HomeMy WebLinkAboutCalifornia Pavement Maintenance Company Inc; 1996-06-19; 3305Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Notice is hereby given that:
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676
Space above this line for Recorder's Use
NOTICE OF COMPLETION
1. The undersigned is owner of the interest or estate stated below in the property hereinafter
described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California,
92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on August 26,
1996.
6. The name of the contractor, if any, for such work of improvement is California Pavement
Maintenance Company, Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as the Alga Road Chip Seal,
Project No. 3305.
8. The address of said property is within the limits of the City of Carlsbad.
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad,
California, 92008; the City Council of said City on October 8 , 1996, accepted the
above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 21 , 1996, at Carlsbad, California.
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ
City Clerk
( i.
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1
Project: #3305, ALGA ROAD CHIP SEAL
Date Routed:
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Reason for change:
Engineering Inspection
City Engineer
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Item 1: Add fog seal to provide greater chip retention. Also to give the roadway
an excellent pavement color for delineation for striping.
Item 2: Add Polymer Modification instead of emulsion. This modification has been shown to increase chip retention up to 20%. This allows the chip to stay
on the roadway instead of being swept up.
COST ACCOUNTING:
Original contract amount .................................................................... $ 91,421.00
Total amount this c/o ........................................................................ $ 9,787.50
Total amount of previous c/o's ........................................................... $ 0
Total c/o's to date .............................................................................. $ 9,787.50
New Contract Amount ........................................................................ $101,208.50
Total c/o's as % of original contract.. .............................................................. 11 %
Contingency monies encumbered ....................................................... $
Contingency increase or decrease ...................................................... $
Contingency Subtotal. .......................................................................... $
Total c/o's to date ................................................................................ $
Contingency Balance ........................................................................... $
9,142.00
700.00
9,842.00
9,787.50
54.50
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CITY OF CARLSBAD
PROJECT: # 3305 -ALGA ROAD CHIP SEAL
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. 3305 P.O. NO. 22083 ACCOUNT NO. 409-820-1880-3305
CONTRACTOR: CA PAVEMENT MAINTENANCE CO.
ADDRESS: ----'9'"""3 ...... 9...c...0-=E ....... ld....ce ...... r-=C ...... re""""e ....... k ___ R _____ o ___ a ...... d ______________ _
Sacramento CA 95829
The Contractor is directed to make the following changes as described herein.
Changes shall include all labor, materials, equipment, contract time extension, and all
other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in
conflict with this change order, shall apply to these changes. This change order is not
effective unless signed by the City Manager and/or the Mayor.
Pursuant to Section 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following:
Item 1 Add fog seal for a lump sum cost of $9,787.50.
Item 2
Increase to contract cost ............................................. $ 9,787.50
Use Polymer Modification upgrade at no charge.
Increase to contract cost ............................................. $ No Charge
TOTAL INCREASE TO CONTRACT COST ................................................. $9,787.50
ALGA ROAD CHIP SEAL
Change Order No. 1
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY:
L ~ ~~-~-
10f-PrCIPAL INSPECTOR
FINANCE DIRECTOR (DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
FINANCE
CONTRACTOR
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CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
1/29/96
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Cit~ of Carlsbad ■ ::.I! i 14 IEf-.1 i ;g. I •l§ ·k\ ;; , ,t§ ,\ I
April 25, 1996
ADDENDUM NO. 1
BID/PROJECT NO. 3305 -ALGA ROAD ASPHALT RUBBER CHIP SEAL
Please include the attached addendum in the Notice to Bidder/Request for Bids you have
for the above project.
This addendum-receipt acknowledged-must be attached to your Proposal Form/Bid when
your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
CALIFORNIA PAVEMENT
MAINTENANCE COfAPANY, INC.
BWcier'ssignature
1200 Carlsbad Village Drive• Carlsbad, CA 92008-1989 • (619) 434-2803 • FAX (619) 434-1987
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City of Carlsbad
■¥1 h· 1 i ,1441 i ,f· 1 ·l4 •ti4i, ,t4,ii
NOTICE TO BIDDERS
April 24, 1996
The City of Carlsbad has issued "Addendum No. l" to the Contract Documents and Special
Provisions for the Alga Road Asphalt Rubber Chip Seal, Contract No. 3305. The addendum
consists of two (2) pages, this notice, and a cover sheet. The addendum:
1. Revises the Engineer's Estimate for the asphalt rubber chip seal.
2. Adds a bid item for a conventional chip seal. The Contractor has the following
3 options:
1. Submit a bid for items 1, 2, 3
2. Submit a bid for items 1, 2A, 3
3. Submit a bid for items 1, 2, 2A, 3
The City Engineer, at his sole discretion, will decide after bids are opened, whether to
recommend award of bid items 1, 2, 3 or bid items 1, 2A, 3
3. Makes numerous revisions to the special provisions.
The provisions contained in the addendum are made part of the project as though originally
bound with them. As of this date, this addendum contains all changes to the originally issued
specifications.
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ft,,,_ LLOYD B. HUBBS
City Engineer
LBH:SSjb
2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (619) 438-0894
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ADDENDUM NO. 1
TO
CONTRACT DOCUMENTS AND SPEC~ PROVISIONS FOR
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
Page 1 of 2
IN THE NOTICE INVITING BIDS, MAKE THE FOLLOWING CHANGES:
1. Page 2, second paragraph, delete $110,000 and replace with $206,000.
IN THE CONTRACTOR'S PROPOSAL, ADD THE FOLLOWING:
Item
No. Description
2A Conventional chip seal per subsection
302-2 of the SSPWC at
t:JN' e,,. '2:,..., d ✓ /1 e. o
Dollars per Square Yard
Approximate
Quantity Unit
and Unit Price
72,100 YD 2 q.' /, 0/
Table 200-l .2(B) as modified by the Special Provisions shall be applicable to Bid Item 2A.
IN THE SPECIAL PROVISIONS, MAKE THE FOLLOWING CHANGES:
1. Page 51, second paragraph, fourth sentence, delete 325° and replace with 375°.
2. Page 52, to the beginning of the sixth paragraph, add the following:
The asphalt rubber mixture shall be applied to the roadway at a temperature of
375° to 425°.
3. Page 53, first paragraph, delete second sentence.
4. Page 53, last paragraph, fourth sentence, delete "three" and replace with "four".
CPA1
-ADDENDUM NO. 1
TO
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
Page 2 of 2
5. Page 54, delete the second paragraph and replace with the following:
Removal of excess aggregate shall begin no sooner than one hour after the
completion of rolling operations. If the Contractor's method of removing excess
aggregate dislodges aggregate set in the asphalt rubber, that method of removal
shall cease and a different method of removing excess aggregate shall be employed
by the Contractor. The Contractor shall remove excess aggregate until the
Engineer is satisfied that the chip sealed portion of the roadway is ready for traffic.
No work shall begin in Phase II until Phase I is ready for traffic.
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TABLE OF CONTENTS
Item Page
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
CONTRACTOR'S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
BIDDER'S BOND TO ACCOMPANY PROPOSAL ............................... 10
DESIGNATION OF SUBCONTRACTORS ............................ ; . . . . . . . 14
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . . . . . . . 16
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . 17
BIDDER'S CERTIFICATE OF INSURANCE ................................... 18
BIDDER'S STATEMENT OF DEBARMENT ................................... ~ 19
NON-COLLUSION AF!=IDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ...... '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
CONTRACT -PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
REPRESENTATION AND CERTIFICATION ................................... 33
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
RELEASE FORM ..................................................... · . 37
SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
11. SUPPLEMEt;JTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . . . . 47
Ill. SUPPLEfv1ENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION FOR CONSTRUCTION METHODS .................. 49
IV. SUPPL.EMENTAL PROVISIONS FOR CONSTRUCTION MATERIALS .............. 50
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Rt 1
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIOS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:00 P.M. on the 8th day of
May, 1996, at which time they will be opened and read, for performing the work as follows:
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
The work shall be performed in strict conformity with the specifications as approved by the City
Council of the City of Carlsbad on file with the Engineering Department. 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 sections of this contract. Reference is hereby made to the specifications for full
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and
contractors to utilize recycled and recyclable materials when available and where appropriate.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding
when a contractor or subcontractor has been debarred by another jurisdiction in California as an
irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law.
The bidder's security of the second and third next lowest responsive bidders may be withheld
until the Contract has been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten (1 0) days after the Contract is
awarded. Pursuant to the provisions of law (Public Contract Code Section 10263), appropriate
securities may be substituted for any obligation required by this notice or for any monies withheld
by the City to ensure performance under this Contract. Section 10263 of the Public Contract
Code requires monies or securities to be deposited with the City or a state or federally chartered
bank in California as the escrow agent. The escrow agent shall maintain insurance to cover
negligent acts and omissions of the agent in connection with the handling of retentions under this
section in an amount not less than $100,000 per contract.
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The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
4. Contract
5. Designation of Subcontractors
6. Amount of Subcontractors' Bid
7. Bidder's Statement ·of Financial
Responsibility
8. Bidder's Statement of Technical
Ability and Experience
9. Certificate of Insurance
10. Bidder's Statement of Debarment
11. Purchasing Department
Representation and Certification
12. Escrow Agreement for Security
Deposits (optional)
2
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate
is $11 0,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration date
and classification in the proposal, under penalty of perjury. The following classifications are
acceptable for this contract: A, C12, C32 in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents 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, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non-refundable fee of $10.00 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
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the
Sections 1770, 1773, and 1773.1 of the 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 authori7.,::,d officer'
for the purposes of Section 4107 and 4107.5.
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 .
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3
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 verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may .be cause of rejection
of bid.
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:
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 authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require copies of the insurer's most recent annual 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
in any manner.
Workers' compensation insurance required under this contract must be offered by a company
m,eeting 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 .
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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 award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days. If the Contractor
fails to comply with these reqµirements, the City may award the contract to tt,e second or third
lowest bidder and the bid security of the lowest bidder may be forfeited.
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 City Council of the City of Carlsbad, California, by Resolution
No. 96-82 , adopted on the 3rd day of March , 19~.
Date Aletha L Rautenkranz, City Clerk
1/29/96
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CITY OF CARLSBAD
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
CONTRACTOR'S PROPOSAL
5
The undersigned decla~es 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. 3305 in accordance with the Plans and Specifications of the City of Carlsbad, and
the Special Provisions and that he/she will take in full payment therefor the following unit prices
for each item complete, to wit:
Approximate
Item Quantity Unit
No. Description and Unit Price
1
2
3
Traffic Control at
Sev~,-/ ~ SA µ«f
Dollars (Lump Sum)
Asphalt Rubber Chip Seal at
Dollars per Square Yard
LS
72,100 YD2
StctPing and Pavement Markers at LS
t::::-1 e...,.. e_,J i-lw-GLs A,JA
Si~ A WM;tx :e,d
Dollars (Lump Sum)
Total
..,, '7,ooo, oo
•
,ilo P.!~b
{lid ON ..:2.t, c,N'L'1
~11,,00.00
Total amount of bid in words: MNe..f:i IJ,Je.. -1-./tou..~ fH\Jd -ti>c.u< h l(.N J.foe,ef ,;we111-J-., o Pe.
-!)t> '' /¾-fl-<;.
Total amount of bid in numbers: $ CJ; J #::;_J . 0 0
Price(s) given above are firm for 90 days after date of bid opening. c) /~
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Addendum(a) No(s).__. __________ has/have been received and is/are included in this
proposal .
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
The Undersigned agrees that in case of 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 CARLS BAD, the City may administratively authorize
award of the contract to the second or th\ ir~,· towe~yb.idder and the bid security of the lowest
bidder may be forfeited. . 6 1 r)JJ'tJJ.1J..•K.i.:t .
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a. contractor within the State of C~iforQja, validly licensed
under license number ,3 'lj+S"J L/ , classification 1)-C -/ ~ which
expires on 1-f-3D-9 Z , 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. § 7028.1 S(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be.properly licensed. Public
Contract Code § 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid
hereunder; that no representation, oral or in writing, of the City Council, its officers,
agents, or employees has inducted him/her to enter into this Contract, excepting only
those contained in this form of Contract and the papers made a part hereof by its terms;
and
2. That this bid is made without connection with any person, firm, or corporation making
a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanyi.ng this proposal is I O 7o (3 { DD £. R 5 i3 O /J D (Cash, Certified Check, Bond
or Cashier's Check) for ten percent (10%) of the amount, bid.
The Undersigned is aware of the provisions of Section. 3700 of the Labor Code 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.
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The Undersigned is avyare 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.
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 Business
(Street and Number)
City and State
(4) Zip Code_______ Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
(2) Signa~ure (given and surname and character of partner) (Note: Signature must be made
by ,a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code ______ _ Telephone No.
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8
IF A CORPORATION, SIGN HERE: CALIFORNIA PAVEMENT
MAINTENANCE COMPANY, INC . (1) Name under which business is conducted
(2) Signature ~ t,,J -~
Title
Impress Corporate Seal here
(3) Incorporated under the laws of the State of C IJ l-1 FD l? /{) / fl:
(4) Place of Business
City and State
(Street and Number)
9390 Elder Creek Road
Sacr;limento. Ca. 95829
(5) Zip Code ______ _ Telephone No. (grto) 3J? I -!f O 3 3
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
STATE OF CALIFORNIA
COUNTY OF ........ $AN. .Ol.E.C~O......................... I
On this .. 8.'f.1:1 ............ day of ..... MAV ....................... in the year of 19.96,
before me, the undersigned, a Notary Public in and for said State, personally
appeared .......... JOHN .JENNINGS ....................... , personally known to me
(or proved on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/,;~ subscribed to the within instrument and acknowledged to me
that he/$«M{~ executed the same in his/her/their authorized capacity(ies),
and that by his/p!.e:.l(fXliei:i.t signature(s) on the instrument the person(s), or the
· entity upon behalf of which the person(s) acted, executed the instrument.
!'.l'rY-iiY•Y••• .. • .. ~• .. ••Y.'"-.._ ••• -1',Y>h•J';y.,-./'NNl'~-l''o"JAN, ~ @:~1P.::--;,. MICHELE BLAKEY rWITNESS my hand and official ~l. .,.... £.V ,:_,;,\ COMM.# 1066758 U!l /: , , ~ i:i, .. ,~'-t'CTARY PUBLIC . CALIFORNIA O /7,.,,/l ,£./4U . -' ']
....J ~•i ~--· / SAN DlE_GO COUN t..................... . . .. .. · • ............ ·: .. · ........ · .. · ...... · .. · .. · · ...... · .,, "· ., , TY -; /') 1./L • f
t....,1J~!;;(~l..S~.~;; .. ~!!!J~!,!..;;~~;;~.~!~i Notary Public m and for s e. ,
This document is only a general form which may be proper for use in simple transactirns and in no way acts, or is intended to act, as A substitute for the advice of an attorney. The printer does not
make any warranty, either express or implied, as to the legal validity of any provision or the suitability of these forms in any specific transaction.
Cowdery's Form No. l0G-ACKNOWLEDGMENT-All Purpose -( 1/91)
1/29/96
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BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.)
9
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 City 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 City 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.
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.)
1/29/96
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SlDDEJirli IIOND TO ACCOMPANY PACPOSAL
KNOW ALL PERSd>NS BY THESE PRESENTS:
Cali:forinia Pl!ivement Maint!enanc~ That we, Com an 1n,; ae i-rinclpa.li arid Re,l;i ance Insoz;auce c0 ,• 6
Surety are hsfd an bovnd unto tha Ctty of Carlsbad Califomla1 In 1Jn ~urxt e:5 foffows:
(must be art !~st t n Pt , ~ nt (10%) of.the bfd amount) ±trn Aill~fiZPtBid 0~2. 0!-~ for CJJ-k,h
payment. . welf a tn.iiy;: e, we bind cursetvas1 our heirs, emeutors and l.dmtnlstra1.ors,
cuoeoue:ra o~ A&slana; ~1lntllf and •v•rafl)', firmly by th-.e preMnte.
