HomeMy WebLinkAboutCAMINO IRVINE COMPANY; 1996-03-12;CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1
Project: #2411, DOWNTOWN SIDEWALK REPAIR
Date Routed:
Engineering Inspection
City Engineer
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Reason for change:
Item 1:
Item 2:
Existing sidewalk to be removed was poured monolithic with curb and
gutter and therefore additional curb required removal.
The contract did not provide for a pay item for replacing asphalt behind
new driveways and in roadway at new gutter.
COST ACCOUNTING:
Original contract amount .................................................................... $ 22,883.00
Total amount this c/o ........................................................................ $ 3,675.00
Total amount of previous c/o's ........................................................... $ 0
Total c/o's to date .............................................................................. $ 3,675.00
New Contract Amount ........................................................................ $ 26,558.00
Total c/o's as% of original contract.. ........................................................... 16.1 %
CITY OF CARLSBAD
PROJECT: # 2411 -Downtown Sidewalk Repair
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. 2411 P.O. NO. __ ACCOUNT NO. 152-820-5110-2411
CONTRACTOR: CAMINO IRVINE COMPANY
ADDRESS: 2117 Via Gavilan
San Clemente CA 92673
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 subsection 3-2.2.3, Agreed Prices, SSPWC, 1994, perform the following:
Item 1 Remove and replace existing curb and gutter; 67 LF@ $25.00/LF =
$1,675.00.
Increase to contract cost.. ................................................... $1,675.00 ·
Pursuant to subsection 3-3 Extra Work, SSPWC, 1994, perform the following as directed by
the Engineer:
Item 2 Remove and replace asphalt a minimum of 3" behind driveways and
minimum 4" in street.
Estimated Increase to contract cost ....................................... $2,000.00
TOTAL ESTIMATED INCREASE TO CONTRACT COST ............................ $3,675.00
Downtown Sidewalk Repair
Change Order No. 1
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY: APPROVED BY:
(-7-fr,
' PRINCIPAL INSPECTOR (DATE) CONTRACTOR (DATE)
(DATE) ~~ATE)
(DATE)
~~~ b/1?h1o
F ANGE DIRECTOR (DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING (W/P.O. CHANGE ORDER)
FINANCE
CONTRACTOR
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CITY OF CARLSBAD
San Diego County
California
OPEN MARKET
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
DOWNTOWN SIDEWALK REPAIR
CONTRACT NO. 2411
8/1/95
TABLE OF CONTENTS
Item Page
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
CONTRACTOR'S PROPOSAL ........................................... 4
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY.......... . . . . . . . . . . . . 11
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE.... . . . . . . . . . . 12
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID ........................ ·. . . . . . . . 13
CONTRACT-PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
RELEASE FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
SPECIAL PROVISIONS
I. MODIFICATIONS TO PART 1 OF THE STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION ...... · . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2. MODIFICATIONS TO PART 2 OF THE STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION METHODS . . . . . . 36
2. MODIFICATIONS TO PART 3 OF THE STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION METHODS . . . . . . 37
8/1/95
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Village Drive (formerlv Elm Avenue), Carlsbad, California, until 5:00 P.M. on the 27th day
of FEBRUAR , 19----2.§., for performing the work as follows:
DOWNTOWN SIDEWALK REPAIR
OPEN MARKET CONTRACT NO. 2411
The work shall be performed in strict conformity with the specifications on file with the
Engineering Department. The specifications for the work include the Standard Specifications of
Public Works Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter
designated "SSPWG', 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.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department.
The documents which must be completed, properly executed, and notarized are:
1. Contractor's Proposal
2. Non-Collusion Affidavit
3. Designation of Subcontractors
4. Amount of Subcontractors Bids
6. Bidder's Statement of Technical Ability and
Experience
7. The Open Market Contract-Public Works
8. Purchasing Department Representation and
Certification 5. Bidder's Statement of Financial
Responsibility 9. Escrow Agreement for Security Deposits (optional)
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are
approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate
is $21,500.
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; C10 in accordance with the provisions of state law.
A City of Carlsbad Business License is required for all contractors and sub contractors.
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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 $7.00 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 authorized 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.
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.
