HomeMy WebLinkAboutTB Penick & Sons Inc; 1984-02-24; 3141WRITE dbON'T SAY IT INTER- iRTMENT MEMOR
TO Eng. Dept. DATE 8-4 19 86
Muni. Projects
Re: Bond Release - Contract No. 3141 - Alga Road Improvement
T.B. Penick
Our records indicate that it is time to release the remaining
25% of the Faithful Performance Bond for the above referenced
contract. However, we need your authorization to release.
Please norify us whether we can release, or should retain the
bond.
Thanks.
Karen K.
Deputy City Clerk
REPLY ON THIS SHEET FROM
WILMES SERVICCUNZ
\
lITE IT-DUA’T SAY IT INTER-DEPARTMENT MEMORAND
AM
TO E-. c;v sd&@,!L DATE 2-24 19 86 P 1\N
Re: Bond Release for Contract No. 3141 - T.B. Penick
It is time to release the Labor & Materials Bond for
the above contract.
Need your authorization to release, or need notification to
continue holding the bonds.
Thanks.
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Karen
Deputy City Clerk
FROM ‘v@-r r g_r ,ic”
R REPLY ON THIS SHEET
STANDARD INTER DEPT. ME 0 FORI 1 W LWER SERVICE &NE
F *
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS & SPECIFICATIONS
for
ALGA ROAD IMPROVEMENT
BETWEEN
EL CAMINO REAL & EASTERLY OF ALICANTE
c *
CONTRACT NO. 3141
November, 1983
e
Q,
1200 ELM AVI
SERVICES CARLSEAD, CA 9
DEVELOPMENTAL
(619) 438-5:
0
OFFlCE OF THE CITY ENGINEER
Gltp of Carle’bab
December 12, 1983
N 0. 1 ADDENDUM -
ALGA ROAD IMPROVEMENTS
CONTRACT NO. 3141
The following items have been omitted from the above
contract:
Bid Schedule No. 1:
Item No. 9 * Item No. 10
Item No. 39
Item No. 40
Please note that the Engineer’s Estimate was calculated
without the above items.
( Br g$gz-
PAT ENTEZAR
Project Engineer
PE:hrnj
8
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 91 DEVELOPMENTAL SERVICES
&/NEE RING DEmR TMEN T (619) 438-5529
Qitp of Car1rJ;batl
January 3, 1984
ALGA ROAD IMPROVEMENTS
CONTRACT NO. 3141
ADDENDUM NO. 2
The following corrections have been made to the above contract:
1.
2. Add the attached sheet (1) to your Contract package.
The Bid Opening has been postponed to January 9, 1984, at 2:OO PM
If this sheet was included in your Contract package, please discard the attached sheet (1).
3. Add the attacfted Hydroseeding Specification Sheet 59 to your Contr, package.
4. Add an additional Bid Item to Page 9 of B<id Schedule (1) as followi
42. Unclassified Fill 20,700 C.Y.
5. On Page 9, after Bid Item 42: m
ADD : Total Amount of Bid (Schedule No. 1) in words
ADD: Total Amount of Bid (Schedule No. 7) in numbers
6. On Page 11, revise the wording on Bid Totals as follows:
Total Amount of Bid (Schedule No. 2) in words CHANGE: Total Amount of Bid in words. TO : AND CHANGE: Total Amount of Bid in numbers. TO: . Total Amount of Bid (Schedule No. 2) in numbers
7. On Page 8 of Bid Proposal Item No. 4:
CHANGE: 6" irlinus Rock
TO: 3" Minus Rock 439s
PAT ENTEZARI a Project Manager
PE:hmj
Attachments
0 TABLE OF CONTENTS
PAGE - ITEM -
BIDDING INFORMATION
1
2
NOTICE INVITING BIDS
INFORMATION FOR BIDDERS
DOCUMENTS TO BE EXECUTED BY BIDDRU
8
13
14
PROPOSAL
BIDDER'S BOND TO ACCOMPANY PROPOSAL
DESIGNATION OF SUBCONTRACTORS
BIDDER'S STATEMENT OF
FINANCIAL RESPONSIBILITY
BIDDER'S STATEMENT OF TECHNICAL
ABILITY & EXPERIENCE
16
17
DOCUMENTS TO BE EXECUTED BY SUCCESSFUI, BIDDER
0
CONTRACT HZ&
24
26
LABOR AND MATERIALS BOND
PERFORMANCE BOND
GENERAL AND SPECIAL PROVISIONS
28
35
GENERAL PROVISIONS
SPECIAL PROVISIONS
0
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
a
Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbadl, California, until 2:OO PM on the 4th day of JANUARY , 1984 at whic time they will be opened and read for performing the work as follows :
ALGA ROAD IMPROVEMENT
CONTRACT NO. 3141
Multiple Bid Schedules. The Construction of street improvement
along Alga Road has been divided into two separate bid schedule:
Potential bidders must submit bids for each of the two schedule2
The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the
City of Carlsbad on file in the Engineering Department. "The
Standard Specifications - for Public Works Construction", and certain portion of "Geotechnical Investiqa-ion ---- for La Costa Ma Roads", and by this reference incorporated herein and made a pa~
hereof.
The documents which must be completed, properly executed, and notarized are:
1. Proposal 2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience
All bids will be compared on the basis of the Engineer's estima.
The estimated quantities are approximate arid serve solely as basis for the comparison of bids. The EngiLneer's estimate is:
BID SCHEDULE NO. 1: $ 850,000
BID SCHEDULE NO. 2: $ 150,000
No bid shall be accepted from a contractor who has not been
licensed in accordance with the provisions of State law. The
contractor shall state his or her license number and classification in the proposal.
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Plans, Special Provisions and contract documents may be obtaine at the Engineering Department, City Hall, Carlsbad, California, for a nonrefundable fee of $25 per set,
The City of Carlsbad reserves the right to reject any or all bi
and to waive any minor irregularity or informality in such bids
The general prevailing rate of wages for each craft or type of
worker needed to execute the contract shall be those as
determined by the Director of Industrial Relations pursuant to
the Sections 1770, 1773, and 1773.1 of the California Labor Cod
Pursuant to Section 1773.2 of the California Labor Code, a
current copy of applicable wage rates is on file in the Office
the Carlsbad City Clerk. The contractor to whom the contract i
awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the
execution of the contract.
The prime contractor shall be responsible to insure compliance
with provisions of Section 1777.5 of the California Labor Code,
The provisions of Part 7, Chapter 1 of the California labor Cod
commencing with Section 1720 shall apply tal the contract for work.
0 Bidders are advised to verify the issuance of all addenda and
receipt thereof one day prior to bidding. Submission of bids
without acknowledgment of addenda may be cause for rejection of
bid.
Bonds to secure faithful performance of the! work and payment of
laborers and materials suppliers each in an amount equal to 100
percent of the contract price shall be required for work on thi
project.
Approved by the City Council of the City of Carlsbad, Californi
by Resolution No. 7s/a a- , adopted on the (D f4 day
of -. *r 19 s3 -
I I7;R 3 / 4 I?- Date Aletha L. Rautenkranz, Cit$ Clerk
a
INFORMATION FOR BIDDERS 0
REGARDING PREPARATION OF PROPOSALS
The Bidder shall prepare his Proposal and E3ond as therein provided, and failure to do so may be cause for rejection.
PREPARATION OF PROPOSAL FORMS
Preparation: The City invites proposals on the forms attached, to be submitted on or before the time and place set for the opening of bids in the published "Notice Inviting Bidders". Proposals not presented on forms so furnished, will be
lisregarded.
The Proposal forms are contained herein, together with the Notic Inviting Bidders, Agreement and Special Provisions. Neither thc Proposal forms nor any other portion of these documents shall bc
detached therefrom. The Proposal shall set: forth for each item
of work, in clearly legible figures, an item price and a total
for the item in the respective spaces provided in the Bid
Schedule, and shall be signed by the Bidder, who shall fill out
all blanks in the Proposal forms as therein required.
The Proposal must be executed in accordance with the instructioi contained on the forms provided. If the bidder is an individua or a partner, the signature on the Proposalt and the bid bond mu:
be the same as the name of the bidder shown on other parts of these forms, (showing the name as "J. E. Doe" and the signature as "John E. Doe" may be considered as an irregularity.)
Modifications of the Submitted Proposal: Modifications, change< or additions to the Proposal may be considered an irregularity. Erasures or corrections in preparing the bids must be initialed by the person (SI signing the Proposal. Alternative proposals will not be considered unless called for.
Examination of Plans, Specifications and Site: - The bidder shal
satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the
requirements of the proposed contract. Attention is directed ti
certain portion of the "Geotechnical Investigation for & Costa Major Roads", specifically the "Specific Conclusions and Recommendations" for "Alqa Road West" (Sta O+OO to 32+00). The recommendation and specifications presented in the above mentioned report are incorporated into the project design and construction practice.
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3
DOCUMENTS SUPPLEMENTING THE PROPOSAL
0
Bid Guarantee: Each bid shall be accompanied by a certified or cashier's check, or a bidder's bond in the amount of not less than 10 percent of the maximum amount of the bid, the check or bond made payable to the order of the City of Carlsbad. Said check or bond shall be given as a guarantee that the bidder will within twenty days after being requested to1 do so by the City, enter into a contract and provide the required bonds if awarded
the work; if the bidder to whom the work has been awarded and tc whom the request has been made refuses or fails to enter into said contract and provide the required bonds within the specifie time the check shall be forfeited to the City, or the principal and surety on the bond shall be liable to the City for the principal amount thereof in accordance with1 its terms. If the lowest responsible bid is not accepted by the City within forty-five (45) days after the time set for the opening of bids, or if the bidder to whom the contract is awarded executes and delivers to the City the required contract documents, the amount
of the certified or cashier's check will be! returned to the
bidder. Attention is directed to the requirement noted on contract bonds that the Attorney-in-Fact at.tach a certified cop] of the Power of Attorney.
0 Desiqnation of Subcontractor: The Bidder must complete this foi
at the time of submitting the Proposal. If no Subcontractors ai to be designated, enter the word "NONE".
AMENDMENTS AND INTERPRETATION OF CONTRACT
Addenda and Interpretations: The City will. not be responsible for any oral interpretation of the meaning of the plans, specifications, or other prebid documents. Every request for
such interpretation should be in writing addressed to City
Engineer, City of Carlsbad, 1200 Elm Avenue, Carlsbad, California, 92008, and to be given consideration must be receivc at least ten days prior to date fixed for t-he opening of bids.
Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified ma:
with return receipt requested to all prospective bidders (at thc
respective addresses furnished for such purposes). All addenda so issued shall become part of the contract: documents.
0
4
0 Interpretation of Estimated Quantities: An, estimate of
quantities of work to be done and materials to be furnished undc
these specifications is given in the Proposal and/or shown on tk
Construction Plans or Special Provisions. It is given only as i
basis for cemparison of proposals and the award of the contract,
The City does not expressly or by implication guarantee that the
actual quantities involved will correspond exactly therewith, Payment to the contractor will be made only for the actual quantities of work performed or materials furnished in accordanc with the plans and specifications.
Withdrawal or Revision of Proposals: A bidder may withdrawal 01 revise (by withdrawal of one proposal and submission of another: a proposal provided that the bidder's request for withdrawal is
received by the Clerk in writing before the time specified for opening bids. Revised proposals must be submitted as specified herein. The request for withdrawal shall be executed by the bidder or his duly authorized representative. Proposals that
have been withdrawn, or received after the time specified for opening bids shall be returned to the bidder unopened.
DiSqUalifiGatiOn of Bidders: A bidder shal.1 be considered disqualified for any of the following reasons:
(a) Submitting more than one proposal. from the same part- nership, firm or corporation under the same or differ. en t name.
( b) . Evidence of collusion among bidders. Bidders participating in such collusion shall be disqualified as bidders €or any future work of the owner until any such participating bidder has been reins.tated by the owner as a qualified bidder. (c) Proposals in which the contract prices obviously are unbalanced.
0
A person, firm, or corporation may submit a sub-proposal to mor( than one bidder, or may submit sub-proposals in addition to submitting a proposal as bidder, without being disqualified.
Relief of Bidder: If the bidder claims a mistake was made in h bid, the bidder shall give the City written notice within five
(5) days after the opening of bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. Relief will be granted only for clerical errors and at the City
discretion.
Rejection of Proposals: Proposals may be rejected if they show
any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.
0
5
0 When a proposal is signed by an agent other than the officer or
offiers of a corporation authorized to sign contracts on its
behalf or a general partner of a partnership, a "Power of
Attorney" must be on file with the City Clerk prior to opening
bids or shall be submitted with the proposal.
AWARD AND EXECUTION OF THE CONTRACT
The contract (SI will be awarded to the lowrest responsible bidde under the bid schedule or schedules of the proposal, complying
with all other contract documents.
The City Council reserves the right to reject any irregular proposal and the right to waive technicalities if such waiver i: in its best interest and conform to local laws and ordinance pertaining to the letting of conctruction contracts. Further,
the City Council reserves the right to accept any schedule or ar combination of schedules within a bid if such selection is in it best interest. Award of contract(s1 may or may not represent ir lowest price combination of proposed bids. Where separate contracts are awarded for different schedule of work, "The Con-
tractor" in the contract documents, in each case, shall be the contractor who signs each separate contract..
Execution of the Contract: The contract shall be signed by the successful bidder in duplicate counterpart and returned, togethe
with the contract bonds and insurance, within 20 days of receipt of these documents from the Clerk of the City. No contract shal be binding upon the City until same has been completely executec by the contractor and approved by the City Council, and the Cit!
Clerk.
Failure to execute a contract and file acceptable bonds and insurance as provided herein within the time limit above may be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
0
Cancellation of Award: The City reserves the right to cancel tl award without liability to the bidder, except return of proposa:
guaranty, at any time before a contract has been fully executed by all parties and is approved by the City.
Payment Bond: The separate surety bond as security of all persons performing labor and furnishing materials in connection with this contract will be as specified by Chapter 5 (commencinc at Section 3225) and Chapter 7 (commencing at Section 32471,
Title 15, Part 4, Division 3, of the California Civil Code. Thc aforesaid bond shall be satisfactory to, arid on the forms provided by the City.