THe CONOmON ~ Trre''FOREQOING OBLIGATION JS SUCH t~ rtlhe proposal Of the abova-
bounden Prlnofpall ~or: · · ·
ALGA ROAD ASPHALT RUSSER CHIP SEAb
CONTRACT NO. 3305
ln thQ City of C~ad. la,1~coepted by the CtlY eouncn. and tt the Prlnclr,al shsU duly srn:~r into
8.t'ld execute a. C.er;traet irielucUn; l'M!ulrcwi bof\dc a.nd in~uranee pollclGSl Within 'lw<tl"dy (~} ds.~
from the data of award~1 Contra.ct by the City Counoll of the City of Carls~d. belt'i~ duly
notlfled of said award1 the: this obllgaUon shall ~eeome null and void; otharwlsa, It shalt b& and'
remain in full foreeJ and. ~ct, and the amount ~paoffl1~ herarn shall be forfeHGd to tha 1::£!d C!iy.
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:, ! 1,
. •.·. . • .. ·.· .. :·-........ .
.. -
In ffl'f" e~nt Princfpal exiteuted thla bon,f u an lndMClual, It 18 e(lreed that the dQatf'I of Prtl'\Cll\)t-t
sl'lall not exonerat• the surety from ts ~bllgatlcns u"d• thts bond.
, I I • !· ,.
Executed by PAI CIPAL *"tis
. •,1 Of Ma
7t h ·day'
, 19§6 '.,-
PRINCIPAL: . :
California Pavement Maintenance ,
· Company, Inc.
(namo etf Principal)
By.~~ < ;,
C•l;n hire) · ·
. : ELIZABETH AIROSO
(pcll\t l"!Jffl• herif RPORAlE ·St CR.EIARY
CALIFORNIA PAVEMENT
MAINTENANCE COMPANY, INC.
(Tltl• and O,ganiuifon of S~Mlory)
, I
Sy: 4/4a::tz . iid/4,,,., /
(skin hart) . . · ·/
Ro 0s-&-r P, /cl L0 5& '-I
Executed by SURETY th~_, , ;z th . . . cti.y
of May 19~.
SURETY:
Reliance Insurance Company
(name of Sur.lY) Pickett-Rothholz and Murphy
P .o. Box 13190
Sacrament o , California
(m:fdrGA Of Sure1Y)
(916) 383-2222
(lelQphont numbar of Sur12ty)
95813
sy. rl, 1 ,A/~
(ali'lfln of Attomey-ln..f'eet)
.. :Joseph H. Weber
(Attach corporate raaolutlon $howln~ eurr~11t
powar of antomey.) : .. ··
(Proper notarial ~knowfe~R• of execution by PRJN9,1~AL and SURETV MUd ha ~tr~r:h.;.-3.)
(President or vic'Jra1.ld~~ and seen~ or u~~~~tary rnu•t elgn for corpotttforis. H
ottly one officer slgne, tti, oorporattcn must alt60h 'a resolution oertifled by the eoeretary or
a.stldant tecroto.ry unde(corpotata seal empowerin.Q ~ officer t0 bind lha corporatbtt.)
l
APPROVED AS TC!) FORM°:
RONALD R. BAU
City Attorney -
By;
1/29/£e
STATE OF CALIFORNIA
COUNTY OF ... SAN. D.L~GO ............................. .
On this .. 8TH. ........... day of. ..... ·MA·Y. ..............•...... in the year of 1996. ,
before me, the undersigned, a Notary Public in and for said State, personally
appeared .. l!Z. AI ROSO .................................. , personally known to me
(or proved on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/an: subscribed to the within instrument and acknowledged to me
that l\~she/ij(«_;c executed the same in ~her/~ authorized capacity(ies),
and that by ~er/;k~ signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, exec1:t,,t~)).~_.jfil.ID1.JJJ.!:,;i,.t_.-~~ .... ,.., .
:: ;f!-~~ MICHEi E BLAKEY J WITNES~my and nd official se . ;; /;. ,..-,.{~;\-, COt..lM ~# 1066758 r
--/ ~ \t~~ .• ,{-r:-~\ NOTARY PUBLIC • CALIFORNIA~ ... 0?............. . . . . . . . ........................... ~.\:~£1J,rt· -~~l~_~J-~_~9 COUNTY --;
Notary Public i d for .said State. ~ '~:.(~·>--' ~•Y omm. Expires July 31, 1999 ~
••••••V••••••••"•"•4"'•••••••·•·•••~.,,.l'.· ... •~.~,r,r,r,,1,.~.;-'•"tlo/'h•.t.•1',.~_-.l'.l'.l'..-,•,,f,,1,1-fi,
This document is only a general form which may be proper for use in simple transactic'ns and in no way acts. or is intended to act, as a substitute for the advice of an attorney. The printer does not
make any warranty, either express or implied, as to the legal validity 01 any provision or the surtability cf these forms in any specific transaction.
Cowdery's Form No. lOG -ACKNOWLEDGMENT -All Purpose -( 1/91 l
STATE OF CALIFORNIA}
County of San Diego}
On -~H~A~Y~B~,~1-99~6,._ ____ , before me,
ALL PURPOSE
ACKNOWLEDGEMENT CERTIFICATE
MICHEi E Bl.A¥. ...... ----------
(here insert name and title of the officer), personall y appeared
RQBERI A RI AKEY personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
(Seal)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On ___ M_a_y_7_,--,--1_9_9_6 _____ before me,
date
Mary R. A, McLangbl in -Nota.ry Public
here insert name and title of the officer
personally appeared __ .J.Juo.i:::i;se~pµ.ib1.1.-1Bi.. • ._.ioWu:e:.i.h!s.e.._r_-,-_-,--___,--,------------------name(s) oC i;i.gner(s)
whose name{fi:) is/ffiGt subscribed to the within instrument and acknowledged to me that h~~
executed the same in ~authorized capacity~ and that by his~signature(S') on
the instnnnent the perso~, or the entity upon behalf of which the person(:ruc acted, executed the
instrument.
(Seal)
(The balance of this page is intentionally left blank.)
' '',,. .... .. RELl~CE SURETY COMPANY ,'I '·· :,,'.'. ' ·P'r ',%• · ' '. ' RELIANCE INSURANCE COMPANY
RELIANCE NATIONAL INDEMNITY COMPANY UNITED PACI~~:INSl.JRANCE COMPANY ,;_ ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY .THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws ofiftr(Statii of'O~l-..
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations cluly prg~j:lized,,ur;ij:lar JheJaW$' >
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation dul.y organiied:updet:thec(aws):if
the S~ate of Wiscor:isin (herein collectively called "the Companies") and that the .Companies by virtue .of signat,~r,~ ,cinp · · ·· '· ·· rehY:'CT;\~ke, ·
const1tut.e and_ appoint Joseph H. Weber, of Sacramento, California their true and. lawful Attorney(s):-'in'.Fac;t,. to m~;IHke apd.;d~J"{!:l(
for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Coi'1i'panies J ere y aS:.fµlly ,anc.f
.Jo the. ~am.e extent as if such bond.s and undertakings and other writings obligatory· in the nature thereof were signed by ,iip'.Exe.cutive Officer qf .
',t~e; C9n:rparJas"an,d sealed and attes.ted by one other of such officers, and hereby ratifies and confirms all that their said Attorney(sHn•Fact may · · ·. do in pur;suance hereof. .· ••
· •··· • ·... 1 Tt:lis ,f?ower of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURHY cbMPAN~,
RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNfTY ,COMPANY which•
, p~ovisio,11s are now in full force and effect, reading as follows: ·
$, ~fi\;. .· i ARTICLE VII· EXECUTION OF BONDS AND UNDERTAKINGS
;} .. ,.: 'i / .. J .. Ttte,Board .Qf Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of ti . Pife'9to(s'.stjj,ll(~ayce p9We(~n~iia'!ltority to (a/ appoint Attorney(sHn-Fact and to authorize them to execute on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity 'J' ('~"ff'other~itings o~l\g~tdr,y in,it:iil*n~~ure thereof, and (b) to remove any such AttorneylsHn•Fact at any time and revoke the power and authority given to them.
,; > , / 2. Att '.:shali;ha".epower and authOrity, subject to the terms and I.imitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds
anchundertaklngs, . . CQfltract~.of indemnity and other writings obligatory in the nature thereof; The corporate seal is not necessary for the validity of any. bonds and undertakings,
r,ecof:lhizance(; contracts of.;iQd,emnity· ~nd ~.ther writings obligatory in the nature thereof, ','' -;:! ,,/-.. ,,,' ,.,
3;i Attoi,de'v!s)-ig.,~•#t shall ha'I!' .power and authority to execute affidavits requif.~d to. oe.',att;,c.hed to !>:1>.nds, r,icognizances, contracts of indemnity or other conditional or obligatory
d they shalrcals,ft;iave pow:ef.and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof;
i1~iv:ii;1r:iiand sea;ed/by facsimile under and by authority of the following resolution. adopted by the Executive and Finance Committees of th~'B9~\dS .of:,Dire~fors,ofReliance
Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, f994· anif" by ·tli't·exiC:utive arid:•Financial
Committee of the Board of. Directors of Reliance Surety Company by Unanimous Consent dated as of Marci\ 31, 1994. · · · ·,:,,. ·
"Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any cerllficat~~' felatirig :iti'ereto.' bv.:··
facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures or tacsimHe seal shall be valid and binding upon the Company and any soli~·?ower so
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future wjth respect co any bonq. or undertaki~g t6·wh,ch lt .is ~~ .
.. ITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this August 21,
, S. ' "' @....,,•~~ ~~ ,. ~ RELIANCESURETYCOMPANY
' I l@.1 \ J>!:,:\~ I. ~l RELIANCE INSURANCE COMPANY ~ .. _t ., r,: UNITED PACIFIC INSURANCE COMPANY ~ .. ,,,/ ~.'°'' ~•• _ iJ RELIANCE NATIONAL INDEMNITY COMPANY .... ~ ~-":~ ~~~d/,f~~
;'f,
reunto set my hand and official seal.
.I, Robyritayng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACI.FIC INSURANCE COMP-'
AI\J)', arid,RELl/!\Nc;E N~TIONAL INDEMNITY COMPANY do hereby certify that the above and fore.going is a true and correctcopy of the Power
of Atto'rhey executf;l9 by said Companies, which is still in full force and effect. ·
,, IN WIT~ESS VvHEBEbF, I ha~e hereunto set my hand and affixed the seals of said Companies this _7_t_h_ day of __ M~._a_,y_. ~-~--l 9 96.
Assistant Secretary
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12
GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTOR'S BID" AND 0 DESIGNATION OF OWNER OPERATORS & AMOUNT
OF OWNER OPERATOR WORK" .FORMS
REFERENCES
CAUTIONS
INSTRUCTIONS
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, 0 •Bidder," "Contract,• •contractor, 11 •contract
Price, 11 "Contract Unit Price,• 0Engineer," "Subcontractor' and 'Work" and
the definitions in Section 1-2 of the Special Provisions especially 00wn
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
"Penalties and Remedies."
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 "0/0 of Item by Sub" or "0/0 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 Quantity 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 tne form. If the Subcontractor does not. have a valid
business license enter "NONE• in the appropriate space.
1/29/96
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13
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 it$ 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 not be used where the subcontractor or owner operator is
constructing or installing less than 100 percent of a bid item. Tne
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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14
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.
Full Company Name: M: CALIFORNIA PAVEMENT t11.,•1£·RSrl/-1£,,s1RIP1AJc:::, f!JG
--MAINTENANCE COMPANY, •NC.
Complete Address:
Street fl •. rt' 9398 Elder Creek Road
Y I Sacramento, Ca. 958:;;g
City State Zip
Carlsbad Business License No.: /1/ H _ __.,..;..;..,,. _______________ _
, .
'Page _[_ of _/_ pages of this form
1/29/96
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15
DESIGNATION OF OWNER OPERATORS & 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.
/1JP~ PAVEMENT
Full Owner Operator/Lessee Name: 21'""MAINTENANCE COMPANY, INC. -------~-~-------------
Complete Address:
Street ;Mw-9390 Elder Creek Road
v~ Saa:~mento. Ca. 95829
City State
Telephone Number plus Area Code: Jt'/;,) .Cl Rf -/?e 3 3
OWNER OPERA TOR WORK ITEMS
Zip
> Bid t : ~-9 :erj§ij: •.. %>. of< > . % oft > ) Bid < Bid> • : I §! .,, .. ::.,, .. ::·:.· .. •::·:···•:,.', .. :,.,' .. :,.: .. •:·.•,m.•.••,Q:: .• ,*,•,•,,.
0
:,.o.,.,.,.,•,•,•:.t•,
0,•·•.·a•,•,•·.•,'.•,:1,·,•,::• .. •:,.:: .• :,.:: .• ',.':.··••.•::.•'•,•,:.•··•.•::.•:,.::.•',•::.•·•: >1' :t:'e' ::m < : :'o' .·,,:1·t· ·e' ····m·· .· :,::::::::::: ,. :.:.:1· 't··:•e':':'m::: .·: .b.· :: •y::• .,,,• •. ··,,,·.•,,.•,.•,, .• ', ..•.• :,,.• •. ,.·:, .• :·'•.····••,,•,.•.c•' .• ,'.·•,.•,·•.• .. :.•.o~: .• • •. ·,:.:'·:'.•·•',.·n::.0· •. ·: .. • •. ,·:.·t:t .. '::.·:.r··'a:.::::.::•a·.·:.::·:·'·:···:,•.· .• c•:•,•,.•,,·::.···:.•:•t•'.•:·•,:·:•.· .,.,•,•,•,•,•·· .,.,•,•·•.· .. •,•,•.,:,'.·,t·.·.·•.•.e:.•,·.•:.•:::·m·,' .•. '.·.· .•. r /p:•·.•····r:·1'c•.>.e: .••.•• O/if:: .. fr :::·,:rt··e ... ··m·· ·••:•::::b·•:u::::,::::;: • / > •,,•,.',:,.·.·,•,.•,.·.·., .. •, .. ',.•,.•,.•,.•,.·•,,•.'.,.:.:.••.·••:.':,•,.•,,':,•,,::,::.·••··•:,··.,.:,,•.·:.·, .. •:,•:,•: .. •:,•:.·•:•:.·.•.•,•:.;•·••'.•,,·.•:.•,.·•::•,,•,.•::•·•,::,••.:,,•:,•,,· • .. •:••,,·•::•.•,.•:,•,.•::••',,• ... •.:•o'•· '. •• •. ·.·+••"'·',•:•o•• .·· · '.·,,.·,·, .. '•·.•,,•,, , .... , ·:··,, · · ,., ,>'::::: <Now> > i · N6t J 11,ffi/ I>>: o+o :•: • canttactt
Page _L of _{__ pages of this form
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
16
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked "CONFIDENTIAL"
(,; s s t}---cCG::C? H-s o 6--rEl--:,f, /11 e, 1ur)
1/29/96
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THE PAVEMENT
MAINTENANCE
COMPANY
TO WHOM IT MAY CONCERN,
WE, CALIFORNIA PAVEMENT MAINTENANCE
COMPANY, INC. ARE FINANCIALLY
RESPONSIBLE AS EVIDENCED BY OUR
BONDABILITY AND OUR HISTORY OF
CONTRACT WORK.
California Pavement Maintenance Company, Inc.• 4891 Ronson Court. Ste. J • San Diego, CA 92111
(619) 268-9884 • Fax (619) 268-1529 • California License# 374514
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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
17
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which
will enable the City to judge his/her responsibility, experience and skill. An attachment can be
used.