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
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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
meeting the above standards with the exception that the Best's rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
BY SUBMITTING A BID YOU ARE INDICATING THAT YOU ARE CAPABLE OF-AND WILLING
TO OBTAIN INSURANCE THAT MEETS THESE REQUIREMENTS. WORK ON THIS PROJECT
WILL NOT BEGIN UNTIL THE SUCCESSFUL BIDDER HAS SUBMITTED PROOF THAT THE
PROPER INSURANCE HAS BEEN OBTAINED. PROOF OF PROPER INSURANCE MUST BE
RECEIVED BY THE CITY WITHIN 20 BUSINESS DAYS OF NOTIFICATION OF AWARD, OR
AWARD MAY BE WITHDRAWN.
Feb r ua r y 7t h, 1996
Date
8/1 /95
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
CITY OF CARLSBAD
OPEN MARKET
DOWNTOWN SIDEWALK REPAIR
CONTRACT NO. 2411
CONTRACTOR'S PROPOSAL
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The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Open Market Contract No. 2411 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~Ll Total . --l,v . .. ·3 1/ /(pS-2_ r' 1 472 LF
Dollars per Linear Foot 5u~ Co
2 R~ov~~'v'Jc!em at 2,088 FT2 ;oY-YO -
hi,,1~1 ,a
Dollars per Square Foot yu', , 4
3 R t Removal at ({,bf\-\ 250 FT2 I l1.,1J "
· ·5lkl"'--l1W/ '
,/
Dollars per Square Foot LA.! Y0Y7°~ :5 1/ 4 4" PCC Sidewalks per 1,549 FT2
s~gjia~?ulf.ae4~0
Dollars per Square Foot ro(.~, (;v
2✓2-'f-Y -5 7-1/2" PCC Sidewalk per 374 FT2
SD~SD G-7 at 1}a lj Y x n, rl_)(l/v
Dollars per Square Foot ~ rG
l<.•
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7) _, /
Dollars Each
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Approximate
Item Quantity Unit
No. Description and Unit Price Total
7 2EA ~,
I )~) l-u_,,,-
8
9
10
11
Remove Tim,bers . _ /
h~U,lN2M-/?4 . ''j) /2 ,;y )
Dollars (Lump Sum)
R~i:nove Ts:olde,-1 U1·\Q /r y; J'\C¥((
Dollars (Lump Sum)
Remove Existing Planter, Trim
Roots & Construct New Redwood
Tree_ Box ?'L x 7/W x 1 'H ~
~~/J/1 l,rs,t& , ?Cl -~.
Dollars (Lump Sum)
Tol)lfaf /Jdfauv-J
LS
Cu
LS I l,,O -
LS
1 YD3
(.t..,
S----' i-' -u
Dollars per Cubic Yard J.. L~ ·
Total amount of bid in words '/ /Nt?nP[lv'@( /(/_,4.f-Jl/vJf} C/~~"-011.,{v/
Total amount of bid in numbers: $ •Z, 2,, ':: z? 'J (___SJS/4,/21 /1~,
Price(s) given above are firm for 90 days after date of bid opening. fl e,i/afl;b
Addendum(a) No(s). ( fi~have been received a~/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 [applicable only if checked] and insurance polices within twenty (20) days
from the date of award of contract by the City the City may, at its discretion withdraw the award
[ ] and the proceeds of the check or bond accompanying this bid shall become the property
of the City of Carlsbad [applies if bonds checked above]." ~~ 8~~r ;.,~,,,;
~~e-cj
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The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or ac in the _papac· of~ c_~tractor within the State of Ca~a, validly licensed
under license nu er { -C-; J , classification v L±::: which 3 -i I , and that this statement is true and correct and has
Cf/3c/% J
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.
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.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR, SIGN l:fERE: ·
(1) Name under which business is conducted [''/411 I lvO _.......,'-----::::>"--.:~--==~'---------
(2) Signature (given and surname) of proprietor_-r_,.......a.~----,--------
(3) Place of Business 1/ I LJ ;
(Street and Number)
-_-+-C/+-
City and State:__--"'--.:....a...--==--...._..'---"'-"--"'~--'J/"""""' _12'-=-----+-------=-----
Telephone No. __ ...!-.J._'J~l..;.::1&l:;,,.;'11;;,,. 1....:3:::;_0~:,;,_2 __ _
8/1/95
STATE OF CALIFORNIA
COUNTY OF ORANGE
On 2-26-96
personally appeared
}
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, before me, Loyann L. Richards , --------------------
**Tim Crosby**
_____________________________ personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person ( s) whose name ( s) is/ are subscribed to the within instrument and
acknowledged that he/she/they executed the same in his/her/their
authorized capacity(ies) , and that by his/her/their signature(s) on the
instrument the person ( s) or the entity upon behalf of which-the
person(s) acted, executed the instrument.