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Worker's Compensation Certificate: A "Contractor's Certificate
Regarding Worker's Compensation" is included as part of the
contract documents, in accordance with the provisions of Sectio 1860, 1861,-and 3700 of the Labor Code. T'he Contractor must complete this certificate before commencing the performance of the work of this contract.
Documents to be Executed by the Successful Bidder: The bidder' attention is directed to the contract docui~ents, which contain all the documents the successful bidder sheall execute.
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a
7
CITY OF CARLSBAD
CONTRACT NO. 3141
PROPOSAL
a
City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
The undersigned declares he/she has carefulLly examined the
location of the work, read the Notice Inviting Bids, examined tl Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3141 in accordance with the Plans and Specifications of the City of
Carlsbad, the Special Provisions, and the Standard Specificatioi
for public works construction, and certain portion of Geotechnical Investigation for La Costa Ma:jor Roads, and that he/she will take in full payment therefor the following unit prices for each item complste, to wit:
Bid Schedule No. 1
0
TJni t Item
m
s""
8
0
0
42 UMLKWY~ flu Jqpo CY a fk /7,545- O0
%TAL A% r OF d,6(scX€&Ki5 /)/.t/k.)O.ea .-
&, d&L%Jf/ d /v?d Lo +&i%td d&& J %(Ai AT- OFB/O Ji%?%zf(-€ / /dJQ.W
0
d 92,09 7'
9
BID SCHEDULE NO. 2 0
0
0
10
Landscape (Hy-
droseed 1 4.2
Trench Shoring
& Safety ~ump Sum 24
25 3/8" Aggregate Filter Blanket 2.2
26 3/4" Aggregate Filter Blanket 7.4
27 Sand Bedding 3.7
vert Wingwall; D-79 1
0 23
28 Mod. BOX Cul-
Ms f / 75, oa 73St 00
85D. oa fG*OD
&. oa 222.00
40,tIs gx Od c.y.
C.Y.
c.y 26.00 I//. 00
kDo.00 &id. D a ea.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unj price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of
an error in-the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected
totals.
The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.
The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bonds accompanying this bid shall become the property of the Ci' of Carlsbad.
Licensed in accordance with the Statutes of the State of California providing for t e re istration of contractors, Licen:
The undersigned bidder hereby represents as follows:
No.)%3%\ Identification k &c*7
1. That no Councilmember, officer, agent or employee of tl
City of Carlsbad is personally interested, directly or
indirectly, in this contract, or the compensation to bl paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form t contract and the papers made a part hereof by its term and
a
2. That this bid is made without connection with any
person, firm or corporation making a bid for the same work, and is in all respects fair and without collusio
or fraud.
Accompanying this proposal is
(Cash, Certified Check, Bond or Cashier's Chec in an amount of not less than ten percent (10%) of the total bi price.
3m r3-b
0
12
0 The undersigned is aware of the provisions of Section 3700 of tk Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake
self-insurance in accordance with the provisions of that code,
and agrees to comply with such provisions before commencing the
performance of the work of this contract.
The undersigned is aware of the provis;,ns of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to
the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions.
1 9 - 3%- 3 0 4 b T. B. PEhIlCK 8; SONS, 1%
Phone Number Bidder I s Name 27 _. -
bePoRIM70 d
u.h r zed Signature WAY& 4’. $YERS Date
VICE PRESIDEXT & TREASURER bm Qrlzg Aut-horized Signature
Type of Organization (Individual, Corporatioi
a %L0:bMOL
Bidder’s Address
Partners hip 1
List below names of President; Secretary; Treasurer; and Manage: if a corporation; and names of all partners, if a partnership:
7lLmR3L.O C4ItL, iDm’i-4 EdGR
I \Nkl‘h)ER MK==; V# PL€S ;T&&L-{S€.t=.
8
< (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY
ALL PRINCIPALS MUST BE ATTACHED) 1
1 (CORPORATE SEAL)
0
13
t
the undersigned Notary Pub1 ic, personally appeared
known to me to be the person(s) whose name(s)
executed the same for
I s SUI
&55rn75&f2L, &:-J&L -, . -, .
OFFtClAL SEA1
EXPIRATlON DATE AND ADDRESS OF NOTARY
e purposes therein contained.
SIGNATURE. JUR!SDICTION. EXPIRATION DATE AND ADDRESS OF NOTARY PI
c . I a i 1 ss: STATE OF C AL I FO RN I A,
COUHTY OF SAN DIEGO ,
191 On this 4TH day of JANUARY
before me CHERYL M. PERRY I personally appea
me (or proved to me on the basis of satlsfactor~lr evidence) to be th
person whose name la subscribed to this lnstmmt as the attorney
ra
thereto, and his (her) own
in the year -' -
71 personally known
- LUMBERMENS MUTUAL CASUALTY COMPAtlY
me as attorney in fact.
Given under my hand and Notarial Seal this - L'TH day
JANUARY s A,D. 19 84
My commission expires
&h*i%Q C
A%vP&-
NO
t4OTfAY "U8L!2 - WlFOfiNIA
* PRINTED PCI YOIT I CEKE iY
MI4 SEGO COLJI\TY : 884 12-92 500
My Comrniss:oa Ex:, h'av 15. 1985
5-
9%
BIDDER ' S BOND
a
KNOW ALL PERSONS BY THESE PRESENTS:
-, as Principal, and That we,
firmly bound unto the City of Carlsbad, California, in the sum
Dollars
nil:ed State for the
payment of which sum well and truly to be inade, we bind ourselves, jointly and severally, firmly biy these presents.
_T, B. PENICSI & SOh!S, INC.
L U fd E ER M E K S M i: T 3 AL CAS U ALTY CO M PANY , ais Surety, are held an
1- r- i- r
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounded iprincipal for:
ALGA ROAD IMPROVEMENT
in the City of Carlsbad, is accepted by thl3 City Council of sai City, and if the above bounded Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of
contract by the City Council of the City oiE Carlsbad, being dul notified of said award, then this obligation shall become null and void: otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forefeited to the said City.
In the event any Principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond.
IN WITNESS-WHEREOF, we hereunto set ur hands and seals this d
@
5
a L - day of JAAAYA~\~ ,19E 9 .
I Corporate Seal (If Corporation)
Pr incipal . LLI ..- !%.e55
/ WMNE ry. MYERS
VICE PPESIDR3T & mR
1 (Notarial aclcnowledgment of execution by all PRINCIPALS and SURETY must be attached. 1
i *Attach acknowledgment of Attorney in Fact)
*The Attorney-in-Fact must attach a certified copy of Power of 0
Attorney
11
!I LUMBERMENS MUTUAL CASUALW COMPANY
POWER OF ATTORNEY
.Know All Men By These Presents:
Home Office: Long Grove, IL 60049
That the Lumbermens Mutual Casualty Company, a corporation organized and existing under thc State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * * * * * * *
Francis E. Smith; Elden B. Yeck; Beverly A. Pangrazzi; .,Louise H. Peper; all of** sari ~i~~~, California (EACH)***XX*****************X********************
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the I ningwith the date of issuance of this power and ending December 31, 1984, unless sooner rev
on its behalf as surety, and as its act and deed: Any and all bondrs and undertakings. *xx**A
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or under guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order t such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Lumbermens MI.Jtual Casualty Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding u Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the sar
duly executed and acknowledged by its regularly elected officers at itij principal. office in Long Grov
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors ermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate cc @! hereinafter set forth and is hereby certified to by the undersignc2d Secretary or Assistant Secrei in full force and effect:
"VOTED, That the President or any Vice President or Secretary or any A,jsistarlt Secretary shall have power
to appoint agents and attorneys in fact, and to authorize them to execut13 on behalf of the company, and i
of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings ob
nature thereof, and any such officer of the company may appoint agents for xceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the solution adopted by the Board of Directors of the company at a meeting duly called and held on
"VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Se pany, and the certification by any Secretary or Assistant Secretary, may lie affixed by facsimile on any pov executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such powt sealed and certified with respect to any bond or similar undertaking to wt,,ich it is attached, shall continue t binding upon the Company."
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to b
its corporate,seal to be affixed by its authorized officers, this
Attested, and Certified: LUMBERMENS MUTUAL CASUAL
., of May, 1975:
13t.kday of October
*,,"' e.,* @ By ,gy fd
d
A/*- -
i R.H. d?L Johnson, Secretary
STATE OF ILLINOIS ss
I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson person
me to be the same persons whose names are respectively as Vice President and Secretary of the Lumt tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrume before me this day in person and severally acknowledged that they being thereunto duly autho ealed with the corporate seal and delivered the said instrument as the free and voluntary act of I
C. H. Kasbohi
I COUNTY OF COOK I
@!ion and as their own free and voluntary act for the uses and purposes therein set forth. p,**
&/A $+Dl,. *;\"
,\%sL\c:: ., ..-/.: %,,, d _. Genevieve B. HI
PR
My commission expires: May 5, 1986
FA836.2 8-82 IM
Power of Attornev-Term
CERTIFICATION
I, Sven L. johanson, Secretary of the Lumbermens Mutual Casualty Cctmpany, do hereby certify that
Power of Attorney dated October 13, 1982 on behalf ot-ZEe-69Le:
___. -is a true and correct the same has been in full force and effect since the date thereof arid is in full force and effect 01 this certificate; and I do further certify that the said C.H. Kasbohm and R.H. Johnson who ' Power of Attorney as Vice President and Secretary respectively were on the date of. the executi
tached Power of Attorney the duly elected Vice President and Seczretary of the Lumbermens Mi
Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal o
*j a
mens Mutual Casualty Company on this 4TH day ofJANUAI'IY -, 193.L..
-7 @ -*'..*, .;+ &*
*., %>,!2
SLen L. J(
This Power of Attorney limits the acts of those named therein to the. bonds and undertakings spec
therein, and they have no authority to bind the Company except in ,the manner and to the extent
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (.J12) 540-2000, CONTRACT BONC
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS, 60049.
e
8
0
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the
following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. N changes may be made in these subcontractors except upon the pri
approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required:
Items of Company Address Phone No
Work Name w/Zip Clode w/Area Cod
Full Complete
6hdie A. &wry* 6w;G
ASPWT *Pw&Rp @/e> 783-2
LkA0,AfC KIdfihVQ C;3d. 7$4-02/
< 6
a
le
0
DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to provide the following information on the subbi
of all the listed subcontractors as part of the sealed bid
submission. Additional pages can be attached if required.
Type of State Carlsbad Amount
Contracting Business of Full Company Name License & No. - Lilzense No.* Bid($ or
/6 2 - +& .B&L-&V &Rp - - &@M 6ud1~
- - %A bm
-4h4LL- -
a -
231; 377 - -* -
-
_.
*Licenses are renewable annually by January 1st.
license indicate "NONE".
submission of signed contracts.
If no valid Valid license must be obtained prior
T. B. FENICK & SONS, IhiC-
Bidder Is Coml?any Name
GB&s Cyplet Addres
(Notarize or 70 bOL84>!
0 , k %t\od Corporate Seal 1
Authofized i n ture YNE R.%W *. .... -
VI!& PRZSIDEIIJT & TfZEASURER *- < ~
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16
4D
BIDDER'S STATEMENT OF FINANCIAL RE:SPONSIBILITY
\
The undersigned submits herewith a notarized or sealed statemer of his/her financial responsibility.
IJ.hQ Did4 Laeur-Re,-lpA- kb r u&
-.
0
/
W&"E R. MYEXS
(Notarize or Corporate Seal 1 VICE PRESIDEST & 'J!BEMW
Lr*
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17
a
T, Be PENICK AND SONS, IhiC.
REm ON EXAMINATION OF FMCINr -
FOR 'BE YEARS ENDED JUNE 30, Mi3 AND 1982
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T. B. PENICK AND SONS, IN. a
TABLE OF CCNTEXE
page
WDITOR'S REH)RT
FINANCIAL -
Balance Sheet 1
Statement of Earnings and Retained Earnings
Statement of &anges in Financial Position
Notes to Financial Statements 4-
. A
0 -SCHEDULES
schedule of Cost of construction 9
Schedule of Direct Costs 1c
Schedule of General and Aliministrative Expenses u
0
Richard W Ma(
David R Hi(
Charles J Coral
EruceA Her accountancy corporation R Ted MI
MACHES AND BAUGHMAN
certified public accountants American I
Certified Public Ac
California
Certified Public AC
Western As(
Accoun
* v
Beard of Directors and Stockholders T. B. Penick and Sons, Inc,
San Diego, Gdifornia
We have examined the balance sheet of T, B, Penick and Sons, Inc., a June 30, 1983 and 1982, and the related statements of earnings and ret earnings and changes in financial position for the years then ended, examination was made in accordance with general1i.y accepted auditing stan and, accordingly, included such tests of the accounting records and such c auditing procedures as we considered necessary in the circumstances.
In our opinion, the aforementioned financial. statements present fair11 financial position of T. B. Fenick and Sons, Inc., as'of June 30, 1983 and and the results of its operations and changes in financial position foI years then ended, in conformity with generally accepted accounting princ applied on a consistent basis.
6 %e financial statements referred to in the foregoing paragre are set for. pges 1 to 8, inclusive, of this report, Our examhation was made primarilj the purpose of expressing an opinion on these basic financial statanents, as a whole. %e data included in this report on lpages 9 to 11, althougl: considered necessary for a fair presentation of financial position, resul operations and changes in financial position, i/s presented primarily supplemental analysis purposes. This supplementary information has subjected to the audit procedures applied in tho examination of the b financial statements and, in our opinion, is fairly stated in all mate respects in relation to the basic financial statmits taken as a whole,
MAQIES and BWGHMAN
July 29, 1983
a
2667 Camino del Rlo South. Suite 311 San Diego. California 92108 (619) 291-7150 -
a
T, Bs PENICK AND SCNS, INC:.