Date Name· and Phone Amount
Contract Name and Address No. of Person Type of of
Completed of the Employer to Contract Work Contract
(<;S r l-JST f-1-Ttf-J-C UF, (\ \
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1995 MUNICIPAL REFERENCE SHEET
THE PAVEMENT
MAINTENANCE
COMPANY
CITY OF SAN DIEGO COUNTY OF SACRAMENTO
2781 Caminito Chottas 3030 Explorer Drive, Suite .S
San Diego, CA 92101 Saqramento, CA 95827
619/236~5656 916/855-5574
Slurry Seal )982.83,85-88,90, Slurry Seal 1992,93
91,94 $235.00()
$1,500,000 -$2.250,000
COUNTY OF LOS ANGELES
CITY OF SOUTHGATE P.O. Box 1460
8650 California Avenue Al~ambra, CA 91802
Sonthgate1 CA 90280-3075 21 :i/226/811 l
213/563-9537 Sh.jrry & Chip Seal Various 1984-1994
SJuny Seal 1993 $5(1,000,. $135,000
$458,000
SlATE OF CALIF. DEPT. OF
ClTY OF SACRAMENTO TaANSPORTATION
915 I Street lIM N Street
Sacramento, CA 95814 Sai--ramento, CA 95814 -9]0/449-5281 91l,10S4449o
Chip Seal-1979,81-83,85 .. 88 Slurry/Chip Seal Various Districts
Slurry Sea.1-1979,81 .. 83,85-90,92 1983-1994
$200,000 ., $375,000
C()UNTY OF ALAMEDA
CITY OF CAMARll.LO 9S: L Tomer Court
601 carmen Drive ~yward, CA
Camarillo. CA 93011 Slll/670-5591
805/3Sl'·:S342 Sli1ny Seal 1993,94
Slurry Seal I 992,93
$265,502
$2:.15,000
CITY OF SPARKS ClTV OF MEDFORD
431 Prater Way Avenue 82 l North C'.olumhus Avenue I Sparks, NV 89432 Mt!dford, OR 97501
702/353-2333 sd 31770-4597
Slurry Seal 1993 Slhrry Seal 1994
$135,000 $r56,583
'
WASHOE COUNTY
COUNTY OF SAN JOAQUIN 1001 E. 9th Street
P.O. Box 1.810 R.tno. NV 89512
Stockton, CA 95201 702/328-2041
209/468-3000 Shiny Seal 1994/Polymat 1994
Sluny &..-al 1980,88,90,91,,4 $$0,000 -$100,000 -$85,000 -$250.000
California Pavement Maintenance Company, Inc. • 9390 Eld~r Creek Road • Sacramento, CA 95829
(916) 381,81'.133 • Fa)( (918} 381-3703, Callfornla License 37,t614
CITY OF FAIRFIELD
1 ooo Webster Street
Fairfield, CA 94533-488:1
707 /428~ 155 l
Chip Seal & Slurry Sea.I 1994
$110,013
ClTY OF SUNNYVALE
P.O. Box 3707
Sunnyvale. CA 94088~3707
408/730-7618
Slurry Seal 1994
$154,400
COUNTY OF SAN DIEGO
5555 Overland Avenue
San Diego, CA 92123
619/694-30&8
Chip Seal • 199 I
$2,081,000
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BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILllY, EMPLOYERS'
LIABILllY, AUTOMOTIVE LIABILllY AND WORKERS' COMPENSATION
(To Accompany Proposal)
18
1/29/96
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u .,_; •. _ ·..! .,_j ,,,; .. ' .. '"! .... ,. ,. .,.
ACORD .. --c~RTIFICATE OF LIABILITY INSURANC~Pi~1 DATE (MM/00/'l'Y)
04/03/96
l'AOOVOER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION InterWQst Inauranoa Services ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE Noack and Oean Division HOLDER. THIS c,RTIFICATE DOES NOT AMl:NO, EXTEND Oft __
P,O. Box 255188 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
S.amento CA 95865 . .• -c.9.1!1~~~-'~-,._FFORDING cove~GE ___ ..... .
COMPANY
A P20i~io tnsurance Company, Ltd. ,,_,,.,.,,, 916-4~.::~..t,.qo FUNO, .. ............... ,. ----....... R0,0 ,,_ ... ·-.. l~UREO COMPANY
B Fireman's Fund .... .
California Pavement COMPANY
Maintenance Company C California. Indemnity Insul:'anee
9390 Elder Creek Road ........ , , .. .-. ·-· --COMPANV sacranianto CA 95929 D
COVl:RAGES
THIS IS TO CERTIFY THAT Tl-II!! IIOI.IOl!!S oi; INSURANOa Ll8T!O 81!1.0W I-IAW BliliN ISSU&C TO '!'HE; INCUfliO HMIEI) A0f:1./C l'0R THE !"QI.ICY Pfffll00
INOICATI:O. NOTWITl'ISTANCIING Af« AEQUIREMeNT, TERM OR CON!niON OF Am CONTRACT OR Ol'HeR OOCUMENTWITH ~PECT TO WHICH THIS
CERTIFJCA.TE MA'f BE lSSLM!D OR MAY PERTAIN, THE IP-ISUAANCE AFFOimliD 1i1Y THE PQLICIES OESCRIBSO HEREIN 1$ SU8JECY TO ALL TM! TER~.
exet.USION!~ CONDIT\ONS OF SUCH POLICIES. LIMITS $1-tOWN MA'Y HAW SEEN rteoucw SY PAlO Cl.AIM$,
I
.. ,,,,,.,,.
co TYPE OF INSURANCE PCIUCY NUIIIISliR POl.lCY El'f'ieTIW F'Ol.l~YEXP!FIATICN I.IMJ1'S t.TR CAT,s (MM/00/YY) OATI (MMICOIYYI
OENEAA1. 1.tAIIILl'!'Y ---GENlilW. AGGREGATE S -~ . .,..Q.Q..9. , 0 0 Q
A X COMMSRCIAL OEN!m L/A81U'N U00O4OO7 03/31/96 03/31/98 PROCUCTS • COMP/OP AGG $ l,000, 000 I Cl>IM$W.0E [i] oceuR ~eH----PERSON.Al.&N:!VINJURV s 1,000,000
' OWflll!:A'!Q & COfffR,t,CTOR'S PROT t:AC.« OCCURftlSNCi ,1,000,000 --
----Me. QAM,\(1£ ~~ -11se, 'S '.El)(Cluded --~
MEC> EXP (lvry one peraon) sExcluded
AUTOMQBIU! UAIIUTV ,1,000,000 ·-COMSINE0 SINGI.E LIMIT a mtAU'TO M2A8O159343 03/31/96 03/31/97 -AL1. OWNEO AUTOS ' 80Clft.V IN,IUIW $ SQ!ECU.EOAUTOG ' (Fir pll'IDII)
I--
.Ji HlREDAUTOS IIOOIL.VINJIJRY (PerMCldlnl> I ~---· All owned exc:apt ' MOPSRTV0AMAGe ' SE Licaneecl
OARAOE LIAllU1'Y : MOONLY-V.ACCl0eNT ' ....... .. , • .I'~ • N«Alll'O OMR THANNJTO ONLY: ~ ... ---EACH ACCIDENT $
AGGA!GATE $
EXCESS LIABILIT't' EACH OCCURRENCE $ ·• R rJMIIRILLA l=ORM AGGR!l.G~'fl:. ' -O'l'HER TI-WI UMlillUil.V. FORM $
WORK!IU COMPENSATION ANO I W.C)i.T~J.\J-";. f 1°1~: EMPLOYl!RII LIAl!IILl'l'Y : et.f:ACWACCIOENT s 1000000
C 'l'HE PROPRIETOR/ R~L NS036072A 08/01/95 08/01/9~ a lll&EASE • POUC'f LIMIT $ 1000000 P~Cllt!W -~
Cl"FIC!ICSAftE: exa. E\. ~ASi • Ill EMPI.OVEE. $ 1000000
0~
liSCRIPTION OF OPERATIONS/L0CATl0NSMHICI.SSlllliQIAl. l'l'IMI
'ERTIF~TE H~~DE~. -~-· .-.. ~ ~ -·-·-.. ,' :."·:· r••. ~ ~ . ,. : ' ,: CANCEl,LATION · . . . .. , ,,·•'. . ' ... , .... ... -.. , .. :.:·-.= ... "'-. --., < • ' . . ... --··· ·•·•·· .. . . ·.: .. .:. ,: ..... ... ' ... ..
XXXXX01 8HOUU) Nff OF 11E IIBOVE gac;RJBm poucl&S tlE CANClil.LED BEFORli lMli -
UPlll!ATION DATl!l TMCA!f'.OF. TMI! IS.SIJINOCOINl'ANVWILL l!Nl:IEAVOATOM4ll -,.!Q_QAvs WJ!l!TT&N NOTIClii to 1Hli C&RTIFICAT& Ha.01i1R NAMlit:1 "i'O 'l'WI! 1.eFT,
auT FAlLURE TC> MAIL SUCH N01'1C& SMAIJ. IMPOSI NO 081.IOAT!ON OR 1.1.un.n'Y
gfl ANY l(INl:I U"9N TNli: l;QMPANY, rn-eNTt Q" MPRHEll(TAtlVH ••
1 AUTHO~RE~HENTATIW ~ U)-//t"" _#./k
I ~ .. ---· ·-,-
CORD 25-S (11'.86} .. {' OACORD CORPORATION 1988
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
19
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
X
yes no
2. If yes, what was the name of the agency and what was the period of debarment?
party debarred
agency
period of debarment
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California )
, O ) ss.
County of S /)-/U , 1 EG tJ)
·JO i-f-,1,; LI <ci /UJV I ;VG S , being first duly sworn, deposes
(Name of Bidder)
20
and says that he .o.i:-s1:le is G£,l[)f., R i±L.. ()fl f}-A} (±GS I\ -CH: Ip st, fl L i) /i1 } $ i D l}
(Title)
of C /fl IF QR NIH-PBUb Mf,; /lJ T /V1 f-f I A)Tv&ff:A)uf, CDA1 P/f)[) '/ /4,:c
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are 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 agent
thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the fore~oing is true and correct and that this affidavit was
executed on the Q '::!-day of /j~ '"'tf , 19 --£k·
/kdd~•~
Subscribed and sworn to before me on the ___ p_· __ M_·. _ day of ~, '19 9&
(NOTARY SEAL)
1/29/96
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CONTRACT-PUBLIC WORKS
This agreement is made this /?-i;u day of ~ , 19 f'? , by and
between the City of Carlsbad, California, a municipU<forporation, (hereinafter called "City"), and
CALIFORNIA PAVEMENT MAINTENANCE COMPANY INC.whose principal place of
business is 9390 ELDER CREEK ROAD, SACRAMENTO, CA 95829
(hereinafter called "Contractor''.)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's
Statements of Financial Responsibility, Technical Ability and Re Debarment, 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 work
as indicated, specified, and implied by the Contract Documents. Any items of work not
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor's expense to fulfill the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent·of the Contract
Documents, and the City's decision relative to said intent will be final and binding. Failure
of the Contractor to apprise subcontractors and materials suppliers of this condition of the
Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per Section 9-3 of the Standard 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 a~ amended by the Special Provisions section of this contract.
The closure date for each monthly invoice will be the 30th of each month. Invoices from
the Contractor shall be submitted according to the required City format to the City's
assigned project manager no later than the 5th day of each month. Payments will be
delayed if invoices are received after the 5th of each month. The final retention amount
shall not be released until the expiration of thirty-five (35) days following the recording of
the Notice of Completion pursuant to California Civil Code Section 3184 .
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5.
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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 days after receipt of an undisputed and
properly submitted payment request from a contractor on a construction contract. If
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the city shall pay interest to the contractor equivalent to the legal
rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the city determines
that the payment request is not proper, then the request shall be returned to the contractor
as soon as practicable but not later than seven (7} days after receipt. The returned request
shall be accompanied by a document setting forth in writing the reasons why the payment
request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then the
number of days available to the city to make payment without incurring interest shall be
reduced by the number of days by which the city exceeds the seven (7) day return
requirement.
•Progress paymene includes all payments due contractors except that portion of the final
payment designated by the contract as "retention earnings".
A completed and executed release form in the form described in this contract· (hereinafter
"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 the
. contractor's acknowledgment that no disputes 9f any type have arisen that pay period or
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 or
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 Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions th~t might affect the
progress of the work, and is aware of those conditions. The Contract price includes
payment for all work that may be done by Contractor, whether anticipated or not, in order
to overcome underground conditions. Any information that may have been furnished to ,
Contractor by City about underground conditions or other job conditions is for Contractor's
convenience only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions and has not
relied on information furnished by City.
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23
6. 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 d~lays in the completion of the work caused by acts of God,
stormy weather, extra work, or matters which the specifications expressly stipulate will be
borne by City.
7. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the suriace 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 25117 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.
City 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, contractor
shall not be excused from any scheduled completion date provided for by the contract, but
shall proceed with all work to be performed under the contract. Contractor shall retain any
and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
8. Change Orders. City may, without affecting the validity of the Contract, order changes,
modifications and extra work by issuance of written change orders. Contraqtor shall make
no change in the work without the issuance of a written change order, and Contractor shall
not be entitled to compensation for any extra work performed unless the City has issued
a written change order designating in advance the amount of additional compensation to
be paid for the work. If a change order deletes any work, the Contract price shall be
reduced by a fair and reasonable amount. If the parties are unable to agree on the amount
of reduction, the work shall nevertheless proceed and the amount shall be determined by
litigation. The only person authorized to order changes or extra work is the Project
Manager. -The written change order must be executed by the City Manager or the City
Council pursuant to Carlsbad Municipal Code Section 3.28.172.
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24
9. Immigration Reform and Control Act. Contractor certifies he is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has
complied and will comply with these requirements, including, but not limited to, verifying
the eligibility for employment of all agents,. employees, subcontractors, and consultants that
are included in this Contract.
10. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations ha~ determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 1773 and a copy of a schedule of said
general prevailing wage rates is on file in the office of the 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
site.
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 any
failure or alleged failure of Contractor to comply with any applicable law, rules or
regulations including those relating to safety and health; except for loss or damage which
was caused solely by the active negligence of the City; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the City. The expenses of defense include
all costs and expenses including attorneys fees for litigation, arbitration, or other dispute
resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award
of the contract to Contractor, and Contractor will pay all costs, including defense costs for
the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
12. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. Said insurance shall meet the City's policy
for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND LIMITS -Contractor shall maintain the types of coverages and
minimum limits indicted herein: · ·
1. Comprehensive General Liability Insurance:
$1,000,000 combined single limit per occurrence for hvdHy injury and property
damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers
or employees are additional insured.
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2. Automobile Liability Insurance:
$1,000,000 combined single limit per accident for bodily injury and property
damage. In addition, the auto policy must 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 in any ~nner.
3. Workers' Compensation and Employers' Liability Insurance:
Workers' compensation limits as required by the Labor Code of the State of
California and Employers' Liability limits of $1,000,000 per incident. Workers'
compensation offered by the State Compensation Insurance Fund is acceptable to
the City.
(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, Employers' 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 behalf of
the Contractor; products and completed operations of the contractor; premises
_ owned, leased, hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers. All additional insured endorsements must be evidenced
using separate documents attached to the certificate of insurance; one for each
company affording general liability, employers' liability and auto liability coverage.
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 of
the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
(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 of
completion of the work.
(D) NOTICE OF CAN CELLA TIO!'! -Each insurance policy required by this agreement shall
be endorsed to state that coverage shall not be nonrenewed, suspended, voided,
canceled, or reduced in coverage or limits except after thirty (30) days' prior written
notice has been given to the City by certified mail, return receipt requested.
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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 City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retenti.on 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.
(G) SUBCONTRACTORS -Contractor shall include all subcontractors as insured under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. Coverages for 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. Insurers must also be authorized to
transact the business of insurance by the State of California Insurance Commissioner
as admitted carriers as evidenced by a listing in the official publication of the
Department of Insurance of the State of California and/or under the standards specified
by the City Council in Resolution No. 91-403.
(I) VERIFICATION OF COVERAGE -Contractor shall furnish the City with certificates of
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.
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy
of Article 1.5 is included in the Special Provisions I section. The contractor shall initially
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 Tort
Claim Act (section 900 et seq., of the California Government Code} for any claim or cause
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 be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation.
1/29/96
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(B) Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution .
(C) Contractor acknowledges that California Government Code sections 12650 et seq., the
False Claims Act, provides for civil penalties 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 by reference.
