HomeMy WebLinkAboutThe Pahla Corporation; 1995-11-21; 3466A8
CITY OF CARLSBAD
San Diego County
Ca I if ornia
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CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
OLIVENHAIN ROAD PHASE I unLinEs GRADING
CONTRACT NO. 3466A
811 19 I* 49
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CITY OF CARLSBAD
San Diego County
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s California
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CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
OLIVENHAIN ROAD PHASE I unLinEs GRADING
CONTRACT NO. 3466A
811 195 Be @
TABLE OF CONTENTS - Item Page
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . , . . . . 1
CONTRACTOR’S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . 4
BIDDER’S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . 9
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . 13
BIDDER’S STATEMENT OF FINANCIAL RESPONSiBlUTY . . . . . . . . . . . . . , . . . . , . . , . . 15
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . 16
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 I CONTRACT - PUBUC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ESCROW AGREEMENT FOR SURElY
DEPOSITS IN UEU OF RETENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
RELEASEFORM ...................................................... 35 1 SPECIAL PROVISIONS
I I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbac
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 6th day o
October, 1995, at which time they will be opened and read, for performing the work as follows
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OLIVENHAIN ROAD PHASE I umims GRADING
I.
1 CONTRACT NO. 3466A
The work shall be performed in strict conformity with the specifications as approved by the Cit
Council of the Crty of Carlsbad on file with the Engineering Department. The specifications fa
the work include the Standard Specifications of Public Works Construction, (SSPWC), 199<
Edition, and the latest supplement, hereinafter designated “SSPWC”, as issued by the Souther1
California Chapter of the American Public Works Association and as amended by the specit
provisions sections of this contract. Reference is hereby made to the specifications for fu
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators an<
contractors to utilize recycled and recyclable materials when available and where appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasin!
Department. Each bid must be accompanied by security in a form and amount required by law
The bidder’s security of the second and third next lowest responsive bidders may be withhelc
until the Contract has been fully executed. The securiity submitted by all other unsuccessfu
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract i!
awarded. Pursuant to the provisions of law (Public Contract Code Section 22300)’ appropriatc
securiiies may be substituted for any obligation required by this notice or for any monies withhelc
by the City to ensure performance under this Contract. Section 22300 of the Public Contrac
Code requires monies or securiiies to be deposited with the City or a state or federally charterec
bank in California as the escrow agent.
The documents which must be completed, properly executed, and notarized are:
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1. Contractor’s Proposal
2. Bidder’s Bond
3. Non-Collusion Affidavit Experience
4. Contract
5. Designation of Subcontractors Certification
6. Amount of Subcontractors’ Bid
7. Bidder’s Statement of Financial Responsibility
8. Bidder’s Statement of Technical Ability and
9. Purchasing Department Representation and
10. Escrow Agreement for Security Deposits (optional)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate I is $4O,OOO.
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No bd shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration date
and classification in the proposal, under penalty of perjury. The following classifications are
acceptable for this contract: "A" in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, Clty Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non-refundable fee of $1 5.00 per set. If plans and specifications are to be mailed, the cost
for postage should be added.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor
irregulariiy 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 Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting
and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer"
for the purposes of Section 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated
in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy
between words and figures, the words shall prevail. In case of an error in the extension of a unit
price, the corrected extension shall be calculated and the bids will be computed as indicated
above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed
or written in with ink and must be initialed in ink by a person authorized to sign for the
Contractor.
Bidders are advised to veri the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection
of bid.
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Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. These bonds shall
be kept in full force and effect during the course of this project, and shall extend in full force and
effect and be retained by the City until they are released as stated in the Special Provisions
section of this contract. All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to
contain the following documents:
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8. in any manner.
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1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to
do so.
2) A certified copy of the certificate of authoriiy of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual statement
and quarterly statement filed with the Department of Insurance pursuant to Article 10
(commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code,
within 10 calendar days of the insurer's receipt of a request to submit the statements.
Insurance is to be placed with insurers that have (1) a rating in the most recent Best's Key
Rating Guide of at least A-:V, and (2) are admitted and authorized to transact the business of
insurance in the State of California by the Insurance Commissioner. Auto policies offered to
meet the specification of this contract must: (1) meet the conditions stated above for all
insurance companies and (2) cover any vehicle used in the performance of the contract, used
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certificate must state the coverage is for "any auto" and cannot be limited
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the Clty Council of the City of Carlsbad, California, by Resolution No. N/A , adopted on the N/A day of N/A , 19 N/A .
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CITY OF CARLSBAD
CONTRACTOR’S PROPOSAL
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OLIVENHAIN ROAD PHASE I umms GRADING la CONTRACT NO. 3466A
City Council
City of Carlsbad
1200 Carlsbad Village Drive 1 Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. 3466A in accordance with the Plans and Specifications of the City of Carlsbad, and
the Special Provisions and that he/she will take in full payment therefor the following unit prices
for each item complete, to wit:
Approxlmate
Item Quantity Unit
Price - Total - No. Description and Unit -
1 Grade, construct SDG&E’s access road, Ls laO.rx0. - c
construct buttress and buttress subdrams,
install erosion control, export excess soils
off the site at A k$DD 1. SI%+!/ --TKm5w
Dollars (Lump Sum)
Total amount of lump sum bid in words: 5; ‘,x.c\/’ I htkxsnd e F$+tm
e Total amount of lump sum bid in numbers: $
Price@) given above are firm for 90 days after date of bid opening.
&dp- 6 Addendum(a) No(s).
proposal.
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has/have been received and is/are included in this
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The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
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 the City Council of the City of Carlsbad, the proceeds of the check or bond
accompanying this bid shall become the property of the City of Carlsbad.
The Undersigned bidder declares, under penatty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California, validly licensed
under license number 475074 , classification && E3 which expires
on \W(Q , and that-this statement is true and correct and has the legal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. Q 7028,15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code Q 201 04.
The Undersigned bidder hereby represents as follows:
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1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid
hereunder; that no representation, oral or in wriiting, of the City Council; its officers,
agents, or employees has inducted him/her to enter into this Contract, excepting only
those contained in this form of Contract and the papers made a part hereof by its terms;
and
2. That this bid is made without connection with any person, firm, or corporation making
a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is T50d
or Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers’ compensation or to undertake 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 and continue to
comply until the contract is complete.
(Cash, Certified Check, Bond
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Busines
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IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made I by a general partner)
(3) Place of Business 1 (Street and Number)
City and State
(4) Zip Code Telephone No.
811 19 I. @
IF A CORPORATION, SIGN HERE: I
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(1) Name under which business is conducted %V&* 0% ci!L%q
1. (2)
Title I Impress Corporate Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business 2) m -
(Street and Number)
City and State I
(5) Zip Code 420 6 3 Telephone No. sR c
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NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
+ ‘T a\ ,%.
NAPc Y c4&/d’’, % p
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BID SECURITY FORM
(Check to Accompany Bid)
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(NOTE: The following form shall be used if check accompanies bid.) Bo
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY
OF CARLSBAD, in the sum of
dollars ($ ).
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check
shall become the property of the Ctty provided this proposal shall be accepted by the City
through action of its legally constituted contracting authorities and the undersigned shall fail to
execute a contract and furnish the required Performance, Warranty and Payment Bonds and
proof of insurance coverage within the stipulated time; otherwise, the check shall be returned
to the undersigned. The proceeds of this check shall also become the property of the Ctty if the
undersigned shall withdraw his bid within the period of fifteen (15) days after the date set for the
opening thereof, unless otherwise required by law, and notwithstanding the award of the
contract to another bidder.
I BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages
shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of
the bid.)