BAtANcE SREGT 0
e
T. BO PENICK AND SmSI mCm
BAIJINCE SREET e
ASSEXS - 1983 198:
CURREMl ASSETS $ 13,535 $ 159 - 150 cashinbank Cash in bank-rtificate of Deposit Accounts receivable 421 I956 436 %tentions receivable 117,357 142
~nccane tax refunds receivable mloyee r eceivables 8 I 015 5
Depsits and other assets 6,505 7
Notes receivable-current 61.437
Total current assets 679,673 900
Transportation equipnent 211 , 018 222
Construction equipent 222 I137 239
Office furniture and equipnent 87.676 87
520 I 831 548
~ess accumulated depreciation 387.903 342
132,928 206
Cash surrender value-officers life insurance 26 I 644 22
Notes receivable-long-term 400.000 400
426,644 421
$1 I 52s
45 , 897
work in progress 4 I 971
* PROPERTYI PLANT, AM)EQu=
mm ASSETS
_I_
$1 I 239, 245
.;
See notes to financial stataumts,
T, Be PENICK IIND mSr INC,
EaLANa3 SEEET e
LIABILITrn z4m s!ImXHc?LDm' E?2uITY - 1983 2
A~~ountS payable $ 168,443 $ 162, Retentions payable 81 , 917 55 I
Accrued expenses 17,546 62 1 18, 70 1 Current maturities of long-term debt 45,572 16,
Total current liabilities 313.478 385,
Notes payable to stockholders 68 r 684 93 4 Notes payable-Bank (less current maturities) 30.324 45
99,008 139
mFERRED GAIN CN SALE OF REAL FROPEXt!IY 327.274 327
SIDCKHQDERS' EQurrY
CURREm LIABILITIES
- mame taxes payable prof it-sharing antribtion payable e
LmG-TEw m3T
a
Common stock; $10 par value 20,000 shares authorized, 4,500 shares issued and outstanding 45 , 000 45
Additional paid-in capital 22,543 22
Retained earnings 431.942 609
499.485 677
$112391245 $1,529 -
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qp CenlflRI 2:::: DUM
1
T. B. PENICR AND SmS, INCu
SfATEMENT OF EARNINGS AND RGllAINED FAFWIKS *
3 19831982
REvmuE FR(3M mmam $2,970 rl12 $31404,
CaST OF CQNSmCI’IoN 2.812.736-
GENERAL AND AI”ISTRA!l!IVE EXPENSES 469.670706,
mss frm operations (312,294) (221
Earnings (loss) before inccwe taxes (2ll , 893) 831
o24,
Net earnings (loss) (1771893) 58 1
609.835550,
$ 609, m EARNINGS, end of year $ 4311942 -
Gross earnings * 157,376 684 I
0 lllTEWmrnrn~ 1oo.401105,
PRWISICN FOR (RECCNERY OF)
m EARNXS, beginning of year
IN- ‘IIAXES
-
e
Uqp :z::: cenllled DUM
See notes to financial statenents 2
T. Be PENICK AND SCNS? INC.
SllATEMEMt OF mES IN FINANCIAL POSITION a
a 1983 -2%
Net earnings (loss) $(177,893) $ 581 SCURCE OF EUNlX
Item not affecting working capital: Depreciation and amortization 73 r14.l 78,
Loss (gain) on sale of assets (4.923) 2
moceeds fran sale of assets 9 1593 3, Proceeds fran long-term debt 60 1000 69 4 proceeds frm surrender of life insurance - 10
0 220
Funds provided from (used by) operations (1091675) 137 1
APPLICATION OF EUMDS Additions to property, equipnent? and
Increase in cash surrender value of officers'
Current installments and reduction of
improvements 41554 40
life insurance 4 1562 12
long-term debt 100.424 144
109.540 3.3
$ 57 -- d - Increase (decrease) in working capital $ (149? 622)
a
CXANGm IN ImRKING CAPITAL mcrease (decrease) in current assets:
cash $(2951980) $ 136 Receivables 81890 ( 34
( 20 Prepaid taxes Work in progress 4 1 971 (1 Deposits and other assets (521) 3
Notes receivable--current 61.437 -
-Giudxm 83
-
~ncrease (decrease) in current liabilities: Accounts and retentions payable 32r324 30
Accrued expenses (44 r756)
Prof it-sharing plan contribution payable (70 1000)
Incame tax payable (18,414) ia
Notes pyable-current portion 29,265 (22
(71.581) 26
$ 57 - Increase (decrease) in working capital $ (149,622) 0
Uqp 2%::: certlfled pub See notes to financial statements. 3
To B. mIcK AND SCNS, mN(L
NOTES TO FINANCIAL -ITS
JUNE 30, 1983 AND JUNE 30, 1.982 0
1, SUMMARY OF SIGNIFICANT A-ING =ICES
Revenues on the contracts are recorded on the percentage of complet method, measured by the units of work perforined per the terms of individual contracts. Cost of construction mclude all direct mater labor, suboontracts, related indirect costs, and all other costs relatec contract performance.
property and equipnent are stated at cost, Depreciation is computed by straight-line and declining balance methods over the estimated useful 1 of the assets which range f ran two to ten years . Depreciation chargec operations for the years ended June 30, 1983 and 1982, is $73?141 $78,936? respectively.
The Corporation follows the policy of direct writeoff when an accoun determined to be uncollectible, Based upon past experience and subseq collections, it is management's opinion that all accounts are collectible
Incane taxes have been provided for based upon tile effective federal in tax rates and the statutory rate for California franchise tax. Inme credits are accounted for by the flow-through method which recognizes credits as reductions of inme tax expense in tine year utilized. @
2. N3TEsRExxIvABLE A 198315 Note receivable--Thomas L. Penick and Wayne R. Myers, sole stockholders of the Cmpanyr unsecured, non-interest bearing, payable on demand,
%anas L. Penick $28 , 769 $ Wayne R. Myers 22,103
Note receivable-other , unsecured, demand note with interest payable annually at 10% per annm.
Note receivable--other , unsecured, &mmd note with interest payable annually at 10% per annum.
Total notes receivable--current
1,8%
lU!s -
$61 , 437 $ 7 -
m
uy :::E certlfled pu
4
T. Be PENICK AND SaS, INC.
NMIES TO FINANCIAL SIXEMEWE
JUNE 30, 1983 €ND JDNE 30, 1982 0
2, NYTESRECEIVABLE (continued) - 1983 2% me following notes are due fran !&mas L. Penick and Wayne R. Myers who executed the notes as tenants in common, approximately 59% and 41%, respectively.
11-1/2% note secured by deed of trust on real property, interest payable quarterly; principal and interest payable in monthly installments of $495 beginning in April 1990; principal of approximately $42,383 plus accrued interest all due and payable in April 2005.
12-1/2% note secured by deed of trust on real property, interest payable quarterly; principal and interest payable in monthly installments of $3,735 beginning in April 1990; principal of approximately $303,045 plus accrued interest all due and payable in April 2005.
Total notes receivable-long-term $40 0,000
$ 50,000 $ 50
a
2!2uaQ 332
$400
$ -
3. NrYrEsP~-sTaxEi~
6% unsecured notes, interest payable annually, principal and accrued interest all due and payable on July 1, 1985,
%anas L, Penick $15,377 $15 3 Wayne R. Myers -
6% unsecured notes, interest payable annually, principal and accrued interest all due and payable on July I, 1987,
mamas L. penick 39,700 39 10 - Wayne R. Myers
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cenilied pub
5
To Be PmCK .PXD SCW, I".
NOTES ?o FINANCIAL s"Ts
JUNE 30, 1983 AND JUME 30, 1982 0
3 . NOTES PADBLE-SKXKEOLDERS (continued) A 1983 1!
6% unsecured notes, interest payable annually, principal and accrued interest all due and payable July 29, 1984:
%mas L, Penick $13,607 Sl.3 1 a Wayne R. Myers -
$93 1 - - $681 684
4. N3TEsPAYABm-BANK
Unsecured, with principal authorized to be advanced up to $971000. Interest pyable quarterly at 1.5% above the California First Bank moving prime rate per annum. Principal due on demand or October 231 1983 if no demand,
Secured by vehicle, payable in monthly installments of $593 including interest at
15.5% per annum,
Unsecured, principal payment in monthly installments of $1,574 including interest at 18% per annum,
$30,000 $ a
3 1 361 9
42.535 32
75,896 62
LRSS current maturities 45.572 16
$45 - - $30,324
5, PROFIFSHARING AND PENSION PLAN -
T. B, Penick and Sons, Inc., has a nonmntributoiy, trusteed profit-shai plan, The plan covers substantially all full--time, nonunion mployees have over twelve months of continuous servicle with the Company, contribution is determined annually at the discretion of the Boarc Directors, based upon a percentage of partic:lipants' compensation, contributions were charged to operations for the year ended June 30, and a $70,000 contribution was charged to operations for the year el June 30, 1982. a
up 22::
CeRlfIed puM
6
To Bo PENICK AND S(TJSr XN(L
NMlEs 10 FINANCIAL S!WENE3prS
JUNE 30r 1983 AND JUNE 30r 11.982 a
5. F'ROFPSIIARIX AND PBSICN F" (continued)
Wquent to year end the Company adopted a mney Purchase mion P me plan covers substantially all full-time employees over 22 years of
who have over twelve months of continuous service with the Coxnp Contributions are mandatory, based upn 10% of awered canpmsation.
6, LEASEOBLIGATION
Be Canpany is leasing its business facilities from the two stockholdr ?he terms of the lease call for all utilities? repairs and maintenance, insurance to be paid by the stockholder/lessors. Ihe term of this opera lease is 10 years with 3 five-year renewal options. The annual ren
subject to triennial mst of living increases with an 8% maximum incri
per year. ?he minimum annual rental commitments are as folluws:
-11-
1984 '54,252 19 85 I54 r 252
1987 I54 ?252 1988 l54,252 1989 and thereafter 90 r 420
1906 '541252 0
7, RELATEDPARTy!lBANsAcl!I(3NS
Banas L. &nick and Wayne R. Myers are the sole stockholders of T Penick and Sons, Inc. The ownership is approximately 59% and respectively,
Wing the fiscal year ended June 30r 1980r ,all the land and buildin5 the Campany (a portion of which is leased to third parties) were sold to stockholders for total consideration of $537,000. This was paid wj pranissory note from the stockholders of the Company in the amoun' $40Or0O0 and-assumption by the stockholders of a note payable to Califc First Bank in the amount of $137r000 (in which the corporation is s contingently liable) Since no cash was exchanged? the profit on the of $327?274 will be deferred until such time as sufficient principa received to warrant profit recognition under generally accepted accour principles,
0
ljJiJ? 2%::
certified Dub
7
To Bo PENICK AND SCNS, INC:.
N3TES ?o FINANCIAL SlXENE&ITS
JUNE 30, 1983 AND JUNE 30, 1982 0
8, INCDMETAXES
A reconciliation between the provision for income taxes computed by appl! the U,S. federal statutory rate and state franchise tax rate to inc before taxes and the actual provision for income taxes follows:
A 1983 2
Provision for income taxes at statutory rates ,
Federal income tax benefit from state
$ 200 $30
(3 inc~ne taxes, -
Federal tax refunds receivable resulting fran carqhack of net operating loss,
Investment tax (credit) recapture.
(35?000)
800 12
$24
After the carryback of the net operating loss for the year en June 30, 1983, the Company has available a loss carryforward approximately $30,000 which can be used to offset future federal tax
incane,
r - - isl $ (34,000)
9, aNTINGmLmILmIEs
Subsequent to the fiscal year end, the Company reached an impassc negotiations with all unions which it was sigilatory. As a result of 1: non-signatory to any union agreements, the Canpiiy may incur a liability the unfunded pension benefits of its covered employees as of the irq ate. Since the amount of future payments, if any, is subjecl neptiation and has not been finally determined, no liability has 1 reflected in these financial statements,
a
lgig :::E
Cntltfed Dub
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T. B. PENICK AND SONS, IN:.
~~SCAEWLES m
0
TO BO PENICK & sok3S, mCo
SQIEDULE OF o=xsT OF CokJSTRuCICION a
.I .A 198
DIREEI 03Srs (See pge 10) .$2.543,211 $2,369
EQCTImEm AND VHf1m BURDEN Depreciation 57,504 60 I
Registration fees 3,555 3,
Insurance 9,107 8, Gasoline and oil 4 r 360 51 Repairs and maintenane .35,548 26,
.110,074 104,
REPAIR SHOP BURDEN Yard 13Oys 38,326 39 1
small tools and supplies 6,161 71
Worker's ccrmpensation insurance 1,197
49.189 50,
0 payroll taxes 3 1505 3,
INDIREcr aXT5 Unabsorbed field labor 16 r 090 20 1
Payroll taxers 3 , 095 1,
Worker's ampensation insurance 993
Gasoline and motor oil 26,781 34
small tools 2.679 .I
110.262 2
supervision and planning 36,040 105,
supplies 24,584 29
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$2,812,736 $2,719 -- -
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qp 2E:R
CemilBdouMI
9
To Bo PENICK AND SmSq IN2o
SCEEDUU OF IDIRECTT o(=ciTl3 0
s --xBL- 198
Field payroll - u LABQR
MATERIAts AND SERVICES Material and services 560 1 031 705 Performance bonds 17,390 14 Quipnent rental 71,980 51
Bond discounts and incidentals Field utilities 141180
-2Zdi9L 6
761.272 777
sm-cmmAcTaRs 1,207.564 928
Union benefits 90 1 194 109 Payroll taxes - direct costs 371065 46 Worker's canpensation insurance 13,418 8 Liability insurance 6.056 2 a 173
0D-m BURDEN e
$21369 - Total $21543 1211
0
uqp :::E:;
certified Dublu 10
To Bo PEMCK AND SCXSr INC.
SQIEDULE OF GENERAL AND ACMINIsmrln EXPENSES 0
a A 198
$ 971772 $211 1
51 1 838 47 I 55 1 008 46 1
2,440 30 1 13 1322 141 391677 38 1 21,617 16 1
r 7,826 101 81140 61
111243 101 16 1 561 21 12 1 691 91
7,275 9,
259 41 151637 181
17 1 249 14 1
341 6 1 537 31 3,999 31
14,896 191
57 1 160 591 8.523 4.1
Officers I salaries Office salaries &kinator 's salaries Bonuses
Payroll taxes Insurance Insurance-of f icers Office supplies Tele@one and utilities
Autanobile expense Repairs and maintenance Advertising and pramtion mes and subscriptions
Depreciation Professional services
Bad debts - Ccanputer services
Taxes and licenses Interest
Rent
Miscellaneous
0 Donations
70 11 Prof it-sharing plan -
$469, 670 $706,1 -
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MACHES Ah kcountancy u: w Cwttfled DUblC a
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BIDDER ' S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The bidder is required to state what work of a similar charactei to that included in the proposed contract kie/she has successful:
performed and give references, with telephc~lne numbers, which wi: enable the City to judge his/her responsibility, experience and
skill. An attachment can be used if notarized or sealed.