(G} Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in
contract bidding. _ :-IJ_~ _____ _
I have read and understand all provisions of Section 13 above. ~iar-·
14. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter
1, Article 2, of the 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 for
any obligation established by this contract. Any other security that is mutually agreed to
by the Contractor and the City may be substituted for monies withheld to ensure
performance under this Contract.
17. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause
required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted,
or is not correctly inserted, then upon application of either party, the Contract shall forthwith
be physically amended to make such insertion or correction.
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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.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
(CORPORATE SEAL)
CONTRACTOR:
CALIFORNIA PAVEMENT
MAINTENANCE COMPANY. INC.
(name~of Contractor) _
By:
__,..__ -,---,e,...re ..... ) ~----=£-l'--IZA-=Ba.....ET_H_A_IR-OS_O __
CORfORATESECRETARY
(print name/title)
By: .&~~~-'o/'
(sign here) .Rebert A.B~
Vice President 1 i
(print name/title)
ATTEST: ~y~,~,~~clU J
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 the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
ANE MOBALDI
Dep: City Attorney
1/29/96
STATE OF CALIFORNIA
C··om TTY OF Sacramento ............................ , ................... . . 'i ............................................. .
· 1 c: ' c · d S · ao
:.-:·-:-·. •:,··-.-:--;.~:--a-.
On .............. '.~.:~.'.i.~ ... ..!..i?..' .................... before me., ............ -1.l? ... Y ...... <?,I?),g ................................... ,
_ all app~ared Elizabetl?-. ..JP .. r.9.~Q ....................................... , personally per:,on y c ................................... . •
k.no,vn to me (or proved on the basis of satisfactory ~v1~en_ce) to be the per-
son(s) whose uame(s) is/are subscribed in the within 1~str1;ment_ an.d
knowlodaed to me that he/she/they executed the same rn hisfner/~hei.r
!~thoriz-ed capacity(ies), an~ that .by his/her/their si~ature(s)0 o,.'.'1 the
instrument the person(s), or tne entity upon behalf of which the p_r:,on(s)
acted, executed the instn.1.ment.
STATE OF CALIFORNIA}
County of San Diego}
ALL PURPOSE
ACKNOWLEDGEMENT CERTIFICATE
On __JjJNf..J7 , 1996 , before me, ---111.CHELE....B.LAK~-----------
( here insert name and title of the officer), personally appeared
BQBEBI A B! AKEY personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature/fNtC£i1L£ ~
·-· ·-.·.
''• .... ·.•·-._._ .. -_·,,,.~·--.-::• --;.,_· ... -~-· ...... .,_ ·. · .. '.· ·.
_: _,, ~ .. :..: · .... :. : ,.. -... · .. .-. : ~
-I '
CALIFORNIA PAVEMENT MAINTENANCE
COMP ANY, . INC.
9390 Elder creek Road
Sacramento, ca 95829
January 14, 1994
9:00 o'clock a.m.
MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS
A special meeting of the Board of Directors of
CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC., was held at the
time and place indicated above. The meeting was attended by
GORDON L. RAYNER, President and Chief Financial Officer of the
corporation and ELIZABETH AIROSO, Secretary.
The meeting was called to-order by the President. He
announced that it was necessary to establish the authority of
certain personnel for the signing of contracts and bonds as
necessary to commit CALIFORNIA PAVEMENT MAINTENANCE COMPANY,
INC., to contract work with various municipal, county and federal
entities. The President recommended that he Gordon L. Rayner,
Elizabeth Airoso, Robert A. Blakey, Ray w. Myers, J.D. Zillman,
Stephen E. Olsen and John W. Jennings have the authority to enter
the company into contracts and sign the appropriate bonds and
contract documents. After discussion the following resolution
was approved.
RESOLVED, That the following are authorized to sign bid
proposals, bid bonds, contract documents and contract
bonds.
Gordon L. Rayner,
Elizabeth Airoso,
Robert A. Blakey,
Ray w. Myers,
Stephen E. Olsen,
J. D. Zillman,
John w. Jennings,
President and Chief
Secretary '
Vice-President
Vice-President
Vice-President
Estimator
Estimator
Financial Officer
RESOLVED, That Bonding and surety companies and any
municipal or government organization are authorized to
honor these signatures for the signing of proposals,
bid bonds, and for executing contract documents and
contract bonds.
General business affairs of the corporation were
r,•'".~ormal action and the meeting then adjourned.
~ \ ·. ~
• E=ecretary
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LABOR AND MATERIALS BOND
Bond Number: B2658595
29
Premium Included In Performance
Bond:
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 96-185 , adopted MAY 21. 1996 , has awarded to
CALIFORNIA PAVEMENT MAINTENANCE COMPANY INC. (hereinafter
designated as the •Principal"), a Contract for:
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of
which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providing that if Principal or any of their subcontractors shall
fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or
about the performance of the work agreed to be done, or for any work or labor done thereon
of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, CALIFORNIA PAVEMENT MAINTENANCE COMPANY INCas
Principal, (hereinafter designated as the "Contractor''), and Reliance Insurance Company as
Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY FIVE
THOUSAND SEVEN HUNDRED TEN AND 50/100-----------------------Dollars
($ 45, 71 o. 50 ), said sum being fifty percent (50%) of the estimated amount payable
by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be
made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or
about the performance of the work contracted to be done, or for any other work or labor thereon
of any kind, or for amounts due under the Unemployment Insurance Code with respect to such
work or labor, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the contractor and
subco,ntractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor that the Surety will pay for the same, not to exceed the sum specified
in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses
and fees, including reasonable attorney's fees, to be fixed by the court, as required by the
provisions of Section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled
to file claims under Trtle 15 of Part 4 of Division 3 of the Civil Code (commencing with Section
3082).
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 performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, alterations or addition to the terms of the contract or to the
work or to the specifications .
1/29/96
=~~--.;:-~----=-~· ~=----.,.,-.,..-.. --....... ----------
STA TE OF CALIFORNIA
COUNTY OF ........... sac~ament<? ........................................................... .
1 n er 1 •• ••
... o·· .•• a ~
"' . Sacramen1oCou11tY L, . . , , .... My Co!"mlssJo~ ?P· Of: 2, 1998
o 6 <Jc, I?(,.., before me ......... GJAQ.Y._.$.~.P.:t,g9:9···························· ... , p:r~·;;;iiy.;p";·~~·;~·~t········i1i~abe~~ ... AJ.r9~g··················-··:•··················, personally
.known to me (or proved on the basis of sati~factory ~vi~en_ce) to be the per-
son(s) whose name(s) is/are subscnbed m the within 11:str:1-ment an_d J acknowledged to me that he/she/they ex~cuted th~ s~e m his/her/their
! authorized capacity(ies), and that by h1s/her/the1r s1~ature(s) on the
C instrument the person(s), or the entity upon behalf of which the person(s) ..,. . l acted, executed the instrument.
WITN"ESS ,my: hand and official ~eal. . / ); ' j -"'-······················L·:··,~}:);:,.c.~":c;.s-~;,};fikfdtf!/lit::Zs·i'~:······ ····················································
~/ ' ,J
. . , . .• _, -.... •i! .., ~ t::,. 3...-, ~ 1 S\J~:~.✓.a for th>i adv~ -:i? zn a;~,:xr..ay. Tn.J' ;rirtar d~ r.::it r.:a'-<.a a:iy
-• • • :, • 1,,, ..., r r,,.., \."$,,l :n sa·r.;,ri !r.111s-a=:,:::ir.s and m no w-a.1 a.-..~:. 0t ... 1 .. tnc-a._, ... _. ,.,:s do-et,u~-.. Mt is-0-N'j a ;anir.il form whie., rray ~ ,...~P"J (.. • • -t• ,,.-"'a"--ir,..,_., of .... S-6 for:-r..$ in 1,;:v s.:,,,-::1.a::: tr3~.za::t1on. · h · c d , tt-,,o 1o~,1 v,fi~"" o ,ny prov:s<Jn -"• -·• ; •. , "' ... , w=an:y. oi!,., '"-'':", '"'P•• . as .o. .•LEoG--:.;:-...,T-Ge -al (Ci<il Code llS9(a)) (Mns.d.1/33) Cowde:y'sF=No.lOG-ACKNOW .,i:.,, -0-,
STATE OF CALIFORNIA}
County of San Diego}
ALL PURPOSE
ACKNOWLEDGEMENT CERTIFICATE
On ___ J __ U __ N.a;.E __ 1 __ 7-'-. __ l;.;;9..;..96 ____ , before me , ___ _.:i,,...1 ... c .... HE ... L ... E .... B ... L ... A"'"JCE .... Y.__ ________ _
(here insert name and title of the officer), personally appeared
ROBERT A Bl AKEY personally known·. to. me to be the person whose
name is subscribed to the within instrument and a<::knowledged to me
that he executed the same in his authorized capacity, and that by his
signatu+e on the instrument the person, or the entity ·upon behalf of
which the person acted, executed the instrument.
(Seal)
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In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this __ _
day of. , 19 __ .
CONTRACTOR:
California Pavement Maintenance
Company, Inc.
(name of Contractor)
B~~
ELIZABETH AIROSO
(print name here) Ct>RPt>RAfE SE~E~RY
CALIFORNIA PAVEMENT
By:~~~
(signhere} R~ . lakei
Vice President
(print name her~) CALIFORNIA PAVEMENT
MAINTENANCE COMPANY, INC.
(title and organization cf signatory)
Executed by SURETY this
of May
30th day
I 19 96 •
SURETY:
Reliance Insurance Company
(name of Surety)
10989 Trade Center Drive
Rancho Cordova, California 95670
(address of Surety)
(916) 638-8300
(telephone number of Surety)
By: (..A.A--
(si ature of Attorney-in-Fact)
Joseph H. Weber
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANj'MOBALDI .
Deputy City Attorney
1/29/96
' .
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On May 30, 1996
date
· before me, _ __.Mae-..r-,.y'"-:-"'B--:-~A---.:.___._.M.,,.cI..,.,a_,..._.1g"';'h~l~i;"'n'"-:::-:.---=:::------here insert name and title of the officer
personally appeared -~..ula ..... s::ue~p.1..1.b.__,_B,...,__..w .... eJ.Lh,..er.,__--:--:---:;--:----;-;-----------------name{s) of signer(s)
personally known to me (~:,mxxluclJmsisa,ibsmis:iautrngamli~_ to be the perso~
whose name(fi) is/~ subscribed to the within instrument and acknowledged to me that h~~
executed the same in his4w~authorized capacity~ and that by his~signature(x) on
the instrument the person!§;), or the entity upon behalf of which the person6uc acted, executed the
instrument.
(Seal)
(The balance of this page is intentionally left blank.)
\ / ';;, ,,,,_:,:
ADMINISTRATIVE OFFICI?, PH_ l~~DEl?PHl~_--_1_{>'_-._ •• -_ E_.r;l~tYLVANIA
;(-~I,:.. "
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation dl:llY org1i11izecl lir{q;fJhf jc1Wi(#~
~ware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSl)RANCE COMPANY, are corporattgi:l~c.-~lll!(;;prganit
of the Commonwealth of Pennsylvania and that RELIANCE NATIO,NAL INDEl',/lNITY CQ1',11PANY,is<cl corpoi:ati;o,n dufypr~ani
the State of Wisconsin {herein collectively called "the Companies") and that thl;l Companies by · _ f ~(gr;i11tl:lfEi'° ·-
constitute and appoint Joseph H. Weber, of Sacramento, C~0lifornia their true ~nd,lawfuLAttorney .fa-ct, tO?iJJa
for and on their behalf, and as their act and deed any and allbondsandunqertal(ings of suretyst-iip _. _._ . bfoci •
to the same extent as if such bonds and undertakings and other vydtings ob_ligatory i.r:hthe nature ttrereofwere
-~-Jhl;l Cl.Rf9Pw:1ies.and sec1J.ed an(ij attested b.y.one other of such officers, and ~ereby ratifies and\qpnfirms aU\that their do;in''t!i;irsuan-· eof. -·.'<>-.;t · . ,y,· J/.. •
,'\ --~--. -,." '-\{:',_; ,·
L .... f." . This;_,_ower of Atto~nev is,,.granted under and by the.autf1ority .of Article VII df ttre-;s\;,:..£ais of)tEU~N
' RELIANCE,INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMl?ANY, and· RELIANCE NATl~NAI:." INO"EM_l)IITY
are now in full force and effect, reading as follows: · ·· ·· · · · "·
ARTICLE VII -EXECUTION OF BONOS AND UNDERTAKINGS
. .
e_~t•-:}~~-~-h,~frm8:tyq'f t~~_.~-~·,ard, any Senior v_ice-Presi'Q~n~. any v:ice Pre·sident or·Assistant Vice President or oth_e~ officer designated by the Board_of
· int'A(to;6ey(s},[n-F;c10·a'nd to authorize them to execute on behalf of the-Company, bonds and undertakings, recognizances, contracts of indemn1tv
:ib}<d{ r~~e-~nY ·such Attomey(s)-in•F~ct a_t any tillle and~reVoke·the:power and authority given to them.
,: ' .
e .P9Y;,er:>~,ri:d::a··~thority, -_subject to the terms and limitati_ons of the Power of Attorl"!ey· issued to them, to eXeeut~ deliver on b_ehalf of·the-:ca_mpany, b~nds
:Oe-1ndemni~Y-.-_and,other-wr_itings·obligatory in the nature thereof. The_· corporate seal is not necessary for the validity of any bonds and undertakings,
r1ity, and·,:~lher writing$ oblJgarnrv in the naturn thereof,_·
;:_ · .. ; . .. •. . .. AttO)+le~(s_),+';?:lact-s_hall _ ·:~ave power a~d authority to ex~cute affi!:fa:v_tts
d th~y st);iTl"ii·is~ have pl>Jiyer and:authority to certify the imancial sl/3rement ,1-(:y'· ,/", , --,-·,
d4y°'1,;;:lilfJi~'li,-ici seat_ti/:~i/Jaci(mjle'under and by ~Othority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance
Insurance Company,-un,ted Pacific lns_urance Company and Reliance National Indemnity Company ·by •1:1n.ir1inJous Consent date'd·as;,o.t;f(lt,ruart 2;8_-,0,1994••-and
Committee of the Boa0rd of Directors ot"Reliance Surety Company by Unanimous Cori'sent datell a.s of March ·st, i 994. .' J . .
"Resolved that the signatures of such directors and officers and the seal of th~ Company may be affixed to any such Power a?Auor!)ily{, any 9er_tiffcat;i
fa.csimile,and an_y_· s~ch Power of Attorney or certificate bearing such facsimile signatures or facsimile seal-shall b_e ~8~id ,a~ct-O,i~din,~:,!~~i\ the. C~~-P8;?i:-an,,9
executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the•M:ure with•1e~p~ct.to any bond a/under
attached."
A-,[]IT.U:li-tfllP.S have caused these present$ td'b~i$!9~'~a ~nd thiif cqr-_porc"lt¢ se:als to,be herec!P: -·•-••··.
-,~:::y·,,57
-~ --)?
RELI
' .,-"' z;:2,~;,;,: d,/
nee W. Carlstrom, who acknowledged himself to be the Senior•-
~ lnsl:lf~ce Company, UnitedPacific .Insurance Company, and
" exee'o:ted the foregoing instrument for the purpose therein
i1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COfv1P~NY, Rl::L.lfo-NCE IN8[~.R.ANCE
Y, anc\{.; lANCE~~TIONAL;,~_t,!.DEMNp;;y_ C:OMP~f'.!Y do hefl:lby_cert1fy:tnat the abov, and ,
ttclrne.y d"l:l)l(5a)d Comparue.s, wt'nch 1s still m full force and effect; · · >, ... · .. __ -... _
l,~\Vrf¼ESSVV8JRrn~,'~'i~!l~e hejeunto set myhand and affixed the seals of said Companies thisCt~ct::h _day ;f~""'-""'-""'--·•.;~'..,...~"oc' ""'-'---'--'-'.~: . t,: ·•'$'\;\ " . ~
Assistant Secretary
·•
•
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..