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BIDDER'S BOND TO ACCOMPANY PROPOSAL
a mow Au PERSONS BY THESE PRESENTS:
That we, THE PAHLA CORPORATION , as Principal, and INSURANCE COMPANY OF T
as Surety are held and firmly bound unto the City of Carlsbad, California, In an amount as
for which payment, well and truly made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBUGATION IS SUCH that if the proposal of the above-
follows: (must be at least ten percent (10%) of the bid amount) m PERCENT OF GREATER AM(
bounden Principa1 for: OLIVENHAIN ROAD PHASE I UTILITIES GRADING
CONTRACT NO. 3466A
in the city of Carisbad, is SCC6i;"rad by tho city ~~iinzlit, arid H t,b~s Principal sMi duly enter ir;to
and execute a Contract including required bonds and insurance policies within twenty (20) days
from the date of award of Contract by the City Council of the City of Carlsbad, belng duly
notified of said award, then this obligation shall become null and vold; otherwise, it shall be and
remain in full force and effect, and the amount specified herein shall be forfeited to the said City.
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CAPACITY CLAIM
County of SAN DIEGO
invaluable to persons relying on the
CORPORATE OFFICER(
personally appeared HELEN MALONEY
NAME(S) OF SIGNER(S) TITLE(S)
to be the person(s) whose name(s) idare
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
SIGNER IS REPRESENT
NAME OF PERSON(S) OR ENTITY(IE5 WITNESS my hand and official seal.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAMED ABOVE
DATE OF DOCUMENT
of this form.
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In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
Executed by SURElY this 4TH day OCTOBER ,19=. Executed by PRINCIPAL this 4TH day of OCTOBER ,19%. of
PRINCIPAL: SUREIY:
THE PAHLA CORPORATION INSURANCE COMPANY OF TRE WEST
(name of Principal) (name of Surely)
P.O. BOX 85563
SAN DIEGO, CA 92186
(address of Surety)
LOYAL T-.- CARLIN (61 9) 279-3800
(print name here) (telephone number of Surety)
PRESIDENT By: (Title and Organization of Signatory)
By: HELEN MALONEY
(sign here) (printed name of Attorney-in-Fact)
(print name here) (Attach corporate resolution showing current '0 power of attorney.)
(titre and organization of signatory) *
b"
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under coprate sea! ernpwerinn, ?h~t officer tn bind the c~qxmticn.)
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APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
0 8/1/95
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Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
POWER OF ATTORNEY *
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Calitornia Corporation, does hereby ap
HELEN HALONEY
its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, unc
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by
of Directors on the 22nd day of November, 1994. which said Resolution has not been amended or rescinded and of which the foll
true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the
and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney
on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to atta
the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnc
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized
this 2 8th day of March 1B5. 0 *at" , ,199
C4 Kornti~'.
INSURANCE COMPANY OF THE WEST
3 ,@Rp0R4?t~ *
6-
0
STATE OF CALIFORNIA ss:
COUNTY OF SAN DIEGO .i
jf ,/' if t .+
March 28th, 1995 On this before me personally appeared John L. Hannum, Senior Vice President of IN
COMPANY OF THE WEST. personally known to me to be the individual and officer who executed the within instrument, and ack
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf o
acted, executed the instrument.
WITNESS my hand and officia! sea!.
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF A'
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under th
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 4TH day of
OCTOBER i9 95
INSURANCE COMPANY OF THE WEST (=jJ J ,+onPoRArto * Fd&d$&&j
44" 1. &
c41 KoR!&~
a
E. Harned Davis, Vice President
ICW 37
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GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATORS & AMOUNT
OF OWNER OPERATOR WORK" FORMS
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REFERENCES Prior to preparation of the following Subcontractor and Owner Operator
disclosure forms Bidders are urged to review the definitions in Section 1-2
SSPWC especially, "Bid," "Bidder," "Contract," "Contractor," "Contract
Price," "Contract Unit Price," "Engineer," "Subcontractor" and "Work" and
the definitions in Section 1-2 of the Special Provisions especially "Own
Organization" and "Owner Operator/Lessee." Bidders are further urged to
review the following sections of the Special Provisions 2-3.1 "General," 2-
3.3 "Subcontractor Items of Work,' 2-3.4 "Owner Operators" and 2-3.5
Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Bids that
propose performance of more than 50 percent of the work by other than
the Contractor's own organization will be rejected as non-responsive.
Bidders shall use separate disclosure forms for each Subcontractor or
Owner Operator (O+O)/Lease of manpower and equipment that is
proposed to be used to complete the Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or
Owner Operator/Lessee the percentage of the bid item installed by the
Subcontractor or Owner Operator/Lessee being listed in the line of the
form must be entered under the column "O/O of Item by Sub" or "O/O of
Item by O+O" as applicable. If a Subcontractor or Owner
Operator/Lessee installs or constructs any portion of a bid item the entire
amount of the Contract Unit Price shall be multiplied by the Quanttty of
the bid item that the Subcontractor or Owner Operator/Lessee installed.
Suppliers of materials from sources outside the limits of work are not
subcontractors. The value of materials and transport for materials from
sources outside the limits of work, as shown on the plans, shall be
assigned to the Contractor or to the Subcontractor, as the case may be,
installing them.
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets)
shall be entered in the "Bid Item No." column.
When a subcontractor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid
business license enter "NONE' in the appropriate space.
I*
I "Penatties and Remedies."
CAUTIONS
INSTRUCTIONS
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Bidders shall make any additional copies of the disclosure forms as may
be necessary to provide the required information. The number of
additional form pages shall be entered on the first form page of each type
so duplicated.
Bidder may, at its option, combine bid items on a single row in the chart
on the disclosure forms. If using this option the Bidder must indicate the
bid item numbers to which the information in the row pertains. This option
may @ be used where the subcontractor or owner operator is
constructing or installing less than 100 percent of a bid item. The
percentages and dollar amounts may be the sums of the bid items listed
in that row.
When the Bidder proposes using a subcontractor or owner
operator/lessee to construct or install less than 100 percent of a bid item
the Bidder must attach an explanation sheet to the designation of
subcontractor or designation of owner operator/lessee forms as
applicable. The explanation sheet must clearly apprise the Agency of the
specific tasks, materials and/or equipment that are proposed to be so
supplied.
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DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required. This form must be
submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct
information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in
preparing this bid for the Work and that the listed subcontractors will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and Section 4100 et seq. of the Public Contracts Code- "Subletting and
Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor
will be allowed to perform any portion of the Work and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
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Full Company Name:
Complete Address:
\ h& Q OWQ CmzpD* Vlod
31- h N' \
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st eet
bit, Zip city
Telephone Number plus Area Code: (QPI - 57%- -A%,
California State Contractors License NO. &Classification: A 4b 475$7Cl
Carlsbad Business License No.: 9
Page \ of \ pages of this form
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DESIGNATION OF OWNER OPERATORS 8c AMOUNT OF OWNER OPERATOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or
lessee (O+O) that it proposes to use to perform any portion of the Work, in an amount in
excess of 0.5 percent of the Prime Contractor’s bid. Additional copies of this form may be
attached if required. This form must be submitted as a part of the Bidder’s sealed bid. Failure
to provide complete and correct information may result in rejection of the bid as non-responsive.
Except for the individuals listed below the Bidder certifies that no owner operator/lessee will be
allowed to perform any portion of the Work. The Bidder further certifies that no changes in the
owner operator listed work will be made except upon the prior approval of the Engineer. Provide
a separate sheet for each Owner Operator/Lessee. See section 1-2 of the Special Provisions for
definition of Owner Operator/Lessee.
Full Owner Operator/Lessee Name:
Complete Address:
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city State Zip
Telephone Number plus Area Code:
OWNER OPERATOR WORK ITEMS
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
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Bidder submits herewith a statement of financial responsibility. I* 5&497%,&J & vdc%4p./ 4 CUlu
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
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@ The Bidder is required to state what work of a similar character to that included in the proposec
Contract he/she has successfully performed and give references, with telephone numbers, whict
will enable the City to judge his/her responsibilrty, experience and skill. An attachment can be
used.
Name and Address No. of Person
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED I
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State of California 1 I
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I Subscribed and sworn to before me on the 5-L day of 0e-k bev 1- 19 95
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BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
) ss.
Countyof sw br&Go )
QAuulELA IMq L tCk 1 , being first duly sworn, deposes (Name of Bidder)
and says that he or she is
of THE PAklLC\ CcI4PoRC)7~0 PJ
SEceETAe'/
0 me)
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behatf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agenl
thereof to effectuate a collusive or sham bid.