Date Name and Name and Phone Elo. Contract Address of of Person Type of Amount (
0
- PIIAm W .I w ture
JICE PRFSIDEIiT & TP3ASUREE (Notarize or - i Corporate Seal)
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WORKERS' COMPENSATION CERTIFICATE 0
Contractros Certification of Awareness of Worker's Compensation Respons i bil i ty .
"I am aware of the provisions of Section 27100 of the Labor Code which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the
work of this contract.
T. B. PENlCK 12 SONS# !Na
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WAYNE R. MYERS Contractor
~ICF, PRXSIDEX!~' 2c 'l'l?USW
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CONTRACT - PUBLIC WORI(S -
sfy,'h day of L h This agreement is made this
19 gq., municipal corporation (hereinafter called "City") and
T. B. PENICK AND SONS INC.
a CONTRACTOR
whose principal place of business is - S14N DIEGO, CA
v ontractor .
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all worl
by and between the City o ail-lsbad, Ca 1 ornia,
specified in the contract documents for:
ALGA ROAD IMPROVEMENTS
CONTRACT NO. 3141
SCHEDULE NOS. 1 AND 2 *
( h er e i n af t e r c a 1 1 e d *I p r o j e c t '' )
2. Provisions of Labor and Materials. Contractor shall
provide all 1 abor, materials, tools, equipment, and
personnel to perform the work specified by the contrac' documents.
3. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice
to bidders, instructions to bidders' and Contractors'
proposals; the plans and specifications and all proper
amendments and changes made thereto in accordance with
this contract or the plans and specifications, and the
bonds for the project, all of which are incorporated herein by this reference.
4. Pa ment. As full compensation for Contractor's hance of work under this contract, City shall ma
payment to Contractor per Section 9-3.2 of Standard
Specifications for Public Works Construction, 1982 0 Edit ion.
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Payment of undisputed contract amounts shall be
contingent upon Contractor furnishing City with a
release of all claims againt City arising by virtue of
this colitract as it relates to those amounts.
Extra compensation equal to 50 percent of the net
savings may be paid to Contractor for cost reduciton changes in the plans or specifications made pursuant t
a proposal by Contractor. The net savings shall be
determined by City. No payment shall be made unless t
change is approved by the City.
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5. Independent Investigation. Contractor has made an
independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions
that might affect the progress of the work, and is awa
of those conditions. The contract price includes
payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions Any information that may have been furnished to
Contractor by City about underground conditions or 0th
job conditions is for Contractor's convenience only, a
City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job
conditions, including underground conditions and has nc
relied on information furnished by City.
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6. Contractor Responsible for Unforeseen Conditions.
Contractor shall b e responsible for all 1 oss or damage arising out of the nature of the work or from the actic of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution oi the work until its acceptance by the City. Contractor shall also be responsible for expenses incured in the
suspension or discontinuance of the work. However,
Contractor shall not be responsible for reasonable
delays in the completion of the work caused by acts of
God, stormy weather, extra work, or matters which the
specifications expressly stipulate will be borne by
City.
7. Change Orders. City may, without affecting the validit of this contract, order changes, modifications, deletions, 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 ar
extra work performed unless the City has issued a
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%
written change order designating in advance the amount of additional compensation to be paid for the work. I 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 arbitration or litigatio The only person authorized to order changes or extra work is the City Engineer. However, no change or extr work order in excess of $5,000.00 shall be effective unless approved by the City Council.
0
8. Prevailing Wage. Pursuant to the Labor Code of the State of C alifornia, the City Council has ascertained the general prevailing rates of per diem wages for eac craft or type of worker needed to emxecute the contract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contract shall pay prevailing wages. Contractor shall post copies of all applicable prevailing, wages on the job site.
Indemnit . Contractor shall assume the defense of and
and employees, from all claims, loss, damage, injury a liability of every kind, nature and description, directly or indirectly arising frorri the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused resulting directly or indirectly from the nature of th work covered by the contract, regardless of responsibility for negligence. The expenses of defens include all costs and expenses, including attorneys fees, for litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require Contractor to indemnify City for losses caused by the active negligence of City.
9- 4 in emni y and hold harmless the City, and its officers
-a
10. Insurance. Contractor shall maintain insurance coverii the liability stated in Paragraph 9 in the amount acceptable to the City Council and shall cause the Cit: to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken 01 by Contractor. 0
23
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11. Workers' Compensation. Contractor shall comply with t
e
requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defenseand mmnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, a liability of every kind, nature and description brough by any person employed or used by Contractor to perfori any work under this contract regardless of responsibility for negligence.
12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensatio self-insurance prior to the start of any work pursuan to this contract.
13. Arbitration. Any controversy or claim in any amount to $100,000 arising out of or relating to this contra1 or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitratii Association and judgment upon the award rendered by tl arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substanti evidence as provided by the California Code of Civil Procedure, Section 1296.
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14. Maintenance of Records. Contractor shall maintain an1 make available to the City, upon request, records in accordance with Sections I776 and 1812 of Part 7,
the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so ivform the City by certifit letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records.
Chapter 1, Article 2 of the California Labor Code. 1
15. Labor Code Provisions. The provisions of Part 7, Chapter 1 commencing with Section 1720 of the California Labor Code are incorporated herein by reference.
16. Securit . Pursuant to the requirelments of law ldment Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performmance of this contralct or any obljgation established by this contract.
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17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto an made a part hereof.
"T* E!" ppq;ex .g $yps 2S"i'C
(Seal Contractor
(Notarial acknowledgement of By-
By-
execution by ALL PRINCIPALS must be attached.) Title PFJSICX~(% 8 Tzx!bSim,
Title
CITY OF CARLSBAD, CALIFORNI
79!-& Mayor
ATTEST:
d
--.i==I _______ __-~ __ - ______L_____ l__ul__--- -___.______I-
tz34L day of - + , in the I On this
before me, the undersigned, a Noiary Public in and for said ate, person;
=1-e72 v , personally
(or proved to me on the basis of sztisfactory evidence) to be the person- w
executed it
Iss
)Lc#4!2
0
11 ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev 5 82
01982 WOLCOTTS INC - --------- _-__-- LLz- -
I
#3ST344-574-00 PREMIUM: IIdCLUDED IN PERFORMANCE
LABOR AND MATERIAL BON13 -
0
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of C2rlsbad, State of
California, by Resolution No. 74% Cj adopted ?i-&wfi&~ 2.4 , has awarded to x&, ,PZ.hl~~nc & sa~c; hereinafter designated the "Principal", a contract for:
ALGA ROAD IMPROVEMENT
in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract doculnents now on file in the Office of the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute sai
contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail t3 pay for any materials, provisions, provender or other supplies or terms use
in, upon for or about the performance of tile work agreed to be done, or for any work or labor done thereoii of any kind, the Surety of this bond will pay the same to the extent hereinafter @ set forth.
f as NOW, THEREFORE, WE, T. B. PENICK & SONS, INC. Principal, hereinafter designated as the "Contractor", and
LUMBERMENS NUTUAL CASUALTY COMPANY as S'irety, are held firm1 bound unto the City of Carlsbad in the sum ofEIGHT HUNDRED THIRTY f
cent (100%) of the estimated amount payabll2 by the City of Carlsbad under the terms of the contract, €or which payment we1
and truly to be made we bind ourselves, ouir heirs, executors an
administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH tliat if the person or
his/her subcontractors fail to pay for any materials, provision
provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in
an amount not exceeding the sum specified in the bond, and also
in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of
SIX HuNDRF~ TWFNTY FImollars ($835,625.00** said sum being one hundred per
I Section 4202 of the Government Code of the State of California.
'e
26
a
This bond shall insure to the benefit of any and all persons,
companies and corporations entitled to file claims under Section
1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California.
In the event any Contractor above named executed this bond as ar: individual, it is agreed the death of any such Contractor shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed b tl- Contractor and Surety above named, on the - 2ND day of FEBRhRY , 19 84 .
- T. B. PENICK & SONS, INC.
G
(Notarize or Corporate by Cb Seal for each Signer) THOIWS L. PENICK
PRES li DENT -
Contractor 0
SAN DIEGO, CA 92101
0
--
PBy
I GRC 1 ss: I LriL1FORNI.A , OF SAN DIEGO ,
, in the year 1984 ,
.I,-. .".. -_- personally appeared tb f.8 2ND day of - FEBRUARYI- I__-
3efore me CHERYL M. PERRY ,- . BEVERLY A. PANGRAZZI <I I- personally known to
me (or proved to me on the basis of ~t~t.~efadtta.q: evidence) to be the
person whose name Is eubacribed. tc tnPs iki:~i,m,ent as the attorney ir
p ana acknowledged to me tha
LUMBERMENS MUTUA1 CASUAI TY COW name as attorney in fact.
Given under my hand and Notarial Seal this
FEBRUARY , A.D. 19 84
My commission expires
fact of LUMBERMENS MU .-
-4
came of
$h,e::sZ~n, and his (her) owr"
2ND day ox
FK 884 12-52 500 PRINTED IN U
-
LUMBERLENS MUTUAL CASUALTY COMPANY *-
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, a corporation organized and existing under ih State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * *.*.*,* *,*
Francis E. Smith; Elden B. Yeck; Beverly A. Pangrazzi; Louise H. Peper; all of** sari uiego, california (EACH)***X***********************************************~
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the
ning with the date of issuance of this power and ending December 31, 1984, unless sooner rev on its behalf as surety, and as its act and deed: Any and all bonds and undertakings. *x*xxx
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or under
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order t
such bond withiithe dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding u Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the sar
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grov
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors
bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate c( is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secre in full force and effect:
“VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shali have power
to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings ob
nature thereof, and any such officer of the company may appoint agents for acceptance of process.”
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the
solution adopted by the Board of Directors of the company at a meeting duly called and held on
of May, 1975:
“VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Sea pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any po~
executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such powc
sealed and certified with respect to any bond or similar undertaking to which it is attached, shall continue ti
binding upon the Company.”
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to bi
its corporate,seal to be affixed by its authorized officers, this
Attested and Certified: LUMBERMENS MUTUAL CASUAL
L/4- - R.H. k Johnson, 4ftL Secretary
STATE OF ILLINOIS ss
I, Genevieve B. Huff, a Notary Public, do hereby certify that C. H. Kasbohm and R. H. Johnson person’
me to be the same persons whose names are respectively as Vice President and Secretary of the Lumt tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrume before me this day in person and severally acknowledged that they being thereunto duly autho sealed with the corporate seal and delivered the said instrument as the free and voluntary act of I tion and as their own free and voluntary act for the uses and purposes therein set forth.
13th day of October
@ By ,@p f&
G. H. Kasboh
COUNTY OF COOK I
.
.“‘;yu”% $p! ....... ,,*‘.
$2py ?* ?P” B L\ Rr):! &/A q,, 0x11 ____ My commission expires: May 5, 1986 Genevieve B. HI
FA8362 8-82 1M PR
Power of Attorney-Term
CERBIFlCATliON
I, Sven L )ohanson, Secretary of thc Lcimbermeni Uutual Cdbudlty Company do ht>tth\ ccrtify th'i
Power of Attorney ddted --Q&O&eL-~~~~98_2___ - - __ -par> behalf ot Same-aS above:*
15 d truc arid corrtsc
the same has been in full force and effect since the date thereof diid 15 in tull fcrce and effect ( this certificate, and I do further certify that the said G H Kasbohm and R H johnson who
Power of Attorney as Vice President and Secretary respectively were on the date of the exccu
tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens bl
Company
IN TESTIMONY WHEREOF, I have hereunt e and affixeu the corporate seal (
- ______ ___ ____. - ___ _-__ ___ __ - ____ - - -
ubscribed my n
mens Mutual Casualty Company on this----day 9rjb of_-- ~RRUARY ____. ____ - __ , 19 84 0 xp
$kejj 8' 80. e J x __- 5~ c n 1
This Power of Attorney limits the acts of those named therein to the bonds and undertakings spe
therein, and they have no authority to bind the Compdny excepl in the manner and to tht. exteni
FOR INFORMATION CONCERNIUC THIS POWER OF ATTORNEY, CALL (312) 540-2000, COh'TRACT BO'i
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS, 60049
- .-
CERTIFlCATlON
I, Sven L. Johanson, Secretary of the Lambermens Mutual Cajualty Corvpai?y, do httreby c:eriify Ihal thc
Power of Attorney dated---Q?L?&eLJ-2LE!GL -_.______ .on behalf' oi ... ~ s.a-me_a_s..abo.ve.~.**.~*.'
.._.....__ __ ____.____.________._____.._______.____.____.. --.-.......... -... ... . .~ .. .is a true and correct c(~/7 the same has been in f'uII force and effect since the date thereof' and is in i'ull iorce and ef'f'ecl ~n IF
this certificate; and i do further certify that the said G.H. Kasbohm and R.H. Johnson who exec
Power of Attorney as Vice President and Secretary respectively were on the date oi the execulion
tached Power of Attorney the duly e!ected Vice President and Secrelary of Ihe Lumbermen5 Mutua
Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixeu the corporate heal 01' th mens Mutual Casualty Company on this-_2ND---day of-_JXB.RUA!U _...__......... ~__ .. , I q... -84.
r<-7
c5 &%J ~__-~_--~
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specific
therein, and ihey have no authority to bind the Company except in the manner and 10 the extent he
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (31 2) 540-2000, CORTKACT BOI\;U I:>
OK WRITE, CONTRACT BOND DEPARTMENT, KEMPER CROUP, LONG GROVE, ILl.!NOIS, 60049.
#3ST344-574-00
PREMIUM: $3,543.00
0
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 7 q 30 adopted 5fWo A @T'q
hereinafter designated as the "Principal", a contract for: has awarded to zB . r7&(li C+GL E=, 50 lkl 5 l,ML*
ALGA ROAD IMPROVEMENT
in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on,file in
the Office of the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute sai contract and the terms thereof require the furnishing of for the faithful performance of said contract;
as
Principal, hereinafter designated as the "Contractor", and LUMBEI 0 I;BSIlAl.TY COMPANY as, Surety, are held and firmly bound us the City Of Carlsbad, in the sum OfEIGHT HUNDRED THIRTY FIVE THOUSANI
TWFNT~ FTVF Dollars ($ 835.6 25.00** 1, said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney o its successors and assigns; for which payment, well and truly t be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above
bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stan to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or ~
their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to thei true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein
stipulated, then this obligation shall become null and void;
otherwise it shall in full force and virtue.