Bond Number: B2658595
Premium: $411 . 00 31
FAITHFUL PERFORMANCE/WARRANTY BOND
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
No. 96-185 , adopted MAY 21 , 1996 , has awarded to
CALIFORNIA PAVEMENT MAINTENANCE COMPANY INC. (hereinafter
designated as the "Principal"), a Contract for:
ALGA ROAD ASPHALT RUBBER CHIP SEAL
CONTRACT NO. 3305
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications,
and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad,
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
require the furnishing of a bond for the faithful performance and warranty of said Contract;
NOW, THEREFORE, WE,CALIF0RNIA PAVEMENT MAINTENANCE COMPANY INC. ' as Principal,
(hereinafter designated as the "Contractor"), and Reliance Jnsnrance Campany
_______________ , as Surety, are held and firmly bound unto the City of Carlsbad,
in the sum of NINETY ONE THOUSAND FOUR HUNDRED TWENTY ONE AND
NO I 100------------------------------------------------------------0ollars
($91,421.00 ), said sum being equal to one hundred percent (100%) of the estimated
amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for
which payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBUGATlON IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions, and agreements in the Contract
and any alteration thereof made as therein provided on their part, to be kept and performed at
the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers,
employees and agents, as therein stipulated, then this obligation shall become null and void;
otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,
there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees, incurred by the City in successfully enforcing such obligation, ail to be truced as costs and
included 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 performed thereunder or the specifications
accompanying the same shall affect its obligations on this bond, and it does hereby waive notice
of any change, extension of time, alterations or addition to the terms of the contract or to the
work or to the specifications.
1/29/96
STATE OF CALJFORNIA}
County of San Diego} ALL PURPOSE
ACKNOWLEDGEMENT CERTIFICATE
On _ _.,=lll~N~E~l.Z~--J~9~96~ __ , before me, ___ ~M~z~c~~~£L~t~a~l~A~K~£Yi--~-------
(here insert name and title of the officer), personally appeared
ROBERT A Bl AKEY personally known to me to be the person whose
name is subscribed to the within instrument and.· aqknowledged to me
that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of·
which the person acted, executed the instrument.
WITNESS my hand and official seal.
r······;:::?'"·;;,,:»:•··:•;~·;c·HELe'"s{A~KEY ........ ~.!
~; ,; ·,, 1·:t\, COMM. # 1066758 r-~•~ : · ?' l{:?,:t\ NOTARY PUBLIC · CALIFORNIA~
:}..~f;/ SAN DIEGO COUNTY -: (Seal) i \ t:",<>'" MyCcmm.ExpiresJdy31, 1999 ~
• • • • • •• ,t ,~ ~~ ).•~ .-,. ~,-"• ~".,•~ •":•," •: •." • ~ ••"' '(• '•••~•'\.•. V ,:'".,~" ',r...;,,~.~.-•~fl"",t••••.\ • .. •,...,W,('•" ,.,..,;._.r ... :: •
STATE OF CALIFORNIA
COUNTY OF ........... Sacramento ........................................................... .
,/. -:71 c:,. /,_ Cindv Sapigao On ................ 9 .. :?<J.';; ...... ! .. :: ............ _ .... before me, ................. -'.J.-............................................. ,
personally appeared_ ...... Elizabeth .. Air9sg ., ........ -..... -...................... , personally
knovrn to me (or proved on the basis of satisfactory evidence) to be the per-
·., son(s) whose name(s) is/are subscribed in the within instrument and ,_..,...._.._ .. .., .... ...,., ... ,,..WIGAO .. ,..,,..,,.._..,..n...,., f acknowledged to me that he/she/they executed the same in his/her/their
CGlllJNGRA • authorized capacity(ies), and that by his/her/their signature(s) on the ~&~ C instrument the person(s), or the entity upon behalf of which the person(s)
Sacramento~ ... acted, executed the instrument. My Commission Exp. Oct. 2, 1998 t , .. • . . . " • • ... l
WITNESS mrhapd and official se31.l. -.
· · L • ~ il.cctjfifo';:;.;:;iiiot;;t;l;i]ft~ · · · ·
~ .. . .·.-.--·,--.... --., .·-· --,. ~· -~ -···. •·· ·-· .
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32
In the event that Contractor is an individual, it is agreed that the death of any such Contractor
shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this ----day of _________ , 19_
CONTRACTOR:
California Pavement Maintenance
Company, Inc.
(name of Contractor)
By:~ (¾r,1iere
ELIZABETH AIROSO
(print name hererGGRP8RAti.S£GR£TMI
CALIFORNIA PAVEMENT
MAINTENANCE CQMPANX INC
(Title and Organization of Signatory)
By: ~d,~ (signhere}
Robert A. Blakey
Vice President
(print n8~1~C>f(NIA PAVEMENT
MAINTENANCE COMPANY, tNC.
(Title and Organization of signatory)
Executed by SURETY this 30th day
of May , 19 96 .
SURETY:
Reiiance Insurance Company
(name of Surety)
10989 Trade Center Drive
Rancho Cordova, California 95670
(address of Surety)
(9U~) 632 2300 (telephone number of Surety)
Jospeh H. Weber
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.}
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANEt;OBALDI
Depu y City Attorney
1/29/96
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Sacramento
On _M_a_y_3_o_, _1--,9_9,.....6 ______ before me, _ _.Ma......,.r"="y,__.B~-........ A ..... ,......_.M...,.c_La_u.,..g"t'h~l~i="'n""""=-~---=-==------
date here insert name and title of the officer
personally appeared _ __....,.Ja .... s""e"¼p .... bi.....uli""-W......,eb...,_e..._r..._.....,....,,_....,,....,...--e-:-----------------name<s> of signer(s)
personally known to me (~:t«Xl!le:~111:€:~igaew:~. to be the perso~
whose name(i) is/:fift subscribed to the within instrument and acknowledged to me that h~
executed the same in his~authorized capacit~ and that by ~signature(x) on
the instrument the personi§,,}, or the entity upon behalf of which the person(:ak acted, executed the
instrument.
= MARYE. A.0McLAUGHLIN I
COMM. #1078927 I
Notary Public-California ?
SACRAMENTO COUNTY I My Comm. Exp. Nov. 29, 1999
., ••••• USC(
(The balance of this page is intentionally left blank.)
(Seal)
,:,, -,,
ADMINIsrnA rIV& oFF1cE, PH1LAbELPH1A!:1:>E~isYL v ANIA
,_:,,, ';t~fz:filff~~;, . POWER OF ATTORNE'7 . . ..: ·... . . ,,:;✓,:,, •• ,, /,;,t/',.;'i~X'':;i: ': .,20/<,.·•.zJ.FJ.
KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation dulyorgitmze.ch111cf.l'{rth~Jtavys.pf;,'tJ:t~;;$;t:!itti1:of;,,Del7i,;~,
aware, and that RELIANCE .INSURANCE COMPANY and UNITED PACIFIC.INSURANCE COMPANY, are corporations dt.ily<>rgar:iize'ift1nt1ei2ttl.ieilaws"0
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly grgaryi:z:ed under .•. 8¥{5 of
the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtuf of signature a:rid•·~e;a,ls do h • ',n;;flike.
constitute and appoint ~oseph H. Weber, of Sacramento, California their tr.ue and,lawfuf Attorney(sJ-irrJ:act, to make, e)!:e,t::ute, sealiaQ deJJver
for and.on their behalf, and as their act and deed any and all bonds arid undertakings of suretyship;q!1d1;t:()blr:td t .. . .. th:1%feb . c,r;~;,
to the same_ extent as if such bonds and undertakings and other._.writing~ obligij1Afy,1iJ:1,the na,.tµi:e.'t~ifri.ot were . . ~?<'?~'.t.]'" .• , . . • J:;( ., the Companies and sealed and. attested by one other of such officers, and hereby ·rat1f1es and. confirms atl that their orney(sHQcFact>may , ' ···.,,doinpursu'ance'hereof, . . . . . .... .· ;·.. . ·... . •............. • <;;>~;
'/'
• This Power of ~ttorney is ,.granted under and by the authprity of Article VII of the By:LjiW.s of RELIAN.~J;{.SURETY eoil?,,£\.NY'
RELIAf\JCE.fNSURANCE .COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATl0NAL INDgM,NITY COMP.Ail'.J,:f:Jfwl;iich
provisions are now in full force and effect, reading as follows: /y
ARTICLE VII -EXECUTION OF BONDS AND UNDERTAKINGS
;~i{f :~G:'ii~;rd of Dife,i:'t~rs:,Jihe Presidenvtt>e Chairman of the,Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of
Directo{,r:snai[~ve power an.d aoth<irity to (a) appoint:!Attoineyts)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity
and oth~;;wr~tings,obligatory:ii\~h"S-:Oatttre thereof, ,a,n!=f (bl to0 remove any such Attorney{s1-in-Fact at any time and revoke the power and authority given to them. <,:,0_, ,--:-/ ' ~<, ,,¾:;))_;\
0~~~{;f$08Rfiave,power ~nd authorJty, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver, on behalf of the Company, bonds
-~:t{~~f%C(!l)ffa.t:f~;of ,lndeh'lntty and other writings-obligatory in t·he nature thereof. The corporate seal is not necessary for the validity of any bonds a"nd undertakings,
/.'-', ,,,,'-'/1/ ./'',/''• ,'demnity.,,and 'Other writin9s-'obfigatory in the nature thereof.
3}~ Attorney(sHn~~?-~t shall have power an~ authority to execute aff~davits requir~~/-to_)JE: -attached to __ b~nd~!' ~~cognizancesi contracts of indemnity or other conditional or obligatory
undertakingsj:and they shall af~qo/have power and authority to certify the financial statement of t'1e/con(Jiany and to c~biespf:~,the By-Laws of the Company or any article or section thereof.
I ,', ,(.-,~-,, {:--\,, _", ,,/ (',. ~.~//_; ·°":<::·'._''{,
,0;,';l";!}j~,,:~~w1f~tliPf:Q~/Y:,ts:;,~1,J'lf~nd~~~;~1~9;by,-!~9it~Jl~ UJ)der ~p~ ~y authority of the followin~ resolution adopted ~;·;he Executive and Finance Committees of the Boards of Directors of Reliance
Insurance Company, un.ited Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent d~te1; as off~bruary 2S.,c.l;l9~·'.?'}.~/•~:Y' \ arn:J,f;ioancialn.·
C'ommittee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. ·. · • · • · · · ;' • .·. • ./. •·.,,;, " •. ,.; ..
,:\i ' \/ /;-"' \/j;
"Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to. any such Pbw~r ot)\.ttorrie'y or ani;i:~ri(ffca~;s•r~lati
facsimile.and any such Power of Attorney or certificate bearing such f_acsimile signatures or facsimile seal sh8II be valid and bi~~Og upon the Com~f6'x:~~~q,f ~ny sUch ,Po\;;e_~~-iA::/~
executed and certified· by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future wit,h/ie~pect to any bond -Of\.1~~{ftaking to whi~~'-if'i{'.?:)
attached." • ·/4
; ' } }'.:is~
99~~i§;f;t~ me, )~net Blankley, personally app~a
eliar1ce.§urety C<>nipany, and the Vic:e 'Ptesjq ....
nity g:'~mpar;iy arid th_?t as s':lch, b · ·e: name;bf the corporation by himself •
;~~e'ufitdse:tfny hand and, 9fficial seal.
N :tary Public in.and f~r th€. Staffof.w:a;. i~gtoq;, .•..•. /~
. Re,; ,iding;at Puyallup
I; Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE:CQlytJ=iANY, UNITEeP.15ctFICl~S@ffAI\J(:E>CQrf P:i~
, ,. Ji\['JY ,. ai;id R~LLANCE NA.TIONAL INDEMNITY COMPANY do hereby certify Jhat the above and foregoing. is a tr,ue alld i::orun::t copy.of t11e Po!"(~~};
"'•'o'fiAtfomey•eXecbted by.ffeaid Companies, which is still in full force and effect. : • ... '.. . : 1;''..'.'t,. • • · 0 •· / c:
l~:~,~~1s~;;}i\o/}\iive hereuntoset my hand and affixed the seals of said Companies this /jtthJay of . (;j:~iff !t/ t:{jf~Jj'l}
·;®~ .... 1~.·· .. •· .. ···•·.~.·. . '.\;._llG:.71 ..•.
~r/1/."
~'!~~
Assistant Secretary
-< --ACORD~ >ceAtlFICATE OF L..IABIUlff ,11sU~N.C~i&.I± . > ....
··-··
DATE(MMIDO/YY)
06/04/96 .. .. ..
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
InterWest Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Noack and Dean Division HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 255188 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sacramento CA 95865 COMPANIES AFFORDING COVERAGE
.neNo.
COMPANY
916-488-3100 A Pacific Insurance Company, Ltd Fax No.
INSURED COMPANY
B
California Pavement COMPANY
Maintenance Company, Inc. C
9390 Elder Creek Road COMPANY Sacramento CA 95929 D
tjpv¢RA~s .-. > •••• . ·•• ·• . . .. . .. .. ..... -.·. ·.· .... ·•· .
THlS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, 1ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE \ POLICY EXPIRATION LIMITS LTR DATE (MM/00/YY) DATE (MMIDDIYY)
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 -
A X COMMERCIAL GENERAL LIABILITY Z10004007 03/31/96 03/31/98 PRODUCTS • COMP/OP AGG $ l, 000, 000 c~ □ CLAIMS MADE @occuR PERSONAL & ADV INJURY $ l ,000 ,000 '-'-'
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE s l ,000, 000 -X Incl SE licensed FIRE DAMAGE (Arry one fire) sExcluded -vehicles MED EXP (Arry one person) $Excluded
AUTOMOBILE LIABILITY -COMBINED SINGLE LIMIT $
ANY AUTO -
ALL OWNED AUTOS BODILY INJURY ·-(Per person) $ SCHEDULED AUTOS I -
H!REDAUTOS ! BODILY INJURY -(Per accident) $
NON-OWNED AUTOS -= : PROPERTY DAMAGE $
I
GARAGE LIABILITY . AUTO ONLY· EA ACCIDENT $ -
• ANY AUTO OTHER THAN AUTO ONLY: ·.·· < ...... -
EACH ACCIDENT $ -AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $ Fl UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND 1wc~TATU-l TOR LIMITS 1°J~-r () ·•·· Y} I. }
EMPLOYERS' LIABILITY EL EACH ACCIDENT $
THE PROPRIETOR/ Fl INCL EL DISEASE • POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFtcERS ARE: EXCL EL DISEASE • EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLES/SPECIAL ITEMS
Project: Alga Road Asihalt R~ber Chip seal, Contract No. 3305. form ~tionalinsured per orm SC 2 attached. Primacy Insurance Clause per SC attached. Separation of insureds included in policy form. Per
Project Aggregate applicable.
q~~]l~lq~[ij ~W+Q~!{ /} >(.{<(.}{//>> •••• .· .-..... ¢4N¢t~'rio~ \ .t \ i •·••· ·-.. .... .. .... •·•·xt<>i?>••-·/r\Y/t \y ........
CARLS00 SHOUL.0 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL iNgliOVGR 1'0 MAIL
..a.Q.._ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Carlsbad 1111.1; FAN.I.IA& :i:GI ~f,AII; Ill.ISi I Ne:i:1sE Ill lAI.I; IMP86E N8 8Bl:18MIBN BR 1:1,iliBll:l'fY Purchasing Department
I"\.!: -, ... -~· .. ·-..... -•• -· ·-... -8 ------_ ... -s. 1200 Carlsbad Village Drive
Carlsbad CA 92008-1989 AUTHORIZED REPRES~NTA.r .
····~'lltifiM!lfs#" A99~)(~·.(jf!~►•• r .... x++t. + ...... J •... I> .-.· ). •··. > . / -•· •-· . -•·· ·•-•· ) ·.•.• i -•· .·· ,, <,&~ ......
Insured: California Pavement Maintenance Co.,. Inc.