I declare under penalty of
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rjury that the foregoing is true and correct and that this affidavit was
executed onthe rfl day of 06 , 19%
I S$nature of Bidder
I?+ PU I (NOTARY SEAL)
Signature of Notary
NatcrvR#lo-od#amb
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CONTRACT- PUBLIC WORKS
This agreement is made this && day of , 19Cc by and
between the City of Carlsbad, California, a municipaldwhereinafter called "Crty"), and
whose principal place of
business is 2130 LA MIRADA DRIVE, VISTA, CA 92083
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1.
I) THE PAHLA CORPORATION
Description of Work. Contractor shall perform all work specified in the Contract documents
for:
OLIVENHAIN ROAD PHASE I UTILITIES GRADING
CONTRACT NO. 3466A
(hereinafter called 'project")
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's
Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow
Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all
proper amendments and changes made thereto in accordance with this Contract or the
Plans and Specifications, and all bonds for the project; all of which are incorporated herein
by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the wori
as indicated, specified, and implied by the Contract Documents. Any items of work no
indicated or specified, but which are essential to the completion of the work, shall bG
provided at the Contractor's expense to fulfill the intent of said documents. In all instance:
through the life of the Contract, the Crty will be the interpreter of the intent of the Contrac
Documents, and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materials suppliers of this condition of the
Contract will not relieve responsibility of compliance.
Payment. For all compensation for Contractor's performance of work under this Contraci
City shall make payment to the Contractor per Section 9-3 of the Standard Specification
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafte
designated 'SSPWC", as issued by the Southern California Chapter of the American Publil
Works Association, and as amended by the Special Provisions section of this contract.
The closure date for each monthly invoice will be the 30th of each month. Invoices fror
the Contractor shall be submitted according to the required City format to the City'
assigned project manager no later than the 5th day of each month. Payments will bl
delayed if invoices are received after the 5th of each month. The final retention amour
shall not be released until the expiration of thirty-five (35) days following the recording c
the Notice of Completion pursuant to California Civil Code Section 3184.
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Public Contract Code section 20104.50 requires a summary of its contents to be set forth
in the terms of the contract. Below is such a summary. However, contractor should refer
to Public Contract Code section 20104.50 for a complete statement of the law.
The city shall make progress payments within 30 dzys after receipt of an undisputed and
properly submitted payment request from a contractor on a construction contract. I1
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the crty shall pay interest to the contractor equivalent to the legal
rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the city determines
that the payment request is not proper, then the request shall be returned to the contractoi
as soon as practicable but not later than seven (7) days after receipt. The returned requesl
shall be accompanied by a document setting forth in writing the reasons why the paymenl
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If the city fails to return the denied request within the seven (7) day time limit, then the
number of days available to the crty to make payment without incurring interest shall be
reduced by the number of days by which the city exceeds the seven (7) day returr
requirement.
"Progress payment" includes all payments due contractors except that portion of the fina
payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this contract (hereinaftei
"Release Form") shall be submitted prior to approval of each progress payment. The
contractor shall list all disputed claims or potentially disputed claims which arise during the
pay period. The purpose of the Release Form is to bring timely attention to areas of dispute
or potential dispute between the contractor and the City for the pay period. Failure of the
contractor to submit a completed and executed Release Form shall constitute th6
contractor's acknowledgement that no disputes of any type have arisen that pay period 01
remain from previous pay periods and the contractor waives all future rights in making
claims for disputes arising in those pay periods. All previous and new disputed claims o
potentially disputed claims shall be listed on the Release Form until such time as the
disputed claims are resolved. The contractor shall not modify the Release Form in any way
Independent Investiaation. Contractor has made an independent investigation of thc
jobsite, the soil conditions at the jobsite, and all other conditions that might affect thc
progress of the work, and is aware of those conditions. The Contract price include!
payment for all work that may be done by Contractor, whether anticipated or not, in orde
to overcome underground conditions, Any information that may have been furnished tc
Contractor by Crty about underground conditions or other job conditions is for Contractor':
convenience only, and City does not warrant that the conditions are as thus indicated
Contractor is satisfied with all job conditions, including underground conditions and has no
relied on information furnished by City.
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Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all
loss or damage arising out of the nature of the work or from the action of the elements or
from any unforeseen difficulties which may arise or be encountered in the prosecution of
the work until its acceptance by the City. Contractor shall also be responsible for expenses
incurred in the suspension or discontinuance of the work. However, Contractor shall not
be responsible for reasonable delays in the completion of the work caused by acts of God,
stormy weather, extra work, or matters which the specifications expressly stipulate will be
borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Material that Contractor believes may be material that is hazardous waste, as defined
in Section 251 17 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the contract.
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Ctty shall promptly investigate the conditions, and if it finds that the conditions do materially
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s
costs of, or the time required for, performance of any part of the work shall issue a change
order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
contractor’s cost of, or time required for, performance of any part of the work, contractoi
shall not be excused from any scheduled completion date provided for by the contract, bul
shall proceed with all work to be performed under the contract. Contractor shall retain any
and all rights provided either by contract or by law which pertain to the resolution 01
disputes and protests between the contracting parties.
Chanae Orders. City may, without affecting the validrty of the Contract, order changes,
modifications and extra work by issuance of written change orders. Contractor shall make
no change in the work without the issuance of a written change order, and Contractor shal
not be entitled to compensation for any extra work performed unless the City has issuec
a wriien change order designating in advance the amount of additional compensation tc
be paid for the work. If a change order deletes any work, the Contract price shall be
reduced by a fair and reasonable amount. If the parties are unable to agree on the amouni
of reduction, the work shall nevertheless proceed and the amount shall be determined b)
litigation. The only person authorized to order changes or extra work is the Projec‘
Manager. The wriien change order must be executed by the City Manager or the CQ
Council pursuant to Carlsbad Municipal Code Section 3.28.172.
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lmmiaration Reform and Control Act. Contractor certifies he is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1 101 -1 525) and has
complied and will comply with these requirements, including, but not limited to, veriiing
the eligibilrty for employment of all agents, employees, subcontractors, and consuttants that
are included in this Contract.
10. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department 01
Industrial Relations has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 177'3 and a copy of a schedule of said
general prevailing wage rates is on file in the office of the City Engineer, and is incorporated
by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job
9. B
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11. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and description, directly or indirectly
arising from or in connection with the performance of the Contractor or work; or from an)
failure or alleged failure of Contractor to comply with any applicable law, rules 01
regulations including those relating to safety and heatth; except for loss or damage which
was caused solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly 01
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the Crty. The expenses of defense include
all costs and expenses including attorneys fees for litigation, arbitration, or other disputc
resolution method.
Contractor shall also defend and indemnify the City against any challenges to the awarc
of the contract to Contractor, and Contractor will pay all costs, including defense costs foi
the City. Defense costs include the cost of separate counsel for City, if City request3
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurancs
against claims for injuries to persons or damage to property which may arise from or ir
connection with the performance of the work hereunder by the Contractor, his agents
representatives, employees or subcontractors. Said insurance shall meet the City's polic)
for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMITS - Contractor shall maintain the types of coverages anc I minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,OOO,OOO combined single limit per occurrence for bodily injury and propert!
damage. If the policy has an aggregate limit, a separate aggregate in the amount:
specified shall be established for the risks for which the Crty or its agents, officer:
or employees are additional insured.
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2. Automobile Liabilitv Insurance:
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damage. In addition, the auto policy must cover anv vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or
hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for 'any auto' and cannot be limited in any manner.
3. Workers' ComDensation and Employers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code of the State of
California and Employers' Liability limits of $1 ,OOO,OOO per incident. Workers'
compensation offered by the State Compensation Insurance Fund is acceptable to
the City.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following
provisions. General Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respects: liability arising out of activities performed by or on behatf 01
the Contractor; products and completed operations of the contractor; premises
owned, leased, hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers.
2. The Contractor's insurance coverage shall be primary insurance as respects the
City, its officials, employees and volunteers. Any insurance or self-insurance
maintained by the City, its officials, employees or volunteers shall be in excess 01
the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affeci
coverage provided to the Crty, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to eact
insured against whom claim is made or suit is brought, except with respect to thc
limits of the insurer's liability.