NOW, THEREFORE, WE, T. B. PENICK & SONS, INC.
0
7Q
a
And said Surety, for value received, hereby stipulates and agre
that no change, extension of time, alteration or addition to th
terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its
obligations on this bond, and it does hereby waive notice of an change, extension of time, alterations or specifications.
In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by t Contractor and Surety above named on the 2ND day of
FEBRUARY , 19 84 .
T. B.PENICK & SONS, INC. <c7 1; 7 8,
.&)J,/&L
L-’ 1 4 by & , &&j/&\
THOM&S L. PENICK
PRES I DENT (Notarize or Corporate
Seal for Each Signer) Contractor
Surety
2320 FIFTH AVENUE S#201
SAN DIEGO, CA 92101
0
?a
r GRI I STATE OF CALIFORNIA , 1 ss: COUNTY OF SAN’ DIEGO ,
On this 2ND day of FEBRUARY , In the year 1984
before me CHERYL M. PERRY personally appeared
BEVERLY A. PANGRAZZI personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subacrlbed to this instrument as the attorney in , and -
LUMBERMENS MUTUAL CASUITY COMPANY thereto, and his (her) own
name a8 attorney in fact.
Given under my hand and Notarial Seal this
My commission expires .
2ND day of
FEBRUARY . , AaDe 19 84
FK 884 12-52 500 PRINTED IN 1
-
LUMBERMENS MUTUAL CASUALTY COMPANY
Home Office: Long Grove, IL 60049
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, a corporation organized and existing under the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * *.*,*.* * *
Francis E. Smith; Elden B. Yeck; Beverly A. Pangrazzi; Louise H. Peper; all of**’
POWER OF ATTORNEY
sari 2)iego, California (EACH)***************”*X*************************************~
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the p ning with the date of issuance of this power and ending December 31, 1984, unless sooner revc
on its behalf as surety, and as its act and deed: Any and all bonds and undertakings, **+x*X:
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or underi
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order tc
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company,
The execution of such bonds and undertakings in pursuance of these presents shall be as binding u
Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the san
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grovl
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors
bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate c( is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secrei in full force and effect:
”VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power
to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and ;
of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings ob
nature thereof, and any such officer of the company may appoint agents for acceptance of process.”
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the
solution adopted by the Board of Directors of the company at a meeting duly called and held on
of May, 1975:
“VOTED, That the signature of the President, any Vice President, Secretary or Asistant Secretary, and the Se pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any pov
executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such powc
sealed and certified with respect to any bond or similar undertaking to which it is attached, shall continue t
binding upon the Company.”
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to b
its corporate,seal to be affixed by its authorized officers, this
Attested and Certified: LUMBERMENS MUTUAL CASUAL
L/4- - R.H. A$L Johnson, Secretary
STATE OF ILLlNOlS ss
I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson persor
me to be the same persons whose names are respectively as Vice President and Secretary of the Lum tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrumc before me this day in person and severally acknowledged that they being thereunto duly authc sealed with the corporate seal and delivered the said instrument as the free and voluntary act of tion and as their own free and voluntary act for the uses and purposes therein set forth.
13th day of. October
@ By ,gy <&
C. H. Kasboh
COUNTY OF COOK 1
____ &#)
My commission expires: May 5, 1986 Genevieve B. H
~~a3h-2 8-82 IM PI
Power of Atlorney-Term
CERTIFICATION
I, Sven L Johanson, Secretdry of the Lumbermen5 Mutu,tl Cdwaliy CompCany do hetrhb ccrfify thc1
Power of Attorney ddted__~t_o_ll_e_r__l-~,1_982 SafiTe-Cs above-*
15 d !rut’ ,ind (orre( t
the same has been Ln full force and effect ~ince the date thereof 2nd 15 in iull foite 2nd ctfcct o this certificate, and I do further certify that the said G H. Kasbohm and R ti Johnson who
Power of Attorney as Vice President and Secretdry respectively bere on the dale of the execut
tached Power of Attorney the duly elected Vice Pre5ident dnd Secretary of the Lumbermen5 M Company
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the torporate sed1 c mens Mutual Casualty Company on this_2NL-_ day of-LBRUAK ___ - , 19 84
- ___ - oil behdlf of
__-____ ____ ___. ___ __ _. ______ ___ __ - -
This Power of Attorney limits the acts of those named therein to the bonds and undertakings spec therein, and they have no authorrty to bind the Company except in the mdnner and to thc extent
FOR INFORMATIOY CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540-2000, CONTRACT BOhI
OK WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROW ILILINOI5, 60049
CERTSFICATION
I, Sven I_. )ohanson, 5ecret;iry of the Liii'riberi7leni Mutual Casuaity Col7lpaily, do hereby cerlify Ihn
P owe r of .4t tor n ey d at ed ...___ Oct,d~~L_?_~.i982_ _.___..__._-.___.__ on bei) a I f oi ... .%F..-Gs ..above.:
.- ..-~--... __..__...._.._.._........_.F__. ~~._._._ _....__.__._.._..__.__...__ .__.._._.__._. .. . ............ ... -. ... .. is a f rtlc' and correct the same has been in iull iorce and effect since the date thereo!. rind is ill full f'orce and ef'fcci o [his certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson wh<o
IPowei- of Atiorriey as Vice President and Secretary respectively were or1 the date of' !he exec-uI !ached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens M Co m p a n y .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal c
mens Mutua1 Casualty Company on this ___- ZNL ._.____ day of-.-F'EB.RUARY _.___._...___-......, 7 9 ...... 8-4. .
*:
yu [;& ,<,,lo\, LC' rx,k*
____I__ __---__ _.-_ --.-.---. SvcriI. JI
This Powei- of Attorney limits the acts of those named therein to the bonds and underiakirigs spec
therein, and they have no ai?!hority ?o bind ihe Company cxcepi.in the manner anci to !ht., pxterli
[--OR INFGKMATiC3N C0NCEKNIN:G Ti-115 POWER OF A-YTORNEY, CALL (31 2) 540-2000, C:O\l7-IIACT uowl
c>li WRITE, CONTKAU BONO EIEPAKTMENT, KEMPER GROUP, LONG GROVE, IL.~NOlS, 60049.
GENERAL PROVISIONS 0
1. PLANS AND SPECIFICATIONS
The specifications for the work shall consist of the latesl
edition of the Standard Specifications for Public Works
Construction hereinafter designated SSPWC, as issued by thc
Southern Chapters of the American Public Works Association,
the City of Carlsbad supplement to the SSPWC, the Contract
documents and the General and Special Provisions attached
thereto.
The Construction Plans consist of 7 sheet (SI designated a:
City of Carlsbad Drawing No. g35-6. utilized for this project are the San Diego Area Regional Standard Drawinqs, hereinafter designated by SDARSD as
issued by the S.D. County Department of Transportation, together with the City of Carlsbad Supplemental Standard
Drawings, including Specific Conclusions and RecommendatioI
for Alga Road (Sta. 5+00 to Sta. 29+75) from the "Geotechnical Investigation for La Costa Major Roads".
The standard drawings
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor,
equipment and materials and performing all operations necessary to complete the project work as shown on the
project plans and as specified in the specifications.
0
3. DEFINITIONS AND INTENT
a) Engineer:
The word "Engineer" shall mean the City Engineer or his
approved representative.
b) 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.
c 1 Directions:
Where words "directed", "designated", "selected" or
words of similar import are used, it shall be understoc that the direction, designation or selection of the
0
30
Engineer is intended unless stated otherwise. The worc
"required" and words of similar import shall be under-
stood to mean "as required to properly complete the WOI as required and as approved by the City Engineer" unle:
stated otherwise.
d) Equals and Approvals:
0
Where the words "equal", "equivalent" and such words ol similar import are used, it shall be understood such
words are followed by the expression "in the opinion ol
the Engineer" unless otherwise stated. Where the word2 "approved", "approval", "acceptance"', or words of similar import are used, it shall be understod that tht
approval, acceptance, or similar import of the Engineei is intended.
e) Perform and Provide:
The work "perform" shall be understood to mean that thc
Contractor, at her/his expense, shall perform all
operations, and shall furnish all labor, tools, materials, equipment, and incidentals necessary to the
successful completion of the construction assigned to 1
undertaken by the Contractor under the contract
documents.
4. CODES AND STANDARDS
0
Standard specifications incorporated in the requirements 0:
the specifications by reference shall be those of the later edition at the time of receiving bids. It shall be
understood that the manufacturers or producers of material!
so required either have such specifications available for
reference or are fully familiar with their requirements as
pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the Contract1
per Section 6-1 of the SSPWC at the time of the preconstruction conference.
Coordination with the respective utility company for remov( or relocation of conflicting utilities shall be requiremen prior to commencement of work by the Contractor.
The Contractor shall begin work after being duly notified 1 an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 180 consecutive calendar days from the date of receipt of said "Notice to Proceed. 'I 0
31
Mutual Responsibility of Contractor(s1
In the event separate contracts are awarded for different
schedules of work, each contractor shall cooperate with other contractors with regards to storage of materials and
execution of their work, and shall coordinate their work with respect to construction schedule and sequence of operations, all subject to approval of the City Engineer. Each contractor shall properly connect his work to the work of separate contractors. The division of responsibility ir
the vertical plan will be at the level of the sub-grade, ir
the horizontal plane as determined by the plans. No work shall be connected or compounded until the prior work has been approved by the Engineer. Where separate contracts ar
awarded for different schedules of work, each contractor
shall not cause any unnecessary hinderance or delay to any other contractor working on this street improvement project
If the performance of any contract for this project is
likely to be interferrd with the simultaneous execution
of some other separate contract, the City Engineer will
decide which contractor may proceed. Any cost caused by defective or ill timed work shall be borne by the Contract( responsible therefore.
e
6. NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming to the Plans or Specifications upon written ordc by the City Engineer. Any cost caused by reason of this
nonconforming work shall be borne by the Contractor.
0
7. GUARANTEE
All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materia: discovered during the guarantee period shall be repaired b1
the Contractor.
8. MANUFACTURER'S INSTRUCTION
Where installation of work is required in accordance with
the product manufacturer's directions, the Contractor shal:
obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer.
0
32
9. INTERNAL COMBUSTION ENGINES 0
All internal combustion engines used in the construction
shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise
Control Ordinance No. 3109, Carlsbad Municipal Code, Chapti
8.48
10. CITY INSPECTORS
All work shall be under the observation of a City
Construction Inspector. Inspectors shall have free access
to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessa to keep her/him fully informed regarding progress and mann or work and character of materials. Inspection of work
shall not relieve Contractor from any obligation to fulfil
this contract.
11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforce1 as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is no correctly inserted, then upon application of either party ':'?e contract shall forthwith be physically amended to make such insertion or correction.
0
12. INTENT OF CONTRACT DOCUMENTS
The Contractor, her/his subcontractors and materials supplier shall provide and install the work as indicated, specified and implied by the contract documents. Any item of work not indicated or specified, but which are essentia to the completion of the work, shall be provided at the
Contractor's expense to fulfill the intent of said documen In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance.
13. SUBSTITUTION OF MATERIALS
The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the 0
33
items indicated or specified. The Contractor may offer a
substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacuturer which she/he considers equal in every respect to those indicted or specified. Tht offer made in writing, shall include proof of the State Fii
Marshal's approval (if required), all necessary informatioi
specifications and data. If required, the Contractor, at
her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other
characteristics, and its durability, finish, or efficiency
by a testing laboratory as selected by the City. If the
substitute offered is not deemed to be equal to that so
indicted or specified, then the Contractor shall furnish,
erect, or install the material, apparatus, equipment or
process indicated or specified. Such substitution of
proposals shall be made prior to beginning of construction
if possible, but in no case less than 10 days prior to actual installation.
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14. RECORD DRAWINGS
The Contractor shall provide and keep up to date a completl "as-built" record set of transparent sepias, which sh-ll bc corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground pipinc valves, and all other work not visible at surface grade. Prints for this purpose my be obtained from the City at CO~ 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 on completion of the work.
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15. PERMITS
The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to
the Contractor. The Contractor is responsible for all othl required licenses and fees.
16. QUANTITIES IN THE SCHEDULE
The quantities given in the schedule, for unit price items are for comparing bids and may vary from the acutual final quantities. Some quantities may be increased and others m,
be decreased or entirely eliminated. No claim shall be mal
against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit price bid. 0
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The City reserves and shall have the right, when confrontel with unpredicted conditions, unforeseen events, or
emergencies, to increase or decrease the quantities of wor to be performed under a scheduled unit price item or to
entirely omit the performance thereof, and upon the decisii of the City to do so. The City Engineer will direct the Contractor to proceed with the said work as so modified. an increase in the quantity of work so ordered should resu in a delay to the work, the Contactor will be given an equivalent extension of time.
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17. SAFETY 61 PROTECTION OF WORKERS AND PUBLIC
The Contractor shall take all necessary precautions for th safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safei
laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the wo:
is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of worker and public and shall post danger signs warning of hoists, well holes and falling materials.
18. SURVEY SERVICE
Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying f( this project.
Requirements of the Contractor pertaining to this item are
set forth in Section 2-9.5 of the SSPWC. Contractor shall
include cost of surveying service within appropriate items
of proposal. No separate payment will be made.
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19. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water
utilized during the construction under this contract. The Contract shall contact the appropriate water agency for
requirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made.
20. Testing of Material or Equipment
Attention is directed to Section 4 "Control of Materials" c
the SSPWC for the Public Works construction. Unless otherwise specified, all test shall be performed in
accordance with the methods described in certain sections c
the SSWPC relative to the specific material or .equipment 0 being tested.
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Materials and work quality not conforming to the
requirements of these specifications shall be considered defective and will be subject to rejection. Defective work
or material, whether in place or not, shall be removed
immediately from the site by the Contractor, at its expensc
when so directed by the City Engineer.
Testing Laboratory Qualifications. Whether employed by thc City or Contractor, the testing laboratory shall be license to conduct and perform testing in the state an jurisdictior where the work is located.
