated Depreciation -43,716.02 Computer Software 9,000.00 Net Property and Equipment $ 55,7s -~ $ 188 , 00 __----_---- ----------- eotal Assets 0 out Benefit of Audlt. * .I: Tarzian Landscape Construction Balance Sheet AS of 12-31-93 0 Liabilities & Equity Liabilities Current Liabilities Federal Withho:ding Payable $ 720.02 State Withhoiding Payable 622.37 FUTA Payable -21.56 Total Current Liabilities 1,320.8 Long-Term Liabilities T' Note Payable - H,Broadman 3,800.00 Credit Line Payable 45,000,OO Mote Payable - B.Bazler 2,OOQ.OO - 50,000.0 Total Liabilitles $ 51,320. E Equity Total Long-Term 1,iabilities Equi t y 77,502.80 Paid in Capital 9,405.55 Withdrawals 6,869.16 42,910. 10 0 Net Prof it Total Equity $ 136,687. E Total Liabilities h Equity $ 188,008. L _--___ __- - __-----___--- - _------ _---- -- 0 Prepa -ed Without Benefit of :Audit. L- BIDDER’S STATIEMJNT OF TECHNICAL ABrzSry AND EZPERIENCE il The Bidder is required to state what work of a similar character to that included in t proposed Contract he/she has successfully performed and give references, with telepho numbers, which will enable the City to judge hisher responsibility, experience and sk An attachment can be used. /- e- 1 I I 1 I 1 I C I I 1 I 1 1 1 I mr @ ? I on H MO 3 3 P. 4ft m re +, -I .e ,. - - am -0 I 1 NON4DUUSiON AFFIDAW To BE EXECUTED BY' BIDDER AND SUBIWITED WITH BID State of California 1 county of 1 ) ss. 1 i 1 1 I 1 I I I 1 I I i 1 SjmHEX TH~w%d 3 being first duly sworn, deposes (Name of Bidder) and says that he or she is. Omd- (Title) of Tik22tPrd L-hQcpcoE- -r3 (Name of Fh) the party making the foregoing bid; that the bid is not made in the interest of, or on bel of, any undisclosed person, lxrtnership, company, association, organization, or corporatic that the bid is genuine and not collusive or sham; that the bidder has not directly indirectly induced or solicited any other bidder to put in a false or sham bid, and has r directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyo s5d refrain Eom bidding that the bidder kzis not in my manner, directly or indirect sought by agreement commiunication, or conference with anyone to fix the bid price, or that of any other bidder, or to fix any overhead, profit, or cost element of advanta against the public body awarding the contract of anyone interested in the propos contract; that all statements contained in the bid are true; and further, that the bidder E not, directly or indirectly submitted his or her bid price or any breakdown thereof, or ti contents thereof, or divulged information or data relative thereto, or paid, and will not pa any fee to any corporation, partnership, company association, organization, bid depositox or to any member or agent thereof to effectuate a collusive or sham bid. I declare under PenaIty of perjury that the foregoing is true and correct and that tf affidavit was executed on tlhe e day of b 1 Subscribed and sworn to before me on (NOTARY SEAL) bG%-Z?%?$e%- &.,A&--- Oi'iC ! L SEX 24615 @ f CONTRACr - PUBLIC WORKS * 19 &" by and between the CI , whose principal place of busin( ?% This agreement is made this & day of 6s of Carlsbad, California, a municipal corporat48n, (hereinafter called "City"), and TARZlAN LANDSCAPE CONSTRUCTION is 2736 MADISON STREET CARLSBAD CA 92008 (hereinafter called 'Contractor".) City and Contractor agree as follows: 1. Description of Wo& Contractor shall perform all work specified in the Contr: documents for: REPAIRS TO MITIGATION LANDSCAPING AND SCOPE PROFILE RESTORATION FOR THE PALOMIR AIRPORT ROAD WEST ASSESSMENT DISTRICT CONTRACT NO. 3401 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materia tools, equipment, and personnel to perform the work specified by the Contr: Documents. Contract Documen& The Contract Documents consist of this Contract, Notj Inviting Bids, Contractois Proposal, Biddeis Bond, Designation Subcontractors, Biddeis Statements of Financial Responsibility and Technic Ability, Non-collusion Affidavit, Escrow Agreement? Release Form, the Plans a Specifications, the Special Provisions, and all proper amendments and chane made thereto in accordance with this Contract or the Plans and Specificatioi and all bonds for the project; all of which are incorporated herein by tl reference. Contractor, herhis subcontractors, and materials suppliers shall provide a install the work as indicated, specified, and implied by the Contract Documen Any items of work not indicated or specified, but which are essential to t completion of the work, shall be provided at the Contractois expense to ful the intent of said documents. In all instances through the life of the Contra the City will be the interpreter of the intent of the Contract Documents, and t City's decision relative to said intent will be final and binding. Failure oft Contractor to apprise subcontractors and materials suppliers of this condition the Contract will not relieve responsibility of compliance. a 2. 3. 0 2/16 69 18 Payment. For all compensation for Contractois 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 (SSPWC) 1991 Eation, and the latest supplement, hereinafter 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 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. Public Contract Code section 20104.50 requires a summary of its contents to be set forth in the terrns of the contract. Below is such a :smary. However, contractor should refer 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. If payment is not made within 30 days after receipt of an. undisputed and properly submitted payment request, then -&e city 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 city determines that the payment request is not proper, then the request shall be returned to the contractor as soon as practicable but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the payment request was not proper. If the city fails to return the denied request within the seven (7) day time limit, then the number of days available to the city to make payment without incurring interest shall be reduced by the number of days by which the city exceeds the seven (7) day return requirement. "Progress payment" includes all payments due contractors except that portion of the final payment designated by the contract as "retention earnings". 4. , 2/16/94 @ IndeDendent Inves tization. Contractor has made an independent investigation the jobsite, the soil conditions at the jobsite, and all other conditions that mig affect the progress of the work, and is aware of those conditions. The Contr; price includes payment for all work that may be done by Contractor, whetl anticipated or not, in order to overcome underground conditions. A information that may have been furnished to Contractor by City abc underground conditions or other job conditions is for Connactois convenier only, and City does not warrant that the conditions are as thus indicatt Contractor is satislied with all job conditions, including underground conditic and has not relied on information furnished by City. a 5. 6. Contractor ResDonsible for Unforeseen Conditions. Contractor shall responsible for all loss or damage arising out of the nature of the work or frc the action of the elements or from any unforeseen difficulties which may arise be encountered in the prosecution of the work until its acceptance by the Ci Contractor shall also be responsible for expenses incurred in the suspension discontinuance of the work. However, Contractor shall not be responsible j reasonable delays in the completion of the work caused by acts of God, ston weather, extra work, or matters which the specifications expressly stipulate M be borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves diggi trenches or other excavations that extend deeper than four feet below the surf2 Contractor shall promptly, and before the following conditions are disturb6 notify City, in wriiting, of any: A. m 7. Material that Contractor believes may be material that is hazardous was as defined in Section 251 17 of the Health and Safety Code, that is requir to be removed to a Class I, Class 11, or Class 111 disposal site in accordar with provisions of existing law. Subsurface or latent physical conditions at the site differing from thc indicated. Unknown physical conditions at the site of any unusual nature, differ€ materially from those ordinarily encountered and generally recognized inherent in vvork of the character provided for in the contract. B. C. City shall promptly investigate the conditions, and if it finds that the conditic do materially so differ, or do involve hazardous waste, and cause a decrease increase in contractois costs of, or the time required for, performance of any p; of the work shall issue a change order under the procedures described in tl contract. 1) 2/16 @ 20 In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractofs cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. ChanEe 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 mount 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 for extra. work is the Engineer. The written change order must be executed by ithe City Manager or the City Council pursuant to Carlsbad Municipal Code Section 3.28.172. Imrnination Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 11 01 -1525) and has complied and will comply with these requirements, including, but not limited to, venfying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Prevailinn Wane. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure of 8. 9. 10. 11. 2/16/94 69 Contractor to comply with any applicable law, rules or regulations includi those relating to safety and health; except for loss or damage which was caus solely by the active negligence of the City; and from any and all claims, lo: damages, injury and liability, howsoever the same may be caused, resulti directly or indirectly from the nature of the work covered by the Contract, unlc the loss or damage was caused solely by the active negligence of the City. T expenses of defense include all costs and expenses including attorneys fees f litigation, arbitration, or other dispute resolution method. Insurance. Contractor shall procure and maintain for the duration of the contr2 insurance against claims for injuries to persons or damage to property which m arise from or in connection with the performance of the work hereunder by t Contractor, his agents, representatives, employees or subcontractors. Sa insurance shall meet the City's policy for insurance as stated in Resolution N 0 12. 91-403. (A) COVERAGES AND LIMITS - Contractor shall maintain the types coverages and minimum limits indicted herein: 1. ' - Comprehensive General Liability Insurance: $1,0~30,000 combined single limit per occurrence for bodily inju and property damage. If the policy has an aggregate limit, separate aggregate in the amounts specified shall be established f the risks for which the City or its agents, officers or employees a additional insured. e 2. Automobile Liability Insurance: Y $1,0~30,000 combined single limit per accident for bodily injury a property damage. In addition, the auto policy must cover g vehicle used in the performance of the contract, used onsite offsite, whether owned, non-owned or hired, and wheth scheduled or non-scheduled. The auto insurance certificate mL state the coverage is for "any auto'' and cannot be limited in a manner. Workers' Compensation and Em~lovers' Liabilitv Insurance: Workers' compensation limits as required by the Labor Code oft: State of California and Employers' Liability limits of $1,000,000 p incident. Workers' compensation offered by the Sta Compensation Insurance Fund is acceptable to the City. 3. e 2/161 @ 22 ADDITIONAL, PROVISIONS - Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile Liability Coverages: 1. (B) The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; prod.ucts and completed operations of the contractor; premises owneld, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. The Contractox's insurance coverage shall be primary insiurance as respects the City, its officials, employees and volunteers. Any insurance or seE-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the co:ntractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Ciry, its officials, employees or volunteers. Coverage shall state that the contractor's insurance sh,d apply separately to each insured against whom claim is made lor suit is brought, except with respect to the limits of the insurer's liability. "CLAIMS MADE" POLICIES - If the insurance is providled on a "clakns made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. (D) NOTICE OF CANCELLATION - Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. 2. 3. 4. (C) (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductibles or Self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigatio:n, claim administration and defense expenses. 2/16/94 @ (F) WAIVER OF SUBROGATION - All policies of insurance required under t agreement shall contain a waiver of all rights of subrogation the insu may have or may acquire against the City or any of its officials employees. (G) SUBCONTR4CTORS - Contractor shall include all subcontractors as insu under its policies or shall fumish separate certificates and endorsements each subcontractor. Coverages for subcontractors shall be subject to al: the requirements stated herein. (H) ACCEPTABIILITY OF INSURERS - Insurance is to be placed with insur that have a rating in Best's Key Rating Guide of at least A-:V, and i authorized to transact the business of insurance by the 1nsura.x Commissionler under the standards specified in by the City Council Resolution No. 91-403 . VERIFICATION OF COVERAGE - Contractor shall fumish the City w certificates lof insurance and original endorsements affecting cover: required by this clause. The certificates and endorsements for e; insurance policy are to be signed by a person authorized by that insurer bind coverage on its behalf. The Certificates and endorsements are to be forms approved by the City and are to be received and approved by the C before work commences. COST OF INSURANCE - The Cost of all insurance required under t agreement shall be included in the Contractor's bid. 0 (I) (J) a 13. Claims and Lawsuits. Contractor shall comply with the Government Tort Clai Act (Section 900 et seq of the California Government Code) for any claim cause of action for money or damages prior to filing any lawsuit for breach this agreement. Maintenance of Records. Contractor shall maintain and make available at no c( to the City, upon request, records in accordance with Sections 1776 and 1812 part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does r maintain the records at Contractor's principal place of business as specifi above, Contractor shall so inform the City by certified letter accompanying t return of this Contract. Contractor shall nom the City by certified mail of a change of address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wi Section 1720 of the Labor Code are incorporated herein by reference. Security. Securities in the form of cash, cashier's check, or certified check m be substituted for any monies withheid by the City to secure performance of tl contract for any obligation established by this contract. Any other security tk 14. 