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(C) 'CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made' basis coverage shall be maintained for a period of three years following the date o
completion of the work.
(D) NOTICE OF CANCEUATION - Each insurance policy required by this agreement shal
be endorsed to state that coverage shall not be nonrenewed, suspended, voided
canceied, or reduced in coverage or limits except after thirty (30) days' prior wriier
notice has been given to the City by certified mail, return receipt requested. 1
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(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS - Any deductibles or self-insured retention levels must be declared to and approved by the Crty. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retention levels as respects the City, its officials and employees; or the
contractor shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expenses.
(F) WAIVER OF SUBROGATION -All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire
against the City or any of its officials or employees.
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(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. Coveragesfor subcontractors shall be subject to all of the requirements
stated herein.
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have a
rating in Best’s Key Rating Guide of at least A-:V, and are authorized to transact the
business of insurance by the Insurance Commissioner under the standards specified
in by the City Council in Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificates oi
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the City and are to be received and
approved by the City before work commences.
(J) COST OF INSURANCE -The Cost of all insurance required under this agreement shall be included in the Contractor’s bid.
(I)
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved ir
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with section 201 04) which are incorporated by reference. A cop)
of Article 1.5 is included in the Special Provisions I section. The contractor shall initiall)
submit all claims over $375,000 to the City using the informal dispute resolution process
described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the
provisions of this section of the contract, all claims shall comply with the Government Torl
Claim Act (section 900 et seq., of the California Government Code) for any claim or taus
of action for money or damages prior to filing any lawsuit for breach of this agreement.
(A) Contractor hereby agrees that any contract claim submitted to the City must bc
asserted as part of the contract process as set forth in this agreement and not ir
anticipation of litigation or in conjunction with litigation.
(B) Contractor acknowledges that if a false claim is submitted to the City, it may k considered fraud and the Contractor may be subject to criminal prosecution.
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(C) Contractor acknowledges that California Government Code sections 12650 et seq., the
False Claims Act, provides for civil penatties where a person knowingly submits a false
claim to a public entity. These provisions include false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information.
(D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be
prevented from further bidding on public contracts for a period of up to five years.
(F) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein b ref rence.
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I have read and understand all provisions of Section 13 above. &
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14. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with Sections 1776 and 181 2 of Part 7, Chapter
1, Article 2, of the Labor Code. If the Contractor does not maintain the records at
Contractor’s principal place of business as specified above, Contractor shall so inform the
City by certified letter accompanying the return of this Contract. Contractor shall notify the
City by certified mail of any change of address of such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
1720 of the Labor Code are incorporated herein by reference.
16. Security. Securities in the form of cash, cashier’s check, or certified check may be
substituted for any monies withheld by the City to secure performance of this contract fol
any obligation established by this contract. Any other security that is mutually agreed tc
by the Contractor and the City may be substituted for monies withheld to ensure
performance under this Contract.
17. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this Contract shall be deemed to be inserted herein anc
included herein, and if, through mistake or otherwise, any such provision is not inserted
or is not correctly inserted, then upon application of either party, the Contract shall forthwitt
be physically amended to make such insertion or correction.
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18. Additional Provisions. Any additional provisions of this agreement are set forth in the
'General Provisions" or 'Special Provisions" attached hereto and made a part hereof.
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NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
fl
b AlTACHED I'
THE PAHLA CORPORATION i . --_ - (CORPORATE SEAL) Contractor
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TQ~ Carlin Print Name of Si
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Sigkture of Sigrfator$- President I i APPROVED TO AS TO FORM:
Print Name of Signatory
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Signature ofSianatorv RONALD R. BALL
City Attorney I -- - I
Title I
By:
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----
e ATTEST:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,&,~gi PAZL a /2/oC.-.r E6h
Name and Title of Officer (e g , "Jane Doe, Notary Public')
rJ6v&uvdo 9 A l9 '' before me,
Date /
I Name@) of Signer(s)
personally appeared /bM eP;C2Lrd
0 personally known to me - OR -&proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)&/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in E/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
--c-.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &$unLh &&Y-Up
Document Date:
Signer(s) Other Than Named Above:
0 Individual 0 Individual
0 Corporate Officer
0 Partner - 0 Limited 0 General
Tit le( s) :
0 Partner - 0 Limited General
0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Prod No 5907 Reorder Call Toll-Free 1 0 1994 National Notaly Assoclation * 8236 Remmet Ave PO Box 7184 * Canoga Park CA 91309-7184
---_ __ IlV .LL\AL UA-u?IU
26 BOND NO. 1374171 -- LABOR AND MATERIALS BOND is
WHEREAS, the City Council of the City 01 Carlsbad, Stale of Californla, by Resolution NO. .95-300 , adopted 5 , has awarded to e@ AHLA CORPORATION (hereinafter
OLIVENHAIN ROAD PHASE I uwms GRADING CONTRACT NO. M66A
in the Clty of Carlsbad, in strict conformity with the drmwings and specifications, and other Contract Documents now on file in the Office of the CHy Clerk of the Ciy of Carlsbad and all of which are inoorporated herein by this reference.
WHEREAS, Prlnolpal has executed or is about to execute said Corrlract and the terms thereof require the furnishlng of a bond, providing that W Pdncfpal or any of their subcontmctors shall fall to pay for any matedak, provisions, provender or Other supplies or tWnS used in, upon or
abwt the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent herehatter set forth.
NOW, THEREFORE, WE, Principal, (hereinafter deslgneted as the 'Contrector), and as Surety, are held firmly bound unto the City of Carlsbad
+
I as THE PAHLA CORPORATION
N0/100 Dollars urn being finy percent (Sass) of the estimated amount payable terms of the Contract, for whkh payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assbns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBUQATION 19 SUCH that if the person or his/her subcontractors fail to pay for any meterials, provisions, provender, 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 1) work or labor, or for any amounts required to be deducted, withheld, and pald over to the Employment Development Depattment from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment hWahC42 Code with respect
to such work and labor that the surety will pay lot the same, not to exceed the sum specified
In the bond, and, also, in case suit Is brought upon the bod, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as requlred by the
provislohs of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and ali persons, companies and eorpomtiona entitled to file claims under Tdle 15 of Part 4 of Division 3 of the Civil Code (commenclq with Section 3082).
Suroty stipu\ates and egrees that no change, extension of time, alleration or addition to the toms of the Contract. or to the work to be petformed thereunder or the speclficatlons accompanying the same shdl affect its obligations on this bond, and it does hereby waive notice
Of any change, extension of timo, aAeralions or addition to tho terms of the contract or to the work or to the spectlications,
________-------c-------------
.
W /OS @
e
' 7-
In the event that Contmdor IS an ind'vldual, h IS agd that ths death of my woh CodreMor
shall not exonerate the Surety from Its obllgatlonr under this boncl.
fi~ecuted by CONTRACTOR thli -1 8TH Executed by SURETV thk 1 8TH day
day of. OCTOBER Ilex* of. OCTOBER , 1 8z.
CONTRACTOR: SURETY:
(name of Contractor)
e
THE PAHLA CORPORATION INSURANCE COMPANY OF THE WEST
c (name of Surety)
P.O. BOX 85563
By:. SAN DIEGO, CA 92186
L (address of Surety) (sic+# 1
LOYAL T. CARLIN (61 9) 279-3800
(print name here) (telephone number of Surety)
PRESIDENT By: lL-
By: Id-. (Title and Organlzatlon of Signatory) (signature of Attorney-in@cl)
HELEN MALONEY
(printed name of AttorneyhFact)
(Attach corporate resolution showing current
power of ettomy.)
(sign here)
(print name here) U A&ad&-hkgw fl&L/.elC/
SFLp&f# I) (Title and C)rgw-izat*?ol signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURElY must be attached,)
(Prealdent or vice-president and secretary or assistant recretary must sign for corporations. If
assistant secretary under corporate seal empowering that offlcer to bind the oorpomtion.)