Policy No.: 210004007
SPECIAL BROAD FORM
COJOIERCIAL GENERAL LIABILITY BNDORSEMENT
Thi• endor••~ant modifies insurance provided under tho following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. ADDITIONAL INSUREDS • BY CONTRACT, AGREEMENT OR PERMIT
•• WHO XS AN XN$URBD (Section II) ia oiaendecl to inalude as an
insured any person or organization with whom you agree4, because
of a written contract or agreement or permit, to provide
insurance such as is afforded under this policy, but only with
respect to your operations, "your work" or facilities owned ot-
used by y~u •.
b. This provision 1. does not apply unless the written contract,
agreement bas been executed or permit has been issued prior to
the "bodily injury," "property da1aage, ". "personal. injury" or
"advertiain9 injury."
...
The City of Carlsbad, it's agents, officers and/or employees .
. ,'
1/94
"\
-
Insured: California Pavement Maintenance Co., Inc.
Policy No.: Z10004007
ADDITIONAL INSUREDS ~ BY CONTRACT, AGREEMENT OR .PER.MIT
This endorsem~t modifies insurance provided under tho following:
COMMERCIAL GENERAL LIABILJTY COVERAGE PART
The follow.ing paragraph is added to SC02 1/94, Special Broad Form Commercial General Liability
Endorsement, I. Additional Insureds -By Contract. Agreement or Pennit:
c. Coverage provided by this· policy to Additional Insured(s) shall be primary insurance and any . · I
other insurance maintajned by the Additional lnsurcd(s) shall be excess and non-contributory.
but only as respects any claim or liability determined to be the result of the sole negligence or
responsibility of the Named lnsured~s).
The City of Carlsbad, it's agents, officers and/or employees.
scos 1/94
-
DATE (MMIDDIYY)
···..•• ACORD. ··· ···•· ~·•,r,~•••~•~•~~~,·•••··o•fz;••• .•CJ1llf•l•~·~·m,•·•·•·1rt1•§·'11•~H1·~•ftti~kll .. ···•·••·•·••·••··••·••··•·· 06/04/96
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER
InterWest Insurance Services
Noack and Dean Division
P.O. Box 255188
Sacramento CA 95865
lneNo. 916-488-3100 Fax No.
INSURED
California Pavement
Maintenance Company
9390 Elder Creek Road
Sacramento CA 95929
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
COMPANIES AFFORDING COVERAGE
Fireman's Fund
•··•·•·•·•··.·•·•·••·•·•····•·•·•·· •• ❖.III ) r· /)} ··•·•·· C ? + < ( / + i < f < i r < ·•·· i ) } / y i / <) >< < .? ? u \ < ( \ < / / I < ( > r <) t /) : ( < .))/ ( {}
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF Af<JY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co LTR TYPE OF INSURANCE
GENERAL LIAB1UTY ,-
COM~CIAL GENERAL LIABILITY mn CLAIMS MADE □ OCCUR
OWNER'S & CONTRACTOR'S PROT
-----------
AUTOMOBILE LIABILITY -A ANY AUTO -
ALL OWNED AUTOS -SCHEDULED AUTOS -X HIRED AUTOS -X NON-OWNED AUTOS ~ Any auto except
SE licensed
GARAGE LIABILITY -
ANY AUTO -
EXCESS LIABILITY Fl UMBREUA FORM
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
RINCL
EXCL
POLICY NUMBER
MZA80159343
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/00/YY) DATE (MM/OD/VY) LIMITS
GENERAL AGGREGATE $
PRODUCTS • COMP/OP AGG $
PERSONAL & AfJV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire) $
MEO EXP (/vly one person) $
03/31/96 03/31/97 COM81NED SINGLE LIMIT $1,000,000
BOOIL Y INJURY $ (Per person)
, BOO!L Y INJURY I (Per accident) $
' i I PROPERTY DAMAGE $
I AUTO ONLY • EA ACCIDENT $
OTHER THAN AUTO ONLY: /){)()(<
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
AGGREGATE $
lfcfR~r~~s I 1°JltT. >·?< > <.??><?
EL EACH ACCIDENT $
EL DISEASE· POLICY LIMIT $
EL DISEASE· EA EMPLOYEE $
Project: Alga Road Asphalt Rubber Chip se,l, Contract No. 3305. The City of Carlsbad, it's officials, employees and or volunteers are hereby named as additional insureds but only in connection with work performed by or on behalf of the named insured. Primary Ins and Separation of Insureds clauses are included in policv form.
City of Carlsbad
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad CA 92008-1989
CARLS00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL &Nl)liAI/OR lO HAIL
.1Q__ DOV.S JOJRl+TE~ NOT1C5 to TH& CEPTISCATE HQI DEii D'AftlED to THE I EFT,
~A~ URE 1'.0 •IIAIL-SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIASIU:rY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIV&:S.
Named Insured: Califomia Pavement Maintenance Company, Inc.
Insurance Carrier: Firemans Fund insurance
Policy Number: MZA 80159343
Policy Term: 03/31 /96 to 03/31 f97
ADDITIONAL INSURED
BUSINESS AUTO COVERAGE FORM
This is an endorsement only. Other than the changes shciwn, all other pre-.e.xisting
coverage remains in full force and effect.
IN considersation of the premium charged, it is hereby understood and agreed
that the following is hereby named as an additional insured under this poilcy;
but only 1n connection with work peliormed by or on behalf of the named insured.
The City of Carlsbad, it's agents, officers and/or employees.
Effective Data of Change:___.0...,8.__!1=2/,._,.9"""'6 _____ _
Counlerslgnature of AuthoriZed Agent: * If!/~ Date:i.P/J.2/l(t,
No ear. In urQnoe Agenta/Droker:s
< ... .·· ...... .
> ACORD .. DATE (MMJOO/YY) .. L
:.
PRODUCER
InterWest Insurance Services
Noack and Dean Division
P.O. Box 255188
Sacramento CA 95865
INSURED
916-488-3100 Fax No.
California Pavement
Maintenance Company
9390 Elder Creek Road
Sacramento CA 95929
.. · .
06/04/96 ·•.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
COMPANIES AFFORDING COVERAGE
California Indemnity Insurance
.·
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I co TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR , DATE (MM/00/YY) DATE (MM/00/YY)
GENERAL LIABILITY i GENERALAGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ ··~ ~ CLAIMS MADE □ OCCUR ( PERSONAL & ADV INJURY
~
$
OWNER'S & CONTRACTOR'S PROT I EACH OCCURRENCE $ -FIRE DAMAGE (Any one fire) $
MEO EXP (Any one person} $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO
f--
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
f--
HIRED AUTOS BOOIL Y INJURY r--(Per accident) $ NON-OWNED AUTOS -= PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ -
ANY AUTO OTHER THAN AUTO ONLY: ··. / -
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
I UMBRELLA FORM AGGREGATE $
/ OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION ANO IWCSTATU-I 10TH-)•·•····7 < ?. })\?} · TORY I IMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1000000
A THE PROPRIETOR/ RINCL N5036072A 08/01/95 08/01/96 EL DISEASE -POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE $ 1000000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
Project: Alga Road As~halt Chip Seal, Contract No. 3305. insured per ~orm E13 attached. Additional
City of Carlsbad
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad CA 92008-1989
CAlU.S00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlL' EPICFtlre m "!TAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Bl:l'I' F,1,11::l:IRE ;o MAIi:: 61:181 I NO'FIOE SI "'-LI: IMF'e91!! NC Cl!ILIISll'l'ICN Cl'l LIMIICI r I
,_.... ------.....
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ENDORSEMENT
Agency: 4-500095-00 No.
NOACK & DEAN INS. AGTS & BRKR
Employer: CALIFORNIA PAVEMENT MAINTENANCE CO. Date: 06/04/96
From: 8/01/95
To: 8/01/96
ADDITIONAL NAMED INSURED ENDORSEMENT
IT IS UNDERSTOOD AND,AGREED THAT THIS POLICY ALSO INSURES AN
ADDITIONAL INSURED EMPLOYER:
The City of Carlsbad, it's agents, officers and/or employees.
BUT, ONLY AS RESPECTS EMPLOYEES ON THE PAYROLL OF THE EMPLOYER NAMED
IN ITEM NO. 1 OF THE INFORMATION PAGE OF THIS POLICY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT NOTICE OF CANCELLATION
MAILED TO THE EMPLOYER NAMED IN ITEM NO. 1, OF THE POLICY, AS
PROVIDED IN THE POLICY, SHALL BE DEEMED NOTICE TO ALL ADDITIONAL
INSURED EMPLOYERS.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations
of the under-mentioned policy other than as above stated.
THE FOLLOWING SPACES ARE TO BE COMPLETED ONLY IF THIS ENDORSEMENT IS NOT ATTACHED TO
THE POLICY WHEN ISSUED. 1
The effective date of this endorsement is __ 0§/._0_4---'/_9_6 _____________ _ , AT 12:01 A.M.
This endorsement when countersigned by a duly authorized representative of the under-mentioned Company and attached to Policy No.
N 5036072A issued to CALIFORNIA PAVEMENT MAINTENANCE CO.
shall be valid and shall form part of said policy .
. SACRP,,.MENTO -., .-. '"'·
El 3 {04189) AGENT
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CITY OF CARLSBAD
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
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I The following representation and certification should be completed, signed and returned to City of Carlsbad.
REPRESENTATIONS: Mark all applicable blanks. This Are you currently certified by CALTRANS?
offerer represents as part of this offer that the YES __ NO X I ownership, operation and control of the business, in
accordance with the specific definitions listed below is:
(Check appropriate Ethnic Ownership Type) I n . .:: §tHN1ctcPPt$ : r. MALE n F'=MA1..er
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Cau X
Black
Hispanic
Asian-Pacific
Native-American
Asian-Indian
DEFINITIONS: ·
leNORITY BUSINESS ENTERPRISE: "Minority Busi-
ness" is defined as a business, at least 51 percent of I 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. I The Small Business Administration defines the socially
. and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (i.e.
American Indian, Eskimos, Aleuts and Native I Hawaiians), and Asian-Pacific Americans (i.e., U.S.
Citizens whose origins are from Japan, China, the
Philippines, Vietnam, Korea, Samoa, Guam, the U.S.
Trust Territories of the Pacific, Northern Marianas, Laos,
Certification #: -------------
CERTIFI-CATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offerer represents as a
part of this offer that:
This firm is __ , is not_x_ a minority business.
This firm is __ , is not_L a woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned busi-
ness is a business of which at least 51 percent is
owned, controlled and operated by a woman or women.
Controlled is defined as exercising the power to make
policy decisions. Operation is defined as actually
involved in the day-to-day management.
FIRM'S PRIMARY PRODUCTS OR SERVICE:
·?":--, ', /' ,,, •. j .; //~; ; i,/ V)/! ~ -/~--r-j",,. i_/ L/L.,,J i iL,..1 i ~
CONSTRUCTION CONTRACTOR:
/J f,/ _., CLASSIFlCATlON(S): __ n __ L-_· _~b_,_ ____ _
LICENSE NUMBER: ,]7 lf5/ ;j -----------
TAXPAYERS 1.D. NO. 01if-£l'74'~]lf:J!J
I Cambodia and Taiwan).
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
CALIFORNIA PAVEMENT I COMPANY NAMINfENANCE COMPANY, INC.
ADDRESS 9390 BOER CREEK RD.
TELEPHONE NUMBER I ••
-1
~LIZA8ETM ·AtR0SO
PRINTED~ Tl;::;
SI
DATE
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OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
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This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address i~ 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose address is --------------------------. hereinafter called
"Contractor'' a11d whose address ----------------------is hereinafter called
"Escrow Agent. 11
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1. Pursuant to Sections 22300 and 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for
retention earnings required to be withheld by the City pursuant to the Construction Contract
entered into between the City and Contractor for -------,,,---,---,----=---,---
in the amount of . dated ---,,-...,.....---(hereinafter referred to as
the "Contract"). Alternatively, on written request of the contractor, the City shall make
payments of the retention earnings directly to the escrow agent. When the Contractor
deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify
the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover
negligent acts and omissions of the escrow agent in connection with the handling of
retentions under these sections in an amount not less than $100,000 per contract. The
market value of the securities at the time of the substitution shall be a least equal to the cash
amount then required to be withheld as retention under the terms of the contract between
the City and Contractor. Securities shall be held in the name of 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 withheld from progress payments pursuant to the Contract provisions, provided
that the Escrow Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created
under this contract is terminated. The contractor may direct the investment of the payments
into securities. All terms and conditions of this agreement and the rights and responsibilities
of the parties shall be equally applicable and binding when the City pays the escrow agent
directly.
4. 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 paymei 1t terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
City. .
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6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securities on deposit and
payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor shall
hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of
the securities and interest as set forth above.
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:
For City:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
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At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow
Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
For City:
For Contractor:
For Escrow Agent:
*
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
To subsection 1-1, add the following
A. Reference to Drawings:
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Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar import are
used, it shall be understood that reference is made to the plans accompanying these provisions,
unless stated otherwise.'
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shall be
understood that the direction, designation or selection of the Engineer is intended, unless stated
otherwise. The word "required" and words of similar import shall be understood to mean "as
required to properly complete the work as required and as approved by the City Engineer,"
unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal, 11 "equiyalent, 11 and such words of similar import are
used, it shall be understood such words are followed by the expression "in the opinion of the
Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or
words of similar import are used, it shall be understood that the approval, acceptance, or similar
import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall
perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified or required to mean that the Contractor, at
her/his expense, shall furnish and install the work, complete in place and ready to use, including
furnishing of necessary labor, materials, tools, equipment, and transportation.
To subsection 1-2, make the following modifications:
Agency -the City of Carlsbad, California
Engineer -the City Engineer for the City .of Carlsbad or his designated representative
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SECTION 2 -SCOPE AND CONTROL OF THE WORK
.To subsection 2-4, make the following modifications:
Delete the third sentence of the first paragraph having to do with a surety being listed in the
latest revision of U.S. Department of Treasury Circular 570.
To subsection 2-4, delete paragraphs three and four and replace with the following:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and
materials bond) for this contract. The faithful performance/warranty bond shall be in the amount
of 100 percent of the contract price and the payment bond shall be in the amount of 50 percent
of the contract price. Both bonds shall extend in full force and effect and be retained by the city
during the course of this project until they are released according to the provisions of this
section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 35
days after recordation of the Notice of Completion and will remain in full force and effect for the
one year warranty period and until all warranty repairs are completed to the satisfaction of the
Engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notice of
Completion if all claims have been paid.
To subsection 2-4, add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to transact
the business of insurance in California and whose assets exceed their liabilities in an amount
equal to or in excess of the amount of the bond. The bonds are to contain the following
documents:
1) An original, or a certified copy , of the unrevoked appointment, power of attorney, by laws,
or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificat~ of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the City may require a financial statement of the assets and liabilities of
the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of
the execution of the bond. The financial statement shall be made by an officer's certificate as
defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial
statement may be verified by the oath of the principal officer or manager residing within the
United States.
. 1/29/96
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To subsection 2-5.1, add the following:
The construction plans for this project consist of two (2) sets. The first set consists of page nos .
55-65 and are attached hereto. The second set is designated as City of Carlsbad Dwg. No.
346-1 and consists of two {2) sheets. ,
To subsection 2-6, add the following:
The work to be done consists of applying a Type B asphalt rubber chip seal to the surface of
a portion of Alga Road, as shown on the plans. The Contractor shall furnish all materials
required by this contract and provide the necessary labor and equipment to complete the
operations specified herein.
Delete subsec:tion 2-9.1 and replace with the following:
2-9.1 Permanent Survey Markers
The Contractor shall not disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs with the Contractor that protecting an .
existing monument in place is impractical, the Contractor shall employ a licensed land surveyor
to establish the location of the monument before it is disturbed. The Contractor shall have the
monument replaced by a licensed land surveyor no later than thirty (30) days after construction
is completed.
When a change is made in the finished elevation of the pavement of any roadway in which a
permanent survey monument is located, the Contractor shall adjust the monument frame and
cover to the new grade. Monument frames and covers shall be protected duril)g street sealing
or painting projects or be cleaned to the satisfaction of the Engineer. The Contractor shall not
be entitled to any additional compensation for the work required by this subsection.