15. 16. e 2/16 @ 24 is mutually agreed to by the Contractor and the City may be substituted for moneies witheld to ensure performance under this Contract. Provisions Required bv 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 parrty, the Contract shall forthwith be physically amended to make such insertion or correction. 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. 17. 18. v 1 rb NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED ?&?uJ oi Contractor (CORPORATE SEAL) * P a APPROVED TO AS TO FORM: A t Print Name of Signatory RONALD R. BALL City Attorney By: Signature of Signatory /a/WT.P Title (+f/ GA/-- Q , , . f J Z~dZ / KAREN J. HIRATA Deputy City Attorney ATTEST: / 2/16/94 @ CERTIFICATE OF ACKNO WLIE,DGMENT personally appeared personally known to me (or proved to me on the basis of -. P ., ? 8 a BOND NO. S-300-7842 2 &QORANJ3 MAW BOND I .:: WHEREAS, the City Councd of the Ciry of Carlsbad, State of California, b Resoludon Nc 94-192 acio red JULY 12, 1994 , has awarded to TAAZIAN 'ANDStAPP CONrnICTITJN (hereinafter designated as the "Principal"), Contract for: I REPAIRS TO MITIGATI.ON LANDSCAPING AND SCOPE PROFILE RESTORARON FOR THE PALOMNl AIRPORT ROAD WEST ASSESSMENT DI!3XCT coma NO. 3401 in the Ciry of Carlsbad, in strict conformiry with ihe drawings and specifications, and othe Contract Documenrs now on Ne in the Office of the Ciry Clerk of the City of Carisbad ant all of which are incorporated herein by this reference- WEREAS, Principal has executed or is about to execuce said Contract and the rem hereof require the funisling of a bond, providing that if Principal or.any of thei subconuacrors shall fail to pay for any marerials, provisions, provender or other supplie or teams used in, upon or about the performance of the work agreed to be done, or for an! work or labor done rhereonr of any kind, the Surety on this bond will pay the same to thc extent hereinafter set forth. I NOW, THEREFORE, WE, -TARZIAN LANDSCAPE CONSTRUCTION , 8: Principal, (hereinafter designared as the "Conuacroi'), and WASHINGTON INT~ATION~~ INGURANCE COMPBNP as Surety, are held fhdy bound unto the City of Carisbad in the sum o Dollars ($57,369.00 ), said sum being fifty percent (50%) of the estimarec amount payable by the City of Carlsbad under tho terms of the Contract, for whid payment well and truly i:o be made we bind ourselves, OUT heirs, exeaton anc administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person ar- his/hei subcontractors fail to pay for any materials, provisions, provender, supplies, or teams usec in, upon, for, or about the performance of the work contracted to be done, or for any otha work or labor thereon of any kind, or for mounrs due under the Unemployment Insurance Code with respect to such work or Iabor, or for any amounts required to be deducted, withheid, and paid over 10 the Employment Developrnenr Depanmenr from the wages 01 employees of the conrraci'or and SUbCOntraCKOS pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surev wil] pay for rhe same, not to exceed the sum specified in the bond, and, also, in case suit is broughr upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the cow, as required by the provisions of Section 3248 01 the California Civil Code. ZIF-EN THOUSAND, THREE HUNDRED SlXTY NINE AND OO/lOO 241 6/94 @ -. a a 26 This bond shall inure to rhc benefit of any and all persons, companies and corporadons enrftled to file claims under 'Title 15 of Pan 4 of Division 3 of the Civil Code (commencing with Section 3082). Surety sriputntes and agrees thar no change, extension of time, alteration or addition to the tezms of the Contract, or tci the work to be performed thereunder or the specifications accompanying rhe same shall affecr its obligations on rhis bond, and it does hereby waive nodce of any change, exrension of time, alterations gr addirion to the terms of the contraa or to the work or to the specifications. ... ... ... .. . \. , r,: ... I ... { ... 1 ... 8 Ll I- ... I;> ... ... , " ... . .. ..I ... ... ... ... aim4 @ 'E ACKNOWLEDGMENT Stare of CALIFORNIA Sefore me, VALERIE M. PEARCE, NOTARY PUBLIC a* iT WAU€ -OF OFWE3 ~ LG AN€ OOE .UOTARY P\IBUC personally appeared - STEP= TARZIAN *-€is1 of ~lsl E personaily known to me - OR - a proved to me on the basis of satrsiacrory evi to be the person(s) wnose narne(s) suosmbed to the wirhin insmrnent ai knowledged to me that he/she/they ex1 the same in nis/her/their autbc capacityjies), and that by his/he sqnature(s) on the instrument the per: or the entity upon behalf of wnic person(s) acted, executed the instn - OP77ONAL Thauqn tfie dara below is not mured Sy law, it may omve vatuanle to DerSans relying on tne docurnem and C=L frauaulenr rearfacnrnenr or mrs rcrm. CAPACITY CLAlMED 3Y SIGNER DESCRiPTlON OF AITACHEfl OOCL 1- C3RPORAE OFSCEq TfTE OR TYPE: Of OOCJMENT msi NUMBES OF ?AGES OATZ OF OOCUMENT S1GN&3 IS REPRE!5EFmNG: u**l€oF p3wNIs)a mnEn TARZIAN LANDSCAPE CONSTRUCTION SIGN€q(S) OTHE3 TdAN NAMW AE State of aKmxNIA 7-20-94 - beiore me, VALERIE M. PUCE, NOTBRY PUBLIC J*FE NAN€. - OF OF- - BG. '-E NE. .'JOTMY ?UWf personally appeared - JEROLD D. HAU. Nu*E1S) OF -tSl @personally known to me - OR - a proved to me on the basts of satsfactory evi to be the personfs) whose name(s) subscnbed to the within instrument ai knowledged to me that hdshefthey ex the same in his/her/their authl capacity(ies), and that by his/he signaturefs) on the instrument the per or the entity upon behalf of whic person(s) zcted, executed the instrr - OPTIONAL Though &e data below 1s not mrrrect by law. it may pmve vaiuaole to persons relying on me documem and at frauautent reanacfrrnent of mts farm. OESCRIPIJON OF ATTACHED DOC1 CAPACITY CLAIMED BY SIGNER TiTLE OR TYPE OF OOC'JMENT a ATTCRNEYIN-FACT NUMBE3 OF PAGES r? ~AROIAWONS~VATOFI OAEOf OOCUMEM SlGNEFl IS REPR€S€"C2 w*cE~~s)oRENmymn SlGV€,=((S) OmE3 THAN NAME3 AI e. a a I 27 In the evenr rhar Conuacror is an individual, ir'is agreed chat the death of any such Contractor shall not exonerate the Surety from its pbligadons under this band. Executed by CONTRAmOR, &is 20m day of JULY , 19' 5. JULY ,1994. CONTRACTOK: SURETY: Exqquted by SURETY this 2Om day of 1 WASHINGTON INTERNATIONAL INSURANCE (Nwe of Surery) i 1930 THOREAU DRIVE, SUITE 101 SCHAUMBURG, ILLINOIS 60173 (AdprCss of Surety) '. STEPHEN TARZIAN (print name here) OWNER/TARZIAN LANDSCAPE CONSTRUCTION By: (title and organization of signatory) By: . HAU, ATTORNEY-IN-FACT (sign here) Priqted name of Attorney-h-Fact (attach , corporate resolution . showkg cunm~ power of attorney) (print name here) (title and organization of signarory) (Proper notarial dcnowledge of exccudon by CONTRACTOR and SURE'IY rnwr be artacked.) . *r (President or vice-president and secretary or assistant secretctry must sign for corporarioru. If ody one oficrr signs, the corporadon must attach a nrolution certified by the secretary or asrlrtant sacretuy under corporate seal empowering that crfficet to bind the corppradon.) APPROVED AS TO FORM: I. RONALD R. BALL bas , 4. .- (1 / 'y 1 L, .. v &<A. I/ Depury City Attonaey I' . u16/94 a9 L Genera 1 UASHINGTON INTERNATIONAL INSURANCE COMPANY POUER OF ATTORNEY KNOW ALL MEN BY THESE ?RESENTS: That the Uashington International Insurance Comoany,a corporation , existing under the laws of the :;tare of Arizona, and having its principal office in the Village oi Illinois, does hereby constitute and appoint a * * CYNTHIA BARNETT, TERRI J. BlJRKE, ANOREA CALABRESE, JEROLD 0. HALL, JAMES F. TEGHTMEYER AN0 J.T. Ui its true and lauful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, bonds and undertakings, recognizances, contracts of indetmity and other writings obligatory in the na uhich are or may be allowed. rwuired, or permitted by lau, statute, rule, regulation, contract or o the execution of such instrunent(s) in pursuance of these presents, shall be as binding upon the sa International Insurance Company as fully and amply, to all intents and purposes, as if the same h executed and acknowledged by its President at its principal office. This Pouer of Attorney shall be Limited in amount to $2,000,000.00 for any single obligation. This Pouer of Attorney is issued pursuant to authority granted by the resolutions of the Board of Dire March 22, 1978, July 3, 1980 and Cictober 21, 1986 uhich read, in part, as follows: 1. The President may designate Attorneys-in-fact, and authorize them to execute on behalf of the attach the Seal of the Company tnereto, bands, and undertakings, recognizances, contracts of indm writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, uho are hereby certify to copies of any power-cf-attorney issued in pursuant to this section and/or any of the B) Company, and to rmve, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secreta and Secretary, and the corporate seal of the Company, may be affixed to any Pouer of Attorney, certifi undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undert such facsimile signature or facsimile seal affixed in the ordinary course of business shalt be vatic upon the company. IN TESTIMONY UHEREOF :he Uashingcon Internationat Insurance Cqany has caused this instrument to be s corporate seal to be -4; author i ze 25th day of July, 1993. I dB p@\ \ ***.--% %( #:jk fl B 0 b TNSURANCE COMPANY ** $3 14 ;* ZWRWMT& 9 4 ==/ : c) ,$ SEAL 2-d $!- ; STATE OF ILLINO~~ t AR~ZO~ .$:,2! s% a Steven qi Anderson, Vice President d 'i 9:; y5+pe.. . .... *- COUNTY OF COO b \I,*#* 4\<4 .=$ A$4, On this 26th day of hhhxw?, before me came the individual uho executed the preceding instrl personalty known, and, being by me duly sworn, said that he is the therein described and authorized o Uashington Internationat Insurance! Company; that the seal affixed to said instrument is the Corporate Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year ur i tten. u+ ------_C-C-C-C-._ ''OFF/CJAL SEAL11 Notrry Public, Stjtr of j\linoir CHRJSTINE ZARET'SKY { icy, Notary Publi/c;. \ My Cmission Expires October 7,4996 i My Comm'Uiofi EXpirar 1(m61c,-TE ,d ----IL1L-3C;L-sL-* STATE OF ILLINOIS ) COUNTY OF COOK 1 1, the undersigned, Secretary of UASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporatic CERTIFY that the foregoing and attached POUER OF ATTORNEY remains in full force and has not been furthermore that Articte 111, Section 5 of the By-Laus of the Corporation, and the Resolution of Directors, set forth in the Pouer of Attorney, are now in force. Signed and seated in the 'County of Cook. Dated t29t?'20m day-? mII/ A ; 19%. CY I .? / ./' ,,*. , .. ,-. /I. , _. Lewis M. ?toe(Ler, Secrerary a ROBERT 'E DWER CO, INC. Jerry Hall Your representative (6 19) 238- I828 1620 FIFTH NE., SAN DIEGO, CA 92101 0 \ @ a Id,. WHEREAS, the City Council of rhe City of Carlsbad, State of California, by Resolution No 94-192, adopted JULY 12, 199Y , has awarded to T~N LAN DSCAPl CONSTRUCTION - (hereinafter desigrtated as the "Principal"), a Contract for FLEPAfRS TO MmGATSON LANDSCAPING AND SCOPE PROW RFSK)RATION FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICX' CONTRACX NO. M1 in the City of Carlsbad, in smct conformity with the contract, the drawings anc specifications, and other Contract Documents now on file in the Office of the Ciry Clerk o rhe Ciry of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the term thereof require the furnishing of a bond for the faithful performance and warranty of saic Contract ; NOW, THEWFORE, WE, -TARZfAN LANDSCAPE CONSTRUCTION ,. 85 Pkcipa , as Surety, are held and firmly bound unto the City of Carlsbad, in th sumof ONE HUNDRED FOURWN Tm ~FV-F~ THIRTY FirJ ), said sum being equal to one hundred pacer (100%) of the estimated anleunt of the Contract, to be paid to City or its certain attome] ia successo~s and assigns.; for which payment, wd and truly to be made, we bin ourselves, OUT heirs, executors and administrators, successors or assigns, jointly an severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractoi their heirs, exccutcrs, administrators, successors or assigns, shall in all things stand to an abide by, and well and tndy keep and perform the covenants, conditions, and agreement in the Conrract and any aI1:erauon thereof made as therein provided on their part, to b kept and performed ar the time and in the manner therein specified, and in all respeci according to their true interit and meaning, and shall indemnify and save harmless the Cit of Carisbad, its officers, employees and agents, as therein stipulated, then this obligatio shall become null and void; otherwise it shall reme in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specific therefor, there shall be Lnduded COSTS and reasonable expenses and fees, hcludk reasonable attornefs fees, incurred by he City in successfully enforcing such obligatio] all to be taxed as costs and included in any judgment rendered. Surety stipulates and agregs that no change, extension of time, alteration or addition to tl terms of the Contract, or 1-0 the work to be performed rhereunder or the specificatior accompanying the same shall affecr its obligations on this bond, and it does hereby wail notice of any change, exrension of time, alteranom or addition to the fern of the contra( or to rhe work or to the specifications. (hereinafter designated as the "Contractor") , and WASHINGTON INTENWTV C COmm 00 / 1 00 Dollars( $1 - 1 4,7 3 8.0 0 211615 @ 4 LE DGMENT Stare of CALIFORNU before me, VALERIE M. PEBRCE, NOTARY PUBLIC STEPHEN TARZIAN M% TLE OF OF- . tG #E DOE LWTAFIY PJWC personally aopeared - g personally known to rrie - OR - r? proved to me on tfie basis of satIsiacrory evi to be the person(s) whose narne(s) subscribed to rhe within insmment ar knowledged to me that ne/she/they 2x1 the same in his/her/thetr authc capac!ty(ies), and that by his/he stgnaturefs) on the instrument the per1 or the entity upon behalf of wnic person(s) acted, executed the instrr NurE(S) OF -Is1 Thauqn tfie aafa beiaw is not feutiired by law, it may omve valuaole to persons rdying on U?e document and czt lfrauaulenr reanacnment at mts rorrn. CAPACIM CUIMEO BY SlGNEfl OESCRIPTQN OF ATTACHED OOCl TfE OR ?YPE OF DOCUMENT L ?AiTN€i(S) G I-IMI- F ATTORNE'I-IN-f ACT a (3ENE.AL NUMBE3 CF ?AGE3 OAE OF 00CilMEM SICNE4 IS R&=RESEEmFIG: ~a~pciwws)gRwm-ws TARZIAN LANDSCAPE CONSTRUCTION SIGU&Fi(S) omE3 TdAN NAMW A State oi CALIFORNIA 7-20-94 - before me, VALJCRIE M. PEARCE, NOTBRY PUBLIC a* rE NAM€. ;rrtE OFOFW - LG. 