APPROVED AS TO FORM:
RONALDR.BAU .
City Attorney
By:
L
I Qnty one officer signs, the corporation must attach a resolution certified by the wcretary or
I !
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I
CAPACITY CLAIMEQ B\
Though statute does not require t
fill in the data below, doing so Invaluable to persons relying on th
County of SAN DIEGO
JOHN G. MALONEY, NOTARY PUBLIC
NAME TITLE OF OFFICER - E G "JANE DOE NOTARY PUBLIC" , 1 VI 8-85 before me,
CORPORATE OFFICER personally appeared HELEN MALONEY
TIILE(S) NAME(S) OF SIGNER@)
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of whlch the
SlGWEW IS REPWESEN1
NAME OF PERSON(S) OR ENTITY(IE
OPTBONAL SECT10
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
AMED ABOVE
L F,
c
Insurance Company of the West
HOME OFFICE SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY e KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST. a California Corporatcon. does hereby app
HELEN MALONEY
its true and lawful Attorney(s)-in-Fact, with full power nnd authority. to execute. on behalf of the Coriipnny. fidelitv and sutety bonds, uridf
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following ReSOllJtiOn adooted by tt
of Directors on the 22nd day of November, 1994. which said Resolution has not been amended or rescinded and of which the follot
true copy:
“RESOLVED. that the Chairman of the Board. the President. an Executive Vice President or a Senior Vice President of the C
and each of them. is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to
on behalt of the Company, fidelity and surety bonds, undertakings. or other contracts of suretyship of a similar nature: and to attack
tlln sen1 of the Company: provided however, that the absence 01 the seal shall not affect the validity of the instrument.
FURTHER RESOLVED. that the signatures of such officers and the seal of the Company. and the signatures of any witnes
signatures and seal of any notary. and the signatures of any oificers certifying the validity of the Power of Attorney. may be affixed by fa
IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized o
this 28th day of March 1935 0 s ,*co~roRrrro
&44C”, 4
C4IfOM~~
INSURANCE COMPANY OF THE WEST
/’ 1 ,/
___. - ,!d--i --.- --&# STATE OF CALIFORNIA ss:
COUNTY OF SAN DIEGO / _. John L Hannum. Senior Vice President ,.
I)
/ ,/
March 28th, 1995
On this before me personally appeared John L. Hannum. Senior Vice President of INS1
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and ackno
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf ot H
acted. executed the instrument.
WITNESS my hand and otlicial seal.
Notary Public
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATT(
of which the foregoing is a true copy, is still in full force and effect. and that this certificate may be signed by facsimile under the i
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President. on this 18TH day of
0 C T 0 BE R l9 95 0 3 ,coltOR*rta >
%“I. &
cAl&onn!C
INSURANCE COMPANY OF THE WEST
L?..gd&&,,)
E. Harned Davis. Vice President
I)
ICW 37
ZB YVLIY L*V. I-. I L I , I
PREMIUM: $1,500.00
FAITHFUL PERFORMANCUWARRANN BOND
WHEREAS, the Clty Coumil of the City of Carlsbad, State of Caliornis, by Resol-
NO. 95-300 e adoptd OCTOBER 17, 1 995 , has awarded to
THE PAHLA CORPORATION , (herelnebtec designated as the 'Principal'), a Contract for:
OLlVENHAlN ROAD PHASE I UTILITES GRAOING
CONTRACT NO. 346614
in the City of Cadsbad, In strict conformity with the contract, the drawings and specffica\ions,
and other Contract Documents now on file in the Onice of the City Clerk of the City of Carlsbad.
all of which are incorporated herein by this reference.
WHEREAS, Prlnclpal has executed or is about to exwute said Contract and the term thereof
require the furnishing of a bond for the faithful performance and warranty of sald Contract;
-8 *-
NOW,THEREFORE,WE, THE PAHLA CORPORATION I asPrincipd, (heteinafterdesignatedasthe"Cohtracto~'),and INSURANCE COMPANY OF' THE WEST
, as Surety, are held and firmly bound unto the Ci of Carisbad,
Dollar6
($. 60,000.0 0 ), said sum being equal to one hundred percent (10096) of the estimated amount of the Contract, to be paid to City or its certaln attorney, its succe~~ and asslgns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and adminlstrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONOlTlON OF THIS ODUGATION IS SUCH that if the above bounden Contractor, thetr
heirs, executors, administrators, successors or asslgns, shall in dl things stand to and ablde by,
and well and truly keep and perform the covenants, conditions, and agreements In the Contract
and any aheration thereof made as therein provMed on their part, to be kept and performed at
the time and in the manner therein specified, and In all respects according to their tnre intent
and meaning, and shall indemntfy and save hamless the City of Carlsbad, its officers,
employees and agents, as therein stipulated. then this obligation shall become null and void;
otherwise tt shall remain in full force and effect,
As a part of the obligation secured hereby and in edditiin to the face amount specified therefor,
them shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees. incurred by the City in successfully enfotclng such obligatbn, all to be taxed as costs and
inckhd in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract, or to the work to be prformed thereunder ot the specNIcatlons
accompanying the wm shall affect Its obligatbns on this bond, and H does hereby waive notice
of any change, extension of time, alterations or addition to the tern of the Contract or to the work or to the specifications.
In the sum of , SIXTY THOUSAND AND NO/I OO------------------------- ____________________-------------------------------------
It
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C ,IFORNlA ALL-PURPOSE ACKNOWLEDGMENT - OPTIONAL SECT
CAPACITY CLAIMED B
Though statute does not require
fill in the data below, doing s invaluable to persons relying on ti
[II CORPORATE OFFICE1
State of CALIFORNIA
County of SAN DIEGO
personally appeared HELEN MALONEY
NAME(S) OF SIGNER(S) TITLE@)
to be the person(s) whose name(s) idare
capacity(ies), and that by his/her/their
signature(s) on the instrument the person@),
or the entity upon behalf of which the
SIGNER IS WEPRESEN
NAME OF PERSON@) OR ENTITY(i WITNESS my hand and official seal.
rHlS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT
* , 27
In the event that Contractar Is an ldivldual, ll IS agreed that the death of any wch Contractor
shall not exonerate the Sumty from Its obligations under this bond.
Executed by CONTRACTOR thl6 18TH kwuted by SURETY this * 1 8TH day
day of OCTOBER , WE. of OCTOBER . , 1 Qs.
CONTRACTOR: SURElY:
r:,
THE PAHLA CORPORATION INSURANCE COMPANY OF THE WEST
a
(name at Contractor) (name of Surety)
P.O. BOX 85563
SAN DIEGO, CA 92186
(addrsur of Surety)
By: &d d*&*
(Wdhde)
LOYAL T. CARLIN (619) 279-3800 -
(print name here) (telephone number of Surety)
PRESIDENT f3y: Lm -
- +h%?w- fl&(lOM
(Utle and organization of efgnatory) (signature of Attorney-ln-F&t)
By: HELEN MALONEY
(sign here) (print& name ot Attotney-in-Fact)
(print name here) (attach corporate resolution showlng current
power of attorney)
(tiUe and organizationl/of signatory)
. (Proper notarial acknowfedge of execution by CONTRACTOR and SURETY must be attached.)
only one officer sbns, the corporation mukf attach a resolution certified by the secretary or
8
(President or vlce-president and secretary or assfstant secretary must slgn for corporations. If
assistant secretaty undet corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
I
r
city Attorney
By:
811 195
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Insurance Company of the West
HOME OFFICE: SAN DIEGO. CALIFORNIA
POWER OF ATTORNEY
NOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby aF
HELEN MALONEY
1
its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, unc
and other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resoliition adopted by
of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the foll
true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the
and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney
on behalf of the Company. fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to atta
the seal of the Company: provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witn
signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized
this 28th day of March 195. 0 3 ,~GO*POR~T~~ +
*IC" , , \Q+
CALIFOW*
INSURANCE COMPANY OF THE WEST
-* TATE OF CALIFORNIA ss: .-
COUNTY OF SAN DIEGO f )i i ,e' 2 >I March 28th, 1995
8
On this before me personally appeared John L. Hannum, Senior Vice President of IN
COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and ack
to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf 01
acted, executed the instrument.