SECTION 3-CHANGES IN WORK
To subsection 3-5, add the following:
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1,5 (commencing
with Section 20104) which is set forth below:
Article 1.5 Resolution of Construction Claims
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 contractor
and a public agen.;y when the public agency has elected to resolve any disputes pursuant to
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,
except that "public work" does not include any work or improvement contracted for by the state
or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B} payment
of money or damages arising from work done by, or on behalf of, the contractor pursuant to the
1/29/96
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contract for a public work and payment of which is not otherwise expressly provided for or the
claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the
local agency. ·
(c) The provisions of this article or a· summary thereof shall be set forth in the plans or
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.
20104.2 For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision
is intended to extend the time limit or supersede notice requirements otherwise provided by
contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond
in writing to any written claim within 45 days of receipt of the claim, or may request, in writing,
within 30 days of receipt of the claim, any additional documentation supporting the claim or
relating to qefenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be
submitted to the claimant witnin 15 days after receipt of the further documentation or within a
period of time no greater than that taken by the claimant in producing the additional information,
whichever is greater. ·
(c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to
all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days
of receipt of the claim, any additional documentation supporting the claim or 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 pursuant
to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or within a
period of time no greater than that taken by the claimant in producing the additional information
or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response, or the local agency fails to
respond within the time prescribed, the claimant may so notify the local agency, in writing, either
within 15 days of receipt of the local agency's response or within 15 days of the local agency's
failure to respond within the time prescribed, respectively, and demand an informal conference
to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency
shall schedule a meet and confer conference within 30 days for settlement of 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) and
Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government
Code. For purposes of those ·provisions, the runni'ng of the period of time within which a claim
must be filed shall be tolled from the time the claimant submits his or her written claim pursuant
to subdiv~~1on (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.
(f) 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.
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20104.4. 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)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of
Civil Procedure, notwithstanding Section 1141.11 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 1141.10) 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 20104.4, 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.
SECTION 4 -CONTROL OF MATERIALS
Add the following subsection:
4-1.3.1 Inspection Requirements
Contractor shall furnish Engineer with such information as may be necessary to keep 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.
1/29/96
Delete subsection 4-1.4, and replace with the following:
4-1.4 Test of Material
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Except as specified in these Special Provisions, the Agency will bear the cost of testing materials
and/or workmanship where the results of such tests meet or exceed the requirements indicated
in the Standard Specifications and the Special Provisions. The cost of all other tests shall be
borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be approved
by him before the delivery is started. All materials proposed for use may be inspected or tested
at any time during their preparation and use. If, after trial, it is found that sources of supply
which have been approved do not furnish a uniform product, or if the product from any source
proves unacceptable at any time, the Contractor shall furnish approved material from other
approved sources. After improper storage, handling or any other reason shall be rejected. •
Compaction tests may be made by the City and all costs for tests that meet or exceed the
requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engineer.
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK
Add the following subsection:
6-2.1 Phasing of the Work
The work shall be divided into two (2) phases. The first phase shall consist of chip sealing the
east and westbound number 2 (right) lanes. The second phase shall consist of chip sealing the
east and westbound number 1 lanes. No work will begin in the second phase until excess
aggregate removal in phase one is completed. A minimum of two (2) working days for excess
aggregate removal will be required before routing traffic onto the new chip seal and proceeding
with Phase II. ·
Delete subsection 6-5 and replace with the following:
6-5 Termination of Contract
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmental agencies, or unreasonable delay caused by
enforcement of laws and regulations by other public agencies, including but not limited to,
enforcement of the Endangered Species Act and other similar laws.
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Delete subsection 6-7.1 and replace with the following:
6-7.1 General
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The Contractor shall begin work within thirty (30) calendar days after receipt of the "Notice -to
Proceed" and shall diligently prosecute the work to completion within fifteen (15) consecutive
working days after beginning construction. Work on this project shall not beg'in before June 17,
1996.
To subsection 6-7.2, add the following:
Hours of work-All work shall be performed be:tween the hours of 7:00 a.m. and 5:30 p.m. The
Contractor shall obtain the approval of the Engineer if the Contractor desires to work outside the
hours state herein.
Contractor may work during Sundays and holidays only with the written permission of the
Engineer. This written permission must be obtained at least 24 hours prior to such work.
To subsection 6-8, add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any
faulty work or materials discovered during the guarantee period shall be repaired or replaced
by the Contractor, at his expense. Twenty-five percent of the faithful performance bond shall
be retained as a warranty bond for the one year warranty period. The Notice of Completion will
not be filed until punch list work is completed.
Add the following subsection:
6-8.1 Nonconforming Work
The Contractor shall remove and replace any work not conforming to the plans or specifications
upon written order by the Engineer. Any cost caused by reason of this nonconforming work
shall be borne by the Contractor.
Delete subsection 6-9 and replace with the following:
6-9 Liquidated Damages
Failure of the Contractor to complete the work within the time allowed will result in damages
being sustained by the Agency. Such damages are, and will continue to be, impracticable,and
extremely difficult to determine. Therefore, if the completion date is not met, the Contractor will
be assessed _the sum of $250 per day for each day beyond the completion date as liquidated
damages tor the delay. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
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SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR
To subsection 7-3, add the following:
All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at
least A-:V and are authorized to conduct business in the state of California and are listed in the
official publication of the Department of Insurance of the State of California.
To subsection 7-4, add the following:
All insurance is to be placed with insurers that are authorized to conduct business in the state
of California and are listed in the official publication of the Department of Insurance of the State
of California. Policies issued by the State Compensation Fund meet the requirement for
workers' compensation insurance.
To subsection 7-5, add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
To subsection 7-8.1, add the following:
If the Engineer determines that clean-up or dust control is required on the project, the
Contractor shall provide it without regard to time of day, day of week, Contractor holiday, City
holiday, or legal holiday.
To subsection 7-8.5, add the following:
The Contractor shall obtain a temporary water meter from the appropriate water authority to
record the amount of water used for the construction of this project. The Contractor shall not
draw water from any source that is not metered. The cost of the meter and water is incidental
to the work and the Contractor shall not be entitled to any additional compensation for the meter
rental/deposit or water.
Add the following subsection:
7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with mufflers in good
repair when in use on the project with special attention to City Noise Control Ordinance No. ·
3109, Carlsbad Municipal Code, Chapter 8.48.
Delete subsection 7-10.2 and replace with the following:
7-10.2 Storage of Equipment and Materials in Public Streets
Material shall not be stored in public streets. Equipment may be parked in the lane temporarily
closed to traffic. All equipment shall be removed from the site the day the project is completed.
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SECTION 8 -FACILITIES FOR AGENCY PERSONNEL
Delete this section .
SECTION 9-MEASUREMENT AND PAYMENT
To subsection 9-3.2, make the following modification:
Delete the second sentence of the third paragraph having to do with reductions in amount of
retention.
1/29/96
SPECIAL PROVISIONS
11. MODIFICATIONS TO PART 2 OF THE
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
SECTION 200 -ROCK MATERIALS
Delete Table 200-1.2(9) and replace with the following:
••• 'll:ST.METHPP•••NO.·•••·•• f•.•·ReQ.UIREMENTS !:••
Percentage Wear
100 Revolutions
500 Revolutions
Specific Gravity
ASTM C131
ASTM C127
SECTION 203 -BITUMINOUS MATERIALS
Delete Subsection 203-1.3 and replace with the following:
203-1 .3 Test Reports and Certification
5 Max
20 Max
2.65
47
The Contractor shall store at the site where the asphalt and rubber are to be blended, a quantity
of asphalt sufficient to complete the asphalt rubber chip seal in Phase I. The Contractor shall
notify the Engineer of asphalt deliveries to the mixing site a minimum of fifteen (15) days in
advance. The Contractor shall have the total amount of asphalt required to complete Phase I
delivered to the mixing site in one (1) working day. If the total amount of asphalt is not delivered
to the mixing site in one (1) working day, the Contractor shall pay to the City the cost of keeping
a sampling technician at the mixing site for all time in excess of one (1) working day. The City's
sampling technician shall take two samples from each tank of asphalt delivered to the mixing
site. One sample from each delivery will be combined and analyzed. The Contractor shall not
begin mixing asphalt and crumb rubber until the results of the asphalt analysis is approved by
the Engineer. If the asphalt fails to meet the requirements of Table 203-1.2(A), the Contractor
may, at its expense, have the second batch of asphalt samples tested at the City's lab. If the
results of the second analysis do not meet the requirements of Table 203-1.2(A), the asphalt will
be rejected and removed at the Contractor's expense. A new source of asphalt shall be found
and the testing procedure repeated. Once an asphalt source is approved, testing of additional
deliveries from the same source may be waived by the Engineer.
Delete Subsection 203-1.5 and replace with the. following:
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203-1.5 Distributing Equipment I
Distributing equipment shall meet the requirements of Subsection 203-2.5 and Subsection 1 600-2.4(4).
Delete Subsection 203-1.6 and replace with the following:
203-1.6 Measurement and Payment
Payment for asphalt shall be included in the unit price bid for "Asphalt Rubber Chip Seal".
Delete subsection 203-2.5, and replace with the following:
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203-2.5 Distributing Equipment
Distributors shall be of the pressure type with insulated tanks and shall be equipped with the
following:
1) A tachometer of the auxiliary wheel type which registers speed in feet per minute.
2) A hose and nozzle attachment to be used for areas inaccessible to the spray bar.
Distributors and booster tanks shall be so maintained as to prevent dripping of asphalt rubber
from any part of the equipment. Spray bars shall have a minimum length of 9 feet. Spray bars
and extensions shall be the full circulating type and be adjustable to permit varying height above
the surface to be treated.
The nozzles attached to the bar shall be either conical or flat slotted. The distance
center-to-center shall not exceed 6 inches. The valves which control the flow from nozzles shall
be of a positive acting design so as to provide a uniform unbroken spread of asphalt. Valves
shall be operated so that all may be simultaneously opened or closed. Each valve shall be
capable of similar independent control.
The engineer shall be the sole judge as to the performance of the spraying equipment. If, in
the engineer's judgment, the spraying equipment is not applying the asphalt rubber mix
uniformly, spraying operations shall cease. The contractor shall then make repairs and/or
adjustments to the spraying equipment and perform another rate of application test as specified
in Subsection 600-2.7.4 before applying additional asphalt rubber. The contractor shall not be
entitled to any additional compensation if the engineer orders a halt to spraying operations due
to defective spraying equipment.
1/29/96
SPECIAL PROVISIONS
Ill. MODIFICATIONS TO PART 3 OF THE
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
SECTION 310 -PAINTING
Delete Subsection 310-5.6.1, and replace with the following:
310-5.6.1 General
49
The contractor shall provide all striping and pavement markers as shown on the plans. The
standard specifications for this work shall be Chapters 84 and 85 of the Caltrans Standard
Specifications 1992 edition, as modified by these special provisions.
Delete Subsection 84-2
Delete Subsection 84-3.02, and replace with the following:
84-3.02 Materials
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Paint for traffic stripes and pavement markings shall be rapid dry water borne and conform to I
State Specification No. 8010-91 D-30. Glass beads shall conform to Caltrans Specification No.
8010-11 E-22, Type II. Thinning of paint will not be permitted. Paint shall be supplied by 1 manufacturers that have been approved by Caltrans.
To Subsection 84-3.05, add the following:
When Phase II is completed, and before removing Phase II traffic control, the contractor shall
complete the striping between the number 1 and number 2 lanes within 24 hours. Pavement
markers shall be placed as specified in subsection 85-1.06.
Delete Subsection 84-3.07 and replace with the following:
84-3.07 Payment
Compensation for providing pavement striping is included in the lump sum bid item for striping
and pavement markings. The lump sum payment shall include full compensation for furnishing
all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in
painting traffic stripes including establishing alignment for stripes and layout work. Payment for
sandblasting shall be included in the lump sum price for striping and pavement markings.
Delete Subsection 85-1.09 and replace with the following:
85-1.09 Payment
Compensation for installing pavement markers is included in the lump sum bid item for striping
and pavement markings. The lump sum payment shall include full compensation for furnishing
all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in
placing pavement markers including layout work.
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SPECIAL PROVISIONS
VI. MODIFICATIONS TO PART 6 OF THE
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
Delete subsection 600-1.2 and replace with the following:
600-1.2 Mix Design and Certifications
50
The Contractor shall store at the mixing site a sufficient quantity of crumb rubber and natural
rubber to complete the asphalt rubber chip seal under this contract. All crumb rubber shipped
to the mixing site shall meet the requirements of subsection 600-2.2.2, Table 600-2.2.2(A) and
the gradation in Table 600-2.2.S(A). All natural rubber shipped to the mixing site shall meet the
requirements of Table 600-2.2.2(8). The manufacturer of the rubber products shall certify, in
writing, that the tests required by this subsection were performed on a representative ·sample
of the rubber that has been shipped for use on this project. The certified test results shall
accompany the rubber shipment. If the crumb rubber or the natural rubber fails_ to meet the
requirements of the specified tests, or if the test results are incomplete, the material shall be
removed from the mixing site at the Contractor's expense and new rubber brought in. The new
rubber shall be tested as stated above.
Within ten (10) days of bid opening, the Contractor shall inform the Engineer of the source of
aggregate to be used for this project. The City shall test the aggregate for conformance with
Table 200-1.2(8) of these special provisions. If the aggregate fails to meet specifications, the
Contractor shall find a new source of aggregate and notify the Engineer. The project shall not
be scheduled to begin until the source of aggregate is approved by the Engineer. The
Contractor is advised that the aggregate in San Diego County will not meet th~ required
specification. A suggested source of aggregate is Chandler Aggregate, Inc., Corona, California,
(909) 277-911 0
Delete subsection 600-2.2.1 and replace with the following:
600-2.2.1 PAVING ASPHALT
The asphalt to be used for the asphalt rubber compound shall be grade AR4000 conforming to
subsection 203-1.
Delete subsection 600-2.2.3.
Delete subsection 600-2.3.2 and replace with the following:
600-2.3.2 Type B Asphalt Rubber. Shall consist of the following:
1) Paving asphalt as specified in subsection SOC 2.2.1, crumb rubber modifier (CRM) and
asphalt rubber modifier as specified in subsection 600-2.2.5.
2) The amount of modifier added to the asphalt shall be 1 % to 6% of the volume of the
aspha.lt and shall be set by the Contractor. The Contractor shall inform the Engineer of the
percentage of modifier to be used before blending begins and shall use the stated
percentage of modifier iri all the asphalt rubber blended for this project.
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3) The proportions of the two materials, by weight, shall be 80± 2 percent paving asphalt with
modifier, and 20± 2 percent CRM. The CRM shall contain a minimum of 75 percent ± 2
percent crumb rubber derived from whole scrap tire rubber with the balance of the crumb
rubber obtained from natural rubber sources conforming to Table 600-2.2.2(6).
The temperature of the blended asphalt and modifier shall be between 375° F and 450° F before
being pumped into the asphalt and crumb rubber mechanical olender. The mechanical blender
shall meet the requirements of subsection 600-2.4(2). The combined asphalt and crumb rubber
mixture shall be pumped into a storage/reaction tank meeting the requirements of subsection
600-2.4(3). The combined materials shall react for a minimum period of 30 minutes at a
temperature between 325° and 425°. Asphalt rubber for this project shall be used the day it
is blended. Reheating of asphalt rubber shall not be permitted. Asphalt rubber blended by the
Contractor and not used the same day shall be disposed of by the Contractor at no additional
cost to the City. The Contractor shall ensure the correct proportions of asphalt with modifier and
crumb rubber by feeding a fixed weight of crumb rubber into the mechanical blender along with
the required amount of asphalt with modifier. The amount of asphalt with modifier shall be
measured by a flow meter that reads in gallons. The accuracy of the flow meter shall be verified
by the Engineer before mixing of asphalt rubber begins. The Contractor shall supply a clean
empty tank at the mixing site of a known volume (minimum 100 gallons). Aspl'lalt with modifier
shall be pumped into the tank through the flow meter. The reading on the flow meter shall
agree within ± 1 % of the volume in the tank. If not, the flow meter shall be re-calibrated and the
verification test performed again.