'SW€ WE AUOTARY PUWC personally appeared -- JEROLD D. BBLL N&SS W BCSi @personafly known to me - OR - E proved to me on Ute basis of satrsfactory evi to be the person(s) whose name(s) subscnbed to the within insnurnent ar knowtedged to me tfiat he/she/they ~XE the same in his/her/tbeir authc capacrty(ies), and that by hidher signature(s) on the instrument the per: or the entity upon behalf of whic person(s) acted, executed the instrt. - S my hand and OR - OPTIONAL Thauqn the dam belaw IS nat mired by law. it may pme valuanle to persons relying on me dacumwn and C=L !frauaulenr reartachrnenr of thcs ium. CAPACITY CLAIMED BY SIGNER OESCRIFTION OF ATTACHED om E CORPORAE OmCEi TITLE OR TYPE OF OOC'JMENT ml.Em NUMBES OF PAGES OAE OF OQCUMENT SlGNER IS AEPFIE5E"G: uu*Eop~sboR~~ SIGUEi(s) OTH63 THAN NAMa A - 0 e a I 29 In the evenc chat Contractor is an individual, it is agreed that the death of my such Contractor shall not exonerate rhe Surety from its obligations under this bond. Executed by CONTRACTOR. this 20TE Executed by SURETY this 20"H day of I, day of J[JLY ,1994. JULY # 1994. CONTRACTOR: SUpEn: TARZIAN LANDSCAPE CONSTR.UCT1 WASHINGTON INTERNATIONAL INSURANCE (Name of Surety) 1930 "HOREAU DRIVE, SUITE 101 SCHAUMBURG, ILLINOIS 60173 F W (Address of Surety) STEPHEN TARZIAN (print name here) OWNER/TARZIAN LANDSCAPE CONSTRUCTION By: (title and orgrinizarion of signatory) By: (sign here) prbpd nape of Attomeyk-Fact (attach corporate resolution showh curgent .power of arrorney) (print name here) I\ (title and organization of signatory) I. (Proper norarid acknowledge of execution by CO"MCXOR:'&d SURETY must be arcached.) president or vice-president and secretary or assisrant secretary must sign for corporations. If only on officer signs, the corporation must attach a resolution cert5ed by the secretary or afsistsnt recrefary undt corporate real empowering that officer to bind the corporadojr,) R APPROVED As TO FORM: RONALD R. BALL \! ) /L I J +---I 1 -J - P; Deputy City Anoiney 2/16,' 6p General UASHINGTON INTERNATIONAL INSURANCE CMPANY POUER OF ATTORNEY KNOU ALL MEN BY THESE PRESENTS: That the Uashingron International Insurance Comcany,a corporation existing under the laus of the Stare of Arizona, and having its principal office in the Village o Illinois, does hereby consritute and appoint a * C7NTHIA BARNETT, TERRI J. EIJRKE, ANDREA CALABRESE, JEROLO D. HALL, JAMES F. TEGHTHEYER AND J.T. U its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety bonds and undertakings, recognizances, contracts of indmity and other writings obligatory in the n2 which are or may be allowed, required, or permitted by Law, statute, rule, regulation, contract or o the execution of such instrunenr(s.1 in pursuance of these presents, shall be as binding upon the sa International Insurance Company as fully and amply, to all intents and purposes, as if the same I executed and acknowledged by its President at its principal office. This Power of Attorney shall be 1,imited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Oirc March 22, 1978, July 3, 1980 and October 21, 1986 uhich read, in part, as foltous: 1. The President may designate Attorneys-in-fact, and authorize them to execute on behalf of the attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indm writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, uho are hereby certify to copies of any pouer-of-attorney issued in pursuant to this section and/or any of the B Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secret: and Secretary, and the corporate seal of the Company, may be affixed to any Pouer of Attorney, certffi undertaking relating thereto, by facsimile. Any such Pouer of Attorney, certificate bond or under? such facsimile signature or facsimile seal affixed in the ordinary course of business shall be vali upon the company. IN TESTIMONY UHEREOF the Uashingcon International Insurance Company has caused this inst~ument to be : corporate seal to be-ts authorized offic _. this 26th day of July, 1993. &= *~I\O&?[ f,F ,%a 3 'tJAS4& ZNSLJRANCE COMPANY me 0) I, Ae% a t .***8'088-* *-*e 5 14 ;*;mRWmTEI'7 =/ 4 .? '0: & ; SEAL :-, : CJ 4 STATE OF ILLINa&,*'* ARfZOM .f,gi Steyen 6\: Anderson, Vice Presiaent 'e a ,J li F WSf6 .*..Le. eo. p, COUNTY OF COO$@ a,,, J"* 3 VL A,&*# On this 26th day of hb,*?, before me came the individual uho executed the preceding instr personalty known, and, being by me duly suorn, said :hat he is :he therein described and authorized c Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Company; IN TESTIMONY UHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and yea written. u+ ----.c--- --e-- I "OFFf CIAL SEA,Lrr CHR.IStiNE ZARETSKY j ky, Notary Publi/c: Notary Public, Stjt, of l\/inair \ pires 0 tober 7,4996 My Cemm'uian ~~o, ~,w6~~h~~ ,J -c&*."~.c.c* ---*- i STATE OF ILLINOIS 1 COUNTY OF COOK 1 I, the undersigned, Secretary of UASHINGTOH INTERHATIONAL INSURANCE COMPANY, an ARIZONA Corporati CERTIFY that the foregoing and attached PCUER OF ATTORNEY remains in full force and has not been furthermore that Article 111, Section 5 of the By-Laus of the Corporation, and the Resolution of Directors, set forth in the Pouer of Attorney, are nou in force. Signed and sealed in :he County of Cook. Dated ,ue'20m day,:+ JITldp "-7 T994. cM , , ." / .///'- ' ,'.. __ 7 , :<. Levis M. MoeLLer, Secretary 0 RO8ERT T. DRIVER CO, INC. Jerry Hall Your representative (6 19) 238- 1828 1620 FIFTH AVE,, SAN DIEGO, CA 92101 Umbrella Liability POLICY NUMBER $ ,000 retained lii $ each occur $ aggregate * * c 56-0514 In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations 1-92 w/2a c/1200 PRINTED IN USA I ET- 7rw C ADOZ~IlONAL INSURED ENDORSEMENT or organization to whom the aitoched Certificate is issued is on addrional insured. This applies only with rq arising out of the acts or om-uions of the named inswed. It applies only to the coverages indicated c n of coverage does not apply: or employees. unless the agent or em1 unship in any equipment of which the additional insured is the owner, have care, dy, or control of the v in the Certificate. ff any court shall in1 hits of liability shall be the limits of damage liobilii specified by any motor vehicle financid responsibility low of he state, prt named insured resider. If here is no such law, our limit of liability shall be $5,000 on accc by one pMon in any one Occutrence and subject to his provision respecting each person, $ niury sustained by two or more persons in ony one occurrence. Our total liabilify for all damac e sustained by OW or more persons oc organizations as the res& of any one Occurrent orsement docs not increase the coverage limits. onytthlng in the @cy contrary bmfo krc is a turOlrtONAL 1W8URED LWD.) Fa iM( twim i P.O. BOX 420807, SAN FRANCISCO, CA 941 42-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURAN-CE [-itti' 26, 2994 POLICY_NUMBER: 076@?05 - ' CERTIFICATE EXPIRES: 7-2-$5 1l-Y 1:iF CARL!3&4D TTN : PfJACHASHfiSC? ErEPTI'RUTH FLETCHER Ct75 LAS FALMAS DRIVE ARLSSAD $:A 9:213!:49-.iE:359 433 : 66ii4"TAi:T 3403. Ri MET I G A T 1 ON LAN B! t we have issued a valid Workers' Compensation insurance policy in a form approved by the Califor1 licy period indicated. ject to cancellation by the Fund except upon ten days' advance written notice to the employer. TEN days' advance notice should this policy be cancelled prior to its normal expiration. not amend, extend or alter the coverage afforded by or condition of any contract or other document H or may pertain, the insurance afforded by the polic ons of such policies. &LEY --." LTABHLXTY LIMIT : $3 2 t:iQo 2 UiftJ PER rltGrl-l..!WREN(=E . -- EMPLOY E R NDSi:AF"E COMSTRUCTION 113 Bl:# 1:>48 ARLSBAEl CA 925Q.8 G~I- IF -OW'' ?REV. 10-86) City of Carlsbad Purchasing Department Representation and Certification re to be completed, signed and returned with propo NTATIONS: Mark all applicable blanks. represents as part of this offer that: I am currently certified by: Certification #: CERTl Fl CAT10 N 0 F BUS IN ESS REPRESENTATlON(S): Mark all applicable blanks. This offeror reprc part of this offer that: This firm is , is not a business. This firm is , is not a owned business. WOMAN-OWNED BUSINESS: A WOI business is a business of which at least 51 owned, controlled and operated by a woman Controlled is defined as exercising the pow policy decisions. Operation is defined ( invoked in the day-to-day management. I Business Administration defines the socially -Pacific Americans (i.e., U.S. Citizens whose rom Japan, China, the Philippines, Vietnam, a, Guam, the U.S. Trust Territories of the rn Marianas, Laos, Cambodia and Taiwan). as of the date submitted. SIGNATURE 2/1t OPTIONAL, ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION a This Escrow Agreement is made and entered into by and between the City of Carlsb( whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinaft called "City" and who address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agr as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of Califom the contractor has the option to deposit securities With the Escrow Agent as substitute for retention earnings required to be withheld by the City pursuant the Construction Contract entered into between the City and Contractor for dated (hereinafter referred to as the "Contract"). Alternatively, ( written request of the contractor, the owner shall make payments of the retentic earnings directly to the escrow agent. When the Contractor deposits t: securities as a substitute for Contract earnings, the Escrow Agent shall now t: City within 10 days of the deposit. The market value of the securities at the tir of the substitution shall be a least equal to the cash amount then required to withheld as retention under the tern of the contract between the City a Contractor. Securities shall be held in the name of the , and sh designate the Contractor as the beneficial owner. The City shall make progress payments to the Contractor for such funds whi otherwise would be withheld from progress payments pursuant to the Contrz provisions, provided that the Escrow Agent holds securities in the form a~ amount specified above. When the City makes payment of retentions earned directly to the escrow age1 the escrow agent shall hold them for the benefit of the contractor until such tir as the escrow created under this contract is terminated. The contractor m direct the investment of the payments into securities. All terms and conditio of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly. in the amount of e 2. 3. *- 2/16, 63 32 The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held in escrow and ail 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. 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. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the 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 moneys and securities on deposit and payments of fees and charges. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 4. 5. 6. 7. 8. 9. .... .... .... .... .... .... .... 211 6/94 @ 10. The names of the persons who are authorized to give written notices or receive written notice on behalf of the City and on behalf of Contractor connection with the foregoing, and exemplars of their respective signatures i as follows: For City: Title 0 Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address * a 2/16 69 34 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title Name Signature Address For Contractor: Title Name Signature Address For Escrow Agent: Title Name Signature Address 2/16/94 @ rl) @ * RELEASE FORM THIS FORM SHALL BE SUBMIITED AND APPROVED PRIOR TO APPROVAL MONTHLY PROGRESS PAYMENTS NAME OF CONTRACTOR: PROECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges upon payment in the full am01 specified all compensation of whatever nature due the Contractor for all labor a materials furnished and for all work performed on the above-referenced project for 1 period specified above with the exception of contract retention amounts and disputed wc or claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ DISPUTED WOWCLAIMS DESCRIPTION OF DISPUTED WOWCLAIM The Contractor further expressly waives and releases any claim the Contractor may ha. of whatever type or nature, for the period specified which is not shown as disput work/claim on this form. This release and waiver has been made voluntarily by Contrac without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, a work due Subcontractors for the specified period will be paid according to Public Contri Code Section 20104.50 and Business and Professions Code Section 7108.5 and that i parties signing below on behalf of Contractor have express authority to execute t release. DATED: AMOUNT CLAIMED JOR ESTIMATE1 PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) By: Title: By: Title: 2/1c 69 3b SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSRUCTION 1-1 TERMS To Section 1-1, add: A. Reference to Drawings: Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specifled 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. 