WITNESS my hand and official seal.
CERTIFICATE:
I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF A1
of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under thc
of the above quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 1 ~TH day of
OCTOBER 19 95
INSURANCE COMPANY OF THE WEST 0 3 ,*GO~PO~4Tca * g--&&&&i;zb)
+RCH 1 ~ 16.
C*Lwaw\h E. Harned Davis, Vice President
ICW 37
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CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of CA-L~FO'N' '
/Ad37 P47E'L. NoLy &Sl
Name and Title of Officer (e g , "Jane Doe, Notary Public")
NWmH' 9; /s9J' before me,
Date
personally appeared 6- &#wd & hm&LA /)7dL!/Ck/ I
Name@) of Signer@)
0 personally known to me - OR -$proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/ar&subscribed to the within instrument
and acknowledged to me that he/she/% executed the
same in his/her/tEauthorized capacity(ies), and that by
his/her/tssignature(s) on the instrument the person@),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: To& CARL '& Signer's Name: PPM Ef 9 mQtrcktc/
individual 0 Individual W Corporate Officer
0 Partner - 0 Limited General 0 Partner - 0 Limited 0 General
&$ Corporate Officer
Tit le (s) :
0 Guardian or Conservator 0 Guardian or Conservator
Signer Is Representing: Signer Is Representing:
0 1994 National Notary Association * 8236 Rernrnet Ave , PO Box 7184 * Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-
P. 0. Box 85481 .................................................................................................
(619) 584-6400
San Diego, CA 92186-5481
PAHLA CORPORATION
2130 LA MIRADA DRIVE
VISTA CA 92122
TYPE OF INSURANCE POUCY NUMBER UMKS
............................................................. : PAODUCTSC0MPK)PAGG. jJ 1 .........................................................
..................................................
EMPLOYERS’ LIABILITY
...................................
TY OF CARLSBAD
00 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008-1989
0 a ONA
For All the Commitments You make’ PAHLA CORPORATlONlPOLlCY # C113429730
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 0
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (called a
insured) whom you are required to add as an additional insured on this policy under
1.
2.
a written contract or agreement; or
An oral agreement or contract where a certificate of insurance showing that person or organization as sn add
insured has been issued; but:
the written or oral contract or agreement must be:
(a) currently in effect or becoming effective during the term of this policy; and
(b) executed prior to the “bodily injury,” “property damage,” “personal injury,” or “advertising injury.”
This insurance provided to the additional insured is limited as follows:
1. That person or organization is only an additional insured with respect to liability arising out of
a. Premiums you own, rent, lease, or occupy or
b. “Your work for that additional insured by or for you.
The limits of insurance applicable to the additional insured are those specified in the written contract or agi
or in the Declarations for this policy whichever are less. These limits of insurance are inclusive of and not in
to the limits shown in the Declarations.
0
2.
The insurance provided to the additional insured does not apply to “bodily injury”, property damage”, personal i
advertising injury” arising out of an architect‘s, engineer‘s, or surveyor’s rendering of or failure to render any pro
services including:
1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,
change orders, designs or specifications; and
Supervisory, inspection or engineering services. 2.
Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the I
insured whether primary, excess, contingent or any other basis unless a contract specifically requires that this i
be primary or you request that it apply on a primary basis.
THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE C
POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW.
POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE
(ED. 09/92)
THIS ENDORSEMENT d ANGES THE POLICY. PLEASE R d D IT CAREFULLY I
a AMENDATORY ENDORSEMENT - ADDITIONAL INSURED
This endorsement modifies insurance provided under the following
Commercial General Liability Coverage Part
It is agreed that the insurance afforded to the Additional Insured is primary insurance.
If, however, the Additional Insured has other insurance which is applicable to the loss,
the said other insurance is excess over any other valid and collectible insurance pro-
vid i ng coverage.
The Company’s limits of liability under this policy shall not be reduced by the existence
of such other insurance.
0
U-GL-297
This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effect
is shown below.
Must Be Completed
Endt No. Policy No. issued to
Complete Only When this Endorsement Is Not Prepared with the
Or is Not to be Effective with the Policy
Effective Date of
This endorsement
C113429730 PAHLA CORPORATION e
For All the Commitments You Make* Countersigned by
e a
t
C!NA
For All the Commitments You make*
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
Schedule
Name PAHLA CORPORATION Location CITY OF CARLSBAD
WHO IS AN INSURED (Section II) is amended to include as an Insured the person(s) or orgainzation(s) sha in the scheudle but only with respect to their liability araising out of:
a)
b) at the location shown in the scheudle
for claims arising out of operations, maintenance, or use of a covered auto.
This insurance shall be primary insurance over any other insurance available to the schedule insured.
your work for the additional insured@) at the location designation or
acts or omissions of the additional insured@) in connection with their general supervision of “youl
e
UCA 229 *
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City of Carlsbad
Purchasing Department
Representation and Certification
The following representation and certification are to be completed, signed and returned with proposal.
REPRESENTATIONS: Mark all applicable blanks. This
offeror represents as part of this offer that the ownership,
operation and control of the business, in accordance with the specific definitions listed below is:
I am currently certified by:
Certification #:
I.
I (Check appropriate Ethnic Ownership Type) CERTIFICATION OF BUSINESS REPRESENTATD
Mark all applicable blanks. This offeror represents
of this offer that:
X This firm is , is not minority business.
This firm is , is not X woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned bi
a business of which at least 51 percent is owned, c
and operated by a woman or women. Controlled is d exercising the power to make policy decisions. Op
defined as actually involved in the day-to-day manal DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: “Minority Business‘ is efined as a business, at least 51 percent of which is owned, operated and controlled by minority group members, or in the
case of publicly owned businesses, at least 51 percent of
which is owned, operated and controlled by minority group
members. The Small Business Administration defines the
socially and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (Le. American
Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-
Pacific Americans (Le., U.S. Citizens whose origins are from
Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam,
the US. Trust Territories of the Pacific, Northern Marianas,
Laos, Cambodia and Taiwan).
CERTI FI CATION:
The information furnished is certified to be factual and correct as of the date submitted.
Tom Carlin
President
THR PZiHT.A CORPORATION COMPANY NAME NAME 8 A,,,”,iiO La Mirada Dr.
I CITY, STATE AND ZIP
Vista, CA 92083
11/8/95
DATE
811 19
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OPTlONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called 'City' and
whose address is hereinafter
called "Contractor" and Whose
address is hereinafter
I.
1 called "Escrow Agent."
For the consideration hereinafter set forth, the Cdy, Contractor and Escrow Agent agree as
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the
contractor has the option to deposit securiities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contrad
entered into between the City and Contractor for
in the amount of dated (hereinafter referred to
as the "Contract"). Alternatively, on wriien request of the contractor, the Crty shall make
payments of the retention earnings directly to the escrow agent. When the Contractoi
deposits the securiiies as a substitute for Contract earnings, the Escrow Agent shall notify
the City within 10 days of the deposit. The market value of the securities at the time of the
substitution shall be a least equal to the cash amount thencrequired to be withheld as
retention under the terms of the contract between the City and Contractor. Securiiies shal
be held in the name of the , and shall designate the
Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise
would be withheid from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securiiies in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escroM
agent shall hold them for the benefit of the contractor until such time as the escrow createc
under this contract is terminated. The contractor may direct the investment of the payment5
into securiiies. All terms and conditions of this agreement and the rights anc
responsibilities of the parties shall be equally applicable and binding when the Crty pays
the escrow agent directly.
The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment terms shall be determined by the City, Contractor and Escrov
Agent.
4.
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1 5. The interest earned on the securiiies or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by wriien notice to Escrow Agent accompanied by wriien authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
1.
I withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of defautt by the
Contractor. Upon seven days’ wriien notice to the Escrow Agent from the Chy of the
defautt, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
8. Upon receipt of written notification from the Clty certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securities on deposit and
payments of fees and charges.