The Contractor shall inform the Engineer of the specific weight of asphalt with modifier before
mixing begins. The stated specific weight shall be used to verify that the correct volume of
asphalt with modifier is mixed with a given weight of crumb rubber and shall not vary during the
project.
Delete subsections 600-2.7.2 and replace with the following:
600-2.7.2 General
The asphalt rubber chip seal shall be applied in two phases over the area delineated on the
· plans. Phase I shall consist of applying an asphalt rubber chip seal to the east and westbound
number two (outside) lanes. Phase II shall consist of applying an asphalt rubber chip seal to
the east and westbound number one (inside) lanes. Manholes, valves, survey monuments or
miscellaneous frames and covers shall not receive an asphalt rubber chip seal. If any frame or
cover is sealed, it shall be cleaned to the satisfaction of the engineer. No work shall begin in
Phase II until all cleaning work is completed in Phase I.
Delete subsection 600-2.7.3 and replace with the following:
600-2. 7 .3 Pavement Preparation
The Contractor shall set up Phase I traffic control and then remove all raised pavement markers
in the area to receive the asphalt rubber chip seal. The area shall be completely swept and
washed to the satisfaction of the engineer the day before applying the asphalt rubber chip seal.
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Delete subsection 600-2.7.4 and replace with the following:
600-2.7.4 Asphalt -Rubber Construction
Asphalt rubber shall be placed upon a clean, dry surface. If, in the opinion of the engineer, the
roadway surface is dirty or damp, the Contractor shall clean the dirty locations and allow the
damp areas to dry. This work is in addition to the cleaning performed the previous day by the
Contractor and does not entitle the Contractor to any additional compensation. It shall be the
responsibility of the Contractor to ensure that sources of water are controlled to prevent the road
surface from becoming wet. This includes contacting the owners of irrigation systems to have
the systems turned off immediately before and during the surfacing process. The pavement
surface temperature shall be a minimum of 55°F in shaded areas; the atmospheric temperature
shall be a minimum of 60°F; the wind shall not be blowing strongly enough to adversely affect
spraying operations; and the aggregate spreader shall be in place with an aggregate truck
attached before asphalt rubber placement shall begin. Asphalt rubber shall be applied by
distributor equipment meeting the requirements of Section 600-2.4(4) and the following:
1) The distributor truck shall have a platform on the rear of the vehicle and an observer shall
ride on the platform.
2)
3)
The observer shall ride in a position so that all spray bar tips are in full view and readily
accessible for unplugging if a plugged tip should occur. The observer shall have no
other duties while the asphalt rubber is being applied and shall be able to directly
communicate with the driver of the distributor truck.
Asphalt rubber shall be applied at a rate between 0.60 to 0.65 gallons per square yard.
4) Before applying the asphalt rubber to intersections, the distributor truck shall stop and
wait for the aggregate spreader. Once the aggregate spreader is immediately behind the
distributor truck, the distributor truck may proceed through the intersection. A flagperson
shall be stationed at the intersection to prevent vehicles from crossing the intersection
until the aggregate is spread and rolled, as specified in Section 600-2.7.5. In no event
shall the distributor truck apply more rubber asphalt than can be covered with aggregate
within 2 minutes.
Verification of the rate of application of the asphalt rubber mix shall be required. The use of a
flow meter will not be an acceptable method for determining the rate of application of asphalt
rubber. The Contractor shall provide a sufficient number of pieces of 1/4 inch plywood cut to
an exact area of 0.5 square yards and a scale capable of weighing the plywood and asphalt
rubber to the nearest half pound. The accuracy of the scale shall be verified on site by a scale
mechanic the day of the test. The scale mechanic shall be licensed by the State of California.
A test spray shall be made with the distributor truck moving at a constant rate of speed. The ·
test area sprayed shall be no larger than the minimum area necessary to uniformly spray the
piece of plywood. Spraying of asphalt rubber shall not commence until the piece of plywood
is ·.,eighed and the correct application rate is verified. If the application rate is not within
specified limits the spraying equipment on the distributor truck shall be adjusted and another
test performed. The costs of this test and necessary retests shall be the responsibility of the
Contractor. The Engineer will not be responsible for any additional costs to the Contractor due
to delays caused by verifying the application rate of asphalt rubber. The Contractor may
propose to the Engineer an alternative method of verifying the rate of application of asphalt
rubber. If rejected by the Engineer, the Contractor shall perform the test outlined in this section .
1/29/96
53
When applying asphalt-rubber that abuts areas with cover aggregate, the joint shall be cleaned
of loose aggregate prior to the application of asphalt rubber. Power sweeping shall not be
permitted. At transverse joints, the Contractor shall employ a method that produces straight
joint lines with no overlapping of asphalt rubber on the aggregate. All longitudinal joints shall
be constructed by overlapping the application of the asphalt rubber no more than 4 inches onto
the existing aggregate. Aggregate in the overlapping area shall not be rolled and shall be
removed as quickly as possible. When the work is complete, the overlap area shall be
indistinguishable from the asphalt rubber chip seal as a whole. If, in the opinion of the Engineer,
the overlap area stands out (e.g., gives the appearance of a stripe) the Contractor shall repair
the overlap area to the satisfaction of the Engineer. The repair method used by the Contractor
shall not damage the adjacent work.
The asphalt rubber shall be applied µniformly over the entire A. C. surface up to the lip of gutter
and/or face of curb. Any asphalt rubber applied to, spilled, or splattered on the concrete gutter,
curb or sidewalk shall be cleaned to the satisfaction of the engineer. No work will be permitted
to begin in Phase II until concrete clean-up in Phase I is completed.
Delete subsection 600-2.7.5 and replace with the following:
600-2.7.5 Cover Aggregate
Aggregate screenings shall be applied at a minimum temperature of 260°F and the Contractor
shall have a functioning infrared temperature sensing instrument at the project site for use by
the Engineer. Aggregate screenings shall be spread within two (2} minutes after the application
of asphalt rubber at a minimum rate of 30 pounds per square yard. It shall be the responsibility
of the Contractor to ensure that the asphalt rubber is adequately covered with aggregate
screenings. Incomplete coverage of the asphalt rubber with aggregate screenings shall be
cause for rejection of the work.
When spreading aggregate during Phase I operations, the Contractor shall not permit any
screenings to encroach into the number one traffic lane. If the Contractor, by its action or
inaction, permits screenings to encroach into the active traffic lane, the spreading of screenings
and the applying of asphalt rubber shall be stopped by the Engineer until the Engineer is
satisfied the screenings can be spread without encroaching into the active traffic lane. The
Contractor will not be entitled to any compensation for delay if the Engineer halts the
Contractor's aggregate spreading operation due to unsatisfactory performance.
After the screenings have been spread, all piles and ridges shall be removed by hand. This
shall be accomplished by having a minimum of two laborers walk behind the aggregate
spreader to remove the piles and ridges. No other tasks will be assigned to these laborers while
screenings are being spread.
Initial rolling shall commence within ninety (90) seconds after the screenings are placed. The
compaction of the screenings shall be accomplished by a minimum of three self-propelled
pneumatic rollers meeting the requirements of Section 302-5.6.1 (4), except that tires shall be
inflated to 100 psi and the minimum operating weight of each roller shall be 20,000 pounds.
The rollers shall operate at a maximum speed of 5 miles per hour to prevent the "throwing11 of
loose aggregate into the adjacent traffic lane. The screenings shall be rolled until the engineer
is satisfied the screenings are firmly embedded in the asphalt rubber but in no event shall the
number of complete passes by the rollers be fewer than three. Designated intersections shall
remain open to traffic until the Contractor applies the asphalt rubber. The Contractor shall close
the intersection, apply the asphalt rubber and aggregate, roll the aggregate, and re-open the
1/29/96
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intersection to traffic within ten (1 O) minutes. A flag person shall be stationed at the closed
intersection to prevent vehicles from crossing over the screenings. The Contractor shall have
no more than one (1) intersection closed at any time .
Removal of excess aggregate shall be accomplished by the use of vacuum trucks. Power
brooms shall not be permitted. The first vacuuming shall occur no sooner than 4 hours after
the completion of rolling operations. A second vacuuming shall take place after the first
vacuuming is completed. Additional vacuuming shall be performed until the engineer is satisfied
that the treated portion of the roadway is ready for traffic. No work shall begin in Phase II until
Phase I is ready for traffic.
The Contractor shall be responsible for removing loose aggregate from the traveled way for a
period of one (1) week after traffic has been restored. If additional loose aggregate removal is
requiret;t, the Contractor shall set up Phase I or II traffic control and re-vacuum the closed lanes.
Wrthin 24 hours after placement of the screenings in Phase I, the Contractor shall also start
removing loose aggregate from parkways, sidewalks, and intersecting streets. These areas shall
be cleaned of any and all loose aggregate prior to any work commencing in Phase II. The
excess screenings shall not be used in Phase II and shall be disposed of by the Contractor.
The completed surface shall present a uniform appearance and shall be thoroughly compacted
and free from ruts, lumps, depressions, or irregularities due to an uneven distribution of asphalt
rubber or screenings. Treated areas that are unacceptable to the engineer shall be completely
removed and retreated by the Contractor at no additional charge to the City. All areas in
Phase I shall be repaired before Phase II is permitted to proceed.
Delete subsection 600-2.7.6 and replace with the following:
600-2.7.6 Public Convenience and Traffic Control
The Contractor shall set up and maintain the traffic control system as shown ·on the plans.
Although parking is not permitted on Alga Road, the Contractor shall place temporary •No
Parking/Tow Away• signs at a maximum spacing of 100 feet, 72 hours before the start of
construction. The Contractor shall notify the Police Department at 931-2197 when the signs are
posted.
Traffic control is required 24 hours a day. Should the Contractor fail to maintain traffic control
as shown on the plans, the engineer may correct the deficiencies and withhold from the
Contractor's payment the City's cost of providing said service.
The Contractor is advised that there are several on going construction projects in the area of
the project. The Contractor shall ensure that these projects have no activities scheduled which
may damage the asphalt rubber chip seal during application. The Contractor's attention is
directed to subsection 9-3.1 of the Standard Specifications which requires the Contractor to
repair, at no cost to the City, any damage prior to acceptance. Additionally, the Contractor is
hereby notified that City approval to proceed with Phase II does not constitute acceptance c:A
the asphalt rubber chip seal in Phase I.
1/29/96
---------------------------------------------------------------------•--------■----•u .... a111 --.
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NOTES:
t. WORK HOUFIS R!S'IRICTEO TO 7:00 AM TO 5:30 PII UtUSS
OTIOWSE APPRO\IEO 8'1' TiiE ENGINEER.
2. TEMPORARY "NO PAIIC!Nlt SIGNS '1IJ.. 9E POS1ED HlC)' 0.C. MAX. n Ht\lRS PRIOR TO CCIII00NG WCRI<. CM.I. CARLSBAD POI.IC[
DISPATCH AT 931-2197 TO VAl.l)Alt POSTING.
J. ACa:SS Will. BE YAINTAINED TO ALL DRM:WI\YS UN.ESS 01}0
ARRAHGOIENTS ARE MADE.
'· 1RAf'F'IC SIIJW. LO(fl D£1ECTORS Ill B[ REPI.ACtD IY 1HE ~lRACTQR
111111N 24 HWRS IF OMIAG(I).
5. 11.ACCERS 9fAU. BE EWPPEO •TH AH ORANGE: \CT MJ A C28 "Srrt! /'!i.fJII' Pm.E.
6. AU. lRAmC CONlRQ. 0EW:ES MUST BE IIANTM«D 24 HOUIS A DAY.
7 DAYS P£R WED<, 8'I' 1HE C0N1TUCTCR.
7. All 1IWflC CXlN1ROL DE't'ICtS SHAU. at R8l0YEO FRCII \'l£W WHEN NOT
IN USE.
8. fl€ CITY E'.NQNEER .OR MS Rf.7RESENTA1l\lE HAS THE AUDGITY TO
INlllA lE F£l.D Qli'MG(S TO lt&iRE PUBUC SNtTY.
LEGEND:
◄ . SICK AS MOTID
•.: 48° DOU8I.E IEIUC'l'OIIZED DIUNEA10R 3&' O.C. UN1IS9 OTHERIISI JmlD
++t TYPE m Bo\RRlaDI:
»? PLASHJNG ARRO'f SICK TYPE U
~ wars OP PHAS I
0 ~
~ eta~ T ! -X
i " . z
.:•,q .. .,.,.,
.,
NOT TO SCALE
55
ALGA ROAD
TRAFFIC CONTROL PLAN
PHASE 1
PAGE ·1 OF 5
'-----------------------------------------~---;.,;.•
NOT TO SCALE
DELlNEATDRS 5' O.C. TYP. ALL INTERSECTIONS
LEGEND:
~ SIGN AS NOTED
DEIJNEATORS 5' O.C. TYP. ALL INTERSECTIONS
• 48" DOUBLE REFLECTORIZED DEIJNEATOR 35' O.C. UNLESS OTHERWISE NOTED
H+ TYPE III BARRICADE
~ FLASHING ARROW SIGN TYPE II
ESSS IJMITS OF PHASE I
56
C!B
NOT TO SCALE
ALGA ROAD
TRAFFIC CONTROL PLAN
PHASE 1
PAGE 2 OF 5
j I
l.,J
l.&.I (/)
NOT TO SCALE
LEGEND:
; SICH AS H01ED
• 41' DOU1U mucTORIZID DIUIW10R 35• 0.C. UIU'SS OTHEIIISI MOTIO
TYPE m BARIIICAD£
57
NOT TO SCALE
-ALQA ROAD_
TRAFFIC CONTROL PLAN
,.__ ________________________________ _
PHASE 1 -
LL, ---------------~--LDUIS-OF_PHASl ___ 1 --------------..._..._..._..._..._..._..._..._..._..._..._..._..._..._-_-____ -____ :-__ :-___ ~----=-----=--=--=~-P~A~G~E--=-3:_:0_:F_::5=:
PUSHllfC ARJIOW SICN 1'YPB D
,;,..
' .
i
Ct
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L LEGEND:
➔ SIGN AS IIOTID
NOT TO SCALE ·
' ~ -·
58
NOT TO SCALE
L("'· • · 4' D0UU RIFLICl'0RIZID DIUNIA!OR 35• o.c. UJlllSS OTHDIISI NO'IID ALGA ROAD
+++ rm m BARRICADE 1 TRAFFIC CONTROL PLAN
, ~ f'LASHINC AIII01J SIC1I TYPt II PHASE 1
j l ~ ....,. ., ..... 1 PAGE 4 OF 5 ~-~----.-------------------------------
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LEGEND:
◄ SIGN Al tlOIID
• ~ DOUBLl Rlf'UCTOIJZID DIUIIIATOR 31' O.C. UNUSS OTHIRWISI lfOTID
++4 ffPI m IWIIIICADE
~ 1tAS111NG AJIIOW SlClf TYPI D
~ Ulffl flt PRm I
NOT TO SCALE
• . •· . . . ---~ ~-;;;·;;·· ;;· ;:;;;;;;;;;=·-----~---~ -=-~ ~
• •
--.
NOl TO SCALE
59
==
ALGA ROAD
TRAFFIC CONTROL PLAN
PHASE 1
PAGE 5 OF 5
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NOTES:
1. l0RIC HOURS RESlllitltD TO 7:00 AM lO .5i:JO PM UNL£SS
OKR'MSE APPftO't{D BY THE ENQNEER.
2. TDIPORARY "NO PARKING" SICNS 11U. 8E POS1ED 100' O.C. MAX.
72 HOURS PRIOR TO CCMMDICING wall<. CM.l. CARlSBAD P0UC£
[lSPATOt AT 9J1-2'97 TO VAU0AT£ POS1WG.
J. ACCESS ll.l BE MAINTAINEO TO AU. DRI\OA'YS UNlESS OTHER
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