The City will employ and pay for the services of registered foundation or soils engineers to observe the specified
portion of the work and to supervise or perform testing
pertaining to the observed work. If retesting is required
because Contractor did not meet specification requirements,
the Contractor shall pay for all failing tests.
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21. LIQUIDATED DAMAGES
If the completion date shown on the Notice to Proceed lette is not met by the Contractor, he will be assessed the dailj salary of the City inspector for each working day beyond th completion date, as damages. 0
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SPECIAL PROVISIONS/SPECIFICATIONS
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SPECIAL PROVISIONS CONTRACT NO. 3141
1. SCOPE OF WORK
The work involved in general, consists of construction the remaining uncompleted street improvements on the northernl!
half-street along Alga Road, a distance of approximately 0
mile, including a golf cart underpass and appurtenances. The improvements include clearing, roadway excavation,
paving, constructing curb and gutter, drainage facilities,
stret lighting, water and sewer facilities and such other items or detail not mentioned above as required by the plans. Specifications and regulations and codes complete, in place and ready for operation. The work relative to thc constrution of the golf cart crossing is bid separately an(
may be deleted prior to execution of contract.
2. SPECIFICATIONS
The work covered herein shall be in accordance with the Standard Specificaitons for Public works Construciton, as
issued by the Southern California Chapters of the American
Public Works Association, and as these may apply, and in accordance with the following Special Provisions. In case
of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take
precedence over and shall be used in lieu of such
conflicting portions of either the Standard Specifications or the General Specifications. Work on City of Carlsbad curbs, gutters, sidewalks, cross gutters, storm drains, pavements, and waterlines shall conform to the Standards of City of Carlsbad.
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3. UTILITIES: Location & Protection
Attention is directed to Section 5 "Utilities" of the "Standard Specifications for Public Works Construction" and these special provisions.
The Contractor shall determine the location and depth of a1 utilities, including service connections, which have been marked by the respective owners and which may effect or be effected by its operation, and full compensation for such work shall be considered as included in the price bid for
Items of Work where under ground utilities may be involved.
The Contractor planning to conduct an excavation shall contact the "Southern California Undergournd Service Alert" Telephone 800-422-4133 at least two working days prior to 0
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commencing that excavation and request that utility owners
mark or otherwise identify location of their subsurface facilities. The Contractor is requested to obtain the "Identification Number" assigned by Underground Service
Alert. No permit to excavate issued by a State or Local
Agency would be valid unless the applicant has been providt
an inquiry identification number by the Regional
Notification Center, aforementioned. (Assembly Bill No. 301
dated September 28, 1982)
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4. CONSTRUCTION SEQUENCE
All storm drain structures shall be constructed from the downstream end: except for portions which are specifically designated as being accelerated construction reaches by the Engineer due to traffic problems anticipated or other situations where overriding public interest governs or
construction scheduling difficulties are being avoided.
5. CONSTRUCTION AND STRUCTURAL NOTES
All construction notes and structural notes any symbols use on the plans direct the Contractor to perform the operation
indicated, supply materials required, and safeguard
facilities. They are shown for the convenience of the Contractor and clarity of the drawings and specifications and shall not be the basis for claims of extra work. Payment for those items of work shall be incorporated into the items of work to which they pertain and other items and not separate payment will be made for them.
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6. PROTECTIVE AND SECURITY FENCES
The Contractor shall construct and maintain continuous protective and security fencing (5' minimum height chain link with posts at 10' intervals) around all excavations 3' or more in depth or where the excavation is considered unsafe at lesser depths. No access openings shall be left
in the fence when workers are not present. Fence shall be braced to stand against wind and be secure against collapse disassembly, or destruction by unauthorized tampering. Fencing not under ownerhship of the Contractor may be used as protective fencing only when specific permission for its use is secured from the Engineer. All costs involved in
construction, maintaining, and removing this fence shall be absorbed in the bid price for various items of work and no separate payment will be made.
Contractor shall comply with the provisions of the
California Occupational Safety and Health Act of 1973 (Ch. 993, Stats. 1973) and with all rules, regulations, orders, and standards adopted or issued pursuant thereto, and with all other laws, regulations, and standards relating to
safety.
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Before any work is commenced, the Contractor shall secure and pay for the excavation permit required by the Californ Division of Occupational Health & Safety and shall furnish
the City Engineer with a copy thereof prior to commencing
any excavation.
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7. TRAFFIC REQUIREMENTS IN CARLSBAD CITY STREETS
The Contractor shall arrange his/her work in such a manner
that the following traffic requirements are satisfied:
A. Provide and maintain one 12-foot traffic lane during
Contractor's normal working hours and two 12-foot traffic lanes after normal working hours for all street
Any one street shall not be simultaneously reduced to
two lanes at more than one location without written
approval.
The complete closure of any street required prior approval of the Engineer.
C. Vehicular access to any property in the project shall
not be blocked off.
B.
8. TRAFFIC CONTROL IN CARLSBAD CITY STREETS
The traffic control includes the construction of detours,
street closures, and related work necessary and required fa
the construction of the storm drain and other construction work in traffic lanes.
A. Notifications
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The Contractor shall notify the following City Departments 24 hours prior to the start of work on this project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad:
Engineering Department - 438-5541
Police Department - 438-5511
Fire Department - 438-5521
The City of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs to be
posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be
removed by the Contractor immediately when not required
to facilitate the work. 0
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B. Barricades, Guards and Safety Provisions 0
To protect persons from injury and to avoid property
damage, adequate barricades, bridging, construction signing, warning lights, and guards as required shall 1
placed and maintained during the progress of
construction work and until it is safe for traffic to
use the street or highway. All piles of material, equipment, pipe, and other objects that may serve as
obstructions to traffic shall be barricaded and have
warning lights. The warning lights shall be of intermittent flashing type, amber in color and shall be
working from one-half hour before dusk continually untj one-half hour after dawn the following morning, and whe visibility is poor. All safety rules and regulations c local and State authorities shall be observed.
Portable delineators, including the base, shall be
composed of a material that has sufficient rigidity to remain upright when unattended and shall be either flexible or collapsible upon impact by a vehicle. The base shall be of such shape as to preclude roll after impact. The base shall be of sufficient weight or shal be anchored in such a manner that said delineator shall remain in an upright position.
If the portable delineators are damaged, displaced, or not in an upright position, from any cause, said delineators shall immediately be replaced or restored t
their original location, in an upright position, by the
Contractor.
The vertical portion of the portable delineators shall
be predominantly orange color. The post shall be not
less than 2-1/4" in width or diameter, if tapered, shal
have a cross-sectional area of not less than 100 square
inches measured through the vertical axis of the
delineator, normal to the roadway. The minimum height shall be 37" above the traveled way.
Fluorescent traffic cones shall be of good commercial quality, flexible material suitable for the purposed intended. The outer section of the portion above the
base of the cone shall be a highly pigmented fluorescen orange polyvinyl compound. The overhaul height of the
cone shall be at least 28". The base shall be of
sufficient weight and size or shall be anchored in such a manner that the traffic cone will remaining an uprigh
position.
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C. Traffic Control 0
In order to expedite the passage of public traffic
through or around the work and where ordered by the
Engineer, the Contractor shall install signs, lights,
flares, barricades, and other facilities for the sole
convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. No material or equipment shall be stored where it will interface with the free
and safe passage of public traffic and at the end of each day's work and at other times when construction operations are suspended for any reason, the Contractor
shall remove all equipment and other obstructions from that portion of the roadway open for use by public
traffic .
Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems.
The Contractor may be required to cover certain signs
which regulate or direct public traffic.
will determine which signs shall be covered.
Construction operations shall be conducted in such a
manner as to cause as little inconvenience as possible to abutting property owners. All street and highways
used by the Contractor shall be kept free of debris,
dust, and mud by the Contractor.
Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, includint
any section closed to public traffic.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or
loaded, shall in all cases yield to public traffic.
The provisions in this section may be modified or
altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Any
proposed modifications shall be approved in writing by the Engineer.
The Engineer 0
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Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closc lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and a.
the end of the taper.
Whenever work is being performed adjacent to a lane carrying traffic, the edge of land or edge of pavement
shall be delineated by placing temporary portable delineators adjacent hereto.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measure2 as above provided, the Engineer may direct attention tc the existence of a hazard and the necessary warning anc protective measures shall be furnished and installed b1
the Contractor at his/her expense. Should the Engineei point out the inadequacy of warning and protective
measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices.
Full compensation for furnishing, placing, maintaining,
replacing and removing construction signing, barricades delineators, and traffic cones; for covering signs as
directed by the Engineer; and for furnishing flagperson
shall be considered as included in the various contract
items of work involved and no separate payment will be
made therefor.
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9. DUST CONTROL
The Contractor shall furnish a water supply vehicle on
the job site. The Contractor shall apply water in the
amounts and at intervals as directed by the Engineer. The water supply vehicle and an operator shall be
available upon a reasonable notice as determined by the Engineer for after-hour, weekend, or holiday dust control work. If the Operator is not available for dus
control measure, the City will arrange for the work to
be performed by others and will deduct all equipment,
labor, and material costs thereof from the contract
amount. The Contractor shall place a 1-inch thick
temporary pavement over storm drain trenches within intersections as soon as they are backfilled to prevent
dust from cross traffic. The Contractor shall furnish i
street sweeper vehicle on the job site and shall sweep
areas as directed by the Engineer. 0
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All costs involved for dust control, including supplyii and operating water supply vehicles, street sweepers,
furnishing and placing temporary pavement, shall be absorbed in other items of work.
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10. NOTIFICATION TO RESIDENTS AND PROPERTY OWNERS
It shall be the responsibility of the Contractor to
notify in writing all property owners and residents along any street closed to traffic at least 24 hours
prior to closure. If driveways are to be closed, the property owner and/or resident shall be notified in
writing 24 hours in advance, and the period of closure
shall be specified to the affected resident or propertj
owner. All costs involved in notification shall be
absorbed in other items of work. In the event of failure to notify by Contractor, the Contractor shall,
at the direction of the Engineer, restore property
access immediately.
11. PROTECTION, RESTORATION, AND CLEANUP OF EXISTING
IMPROVEMENTS
The Contractor shall be responsible for the protection, restoration, or replacement of any improvements existir on public or private property at the start of work or placed there during the progress of work and not specified or shown on the Plans to be permanently removed. All existing improvements shall be
reconstructed to equal or better the existing
improvements removed or damaged.
The Contractor shall select his/her equipment with a view of minimizing the damage to the street, in the judgment of the Engineer, maybe ordered discounted unless the Contractor demonstrates, to the satisfaction
of the Engineer, that modifications to his/her methods or equipment will not inflict unnecessary damage to the street.
If the Contractor discovers underground main or trunk lines not indicated on the plans or in the Special Provisions, he shall immediately give the Engineer and
the Utility Company written notification of the existence of such facilities. Such mains or trunk line
shall be located and protected from damage as directed by the Engineer and the cost of such work will be paid
for as extra work. The Contractor shall, if directed b
the Engineer, repair any damage which may occur to such main or trunk lines. The cost of such repair work, not due to the failure of the Contractor to exercise
reasonable care, will be paid as extra work.
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All Curbs, gutters, sidewalks, and driveways shall be removed and replaced to the next joint or scoring line beyond the actually damaged or broken sections; or in the event that joints or scoring lines do not exist or are three or more feet from the removed or damaged section, the damaged portions shall be removed and reconstructed to neat, plane faces. All new concrete
shall match, as nearly as possible, the appearance of
adjacent concrete improvements.
The Contractor is required to conduct concurrent clean1 operations as the work proceeds. Construction site
shall be completely cleaned of dirt, debris, trench
spoil, equipment and construction material; and areas are to be completely restored.
Dumping or storage of materials or storage of equipment in public right-of-ways or private property requiring
subsequent cleanup shall not be permitted unless writtc permission is secured from the agency having jurisdiction or owner of the property and submitted to
the Engineer and approved.
All costs involved in protection, restoration, and cleanup of existing improvements shall be included
in other items of work.
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12. STORAGE OF MATERIALS IN PUBLIC STREETS
No material shall be stored on public sidewalks or
driveways. No materials shall be stored other than those where the storm drain is to be constructed as par of this contract, and then only within the limits of th
construction subject to the additional restrictions listed below:
A. Storm drain, sewer, and water pipes may be stored o public streets for a period not to exceed five working day.
B. Excavated and backfilling materials may be stored
within 25 feet of the pipe-lying operation only.
C. Construction equipment and forming materials may be stored within 25 feet of the pip-laying operation only.
All cost involved to comply with the above requirements
shall be included in the price bid for Various Items Of
Work, and no additional payment will be made. 0
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a 13. UTILITIES
Utilities for the purpose of these specifications shal: be considered as including, but not limited to pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) or individua:
solely for their own use or for use of their tenants,
and storm drains, sanitary sewers, and street lighting.
The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locat and indicate on the Plans all utilities which exist within the limits of the work. However, the accuracy c completeness of the utilities indicated on the Plans is not guaranteed. Service connections to adjacent property may or may into be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all utilities and their service connections. The Contractor shall make his/her own investigation as to the location, type, kind of material, age and condition of existing utilities and their appurtenances and service connections which may b affected by the contract work, and in addition he/she shall notify the City as to any utility, appurtenances, and service connections located which have been
incorrectly shown on or omitted from the plans.
The Contractor shall notify the owners of all utilities at least 48 hours in advance of excavating around any o the structures. At the completion of the contract work the Contractor shall leave all utilities and
appurtenances in a condition satisfactory to the owners
and the City. In the event of damage to any utility, the Contractor shall notify the owners of the utility
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The temporary or permanent relocation or alteration of
utilities, including service connections, desired by thl Contractor for his/her 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.
In order to minimize delays to the Contractor caused
by the failure of other parties to relocate utilities which interfere with storm drain structures, 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 thc City. Should the omitted portion of the work consist oi 0
46
concrete pipe, the Contractor may complete said portio] by constructing a transition structure in lieu of pipe
Payment for such transition structure will be made on i linear-foot basis at the price bid for the pipe item
involved.
The Contractor shall support and protect all utilities and service connections found not to interfere with the permanent project work. It shall be the Contractor's responsibility to provide continuous and safe operatior of all utilities protected and supported. The Con- tractor shall be responsible for all damages and costs
that may be caused by his/her failure to protect and support utilities in a satisfactory manner.