9. The Escrow Agent shall rely on the wriien notifications from the City and the contractor
pursuant to Sections (4) to (6), inclusive, of this agreement and the Crty and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and
disbursement of the securiiies and interest as set forth above.
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10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
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For City: Title
Name
Signature
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1 Address
For Contractor: Title
Name
S ig nat u re
Address 1 For Escrow Agent: Title
Name
S ig nature 1. Address
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At the time the Escrow Account is opened, the Crty and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City: Title
I.
Name 1 Signature
Address
For Contractor: Title
Name
Signature
Address
For Escrow Agent: Title
Name 1. Signature
Address
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RELEASE FORM
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THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS
PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRl PTlON :
PERIOD WORK PERFORMED:
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RETENTION AMOUNT FOR THIS PERIOD: $ I DISPUTED WORWCLAIMS
1 /OR ESTIMATQ
DESCRIPTION OF DISPUTED WORK/CIAIM AMOUNT CLAIMED
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Contractor further expressly waives and releases any claim Contractor rnay have, of whatevei
type or nature, for the period specified which is not shown as disputed work/claim on this form
This release and waiver has been made voluntarily by Contractor without any fraud, duress 01
undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public I Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government Code
Sections 12650-1 2655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028 implementing
the California False Claims Act and certifies that all claims submitted to the City shall be subjec'
to the provisions of said codes and regulations.
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Contractor further certifies, warrants, and represents that all bills for labor, materials, and worl
due Subcontractors for the specified period will be paid according to Public Contract Codc
Section 20104.50 and Business and Professions Code Section 7108.5 and that the partie2
signing below on behalf of Contractor have express authority to execute this release.
DATED:
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I I. PRINT NAME OF CONTRACTOR
I DESCRIBE ENTITY (Partnership, Corporation, etc.
By:
Title:
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Title:
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SPECIAL PROVISIONS
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1. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
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I. FOR PUBLIC WORKS CONSTRUCTION
1-1 TERMS
To Section 1-1, add: 1 A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled,' or words of similar import are
used, it shall be understood that reference is made to the plans accompanying these provisions,
unless stated otherwise. 1 6. Directions:
Where words "directed," "designated," 'selected," or words of similar import are used, it shall be
understood that the direction, designation or selection of the Engineer is intended, unless stated
otherwise. The word "required" and words of similar import shall be understood to mean 'as
required to properly complete the work as required and as approved by the City Engineer,"
unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar import are
used, it shall be understood such words are followed by the expression "in the opinion of the
Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or
words of similar import are used, it shall be understood that the approval, acceptance, or similar
import of the Engineer is intended.
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I D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall
perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at
her/his expense, shall furnish and install the work, complete in place and ready to use, including
furnishing of necessary labor, materials, tools, equipment, and transportation. I
1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency -the Clty of Carlsbad, California
Engineer -the Project Manager for the City of Carlsbad or his approved representative
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2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in tt
latest revision of U.S. Department of Treasury Circular 570.
Modity Paragraphs three and four to read:
The Contractor shall provide a faithful performancelwarranty bond and payment bond (labor ar
materials bond) for this contract. The faithful performance/warranty bond shall be in the amoui
of lo0 percent of the contract price and the payment bond shall be in the amount of 50 percei
of the contract price. Both bonds shall extend in full fforce and effect and be retained by the ci
during the course of this project until they are released according to the provisions of th
section.
The faithful performancelwarranty bond will be reduced to 25 percent of the original amount 3
days after recordation of the Notice of Completion and will remain in full force and effect forth
one year warranty period and until all warranty repairs are completed to the satisfaction of th
city engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice c
Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to transac
the business of insurance in California and whose assets exceed their liabilities in an amour
equal to or in excess of the amount of the bond. The bonds are to contain the followin(
documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws
or other instrument entitling or authorizing the person who executed the bond to do so.
A certified copy of the certificate of authority of the insurer issued by the insurancc
commissioner. 2)
If the bid is accepted, the City may require a financial statement of the assets and liabilities o
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date o
the execution of the bond. The financial statement shall be made by an officer's certificate a!
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financia
statement may be verified by the oath of the principal officer or manager residing within thc
United States.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Works
Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated
'SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
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The Construction Plans consist of three (3) sheets designated as Clty of Carlsbad Drawing
No.336-5. The standard drawings utilized for this project are the latest edition of the San Dieqo
Area Reaional Standard Drawinas, hereinafter designated SDRS, as issued by the San Diego
County Department of Public Works, together with the City of Carlsbad Supplemental Standard
Drawings. Copies of pertinent standard drawings are enclosed with these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer’s direction,
the Contractor shall obtain and distribute the necessary copies of such instruction, including two
(2) copies to the City.
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2-5.4 Record Drawinas:
The Contractor shall provide and keep up-to-date a complete “as-built” record set of transparenl
sepias, which shall be corrected daily and show every change from the original drawings and
specifications and the exact “as-built” locations, sizes and kinds of equipment, underground
piping, valves, and all other work not visible at surface grade. Prints for this purpose may be
obtained from the City at cost. This set of drawings shall be kept on the job and shall be used
only as a record set and shall be delivered to the Engineer upon completion of the work.
2-6 WORK TO BE DONE
This project requires grading of a designated area within SDG&E easement, and preparation 01
the area for future relocation of the SDG&E’s 30’ high pressure gas main (by SDG&E). The
project scope includes grading within the SDG&E’s easements, construction of SDG&E
access road, installation of buttress, buttress subdrains, erosion control and hydroseed
as shown on the plans. The contractor shall coordinate all of his operation with SDG&E anc
other utilities during the construction. This project is a lump sum project and no cod
adjustment will be made for increase or decrease in grading quantities and other items
of work and lump sum contract price shall include compensation for all work to complets
the project per plans and specifications and no other compensations will be mads
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3-5 DISPUTED WORK
All claims by the contractor for $375,000 or less shall be resolved in accordance with thc
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencins
with Section 20104) which is set forth below:
Article 1.5 Resolution of Construction ’Claims
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20104. (a)(1) This article applies to all public works claims of three hundred seventy-five
thousand dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contract0
and a public agency when the public agency has elected to resolve any disputes pursuant tc
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
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(b)(l) "Public work' has the same meaning as in Sections 3100 and 3106 of the Civil Cod
except that "public work" does not include any work or improvement contracted for by the sta
or the Regents of the Universrty of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (8) payme
of money or damages arising from work done by, or on behatf of, the contractor pursuant to tt
contract for a public work and payment of which is not otherwise expressly provided for or tt
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by tt
local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans I
specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
201 04.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in wriiing and include the documents necessary to substantiate tt
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivisic
is intended to extend the time limit or supersede notice requirements otherwise provided k
contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($5O,OOO), the local agency shall respon
in writing to any wriien claim within 45 days of receipt of the claim, or may request, in wriiiy
within 30 days of receipt of the claim, any additional documentation supporting the claim c
relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuat
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's wriien response to the claim, as further documented, shall b
submitted to the claimant within 15 days after receipt of the further documentation or within
period of time no greater than that taken by the claimant in producing the additional informatior
whichever is greater.
(c)(l) For claims of over flfty thousand dollars ($5O,OOO) and less than or equal to thre
hundred seventy-five thousand dollars ($375,OOO), the local agency shall respond in writing t
all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 day
of receipt of the claim, any additional documentation supporting the claim or relating to defense
to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuar
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's wriien response to the claim, as further documented, shall bc
submitted to the claimant within 30 days after receipt of the further documentation, or within i
period of time no greater than that taken by the claimant in producing the additional informatioi
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's wriien response, or the local agency fails tc
respond within the time prescribed, the claimant may so nottfy the local agency, in writing, eithe
within 15 days of receipt of the local agency's response or within 15 days of the local agency':
failure to respond within the time prescribed, respectively, and demand an informal conferencc
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agenc'
shall schedule a meet and confer conference within 30 days for settlement 0% the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute
the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) anc
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Governmen'
Code. For purposes of those provisions, the running of the period of time within which a clairr
must be filed shall be tolled from the time the claimant submits his or her written claim pursuan'
to subdivision (a) until the time that claim is denied as a result of the meet and confer process
including any period of time utilized by the meet and confer process.