2/16/94 @ a e 0 1-2 DEFINITIONS Modify Section 1-2 as follows: Agency - the City of Carlsbad, California Engineer - the City Engineer for the City of Carlsbad or his approved representative Own Organization - When used in Section 2-3.1 - Employees of the Contractor who hire directed, supervised and paid by the Contractor to accomplish the completion of WOK Further, such employees have their employment taxes, State Disability insurance paymen1 State and Federal income taxes paid and administered, as applicable, by the Contractc When used in Section 2-3.1 - Construction equipment that the Contractor owns or leas and uses to accomplish the Work. Equipment that is owner operated is not part of tl Contractofs Own Organization and will not be included for the purpose of compliance wi section 2-3.1 of these contract documents. SECTION 2 - SCOPE AND CONTROL OF THE WORK: follows: 2-3.1 GENERAL, eighth paragraph Except as specified in this section the Contractor shall perform, with its own organizatio Contract work amounting to at least 50 percent of the Contract price. Within the meani of this section Contract work shall include all of the elements used to complete tl construction of discrete portions of the Work. A discrete portion of the work is a sing bid item and all of the costs associated with the labor, equipment and materials used construct or install the bid item. The individual components of labor, equipment materials that are used to construct or install a bid item are not severable. For determini the percentage of work performed the value of a bid item shall be the contract unit pri extended by the quantity of units completed. The performance of the actual labor involvc in the installation of or construction of an item is the principal indicator of what force tl work is performed by. As an example, the individual costs of a material can not ' separated by the cost of the labor necessary to construct or install the material whc computing the percentage of Contract work performed by the Contractor's own forces. Add the following: Mom Section 2 of SSPWC 2-3.3 SUBCONTRACTOR ITEMS OF WORK Where a bid item or any portion of a bid item of the Work is subcontracted the amount the subcontract shall include all labor, materials and equipment required to complete t: subcontracted bid item or portion of the item designated. Where only a portion of a b item is subcontracted the Bidder shall stipulate in the bid documents what portion oft: work required to complete the bid item is to be performed by subcontract and what portic the Bidder proposes to perform. The value of material incorporated in any subcontract1 bid item that is supplied by the Contractor shall not be included as any part of the pod( of the Work that the Contractor is required to perform with its own forces. 2/l61 @ 38 24 CONTRACTBONDS Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraphs three and four to read: The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent of the contract price. Both bonds shall extend in full force and effect and be retained by the city during the course of this project until they are released according to the provisions of this section. The faithfui performance/warranty bond will be reduced to 25 percent of the original amount 35 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the city engineer. The payment bond shall be released six months plus 35 days after recordation of the Notice of Completion if all claims have been paid. Add the following: 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: 1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws, 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 insurance commissioner. 2) If the bid is accepted, the City may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officefs certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: 2/16/94 @ 0 0 m The specifications for the work include the Standard SDecScations for Public Wor Construction, (SSPWC), 1991 Edition, and the 1992 supplement, hereinafter designatc "SSPWC", as issued by the Southern California Chapter of the American Public Wor Association, and as amended by the Special Provisions section of this contract. The Construction Plans consist of fifteen (15) sheet(s) designated as City of Carlsbi Drawing No. 283-7L. The standard drawings utilized for this project are the latest editic of the San Dieno Area Regional Standard Drahns, hereinafter designated SDRS, as issuc by the San Diego County Department of Public Works, together with the City of Cxlsbi Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed wi these documents. 2-5.3 Shop Drawings: To Section 2-5.3, Shop Drawings, add: Where installation of work is required in accordance with the product manufacture direction, the Contractor shall obtain and distribute the necessary copies of SUI instruction, including two (2) copies to the City and, when the bid item that they perta to are part of bid schedule 2, six (6) copies to CMWD. The additional Drawings and instruction thus supplied will become a part of the Contra Documents. The Contractor shall cany out the Work in accordance with the addition detail Drawings and instructions. Adding the following to Section 2-5.3; When submitted for the Engineer's review, Shop Drawings shall bear the Contract0 certification that he has reviewed, checked and approved the Shop Drawings and that th are in conformance with the requirements of the Contract Documents. The followiI Contractois certification shall appear on all submittals: "It is hereby certified that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval. Certified by: Date II The following procedures will apply to Shop Drawing submittals: a. AU Shop Drawings or submittals shall be complete, certified by t: Contractor, and shall contain all required information in detail. T' Contractor shall make all necessary corrections to the submittals requirl by the Engineer. 2/16 @ 40 When approved by the Engineer, each copy of the submittals will be stamped approved, signed, and dated by the Engineer. b. c. Three (3) sets of said approved Drawings will be retuned to the Contractors. The approval of the Drawings shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. Upon the Contractor's receipt of approved Shop Drawings, he shall fumish to the Engineer instruction and maintenance manuals and parts lists of all major equipment furnished. Data in these manuals shall cover completely all items as specified and as supplied. d. e. To Section 2-5, add: 2-5.4 Record DrawhRs: The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. 2-6 Work to be Done: 2-6, Add the following paragraphs to Section 2-6: Materials, supplies or equipment to be incorporated into the work shall not be purchased by the Contractor or the Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Whenever under this Agreement it is provided that the Contractor shall furnish materials or manufactured articles, or shall do Work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the Work as a whole or in part. All equipment, materials, and supplies to be incorporated in the Work shall be new, unless otherwise specified. s 211 6194 @ a a a L 4-1 MATERlALs AND WORKMANSrn To Section 4-1.3.1, hpection Requirements, General, add: All work shall be under the observation of the Engineer or his appointed representativ The Engineer shall have free access to any or all parts of work at any time. Contractc shall furnish Engineer with such information as may be necessary to keep her/him ful informed regarding progress and manner of work and character of materials. Inspectic of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of tesh materials and/or workmanship where the results of such tests meet or exceed tl requirements indicated in the Standard Specifications and the Special Provisions. The co of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall 1 approved by him before the delivery is started. All materials proposed for use may 1 inspected or tested at any time during their preparation and use. If, after trial, it is four that sources of supply which have been approved do not furnish a uniform product, or the product from any source proves unacceptable at any time, the Contractor shall furni: approved material from other approved sources. After improper storage, handling or a~ other reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans ar the SSPWC. Compaction tests may be made by the City and all costs for tests that me! or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Enginee The costs of any retests made necessary by noncompliance with the specifications shall t borne by the Contractor. 5-1 LOCATION Add the following: The City of Carlsbad and affected utility companies have, by a search of known record endeavored to locate and indicate on the Plans, all utilities which exist within the limi of the work. However, the accuracy of completeness of the utilities indicated on the Plar is not guaranteed. The Contractor shall no@ the following agencies forty-eight (4E hours period to construction: 2/16/! @ LtL Vallecitos Water District 744-0460 San Diego Gas & Electric 438-6200 Pacific Telephone 489-3441 Underground Service Alert 1-800-422-4133 Daniels Cable Vision 438-5241 Carlsbad Municipal Water District 438-3367 City of Carlsbad Inspection Department 438-3891 54 RELOCATION Add: The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for hisher own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occu due to utilities relocations which were not shown on the Plans, it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. 6-1 CONSTRUCTION SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at the time of the project preconstmction meeting a detailed critical path method (CPM) project schedule. This schedule is subject to the review and approval of the City. 2. The schedule shall show a complete sequence of construction activities, identifying work for the complete project in addition to work requiring separate stages, as well as any other logically grouped activities. The schedule shall indicate the early and late start, early and late finish, 50% and 90% completion, and any other major construction milestones, materials and equipment manufacture and delivery, logic ties, float dates, and duration. 211 6/94 @ a II) a 3. The prime contractor shall revise and resubmit for approval the schedule as required by City when progress is not in compliance with the original schedule. The prime contractor shall submit revised project schedules with each and every application for monthly progress payment identifying changes since the previous version of the schedule. 4. The schedule shall indicate estimated percentage of completion for each item of work at each and every submission. The failure of the prime contractor to submit, maintain, or revise the aforementioned schedule (s) shall enable City, at its sole election, to withhold up to 10% of the monthly progress payment otherwise due and payable to the contractor until the schedule has been submitted by the prime contractor and approved by City as to completeness and conformance with the aforementioned provisions. 5. No changes shall be made to the construction schedule without the prior written appro\ of the Engineer. Any progress payments made after the scheduled completion date shi not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflicti~ utilities shall be requirements prior to commencement of work by the Contractor. 6-5 TERMINATION OF CONTRACT Grounds for termination of the contract by the City include failure of the City or Contract to obtain necessary permits from other governmental agencies, or unreasonable del; caused by enforcement of laws and regulations by other public agencies, including but n limited to, enforcement of the Endangered Species Act and other similar laws. 6-6.3 PAYMENT FOR DELAYS TO CONTMCXOR The City shall not be liable for delay caused by the enforcement of laws and regulatioi by other public agencies, including but not limited to, enforcement of the Endanger( Species Act and other similar laws. 6-7 TTME OF COMPLETION The Contractor shall begin work within fifteen (15) calendar days after receipt of tl "Notice to Proceed" and shall diligently prosecute the work to completion within forty-fiy (45) work days after the date of the Notice to Proceed. 2/16/ @ 44 To Section 6-7.2, Working Day, add: Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and 4:OO p.m., from Mondays through Fridays. The contractor shall obtain the approval of the Engineer if he/she desires to work outside the hours state herein. Contractor may work during Saturdays and holidays only with the written permission of the Engineer. This written permission must be obtained at least 48 hours prior to such work, The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUTDATED DAMAGES Mow this section as follows: If the completion date is not met, the contractor will be assessed the sum of $450.00 per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 7-3 LIABm INSURANCE Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 74 WORKERS COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. I 2/16/94 @ e e a 7-5 PERMITS Mow the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-w< grading, and building permits necessary to perfom work for this contract on City proper in streets, highways (except State highway right-of-way), railways or other rights-of-w, Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. 7-8 PROJECT AND SITE WAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed as directed by the Engineer even on weeker and other non-working days. Add the following to Section 7-8: 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with muf!fl in good repair when in use on the project with special attention to City Noise Cont Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-10 PUBLIC CONVEMENCE AND SAFETY Add to the first paragraph of 7-10.3, Street Closures, Detours, Barricades. The Contractor shall conduct a prephase site construction meeting with the Engineer. 