Payment for protecting and supporting utilities are as follows:
A. All costs involved for protecting and supporting
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utilities shown on the Plans as "protect (utility)' shall be included in the various items of work.
B. All costs involved for protecting and supporting utilities that parallel the storm drain constructic shall be included in the price bid for storm drain construction. The definition of a parallel utility
for the purpose above, shall be as follows: any utility which runs more or less parallel to the pipeline being constructed and located more then tb feet measured horizontally from the outside diamete of the pipeline being constructed.
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C. Payment for protecting and supporting all utility lines found within the trench or structure excavation lines shall be included in the price bid
for the storm drain or structure.
Certain abandoned utility lines (mains and services,
primarily gas) may not be shown due to insufficient dat
on the project drawings. The Contractor shall apply to
the gas company or other utility company for assistance in identifying abandoned or out-of-service lines. The Contractor shall take due precautionary measures to
effect their removal and ultimate abandonment.
The Contractor shall relocate all water service
connections found to interfere with permanent project work. All costs involved to relocate all water service
connections shall be included in the various items of
work. 0
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14. USE OF PAVEMENT SAWS 0
A concrete pavement saw shall, where practical, be use! in the removal of all existing concrete curbs and gutters, and sidewalks. A full depth of saw cut shall be used where possible. Minimum depth of saw cut shal
be 2/5-thickness of the concrete pavement. The bituminous pavement shall be saw cut to a neat vertica line prior to paving. Concrete pavement cracked by th Contractor's operations shall be sawn at removal lines determined by the Engineer. Payment for the use of concrete or pavement saws shall be absorbed in the iter
of work for which they are used.
15. ABANDONED UTILITIES AND STRUCTURES
Unless otherwise specified, gas lines, sanitary sewers, storm drains, or other structures which have been
abandoned or are to be abandoned as a result of the
construction, the interfering portions shall be removec and the remaining exposed portions sealed with an 8-inc wall of brick and cement mortar. All interfering materials shall become the property of the Contractor and shall be disposed of by him away from the site of
work.
'?he costs of all such work specified in this section
shall be absorbed in the price bid for the Various Itezr
Of Work, and no additional payment will be made.
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16. REMOVAL OF EXISTING PAVEMENT
All costs involved in the removal and disposal of existing pavement, including P.C.C., A.C. over P.C.C. and A.C., shall be absorbed in the unit prices bid for storm drain construction.
1'7. TRENCH EXCAVATION
The Contractor shall obtain a Right-of-way Permit from the City of Carlsbad prior to start of work.
Excavation for storm drain conduits shall be open trenches with vertical sides unless otherwise approved by the Engineer.
The trench clearance from excavated wall shall be shoring thickness, plus 12 inches on each side of conduit, measured at top of pipe.
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If, in the opinion of the Engineer, the maximum trench
width shown on backfill details is exceeded to the extent that the load on the pipe is increased so as to require additional or another type of bedding or a higher "D-load" strength pipe, such additional bedding or increased strength of pipe shall be furnished and installed by the Contractor at no additional cost to tk
City.
All excavated material unsuitable for trench backfill and excess excavated material shall become the properti of the Contractor and shall be disposed of by him/her
away from the site of work.
All costs involved for trench excavation and disposal c excess excavated material and excavated material unsuitable for trench backfill shall be included in the price bid for the construction of the storm drain.
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18. STORM DRAIN BEDDING
The subgrade or basement material on which the storm drain is to be constructed shall be firm, thoroughly
compacted and true to grade.
The #3 or #4 crushed rock shall be natural rock and
shall be mechanically crushed with 100% passing the one-inch sieve and 95% retained on a 3/8-inch sieve and no more than 2% passing #20 sieve. The rock shall be compacted mechanically after placement in the trench ar
shaped to receive the pipe.
Payment for all bedding materials, including furnishins
shaping, and compacting is included in the lineal foot price of the conduit being constructed or absorbed in
cost of the structure.
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19. REINFORCED CONCRETE PIPE
Reinforced concrete shall conform to the provisions in
Section 207-2.1 of the Standard Specifications and be installed in accordance with the Plans.
In lieu of any standard classes of pipe strength
specified in the Standard Specifications, reinforced
concrete pipe shall have the minimum 'ID-load" strengths
as shown on the Plans.
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The specified "D-load" strengths for design of
reinforced concrete pipe are based upon the loads to
which the pipe will be subjected upon completion of thc project. Should the Contractor, as a result of his/he: construciton methods, or for any other reason, subject the pipe to loading which is greater then that €or whic
the pipe was designed, it shall be the Contractor's responsibility to take whatever steps are required to
strengthen or otherwise protect the pipe from damage. Pipe stronger than that specified may be furnished at
the Contractor's option and expense.
All pipe joints shall conform to Section 65.1.06 of tht
Standard Specifications. The Contractor shall submit
details of the pressurized jointing methods for approvi before construction with substantiating data on its adequacy. Payment for pipe joints shall be included ii
the unit price bid for R.C.P. in place.
All reinforced concrete pipe joint shall be mortared 01
the inside of the pipe. The annular space in the insic joints of the pipe shall be filled with mortar and
finished smooth with a steel trowel. Said space shall
be finished as each section of pipe is installed. All
reinforced concrete pipe shall be mortared on the uppei
270 degrees of the outside of the pipe.
Payment for reinforced concrete pipe shall be on a lineal foot basis and shall include, but not be limitec
to, all materials and labor to furnish and install the
following items:
A. Placing and joining reinforced concrete pipe.
B. Removing and disposing of existing pavement of any
C. Furnishing and replacement of asphaltic concrete 01
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type
P.C.C. pavement and base material, including restriping or temporary striping.
D. Removing and disposing of existing concrete curbs,
gutters, sidewalks, pavements, and driveways.
E. Replacement of concrete curbs, gutters, sidewalks,
and driveways.
F. Trench excavation and removal or abandonment of
interfering utilities and structures.
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G. Removing and disposing of excess excavated 0
materials.
H. Removing and disposing of excavated materials that
are unsuitable for trenching backfill.
I. Dewatering of excavations.
J. Furnishing, placement, and compaction of trench
K. Shaping pipe bedding material and placing concrete
backfill material.
supports for existing pipes.
L. Furnishing and placing or removal of brick and mortar seals.
M. Protecting and supporting of utilities.
N. Furnishing and placing or preparing any joints or jointing material required.
Furnishing and placing concrete lug.
The above shall include full compensation for furnishii
all labor, materials, tools, equipment, and incidental1
and for doing all work involved in installing differeni
sizes and classes of pipe including connecting new pipt
to existing facilities, complete in place, and
furnishing and disposing of water used for testing, as
shown on the Plans, and as specified in these
Specifications and the Special Provisions, and as directed by the Engineer.
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20. CLEARING AND GRUBBING
Clearing and grubbing shall include, but not be limitec
to, the removal and disposal of all asphalt berms,
concrete curbs, gutters, sidewalks, driveways, trees, ( shrubs, and any other deleterious matter necessary to accomplish the construction of the improvements as shoi on the Plans and as specified in these Special Provisions.
Material removal shall conform to the requirements of
Section 300-1 of the SSPWC and these Special Provision:
Clearing and grubbing shall be paid for at the lump SUI
price as provided for in the contract price for cleari
and grubbing. e
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21. FINISH GRADING 0
A. Before and during finish grading all weeds and grasses shall be dug out by the root and disposed c off the site.
B. Finish grading shall consist of finishing surfaces
by raking smoothly and evenly and removing and disposing off site all extraneous matter to facilitate natural run-off water.
C. The moisture content of the soil shall be so near optimum that proper compaction can occur; nor be sc
dry that a dust will form in the air or that clods
will not break easily.
D. Finish grade shall be smooth, even and unifrom witk no abrupt change in surface. Soil areas adjacent t buildings shall slope away from the building to
allow for positive drainage. Low spots shall be
graded to drain properly.
included in the price_ bid for excavation and gradir
and no additional payment will be made therefor.
E. Payment for finish grading shall be considered
22. CONCRETE CURBS, GUTTERS, SIDEWALKS, AND SIDEWALK RAMPS 0
A. The construction of concrete curbs, gutters, and sidewalks shall conform to Section 303-5 of the
SSPWC.
B, Portland cement concrete shall be 2500 PSI and sha: conform to Section 201-1 of the SSPWC.
C. Concrete sidewalks shall be 4" in thickness,
D. Prior to removal all sidewalks and curbs shall be removed to neat joint lines. No paralleling joint
shall be placed closer than 4 feet to an existing score line or expansion joint. Scoring lines shal: have a minimum depth of 1/4 inch and a radius of 1, inch.
E. Concrete paving slabs shall be poured in alternate sections as shown on the Plans and with a maximum < 400 feet in each section. Joint dowel bars shall1 installed at 3-foot centers with one end greased o
capped so it is free to move. Contact joint edges
shall have a troweled radius of 1/4 inch. 0
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F. Measurement and payment for concrete curbs, gutter:
sidewalks, and sidewalk ramp shall conform to Section 303-5.9 of the SSPWC.
0
G. Payment for concrete sidewalk shall include all labor, equipment, and materials necessary to construct the sidewalk, including the brush finish
and handicapped ramps complete and in place as shok on the Plans, as specified in these Special Provisions, and directed by the Engineer.
H. All excavation for sidewalks, curb, and gutters shall be included in the price bid for these items,
and no additional or separate payment shall be made
theref or.
23. ASPHALT JOIN
A. The Contractor shall saw cut the existing asphalt
road surface along a line as directed by the
Engineer to provide a smooth join section and to allow sufficient space for the installation of the
gutter form work.
B. After the removal of the concrete forms, the
pavement shall be replaced with a structural sectic
consisting of 4" of asphalt concrete over 6" of aggregate base material.
requirements as specified in the Asphalt Pavement Section of these Special Provisions.
0
C. Asphalt and base materials shall conform to the
D. All driveways shall be saw-cut for an appropriate width and length to match the new improvements.
E. Payment for asphalt concrete joining and featherinc and excavation and aggregate base material for the
join section shall be included in the items of worl
24. AGGREGATE BASE
A. Aggregate base materials shall be Class I1 and
conform to the requirements of Cal Trans Standards
1982 edition.
B. Aggregate material supplied shall have a maximum
water content of 3% at time of weighing.
C. Measurement and payment for aggregate base shall bl considered included in the bid item for aggregate base and no additional payment will be made.
K3
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25. ASPHALT CONCRETE PAVING a
A. Asphalt concrete shall be Type I-B-AR-4000 and shal conform to the requirements of Sections 203 and 30;
of the SSPWC.
B. Aggregate shall conform to Subsection 203-6.3.2 anc
shall be Type I, Class B,
C, A prime coat shall be applied to the surface of thc untreated aggreate base at the rate of 0.25 gal/SY, The prime coat shall be Grade SC250.
D. A tack coat shall be applied on abutting concrete surfaces, along the saw cut and on existing pavemer to be resurfaced at the rate of 0.10 gal/SY. The tack coat shall be Type SS1 asphaltic emulsion.
E. A seal coat shall be applied to the finished surfac
at the rate of 0.10 gal/SY. The seal coat shall bc
Type SS1 asphaltic emulsion with a 60-70 grade
liquid asphalt.
F. Before final acceptance of the work, the Contract01 shall, at the request of the Engineer, test any
paved areas for correct water run-off by flooding with water from hydrants. Any area where water remains standing shall be brought to correct grade to prevent ponding.
0
G. Compensation for the asphalt concrete paving and
aggregate base, including prime, seal and tack coal for the roadway join section, complete and in placc shall be included in the unit price bid for asphall concrete paving and no separate payments will be made. Tickets may be accepted if signed by the Cil Inspector at the time of delivery. In any case, tl payments for such material shall not exceed the bic quantities unless a Chanqe Order is issued for additional work,
26. EXISTING ACCESS HOLES, AND WATER AND GAS VALVES
The Contractor shall adjust all existing access hole frames and cover, and water and gas valve frames and covers in work area to finish grades. All costs of
complying with therequirements of this paragraph shall be included in the price bid for the Various Items Of
Work, and no additional payment will be made.
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27. EXISTING STREET NAME SIGNS, STOP SIGNS AND MAIL BOXES e
The Contractor shall relocate all existing street name
signs, stop signs, and mailboxes in work area to new location shown on the Plans. Payment for relocation of street signs, stop sign, and mail boxes shall be included in the price'bid for the Various Items Of Wor) and no additional payment will be made.
28. TRANSITION GRADING
In areas where only curbs and gutters are to built and sidewalk is eliminated, the Contractor will be responsible for smooth transitional grading from back ( the curb and gutter to Llle property line. Payment for
transitional grading shall be included in the price bic
for Various Items Of Work, and no additional payment
will be made.
29. CONCRETE BLOCK MASONRY (RETAINING WALL)
A. The work shall conform to the requirements of
Section 303-4 of the SSPWC.
B. Payment for concrete block masonry shall be as specified in the prices bid for Concrete Block Wal:
Section, and shall include full compensation for tl
furnishing of all labor, materials, tools, and
equipment, and performing all work involved in constructing such concrete block masonry in place i
shown on the Plans.
0
C. Unless otherwise specified, concrete block masonry
walls shall be measured parallel to the finished
grade deducting the widths of full-height openings
30. CONCRETE CATCH BASINS AND ACCESS STRUCTURES
A. The work shall conform to the requirements of Section 303.1 of the SSPWC and to these Special Provisions.
B. The price paid for these items shall include all tl materials, equipment, excavation, connection to existing storm drain pipe, labor, and operations necessary to construct them complete and in place ( shown on the Plans and as specified in these Speci,
Provisions, and no additional payment will be made
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# P
m 31. FINAL CLEANUP
The construction site shall be left in a neat and presentable condition. The cost of site cleanup shall
be considered as included in Other Items Of Work, and I additional payment will be made.
32. STORM AND GROUNDWATER DAMAGE
The Contractor shall, throughout the entire term of thc contract, assume all risks and expenses of interferenct
and delay in the operations, and the protection from 01 the repair of damage to improvements being built by the Contractor under the contract as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground, or other
sources. However, the Contractor may also assume full responsibility and expense of protecting or removing ai returning to the site of work, all equipment or
materials under his/her care endangered by any action (
the elements.