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(9 This article does not apply to tort claims and nothing in this article is intended nor shall
be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code.
201 04.4. The following procedures are established for all civil actions filed to resolve claims
subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation
of both parties. The mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced within 30 days of the
submittal, and shall be concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to the court or by stipulation
of both parties. If the parties fail to select a mediator within the 15-day period, any party may
petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1 141.1 0) of Title 3 of Part 3 of the Code of
Civil Procedure, notwithstanding Section 1 141.1 1 of that code. The Civil Discovery Act of 1986
(Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
procedure) shall apply to any proceeding brought under the subdivision consistent with the rules
pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be
paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause,
determines a different division. In no event shall these fees or expenses be paid by state or
county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1 141.10) Title 3 of Part 3 of the Code
of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo
but does not obtain a more favorable judgment shall, in addition to payment of costs and fees
under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the
mediation or arbitration process.
20104.6, (a) No local agency shall fail to pay money as to any portion of a claim which is
undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate
on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
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4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1 , Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative. The
Engineer shall have free access to any or all parts of work at any time. Contractor shall furnist-
Engineer with such information as may be necessary to keep her/him fully informed regarding
progress and manner of work and character of materials. Inspection of work shall not relieve
Contractor from any obligation to fulfill this Contract.
8/1 I9 I. 49
Mod* Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing materia
and/or workmanship where the results of such tests meet or exceed the requirements indicate
in the Standard Specifications and the Special Provisions. The cost of all other tests shall t
borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be approw
by him before the delivery is started. All materials proposed for use may be inspected or teste
at any time during their preparation and use. If, after trial, it is found that sources of SU~F
which have been approved do not furnish a uniform product, or if the product from any sour(
proves unacceptable at any time, the Contractor shall furnish approved material from othc
approved sources. After improper storage, handling or any other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and tt
SSPWC. Compaction tests may be made by the CQ and all costs for tests that meet or excee
the requiremeots of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Enginee
The costs of any retests made necessary by noncompliance with the specifications shall L:
borne by the Contractor.
Add the following section:
4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans or specification
upon wriien order by the Engineer. Any cost caused by reason of this nonconforming wor
shall be borne by the Contractor.
5-1 LOCATION
Add the following:
The City of Carlsbad and affected utilrty companies have, by a search of known records
endeavored to locate and indicate on the Plans, all utilities which exist within the limits of thc
work. However, the accuracy of completeness of Uhe utilities indicated on the Plans is no.
guaranteed.
5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service connection
desired by the Contractor for his/her own convenience shall be the Contractor’s owr
responsibility, and he/she shall make all arrangements regarding such work at no cost to thc
City. If delays occur due to utilities relocations which were not shown on the Plans, it will k
solely the Crty’s option to extend the completion date.
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In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with the construction, the Contractor, upon request to the City, may be
permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted
shall be constructed by the Contractor immediately following the relocation of the utility involved
unless otherwise directed by the City.
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6-1 CONSTRUCTION SCHEDULE I.
Mod@ this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
1. The prime contractor is required to prepare in advance and submit at the time
of the project preconstruction meeting a detailed Gant Chart (Bar schedule). This
schedule is subject to the review and approval of the City.
The schedule shall show a complete sequence of construction activities,
identifying work for the complete project in addition to work requiring separate
stages, as well as any other logically grouped activities.
The prime contractor shall revise and resubmit for approval the schedule as
required by City when progress is not in compliance with the original schedule.
The prime contractor shall submit revised project schedules with each and every
application for monthly progress payment identitying changes since the previous
version of the schedule.
The schedule shall indicate estimated percentage of completion for each item of
work at each and every submission.
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4.
5. The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to withhold up
to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the aforementioned I provisions.
No changes shall be made to the construction schedule without the prior written approval of the
Engineer. Any progress payments made after the scheduled completion date shall noi
constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflicting utilitie3
shall be requirements prior to commencement of work by the Contractor.
66 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor tc
obtain necessary permits from other governmental agencies, or unreasonable delay caused b\
enforcement of laws and regulations by other public agencies, including but not limited to
enforcement of the Endangered Species Act and other similar laws.
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Add the following:
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations t
other public agencies, including but not limited to, enforcement of the Endangered Species A
and other similar laws.
6-7 TIME OF COMPLETION
The Contractor shall begin work within 5 days after receipt of the 'Notice to Proceed" and sh;
diligently prosecute the work to completion within 15 consecutive working days after the dai
of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:oO a.m. an
sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Enginec
if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the wriien permission of th
Engineer. This wriien permission must be obtained at least 48 hours prior to such work. Th
Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a 'Notice of Completion" and an
faulty work or materials discovered during the guarantee period shall be repaired or replacec
by the Contractor, at his expense. Twenty-five percent of the faithful performance bond sha
be retained as a warranty bond for the one year warranty periid.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $500.00 per da)
for each day beyond the completion date as liquidated damages for the delay. Any progres:
payments made after the specified completion date shall not constitute a waiver of thh
paragraph or of any damages.
7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of ai
least A-:V and are admitted and authorized to conduct business in the state of California and
are listed in the official publication of the Department of Insurance of the State of California.
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74 WORKERS’ COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are admitted and authorized to conduct business
in the state of California and are listed in the official publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the requirement
for workers’ compensation insurance.
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7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and
building permits necessary to perform work for this contract on Crty property, in streets,
highways (except State highway right-of-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days a1
the City’s request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in gooc
repair when in use on the project with special attention to City Noise Control Ordinance No
31 09, Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the work anc
shall comply with all applicable provisions of Federal, State and Municipal safety laws anc
building codes to prevent accidents or injury to persons on, about, or adjacent to the premise:
where the work is being performed. He/she shall erect and properly maintain at all time, a:
required by the conditions and progress of the work, all necessary safeguards for the protectior
of workers and public, and shall use danger signs warning against hazards created by suck
features of construction as protruding nails, hoists, well holes, and falling materials.
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7-13 LAWS TO BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading
If this notice specifies locations or possible materials, such as borrow pits or gravel beds, f
use in the proposed construction project which would be subject to Section 1601 or Sectic
1603 of the Fish and Game Code, such conditions or modifications established pursuant
Section 1601 of the Fish and Game Code shall become conditions of the contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
93 PAYMENT
Modlfy Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount (
retent ion.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to perforr
necessary surveying for this project. Requirements of the Contractor pertaining to this item ar
set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying servic
within appropriate items of proposal. No separate payment will be made.
Survey stakes shall be set and stationed by the ConUractor’s surveyor for curbs at 50’ interval
(25’ intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, storr
drains, and structures (4 corners min.). Rough grade as required to satisfy cut of fill to finishel
grade (or flowline) as indicated on a grade sheet.
Contractor shall transfer grade hubs for construction and inspection purposes to crown line bast.
grade of streets as required by Engineer.
Contractor shall protect in place or replace all obliterated survey monuments as per Sectior
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing
construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction undei
this contract. The Contractor shall contact the appropriate water agency for requirements. Tha
contractor shall include the cost of water and meter rental within appropriate items of the
proposal. No separate payment will be made.
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Recording requested by: ) 1718
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CITY OF CARLSBAD 1 1 v- -iL- z
When recorded mail to: )
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr. )
Carlsbad, CA 92008
Space above this line for Hecord
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of the interest or estate stated below in the property he
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, C
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on N(
13, 1995.
6. The name of the contractor, if any, for such work of improvement is Pahla CorporE
7. The property on which said work of improvement was completed is in the City of C
County of San Diego, State of California, and is described as follows: Grading of
easement on Olivenhain Road. Project No. 3466A
8. The street address of said property is North of Olivenhain Road between El Camino
Amargosa Drive.
VERIFiCATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, (
California, 92008; the City Council of said City on ~-CUU& , 1996, accf
above described work as completed and ordered tdat a Notice of Completion be filed
5
I declare under penalty of perjury that the foregoing is true and correct.
Executed on md b , 19 96 at Carlsbad, California.
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ
City Clerk