1 prephase site construction meeting shall be set up to the satisfaction and subject to 1 approval of the Engineer and conducted by the Contractor prior to the beginning of w( on each major work phase. These meetings are intended to help improve the quality comtruction, personnel safety on the project site, and safety of the traveling public. Thc meetings shall include all subcontractors connected with the particular phase. At each meeting, the Contractor shall indicate its current schedule for the phase, disci maintenance of traffic, traffic control, project site personnel safety, compliance with 1 plans and specifications including quality construction, and all other pertinent subjec The number of prephase site construction meetings will be determined that preconstruch conference. No additional payment will be made for these meetings. 7-10.3.1 Construction Area Sims Construction area signs shall be furnished, installed, maintained, and removed when longer required. 2/1c @ 46 All excavation required to install construction area signs shall be performed by hand methods without the use of power equipment. Care shall be used in performing excavation for signs in order to protect underground facilities. 7-10.3.2 Maintaininn Traffic Attention is directed to Sections 7-10 SSPWC "Public Convenience and Safety". Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-10. If illuminated traffic cones rather than post-type delineators, are used during the hours of darkness they shall be affixed or covered with reflective cone sleeves as specified in Caltrans Standard Specifications, except the sleeve shall be 7 inches long. Lane closures shall conform to the provisions in Section 7-10.3.3 entitled 'Traffic Control System for Lane Closure." The Contractor shall keep open two lanes of traffic and limit closure to the Number 3 lane. Lane closure hours shall be limited to 8:30 a.m. to 4:OO p.m. In addition to the provisions set forth in "Public Safety", elsewhere in these special provisions, whenever work to be performed (except the work of installing, maintaining, and removing traffic control devices) requires the Contractois personnel to work within 6 feet of the adjacent traffic lane, or to operate equipment within 2 feet of the adjacent traffic lane, the adjacent traffic lane shall be closed. Personal vehicles of the Contractor's employee shall not be parked on the traveled way, includihg any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. All construction traffic control devices shall be maintained in good order and according to the plan throughout the duration of work. Traffic control shall be considered as an incidental to the work being performed. The cost of traffic control shall be included in the appropriate bid item(s) associated within. No additional payment for traffic control will be made. 2/16/94 @ 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 safery of employees on the wc and shall comply with all applicable provisions of Federal, State and Municipal safety la and building codes to prevent accidents or injury to persons on, about, or adjacent to t premises where the work is being performed. He/she shall erect and properly maintain all time, as required by the conditions and progress of the work, all necessary safegua for the protection of workers and public, and shall use danger signs warning agai hazards created by such features of construction as protruding nails, hoists, well holes, a falling materials. e 7-13 LAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation a Grading. 8 FACXITES FOR AGENCY PERSONNEL Delete this section. 0 0 2/16 BP 48 II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSI1IUCITON FOR CONSIRUCTION MAll3UU.S 212-1 LANDSCAPE AND IRRIGATION MATE3UAIS 212-1.2.2 - Delete this section. Modify sections as follows: 212.1.2.3 Commercial Fertilizer - Commercial fertilizer for erosion control work shall be in pelleted or granular form and shall have a minimum guaranteed chemical analysis of 12% nitrogen, 12% phosphoric acid and 12% potash. Commercial fertilizer for highway planting work shall be of pelleted, granular, or tablet form and shall have a minimum of 12% nitrogen, 8% phosphoric acid, 8% potash with 20% humus, 4% humic acid, 3.5% sulphur and 2% iron. 212-1.2.5 - Delete this section. Add the following sections: 212-1.2.6 Plantina Pits - Planting pits shall include 7 gram (12-8-8) planting tablets as follows: 4" Pot/Liner - 1 Tab/Plant 1 Gallon Shrub - 3 Tabs/Plant 5 Gallon Shrub - 8 Tabs/Plant 15 Gallon Tree - 15 Tabs/Plant 212-1.2.7 Iron Sulfate - Iron sulfate shall be ferrous sulfate in pelleted or granular form containing not less than 18.5 percent iron expressed as metallic iron. Iron sulfate shall conform to the requirements of the California Food and Agricultural Code. 212-1.2.8 Fiber - Unless otherwise specified, fiber shall be produced from non-recycled wood, such as wood chips or similar wood materials, and shall not be produced from sawdust or from paper, cardboard, or other such materials. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into a slunry shall not exceed 15 percent of the dry weight of the fiber. The percentage of water in the fiber shall be detemined by California Test 226. Commercially packaged fiber shall have the moisture content of the fiber marked on the package Fiber shall be colored to contrast with the area on which the fiber is to be applied, shall be non-toxic to plant or animal life and shall not stain concrete or painted surfaces. 2/16/94 64 0 e e 4 212-1.2.9 Herbicides and Pesticides: Shall be used in their appropriate applications with strict adherence to manufacturer specifications and instructions. Post emergent herbicide for all areas shall be Roundu Diquat, Montar, or approved equal. Pre-emergent herbicide for shrubs and ground cov( areas (planted from flats), shall be Treflan, Surflan, Eptan, or approved equal. Modify the following section: 212-1.3 Seed Seeds shall be fresh, clean, new crop seed mechanically pre-mixed to specified proportion Seed shall be delivered to the site in original unopened containers bearing the dealer guaranteed analysis and germination percentage, and a certificate or stamp or release 1 a County agriculture commissioner. Any seed tagged "warning, hold for inspection" shz be rejected. The percentage of seed germination shall include the germination percentage of any ha seed. If seed conforming to the specified purity of germination is not readily available, seed wii less than the specified purity or germination may be used under the following condition The application rate for such seed shall be increased to compensate for the le, 1- than specified purity or germination. Prior to using such seed, the Contractor shall submit to the Engineer the purii and germination percentages and the proposed increased application rate for suc seed. No such seed shall be used before the Engineer has approved, in writing, the ut of such seed and the increased application rate. The additional seed required because of the increased application rate shall t furnished and applied at the Contractor's expense. 2. 3. 4. Seed specified without a purity or germination requirement shall be labeled to include tl name, date (month and year) collected, and the name and address of the seed supplie Said seed, at the time of sowing, shall be from the previous or current year's harvest. All shipments of seed not accompanied by a valid California Nursery Stock Certificate shz be reported to the County Agricultural Commissioner at the point of destination fc inspection and shall be held until released by the Commissioner. Seed treated with mercury compounds shall not be used. 21161 63 50 All legume seed shall be pellet-inoculated with a viable bacteria compatible for use with that species of seed. All inoculated seed shall be labeled to show the weight of seed, the date of inoculation, and the weight and source of inoculant materials. Legume seed shall be pellet-inoculated as provided in Bulletin AXT-280, "Pellet Inoculation of Legume Seed," of the University of California, Agricultural Extension Service, except the inoculant shall be added at the rate of five times the amount recommended on the inoculant package. Add the following section: 212-1.3.1 Hvdroseed Mix Each area to receive hydroseed mix shall have Type I mulch applied at the rate of no less than 2,000 lbs. per acre. The soil will be conditioned so that it is suitable for planting by: 1. Adjusting the surface soil moisture to provide a damp, but not saturated, seed bed. The addition of soil amendments, pH adjustment, leaching, or covering saline soils to provided viable conditions for growth. 2. Hydroseeding mix shall consist of all of the following: SOUTH SIDE OF PALOMAR AIRPORT ROAD Baccharis Glutinosa The south side areas to be hydroseeded shall be prepared prior to hydroseeding by raking the soil where sufficiently friable and ripping where necessary, removing all rocks larger than 3/4" in diameter. 2/16/94 m 72-55 TOTAL LBS/AC > 52 All plants furnished by the Contractor shall be true to type or name as shown on the plans and shall be tagged identifying the plants by species or variety; however, determination of plant species or variety will be made by the Engineer, and his decision shall be final. Plants shall be individually tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants and certificates shall be delivered to the Engineer. The Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside San Diego County. Evidence that such clearance has been obtained shall be filed with the Engineer. The Engineer is the sole judge as to acceptability of each plant. Vigorous, healthy, well-proportioned plants are the intent of this specification. Plants which are even moderately "overgrown", or are showing signs of decline or lack of vigor are subject to rejection. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock, or as specified in the special conditions or drawings. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth and spread of roots for each plant shall be increased proportionately. All plants not conforming to the requirements herein specified shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site and replaced with new plants by the Contractor at the Contractox's expense. The Engineer reserves the right to change the species, variety, and/or sizes of plant material to be furnished, provided that the cost of such plant changes do not exceed the cost of plants in the original bid, and with the provision that the contractor shall be notified in writing, at least sixty (60) days before the planting operation has commenced. Add the following section: 212-1.4.7 Water - Water shall be potable and of such quality that it will promote germination of seeds and growth of plants. 212-1.5.1 - Delete this section. 212-1.5.2 - Delete this section. 212-1.5.3 - Delete this section. 2/16/94 @ Add the following: 212-1.6 Erosion Control Mathnq Erosion control matting shall be made of 100% biodegradable, weed free, wheat straw thickness and density yielding 0.50 lb./sq. yd. with photodegradable polypropylene matt with a density of 1.64 lb./1,000 sq. ft. having an approximate mesh interval of 1/2" x 1, on each face of the straw mat. The straw mat shall be sewn together with unidirectio lines of cotton or polypropylene thread spaced approximately two inches apart. &os control matting shall be "North American Green, DS1 SO", "BonTen-a S2" or approved eqi 212-1.7 Erosion Control Map Staples Erosion control map staples shall be one inch by six inches U-shaped 11 gauge mild st staples. m 0 0 2llE @ dT 111. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTTON FOR CON!?IRUCIION METHODS 3004 UNCLASSIFIED FlLL 300-4.8 Add the following: The equipment used that will produce the results meeting all the requirements herein, shall be approved by the Engineer prior to use. 308 LANDSCAPE AND IRRIGATION INSTAUATION Add the following: 308-1 GENERAL 308-1.2 Herbicides - Unless prohibited by the County Agricdturd Commissioner, herbicides may be used for removal of noxious weeds prior to installation of highway planting work. If the Contractor elects to use herbicides, such usage shall conform to the requirements of the California Food and Agricultural Code and these specifications. The herbicides used to control weeds shall be limited to those specified. Weed oil and granular or pelleted forms of herbicides shall not be used. The Contractor shall obtain recommendations for the use of all herbicides from the licensed Pest Control Adviser in accordance with the requirements of the California Food and Agricultural Code. At least 15 days prior to using any herbicides, a copy of such recommendations shall be submitted to the Engineer for approval. The recommendations shall include, but not be limited to, the herbicides to be used, rates of application, methods of application, and areas to which herbicides are to be applied. Before using any herbicides, the Contractor shall obtain the Engineer's written approval of the Pest Control Adviser's recommendations. When used, herbicides shall be used in accordance with the approved Pest Control Adviseis recommendations. The Contractor shall notify the Engineer at least 24 hours prior to each application of herbicide and shall indicate the hours of application. 2/16194 @ @ 0 1) Herbicides shall be mixed in accordance with the instructions provided on the applica registered label. Prior to mixing any herbicide, a copy of the registered label for herbicide to be mixed shall be given to the Engineer, or when such copy is unavailable, Engineer shall be permitted to read the label on the container. Herbicides for weed control shall be applied with a photo-sensitive dye which will prodi a contrasting color when sprayed upon the ground. The color shall disappear betweei and 3 days after being applied. The dye shall not stain any surfaces nor injure plant animal life, when applied at the manufactureJs recommended application rate. Herbicides shall not be applied when weather conditions, including wind conditions, I unsuitable for such work. Any new or existing plants and soil which, in the opinion of the Engineer, Rave bf damaged by the application of herbicides shall be replaced by the Contractor at expens e. At the end of each work week, a written report of that week's applications of all herbici shall be submitted to the Engineer. 