Furthermore, the Contractor shall indemnify and save harmless the City against all claims or suits for damac arising from his/her operations in dewatering the work
and control of water.
Should a storm occur prior to the date upon which the
work is completed, and should debris or other material: be deposited as a result of said storm in or upon any works or improvements of whatever nature constructed
under the contract, the Contractor shall immediately remove and dispose of such deposited material and no additional compensation for such removal and disposal will be made.
The Contractor shall, at all times, when rainfall or other drainage flows are occurring on the project, havl
supervisory personnel and workers on duty. During sucl times, the Contractor shall have readily available
sufficient material and equipment to protect the public
from danger, and to protect the project work, as well i private or public property from damage.
The cost of such work is included in the unit price bic for the Various Items Of Work, and no additional paymei will be made.
0
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33. REMODELING OF HOUSE CONNECTION SEWERS m
The Contractor shall remove all existing house
connection sewers which interfere with a part of the permanent work to be constructed under the contract. The Contractor shall reconstruct or remodel said house
connection sewers. When a house connection sewer is found to occupy the space to be occupied by a part of
the permanent works, the Contractor shall notify the
Engineer and the Engineer will approve the remodeling method to be used.
The cost of such work is considered included in the
price bid for the Various Items Of Work, and no additional payments will be made.
34. UNCLASSIFIED EXCAVATION: Attention is directed to Section 300-2 "Unclassified Excavation" of the SSPWC.
Unclassified excavation shall consist of all excavation
including roadway, unsuitable material, slopes, and excavation requirements as specified in the "Geotechnical Investiqation --- for La Costa Major Roads" project dated January 8, 1981.
Material that is unsuitable for the planned use shall bc excavated and disposed of in accordance with plans and
Special Provisions, in accordance with the geotechnical report, afore mentioned, the SSPWC or as directed by thc Engineer. All cost involved in compliance with the recommendation of above referenced geotechnical report shall be considered as included in the prices paid for
earthwork involved and no additional compensation will be allowed.
When it has been determined at the time of grading by the soils engineer and approved by the City Engineer, that additional stabilization of slope banks is required, payment for additional unclassified excavatiol will be made at the contract price per cubic yard. The quantity will be determined by survey procedure to
determine volumes of earth excavated by the City
Engineer. Payment for requred survey will be at the expense of the City. Payment for unclassified
excavation will be made at contract unit price per cubil yard. Payment for unclassified excavation shall includ compensation for excavation, sloping, rounding, tops an ends of excavation, loading, disposing of surplus
material, stockpiling and hauling to its final location
a
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*a p
m 35. SUBMITTALS
The Contractor shall submit detailed drawings when
required, of articles and equipment for the City
approval, as set forth in Section 2-5.3 of the SSPWC.
Shop Drawings. Each submittal shall be complete with
respect to dimensions, design criteria, materials,
connections, bases, foundations, anchors, and the like
and shall be accompanied by technical and performance data as necessary to fully illustrate the information the shop drawings. Unless otherwise specified, each submittal shall include six sets of black-line printed
copies or, at the option of the Engineer, one set of
reproducible copies and two sets of black-line printed
copies. Three sets of printed copies or the
reporducible set, as applicable, will be returned to tl Contractor marked to show the required corrections or
approval.
Shop Drawings will be required for Bid Items not covert by the San Diego Regional Standard Drawings, the City t Carlsbad Standard Drawings, or the Costa Real Municipa Water District Standard Drawings, including but not necessarily limited to the following:
1. Structural Plate Arch
2. Gate Valves
3. Air Release Assembly
4. Blow-off Assembly
Submittals other than Shop Drawings:
1. Process Work Schedule (in chart form)
2. Trench Bracing 3. Traffic Detour Route including Sign Location
4. Sample of Stamped Concrete
ID
36. STRUCTURAL PLATE ARCH
The thickness of the structural plate arch material shall be sufficient to provide a 50 year minimum life for the crossing period. Resistivity and pH test results are available upon request. The shop drawings shall include documentations to substantiate the abili of the structural plate arch to withstand H-20 loading from the roadway.
i,
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SEED MIX FOR ALGA ROAD IMPROVEMENT PLANS m
O'Conners Legume (inoculated). Trifolium fragiferum var. O'Conners 10 lbs/acre
Cal i forni a Poppy Eschschol ia cal ifornica 3 lbs/acre
Straw Mulch 2500 1 bs/acre
Ferti 1 i zer "Super Si ngl e Phosphate" (0-25-0) 200 1 bs/acre
M-Bi nder "Ecology Control s 'I 100 lbs/acre
Note :
1. The O'Conners legume seed shall be "pelletted inoculated" with rhibozobia strain "trifolium specific #6" at 5 lbs/100 lbs seed. Glued onto seed with gum arabic based glue.
mulch with seed.
After seed is applied, apply hydromulch, fertilizer and M-binder.
Contractor shall provide City Engineer with seed bags from seed company prior to application to varify purity of seed. of inoculation is also required.
5. All other notes referring to landscape matters from the grading plans (project No. CC 3141, drawing No. 233-6, see sheet 2) shall apply.
2. Apply seed only with dryhydroseed machine. *Do -- Not mix hydro-
3.
4. Proof J)
1 /3/84
@ MAS:kaw
59
e a
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Clerk
&itp of carls’ttab
September 26, 1985
T.B. Penick & Sons, Inc.
P.O. Box 8428
San Diego, CA 92102
Bond Release for Contract No. 3141 - Construction of
Alga Road
The Notice of Completion for the above referenced
project has been recorded. Therefore, we are releasing
75% of the Performance Bond, Lumberman’s Casualty
Company Eond No. 3ST344-574-00. Please consider this
letter as your notification that $626,718.75 of the bond is hereby released. We are required to retain the remai
ing 25% for a period of one year. claims have been filed, it will be released.
The Labor & Materials Bond No. 3ST344-574-00 will be
released on February 2, 1986.
At that time, if no
giiiiL6- eputy City Clerk
a IuzwLuLlIy I-eyuc3l-cu uy a1u IELCLLII IU. City Clerk
1200 Elm Avenue
Carlsbad, CA 92008
.B 51 fi e. Lad
NOTICE OF COMPLETION
ENGINEERING
To All Laborers and Material Men and to Every Other P
Interested:
YOU WILL PLEASE TAKE NOTICE that on January 30, 1985, 1985
Engineering project consisting of the construction of Alga
on which T. B. PENICK & SONS was
mberman's Mutual .Casualty Company wac
d.
\gyj #!& -2 Ab! I\: 50
1 E
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the , 1985, acceptt
above described work as w c ple ed and ordered that a Notj
Council of said City on
Completion be filed.
I declare under penalty of perjury that the foregoi
Executed on.+-= 3 I Y 1985 at Car
true and correct.
California. L
CITY OF CARLSBAD
,- j . .. e c ' m
..- -7 .' -,-:/ J 3 '.*I. ,, ,' ,,,, J'' . , ,I
-7
-v 1) 0
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Clerk
aitp of CsrI$'brab
July 31, 1985
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation are the following described
documents :
Notice of Completion - Engineering
Construction of Alga Road - Contract #3141
T.B. Penick & Sons, Contractor
Our staff has determined that the recordation of this
document is of benefit to the City; therefore, it is
requested that the fees be waived.
Thank you for your assistance in this matter. i$ii?YzDF eputy City Clerk
Enc.
(B 1cbuLuLlly r\yuCaJu uy UIU ILC-LCLII AU. * City Clerk 1200 E”;m Ave. Carlsbad, CA 92008
NOTICE OF COHPLETIOW
ENGINEERING
To All Laborers and Material Men and to Every Other
Interested:
YOU WILL PLEASE TAKE NOTICE that on January 30, 1985, 198
Engineering project consisting of the construction of Alga
Contract No. 3141 on which T. B. PENICK & SONS wa
Contractor, and Lumberman’s Mutual Casualty Company wa
surety, was completed.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; thi , 1985, accept Council of said City on
above described work as comple ed and ordered that a Not
Completion be filed.
-
I declare under penalty of perjury that the forego
Executed on dZir 3 i 9 1985 at Car
true and correct.
California. f
I
CITY OF CARLSBAD
&d,YizL 2 QLm City Clerk
Corroon 8 Black
3580 Fifth Avenue $an Diego, CA 92103
T.B. Penick & Sons, Inc. P.O. Box 8428 San Diego, CA 92102
COMPREHENSIVE FORM
m~sEsmmnom
PROWCTS/COMPLETED OpEAAnm
i"0ENT-
BRDADFoRMpRopERlyoAMAGE
PERSONAL lNJURY PERSONAL INJUR'
NOWNED AUTOS
GARAGE UABILITY
UMBRELLA FORM
Alga Road Improvements, Contract #3141
Carlsbad, CA 92008-1989
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUClES BE Corroon & Hac!:
3580 Fifth Avenue
San Diego, CA 92103
T.B. Penick & Sons, Inc.
P.O. Box 8428
San Diego, CA 92102
NAMED ABOVE FOR THE POUCY PER14
COMPREHENSIVE H)RM
pREtms/oPE~nmis
PROWCTS/CWPLETED opEunDNs
I-ENTCOMTRACTDRS
BRoAoMRMpRopERpIoAMAGE
WtsoNAL INJURY RSONAL INJURV
ALL OWNED AUTOS (PRN PASS.)
NOKOWNED AUTOS
Tamarack: Sunny Hi 11 to Sky1 ine - Contract $3?.fi3
City of Garlsbad '200 ElR Avenue
Carl sbad, Cal i-forni a 92CO8-1980
NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE D
EXTEMD OR ALTER THE COVERAGE AFFCRDED BY THE POLICIES BE ROBERT F. DRIVER CO., IYC.
POST QFFICE 670
SAN OIEGU, CALIFORNIA 92112
T. 8. PENXCK & SONS
POST OFFICE BOX 8428
SAN DIEGO, CALIFORNIA 92102
hESElN IS SUBJECT TO ALL THE TERMS, EXCLU
PPErlENSIVE FORM BP608569201
ON 8 C3LLAPSE H&!AR[)
TSiCOMPLFTED OPEWTIIINS
NDENT CONTRACTORS
FOW PROPERTY DAMAGE
8A609569301
ALL OWNED AUTOS (PRib PASS 1
ALL OWNED ALTOS (Ek$R&!tN)
NON-OWNED AUTOS
GARAGE LIABILIN
PRO626793601
DNPEMSXTIOPI
EMPLOYERS' LlAElhWY
JOB: Alga Road Iarrprovmmt Contract #3141
ABOVE DESCRB5ED "OLECtES E CANCELLI
1200 Elm Avenue
carlshd, CA. 92008-1989
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RESOLUTION NO.313
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT FOR THE ALGA ROAD IMPROVEMENTS - CONTRACT NO. 3141.
WHEREAS, funds in the amount of $986,654.50 are available for the
Improvement project as approved by the City Council on January 24, 19E
WHEREAS, City funds in the amount of $697,097 and outside source
the amount of $143,527.50 for a total of $840,624.50 have been encumbc
this contract to date; and
WHEREAS, additional expenditures in the amount of $15,455.40 are
for the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
as follows:
1.
2.
The above recitations are true and correct.
The Change Orders in the amount of Fifteen Thousand, Four H
Fifty-Five Dollars and Forty Cents ($15,455.40) from Account No. 10-1
are hereby approved.
PASSED, APPROVED, AND ADOPTED by the City Council of the City 01
June , 1984, by tl
I 1 a regular meeting held on the 5th day of
I vote, to wit: I I AYES: Council Members Casler, Lewis, Kulchin, Chick 1 NOES: Mne
;
j Y:&LL,, d &dc.,,
ABSENT: None
LER, Mayor ‘1
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1 ATTEST:
’ 1 I XLtTHA L. RAU 6l&&&4&a- L, CltY Clerk
i i
I I
‘ 1 (SEAL)
i
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I -/A I- 0 m 'F
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing
Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until
2:OO PM on the qm day of $A NUARY , 198q at whic
time they will be opened and read for performing the work as
follows:
ALGA ROAD IMPROVEMENT
CONTRACT NO. 3141
Multiple Bid Schedules. The Construction of street improvement
along Alga Road has been divided into two separate bid schedule Potential bidders must submit bids for each of the two schedule The work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the
City of Carlsbad on file in the Engineering Department. "The -
Standard Specifications for --- Public Works Construction", and certain portion of "Geotechnical Investigation -- for La Costa Maj Roads", and by this reference incorporated herein and made a pa hereof.
The documents which must be completed, properly executed, and
notarized are:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience
All bids will be compared on the basis of the Engineer's estim?
The estimated quantities are approximate and serve solely as
basis for the comparison of bids. The Engineer's estimate is:
BID SCHEDULE NO. 1: $
BID SCHEDULE NO. 2: $ /co, QQ 0.
No bid shall be accepted from a contractor who has not been
licensed in accordance with the provisions of State law. The
contractor shall state his or her license number and
classification in the proposal.
5J "tr?- +G J2/Id * 3
I 0 e I --u-
t
Plans, Special Provisions and contract documents may be obtainec
at the Engineering Department, City Hall, Carlsbad, California,
for a nonrefundable fee of $25 per set.
The City of Carlsbad reserves the right to reject any or all bit
and to waive any minor irregularity or informality in such bids
The general prevailing rate of wages for each craft or type of
worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to
the Sections 1770, 1773, and 1773.1 of the California Labor Cod Pursuant to Section 1773.2 of the California Labor Code, a
current copy of applicable wage rates is on file in the Office
the Carlsbad City Clerk. The contractor to whom the contract i awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the
execution of the contract,
The prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code.
The provisions of Part 7, Chapter 1 of the California labor Cod commencing with Section 1720 shall apply to the contract for
work.
Bidders are advised to verify the issuance of all addenda and
receipt thereof one day prior to bidding. Submission of bids
without acknowledgment of addenda may be cause for rejection of bid.
Bonds to secure faithful performance of the work and payment of
laborers and materials suppliers each in an amount equal to 1OC
percent of the contract price shall be required for work on thj
project.
Approved by the City Council of the City of Carlsbad, Californj
by Resolution No. 7VJi5- , adopted on the Cp -I-4 da1
of 0- , 19 p.7 .
/983 Date I Aletha L. Rautenkranz, CityIClerk
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