308-2 EARTHWORK AND TOPSOIL PLACEMENT 308-2.2 TRENCH EXCAVATION AND BACKmLL ADD: No rocks, clods, or debris over 1/2" shall be permitted in the backfill. 308-2.3 TOPSOIL, PREPARATION AND CONDITIONING 308-2.3.1 DELETE first paragraph and ADD: Topsoil shall be existing onsite topsoil. 308-2.3.2 ADD: a. The following soil amendments shall be evenly spread on topsoil after the top5 is scarified to a depth of six inches (6"). Gypsum Water-In 200 lbs. per 1,000 sq. ft. 1 qt. or equal per 1,000 sq. ft. Naiad 1 oz. { either or equal Cultivation. The entire planted areas except slopes steeper than 3-1/2:1 shall be plow disked in two directions to a depth of 12", then dragged with a fine tooth harrow. Chemical and physical correction. After cultivation, the following correctives shall intimately blended 6" deep in all planted areas. 2m @ r/v 300 lbs. agricultural gypsum per 1,000 sq. ft. 10 Ibs. iron sulfate per 1,000 sq. ft. 100 lbs. calcium carbonate lime (CAC03) per 1,000 sq. ft. 5 cu. yds. soil amendment - Type A. Rate of application is for bidding purposes only - soil test may reduce or increase total soil amendment yardage. Adjustments (plus or minus) may be necessary. Contractor shall obtain at least two soil tests of final grade at site and submit results to engineer for interpretation and recommendation. 308-2.3.3 Deep Water Leaching a. After complete installation and testing of the irrigation system, all areas shall be deep water leached and compacted and settled by continuous application of irrigation water until the soil has received a minimum of six inches of water. After leaching operation, three soil samples shall be taken by Contractor and provided to the Engineer. Soil test shall meet the following requirements: b. EC - M&u~ 4.0 X 10.3 pHe - Maximum 7.5 Re-application of soil amendment and leaching operation shall be repeated by Contractor if tests show a negative result. Expense of test, re-application of a soil amendment and leaching operation shall be borne by Contractor. c. 308-3 - Delete this section. 3084 PLANTING 308-4.2 Protection and StoraEe - Add following: Where shrubs are shown on the plans to be planted in groups, the outer rows shall be parallel to the nearest roadway or right-of-way fence. Shrubs in adjacent rows shall be staggered. Adjustment in the number or alignment of plants shall be made between the outer rows. 308-4.4 - Delete this section. 2/16/94 @ a * 0 3084.5 TREE AND SHRUB PLANTING ADD: All planting backfill shall consist of the following: Existing site soil 75% Gypsum Naiad Water-In PLANTING TABLETS - Planting Tablets shall be placed in each tree and sh planting hole at the following rates: 1. 2. 3. 4. 10 lbs. per cu. yd. 1 oz. per cu. yd. 1 qt. per cu. yd. { either or equal 1-5 gram tablet per liner or rootstock 1-21 gram tablet per 1 gal. container 2-21 gram tablets per 5 gal. container 4-21 gram tablets per 15 gal. container Delete 3084.6 3084.8.2(b), ADD: In addition to applicable provisions contained in the Standard Specifications for Pub Works Construction, hydroseeding shall conform to the following requirements: Hydroseed Application: 1. Apply the hydroseed in the form of a sluny consisting of organic s amendments, commercial fertilizer, and any other chemicals that are called o When hydraulically sprayed onto the soil, the mulch shall form a blotter4 material. Direct the spray operation so that the slurry spray will also penetr: the soil surface and mix the slurry components into the soil. Do not leave the hydroseed slurry components in the hydroseeding machine 1 more than two (2) hours. If slurry components are left for more than two hoi in the machine, add 50% more of the originally specified seed mix to any slu mixture which has not been applied. All mixtures more than four (4) hours o must be disposed, offsite, at the contractois expense. Spray the area with a uniform visible coat in accordance with Section 3C 4.8.2(b). The slurry shall be applied in a downward drilling motion via a f stream nozzle. It is important to ensure that all of the slurry components en1 and mix uniformly with the soil. . Hydroseed will be applied to achieve 100% coverage of all areas. Additional f or partial applications will be required as determined by the Engineer to ass1 100% coverage and 95% germination. 2. 3. 4. 2/16 @ 30 Hydroseed Establishment Period 1. Upon completion of hydroseeding operations, water all hydroseeded areas for a period of ninety (90) calendar days as follows: a. Germination stage irrigation: Approximately 25 hours after hydroseeding the planting areas, initiate the watering sequence. Water long enough to moisten the soil thoroughly to the depth of the slurry mulch taking care not to super saturate or wash away the slurry and seed. Perform fi-equent, light irrigation until seed has germinated. Repair all seed washings and erosion. b. Establishment stage irrigation: After germination, reduce the irrigation frequency while increasing the duration of each watering. The specific water program shall be approved by the Engineer, but should approximate watering once a day for ninety (90) days. 2. keas of poor germination will be re-hydroseeded until such time as uniform coverage has been attained. All planting and hydroseeded areas which are damaged by construction or maintenance shall be repaired by the Contractor within ten (10) days following completion of construction in such areas, unless otherwise approved. Repair shall consist of bringing the damaged area back to final grade, replanting the area with the same vegetation as originally specified, and maintaining the area to achieve acceptable plant establishment. 308-4.8.3 - Delete this section. 308-4.8.4 - Delete this section. 3084.9 Erosion Control Pkmting 308-4.9.1 General - Add the following: Control all weeds as follows: Prior to any seeding, irrigate all planting areas for approximately two weeks to encourage weed seed germination. Allow weeds to grow until they reach a maximum height of two or three inches and then thoroughly spray with either "Round Up Weed-B-Gone", or equal, for perennial weeds or 'Weed Boomer", "Phytar" or equal, for annual weeds. Remove all weeds prior to seeding. Do not use any pre-emergent herbicides. Chemical correctives as specified in addenda to Section 308-2.3.2 shall be applied to all slope areas steeper than 3-1/21 at half the rate mentioned, and cultivated by hand rake into the soil. Slope areas will then be leached as mentioned in addenda to Section 308-2.3.2. Then allow planting area soil surface to dry out slightly prior to the hydroseeding application. Slopes to be irrigated per Section 308-4.1. 211 6/94 @ @ @ 4B Preparation, application and maintenance of hydroseeding shall meet the followi requirements as well as those shown on the plans. The slurry shall be prepared at the site and its components shall be mixed to supply rates as shown on plans. Hydraulic equipment used for the application of fertilizer, set additives and slurry shall have a minimum capacity of 1,000 gallons and shall be mount on a traveling unit which will place the sluny tank and spray nozzles within sufficic proximity to the areas to be sprayed so as to provide distribution without waste. 7 operator shall spray the area with a uniform visible coat using the color of the cellulc fiber as a visual guide. The slurry shall be applied in a downward drilling motion via a i stream nozzle. The spray operation must be so directed that the sluny spray will a penetrate the soil surface to drill and mix the slurry components into the soil, thus ensurj maximum impregnation and coverage. The hydroseeding will be applied in P applications. The first application will consist of the appropriate seed mix and fertili: and 1,000 lbs. per acre of mulch fiber. The second application will include soil stabili: and 1,000 lbs. per acre of mulch fiber. The hydromulching slurry components shall x be left in the hydromulch machine for more than two hours. If slurry components are 1 for more than two hours in the machine, the Contractor shall add 50% more of t originally specified seed mix to any slurry mix which has not been applied within the tv hours after mixing. The Contractor shall add 75% more of the original seed mix to a slurry mixture which has not been applied eight hours after mixing. Any mixture I applied after eight hours shall be rejected and disposed of off-site at Contractois expen Special care is to be exercised by the Contractor to prevent the slurry from being spraj onto any adjacent property, or onto drainage ditches and channels. Any slurry spraj onto these areas shall be cleaned off by the Contractor. Noxious weed growth appearj in the seed mix planting areas during the maintenance period which is detrimental to 1 hydroseed germination and growth, shall be removed manually. Weeding will not required after 180 days unless specified by the Engineer. 308-4.9.1.2 Preparation - Preparation shall include all the work required to make re2 the areas for erosion control materials in accordance with Subsection 308.2.3. Loose rocks larger than 2-1/2 inches in maximum dimension and debris brought to 1 surface of the ground during cultivation shall be removed and disposed of. Removing a disposing of rocks and debris from embankments constructed as part of the work will considered as included in the contract price. No additional compensation will be allo~ therefor. 308-4.9.2 - Delete this section. 308-4.9.3 - Delete this section. 308-4.9.4 - Delete this section. 2/1[ @ vu 308-4.9.5 Watering - Add: All trees, shrubs, and vines shall be watered immediately after planting. Water shall be applied until the backfill soil around and below the roots or ball of earth around the roots of each plant is thoroughly saturated. Where watering is done with a hose, a metal or plastic pressure reducing device approved by the Engineer shall be used. Under no circumstances shall the full force of the water from the open end of a hose be allowed to fall within the basin around any plant. Hydroseed areas shall be watered several times daily to keep seed and soil adequately moist to foster seed germination. 'Length of time of water application shall be adjusted as to avoid excessive run-off or erosion. After the first watering, water shall be applied to all plants as often, and in sufficient amount as conditions may require to keep the soil and plant roots moist during the life of the contract. Precautions shall be taken to prevent water from wetting vehicles, pedestrians, and pavement. Any erosion or slippage of the soil caused by watering shall be repaired by the Contractor at his expense. 308-4.10 Erosion Control Mattinn installation 308-4.10.1 General Before installation of erosion control matting, all soil preparation, fine grading, and hydroseeding of the areas to receive erosion control matting shall be completed. 3084.1 0.2 Coordination With Hydroseeding Erosion control matting shall be installed immediately after the first application of hydroseed materials. In all cases the erosion control matting shall be placed within three days of the first hydroseed material application. Should any seed in the hydroseed materials begin to germinate within the three day period after application or before the installation of the erosion control matting, the installation of the erosion control matting shall be considered as late and the contractor shall disc the hydroseed materials into the top four inches of the underlying soil, condition the soil for hydroseeding and apply hydroseeding materials at the rates and of the type specified. No additional payment will be made for second or subsequent hydroseed applications resulting from late installation of erosion control matting. 2/16/94 @ 308-4.1 0.3 Installahon Erosion control matting shall be installed using the following techniques: 1. Begin at the top of the slope by placing the erosion control matting into a inch wide by six inch deep trench with the end of the matting laid flat in bottom of the trench and anchoring the end of the erosion control matting v erosion control mat staples spaced no more than twelve inches on centers pla at the intersection of the bottom and the downhill vertical face of the trenc Roll the erosion control matting down the slope. Staple the erosion control matting on an alternating grid consisting of tl across and two across line of staples in horizontal lines spaced three feet centers. Erosion control mat so stapled shall be spaced such that no less t one and one-half staples per square yard are provided to anchor the ero: control matting. Start the adjacent erosion control mat as in item number 1 of this secti overlapping the previously placed mat by no less than two inches. Star placement may be such as to use the staples used to secure the adjacent ma1 secure both mats along their edges. When erosion control matting is spliced going down slope, the ends shall lapped no less than six inches shingle fashion. The spliced ends shall anchored with erosion control mat staples spaced no more than twelve inches centers. The edges of erosion control matting consisting of the bottom ends and edge: overall areas shall be stapled 18 inches on centers. * 2. 3. 4. 5. 0 6. 308-5 IRRIGATION SYmM INSTALLATION Add the following sections: 308-5.1.2 Maintain Existinn Water Supply - The Contractor shall notify the Engineel least 4 days prior to shutting off the water supply to any portion of an existing inigat system. The Engineer shall also be notified when the water supply is returned to s portion of the irrigation system. Water supply for maintaining existing plantings shall be maintained as specified her until the permanent water supply or a temporary water supply system, approved by Engineer, has been provided. a 2/11 @ "Y If the work causes a continuous intemption of water supply for more than 3 consecutive days, the Contractor shall water at his expense all existing plantings, including those being maintained by landscape maintenance forces, in the area irrigated from that water supply as often as necessary to maintain healthy plant growth. At the option of the Contractor, temporary connections to the existing irrigation system may be provided until the water service has been restored to the irrigation system. Where work is performed on an existing irrigation system, the system shall be checked by the Contractor and the Engineer for proper operation after the work is completed and any malfunctions resulting from the Contractor's operations shall be corrected at the ContractoJs expense. 308-5.1.3 Remove Existinn Plants for Trenching - Where new irrigation pipes or control and neutral conductors are installed by trenching methods in existing ground cover, the ground cover shall be removed. The width of removal shall be sufficient to properly install such facilities, but in no case shall the removal width exceed 5 feet. Removed ground cover shall be disposed of and replaced in-kind at Contractor's expense. Ground cover removed or rototilled within the maximum 5-foot wide removal area shall be replaced with new plants of the same variety as the existing ground cover. Planting of plants shall conform to the provisions in Section 308-4, "Planting". Where trenching is performed in areas planted with existing trees or shrubs, the trenching alignment shall be adjusted as necessary to avoid damage to the existing trees or shrubs. 308-5.2 Lrxination Pipeline Instdation Modify Section 308-5.2.1 as follows: 308-5.2.1 General - All underground metallic pipes, valves or fittings made of dissimilar metals shall be connected through a dielectric coupling or bushing. Pipe installed in this manner shall be physically separated from other metal objects. Dielectric couplings shall physically separate the pipes a minimum of 1/8 inch in all directions. Non-conducting spaces which will insure physical separation of pipe from foreign objects may be required as determined by rhe Engineer. The risers for sprinklers on slopes shall be set approximately perpendicular to the plane of the slope. If the location of a supply line interferes with the drilling of the plant holes, the plant holes shall be so located as to clear the supply lines. Supply lines shall not be installed through plant holes unless otherwise shown on the plans. Valves and sprinklers shall be installed 7 feet from curbs, dikes, sidewalks and paved shoulders and 3 feet from fences and walls unless otherwise shown on the plans or as directed by the Engineer. 2/16/94 @ 0 0 0 All electrical equipment, wiring, and methods are to conform to the 1990 Edition of I National Electrical Code. Foreign material shall be prevented from entering the irrigation system during installatic Immediately prior to assembling, all pipes, valves, and fittings shall be cleaned. unattached ends of pipe, fittings, and valves shall be thoroughly flushed out prior attachment of sprinklers, emitters, and other tenninal fittings. Add the following sections: 308-5.2.1.1 Conduit for Water Line Crossovers and Sprinkler Control Crossovers - T installation of sleeves for water line crossovers and sprinkler control crossovers sh conform to the provisions in this Section. Conduit shall be installed not less than 1.5 feet below the curb grade in sidewalk areas a not less than 3.5 feet below the finished grade in all other areas. Conduits shall exte 2 feet beyond all paving unless otherwise shown on the plans. Conduit shall be installed under existing pavement by jacking or drilling methoc Pavement shall not be disturbed without the written approval of the Engineer, and th only in the event obstructions are encountered. When permitted by the Engineer, sm holes may be cut in the pavement to locate or remove obstructions. Jacking or drilling p shall be kept at least 2 feet from pavement edge wherever possible. Excessive use of wa that will soften subgrade or undermine the pavement will not be permitted. The conduit shall be laid in the trench to the lines and grades established by the Engine The bottom of the trench shall be graded and prepared to provide a firm and Unifoi bearing throughout the entire length of the conduit. During backfilling operations, t conduit shall be rigidly supported so that no movement of, or damage to, the conduit joints will result. After installation of conduits and placing of base and surfacing is completed, the Contraci shall demonstrate that all conduits are free of obstructions and restrictions. Exploratory holes for locating existing conduits shall be excavated at the locations indicat by existing markers or where directed by the Engineer and be at the Contractois expem The Contractor shall excavate and backfill exploratory holes at any location to a maximt size of 2-1/2 feet in width, 5 feet in depth, and 10 feet parallel to the roadway (5 feet each side of the marker or directed location). If it is necessary or advisable, as determin by the Engineer, to increase the size of the exploratory holes beyond the dimensi specified above, such additional excavation and backfill will be paid for as extra work. 308-5.2.1.2 Water Line Crossovers - Water line crossovers shall be any supply line pi that is installed in a conduit under a roadway or other facility. The work of installing water line crossovers shall include furnishing and installi appurtenances shown on the plans or specified in these specifications. 2/16 @ 04 Water line crossovers shall be polyvinyl chloride (PVC) plastic pipe of Schedule 40 and two times the diameter of irrigation pipe as shown on the plans. After completing conduit backfill and prior to performing the pressure test on a water line crossover, the Contractor shall demonstrate that the water line crossover can be moved longitudinally within the conduit. The water line crossover shall then be positioned to extend at least one foot beyond each end of the sleeve. Where water line crossovers are not to be connected to other supply lines, the ends of such crossovers shall be capped immediately after testing. 308-5.2.2 - Delete this section. 308-5.3 LnstaUaPion of Valves and Valve Boxes Mod@ section as follows: Spring action check valves (anti-drain valves) shall be installed at the locations shown, on the plans. The check valve spring shall be factory set at 5 pounds per square inch. Valve boxes with extensions, if required, shall be provided for housing control valves. The tops of valve boxes installed in walkway and paved areas shall be flush with the surrounding grade. The tops of valve boxes in other areas shall be installed 2 inches above the surrounding grade. 308-5.4 Sprinkler Head Installation and Adjustment Add: 308-5.4.5 Drip Emitters - All drip emitters shall be set perpendicular to finish grade of the area to be irrigated. Drip emitters shall have 12 outlet ports; operate at 5-60 psi; emit 1 (one) gallon per hour, and be self-cleaning. The drip irrigation system shall be installed and maintained free from particulate contamination. After installation of drip emitters and bubblers, a second flush is required before capping and pressurizing PVC line. The irrigation contractor shall check all heads. Throttle the flow control (if necessary) at each valve to obtain the optimum operating pressure for each system. 2/16/94 @ e 0 0 308-5.5 AUTOMATIC CONTROL SYSTEM INSTALLATION CHANGE: Third Paragraph - When the valve is to be housed in a concrete box - To: M the valve is to be housed in a plastic box. Add the following sections: 308-5.5.1 Wiring Plans and Diagams - Within thirty (30) working days after Contractor has received notice of approval of the contract and prior to the installatio any electrical materials for an irrigation system (except service), the Contractor : submit working drawings to the City Engineer. The working drawings shall consi: wiring plans which shall be reproducible, shall conform in scale to the contract plan irrigation, and shall bear the written approval of the controller manufacturer or authorized agent. Information shown on the Wiring plans shall include, but not be lim to, wire size, conduit, and the wire routes between electrical components. Three (3) copies of the schematic wiring diagram, including any wiring modifications, each type of controller installed shall be submitted to the Engineer prior to completio the contract. For each controller, one (1) additional copy of the schematic Wiring diagram and a c of the reduced irrigation plan showing the equipment controlled by the contro including the installed locations and current station numbers for each electric ren control valve shall be laminated with clear, mat-finished plastic not less than 10 mils tk and placed in a heavy-duty plastic envelope. The envelope shall be attached secure1 the inside of the controller enclosure or cabinet door. 308-5.5.2 Sprinkler Control Crossovers - Sprinkler control crossovers shall be any electr conduit for sprinkler controls that is installed inside a larger conduit under a roadwaj other facility. The work of installing sprinkler control crossovers shall include furnishing and install pull wires or ropes, pull boxes and other appurtenances shown on the plans or spec? in these specifications. Electrical conduit for sprinkler control crossovers shall be rigid non-metallic conduit of sizes shown on the plans or specified. Where no conductors are to be installed in electrical conduit, pull wire or pull rope shall be installed in the electrical conduit. A number 3 concrete pull box shall be installed at each end of each sprinkler coni crossover. 308-5.5.3 Excavation and Backfill - Excavation and backfill for installing irrigat electrical facilities shall conform to the provisions specified for installing pipe in Sect 308-2.2, 'Trench Excavation and Backfill". 308-5.5.4 Valves and Valve Boxes - The installation of electric valves and valve boxes such valves shall conform to the provisions in Section 308-5.3, 'Valve and Valve Boxt 2/11 @ 308-5.5.5 Conductors - Conductors shall be color-coded when the location of controllers are grouped or placed within one enclosure, or conductors from the controllers are installed in a common trench. The color of the conductors from any one controller shall be uniform to its valves. All neutral conductors shall be white. White shall not be used for control conductors. Conductors with green colored insulation shall not be used. Conductors shall be of the size recommended by the manufacturer of the controllers to be installed. Each controller shall have a common neutral conductor of its respective valves. Each remote control valve shall have a separate control conductor with no other valves connected to the conductor. At least 2 feet of slack shall be left for each conductor that is connected to other facilities within the box or is spliced within the box. Conductors shall be wrapped together with electrical tape at 5-foot intervals. Except as otherwise provided in this paragraph, conductors shall be buried directly in the ground. Where conductors are surface mounted, or where conductors pass under paved areas, through pipe conduit, or through concrete, the conductors shall be installed in electrical conduit. Electrical conduit shall be rigid non-metallic conduit, except surface-mounted conduit and conduit installed through concrete or installed by jacking or drilling shall be rigid metallic. Where conductors are installed in the same trench or opening as the pipe, the conductors shall be placed at the same depth as the pipe. At other locations, the conductors shall be installed not less than 18 inches below the ground surface. The Contractor, at his option, may install conductors for an higation system by methods and with equipment other than by trenching, provided the conductors are installed at the depths specified and the conductor insulation is not damaged by the methods and equipment used. Pull boxes shall be installed at the following locations: 1. 2. At all conductor splices, except splices made in valve boxes. At intervals not to exceed 500 feet along any low voltage, neutral and control conductor rum. Valve boxes installed along a conductor nm shall not be considered as pull boxes in determining the spacing. Within 5 feet of a controller or within 5 feet of a cabinet housing more than one controller for the low voltage, neutral and control conductors connecting to the controllers. 3. 2/16/94 64 a 8 m 4. 5. The tops of pull boxes installed in walkway and paved areas shall be flush with surrounding grade. The tops of pull boxes in other areas shall be installed 2 inches at the surrounding grade. Splices shall be made only in pull boxes or valve boxes. Splices shall be made as follc The ends of the wires shall be joined together with an insulated spring-type come without soldering. No exposed bare wire shall extend beyond the connector. The splice insulation material shall be a 2-component, self-curing, epoxy resin furnis in a double compartment, transparent plastic envelope. The splice insulation shall be m by thoroughly mixing the 2 components in the envelope and, after cutting open one e of the envelope, inserting the wire connection into the epoxy resin and then taping s the open end of the envelope. Other methods may be used to furnish and mix these ep resin providing such methods are approved by the Engineer. Regardless of the method used for mixing and applying the epoxy, sufficient epoxy rf shall be provided to completely cover the connector. Conductors in controller cabinets shall not be spliced. Temporary splices used for testing valve circuits shall not be used as permanent splic 308-5.5.7 Testing - Field tests and a functional test shall be performed by the Contrac to demonstrate that all parts of each higation system function as specified. Field tests shall be performed on all conductors. Where the conductors are installed trenching and backfilling, such tests shall be performed after at least 6 inches of bacE material has been placed over the conductors and said material has been compacted specified in Section 308-2.2, "Trenching and Backfilling". The functional test for each electrical automatic controIler and associated autom: irrigation system served by a single electric service point, or a group of electric autom: controllers and associated automatic irrigation systems served by a single electric sen point, shall consist of not less than 15 consecutive working days of operation during wh time each controller shall complete at least 3 complete cycles automatically for each stat, controlled by the controller. The lengths and frequencies for the cycles will be detennir by the Engineer. If unsatisfactory performance of any system develops, the condition st! be corrected and the test repeated until 15 working days of continuous, satisfactc operation is obtained. The functional test shall be satisfactorily completed prior to the start of the PI; establishment period. At the ends of each conduit for control conductors. Other locations shown on the plans. 2m @ vu 308-5.6 Flushing and Testing 308-5.6.1 General - Pressure testing for leakage shall be performed on all pipelines installed by the Contractor, except for non-rigid pipelines and pipelines with spray nozzles installed into the pipe. Pipelines to be tested shall be installed, and all open ends of the pipeline and fittings shall be plugged or capped prior to testing. Pressure tests shall be performed in one or more operations. Pipelines installed by trenching and backfilling and pipelines which are completely visible after installation shall be tested as specified below. Water line crossovers that are connected to other pipelines to be tested shall be tested in the same manner as the pipelines to which they are connected. Water line crossovers that are not connected to other pipelines to be tested as specified below except the testing period and allowable drop in pressure shall be modified from one hour to 1/2 hour and from 5 pounds per square inch to no drop in pressure, respectively. All other pipelines including those installed in the ground by methods other than trenching and backfilling, shall be tested as specified below. 308-5.6.2 Pipeline Pressure Test - Pressure testing procedure for leakage shall conform to the following: The Contractor shall note the Engineer at least 24 hours prior to performing any pressure test. Pressure tests shall be performed only between the hours of 8:OO a.m. and 5:OO p.m. except that no pressure tests shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved in writing by the Engineer. Each pressure test shall be observed by the Engineer. Pipelines to be tested shall be filled with water and a pressure gauge shall be connected to the pipeline. The pipeline shall then be placed under a pressure of 150 pounds per square inch, except as otherwise specified below, by air or water pressure, after which the source of pressure shall be cut off leaving the line under the required pressure. The pressure gauge shall be calibrated from 0 to 200 pounds per square inch in 5-pound increments and shall be accurate within a tolerance of 2 pounds. The pipeline shall be tested under the required pressure for a period of three hours. The pressure gauge shall remain in place until each test period has been completed. All leaks that develop in the portion of the system installed by the Contractor shall be located and repaired after each test period when a drop of more than 5 pounds is indicated by the pressure gauge. After such leaks have been repaired, the three hour pressure test shall be repeated and any necessary additional repairs made until the drop in pressure is 5 pounds per square inch or less. When a system consists of new pipelines installed by the Contractor and existing pipelines, the testing pressure shall be the pressure of the water source to which the system is to be connected, as measured at the point of the connection, in lieu of the 150 pounds per square inch specified above. If any such system fails the specified pressure test, the new 2/16P4 @ I) (I) e pipelines shall be isolated from the existing pipelines, at the Contractois expense, and new pipelines shall be tested separately at 150 pounds per square inch in accordance v these specifications. 308-5.6.3 Sprinkler Coverage Test - All leaks that develop and all defective material in portion of the irrigation system installed by the Contractor shall be repaired or repla by him. 308-6 MAINTENANCE AND PLANT ESTABLISHMENT Modify Section 308-6 as follows: The plant establishment period shall be for a period of one hundred twenty (120) work days and plus an additional day thereafter for each day that establishment and maintena operations are not satisfactorily performed, as determined by the Engineer. Ap post-plant fertilizer, once, at a rate of 20 Ibs. per 1,000 sq. ft. 45 calendar days a~ planting. (This application rate is for bidding purposes only; final fertilizer applicat amounts shall be approved by the Engineer. Commercial fertilizer for planting (non-hydroseeded areas) shall be applied to trees, sh vines, and ground cover areas, as specified, and shall be watered into the soil after e; application. The Contractor shall notify the Engineer at least five (5) days prior applying commercial fertilizer for both Plantings. The Contractor will no@ the Engineer in writing when landscape and irrigation worl complete. The Engheer will inspect the work to ensure it is complete. When the worl accepted by the Engineer as complete, the establishment period will start. The ti required for plant establishment work shall be considered as included in the total time li~ specified for the Contract. During the plant establishment period, damage caused erosion shall be repaired at Contractor’s expense. The Contractor will be required to adequately water plants; replace unsuitable plants; weed, rodent, and other pest control; maintain the inigation system, and perform otl work as determined necessary by the Engineer, twice weekly during the plant establishmt period. Prior to the start of the maintenance period, a plant maintenance schedule sh be submitted to the Engineer for approval. Plant establishment work including, but not limited to, watering plants, replaci unsuitable plants, repairing erosion damage, and doing weed, rodent, and other p control work as determined by the Engineer to be necessary. Working days will not credited as plant establishment working days when the Contractor fails to adequatt perform said work. Plant growth which extends onto sidewalks, curbs or dikes, or within two (2) feet shoulders or fences, unless otherwise shown on the plans, shall be removed. Ground col shall also be kept removed from within the tree basins, including the basin walls and fic planting areas within header boards. 2/16 @ The Contractor shall submit a schedule for weekly hydroseed maintename to the Engineer for approval. This schedule shall be considered a minimum level of effort. The contractor is responsible for a constant surveillance throughout the maintenance period. Any day when the Contractor fails to adequately carry out specified maintenance work, as determined necessary by the Engineer, will not be credited as one of the plant establishment days. During the plant establishment period, electric automatic irrigation systems shall be operated in the automatic mode, unless otherwise permitted by the Engineer. When any electric automatic irrigation component is operated manually on a working day, the day will not be credited as a plant establishment working day unless such manual operation has been permitted, in writing, by the Engineer. As part of the plant establishment work, thirty (30) days prior to completion of the plant establishment period, instructions shall be given to the Engineer by a qualified person from the Contractor's personnel on the use and adjustment of the irrigation controllers installed. Weeds in all planting areas shall be controlled as specified and as directed by the Engineer. Where herbicides are used to control weeds, as provided in Section 308-1.2, "herbicides", weeds shall be killed before they exceed two inches (2") in length. Where weeds are to be pulled by hand as specified, they shall be pulled before they exceed four inches (4") in length and disposed of the same day on which they are pulled. Dead weed growth which, in the opinion of the Engineer, will interfere with subsequent plant establishment or become unsightly shall be removed and disposed of. Weed control, as specified in this Section, shall be performed as often as required to maintain the project in a neat and uniform condition at all times. Surplus earth, papers, trash, and debris which accumulate in the roadside clearing and preparing areas shall be removed and disposed of. Such areas shall be cared for as to present a neat and clean condition at all times. During the plant establishment period, trees, shrubs, vines, and ground cover plants, planted as part of the contract, shall be pruned or headed back by the Contractor at his expense when and as directed by the Engineer. For hydroseeded areas, the establishment period shall be one hundred twenty (120) working days. The Contractor shall provide complete landscape maintenance of all planting areas during the establishment period. The work shall include, but not be limited to, watering, litter control, weed control, cultivating, and control of diseases and pests. 2/16/94 @ rl) a * All developments of weed growth appearing in the seed mix planting areas during maintenance period shall be removed at 2-week intervals. The Contractor may eleci remove such concentrations of weeds manually or by an approved herbicide pros; Contractor is required to take all precautionary measures to protect the native vegetat in all areas outside the limits of grading. Temporary irrigation shall be provided for hydroseeded areas for a minimum of 120 d to ensure adequate plant establishment. Towards the end of the maintenance period contractor shall gradually reduce the amount of irrigation to dow plant adaptation non-irrigated conditions. The Engineer shall inspect all hydroseeded areas for adequ plant establishment at the end of the maintenance period. Upon the approval of engineer, the temporary irrigation system shall be shut off at that time. Prior to acceptance of the hydroseeded areas by the engineer, a certification report must submitted by a registered Landscape Architect, stating that the hydroseeding was dc according to the project specification and that its growth is adequately established, i 80% coverage, to prevent erosion. Contractor shall call for a final inspection two we before the end of the 120-day establishment period. 308-8.1 Pavment for Irrigation The irrigation system work will be paid for at the contract lump sum. When irrigation system work is to be paid for at a contract lump sum price for irrigat: system, such price shall include full compensation for furnishing all labor, materials, to( equipment, and incidentals, and for doing all the work involved in installing the irrigan system, complete in place, including excavation and backfill, replacing subbase, base, s pavement where water lines and conduits are installed through paved areas, testing e checking the irrigation system, and maintaining existing water supply, as shown on 1 plans, as specified in these specifications and as directed by the Engineer. Full compensation for removing and disposing of existing pavement shown on the pi: where trenches for irrigation facilities are to be excavated shall be considered as incluc in the contract prices paid for the items of work requiring the trenching and no separi payment will be macle therefor. When there are no separate contract items for material necessary to complete a unit of I irrigation system, such materials shall be furnished and installed. Full compensation furnishing and installing such materials shall be considered as included in the contract pr or prices paid for the the inigation system requiring said materials and no additioi compensation will be allowed therefor. The above prices and payments shall include full compensation for furnishing all lab materials, tools, equipment, incidentals, and for doing all the work involved in instal3 the irrigation systems, completed in place, as shown on the plans, as specified in tht specifications and as directed by the Engineer, including any structure excavation, structi backfill, and water involved. 2/16 @ m e I) ... i .L - t-PO ,. 4. ,I .- .> I 6 E < August 18, 1995 Tarzian Landscape Construction 2736 Madison Street Carlsbad, CA 92008 RE: BOND RELEASE - CONTRACT NO. 3401 - REPAIRS TO MITIGA'I LANDSCAPING FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTl The Notice of Completion for the above-referenced project recorded. Therefore, we are releasing 75% of the Performance Bc Please consider this letter as your notification that $86,053.51 Washington International Insurance Co. Performance Bond No. S-: 7842 is hereby released. A copy of the recorded Notice of Completion is enclosed for ]I records. 8*Ti Assistant Cit lerk Enc. c: Engineering Construction Inspection 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-: Recording requestecl uy: 1172 - @I 1 &- CITY OF CARLSBAD 1 1 When recorded mail to: 1 1 City Clerk 1 City of Carlsbad 1 1200 Carlsbad Village Dr. I Carlsbad, CA 92008 I Space above for Recorder’s Use NOTICE OF COMPLETION Notice is hereby given that: ?. 2. 3. 4. 5. 6. 7. The undersigned is owner cf the it?teres? or est& statsd bellow i:: the piopertgi described. The full name of the undersigned is City of Carlsbad, a municipal corporation. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, Califor The nature of the title of the undersigned is: In fee. A work of improvement on the property hereinafter described was completed on Ma The name of the contractor, if any, for such work of improvement is Tarzian Landsce The property on which said work of improvement was completed is in the City of Carls of San Diego, State of California, and is described as follows: Repairs to biologic, along Palomar Airport Road, Project No. 3401, The street address of said property is Palomar Airport Road. 8. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbac 92008; the City Council of said Ciry on Sune 6 , 192, azc2p:ed the abo;r2 des as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 14, , 19% at Carlsbad, California. ---- KAREN R. KUNDTZ, Assistant i 3 , ’ .py$;.”-*-f e W - <,:- I. e, - L I /....