This area for official notarial seal
Title of Document
Date of Document
Number of Pages
Signatures not acknowledged
City of Carlsbad Contract #2411 -Contractors ProposaJ
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IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted ---------------'---
(2) Signature (given and surname and character of partner) (Note: Signature must be made
by a general partner)
(3) Place of Business ________________ .,...-_______ _
(Street and Number)
City and State _________________________ _
(4) Zip Code ______ _ Telephone No. --------------
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted _______________ _
(2) ______________________ _
Signature
Title
Impress Corporate Seal here
(3) Incorporated under the laws of the State of __________ _
(4) Place of Business;;...._ _______________________ _
(Street and Number)
City and State:.,_ ________________ ---'---'-------
(5) Zip Code ______ _ Telephone No. _____________ _
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NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
~ p~~ership, list nam~eneral p~ers, and managing partners:
~ul12/lMf}~ ~----71tri Cf o ~a~ I -f}-_j_, ___ _
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DESIGNATION OF SUBCONTRACTORS
(To Accompany Proposal)
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The Contractor certifies he/she has used the sub-bids of the following listed Contractors in
making up his/her bid and that the sub-contractors listed will be used for the work for which they
bid, subject to the approval of the City Engineer, and in accordance with applicable provisions
of the specifications and Section 4100 et seq. of the Public Contracts Code-"Subletting and
Subcontracting Fair Practices Act." No changes may be made in these subcontractors except
upon the prior approval of the City Engineer of the City of Carlsbad. The following information
is required for each sub-contractor. Additional pages can be attached if required:
This project does not have bid items designated as "SPECIAL TY ITEMS.•
Items of
Work Full Company Name
Complete Address
with Zip Code
Phone No.
& Area Code
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AMOUNT OF SUBCONTRACTORS' BIDS
(To Accompany Proposal)
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The bidder is to provide the following information on the subbids of all the listed subcontractors
as part of the sealed bid submission. Additional pages can be attached, if required.
Full Company Name
Type of State
Contracting
License & No.
Carlsbad Business
License No.*
Amount of Bid
($or%)
* Licenses are renewable annually. If no valid license, indicate "NONE.• Valid license must be
obtained prior to submission of signed Contracts.
8/1/95
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
Bidder submits herewith a statement of financial responsibility. '
"CC ctUCt1~lcz17U2_ L£ l)r,1/l NC1 lwjj{'A
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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal}
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The Bidder is required to state what work of a similar character to that included in the proposed
h h rf I h b Contract he/s e as successfully pe ormed and give references, with te ep on~ ers, which
:!~~~able the Ctty ~i•;;ir;i;;· ;72;;?J~11"£"t can be
Date Name and Phone )mount
Contract Name and Address No. of Person Type of of
Completed of the Employer to Contract Work I Contract
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Tha ,.mdersi~ned aubmi ts herewith a statamant ot tho work ot 11.nilar
ohftraoter to thl-'t propoaed herain whi,,h he/eh$ has perforl\\ed and euooa,atully oompl•ted.
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State of California
County of
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
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·11 t1ri [fU) c; Tlvt , being first duly sworn, deposes
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(Name of Bidder) ,,,,,--
and says that he or she is ___ ___,(~_-,Ji"-'~"-V.=.../k..:.'....;;S:3-"-'----------'---------
(Title) •
C lM/J1 1 /LD TJ'vv, IV~ Ci) of ----------------------------------(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.
Subscribed and sworn to before me on the
(NOTARY SEAL)
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OPEN MARKET CONTRACT-PUBLIC WORKS
This agreement is made this 12 day of MARCH , 19..2§._, by and between the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and
_C_A_M_I_N_O_I_R_V_I_N_E_C_O_M_P_A_N_Y _____________ whose principal place of
business is 2117 VIA GAVI LAN, SAN CLEMENTE, CA 92673
(hereinafter called "Contractor''.)
City and Contractor agree as follows:
: i 1. Description of Work. Contractor shall perform all work specified in the Open Market
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Contract documents for:
DOWNTOWN SIDEWALK REPAIR
CONTRACT NO. 2411
(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 Open Market Contract
Documents.
3. Open Market Contract Documents. The Open Market Contract Documents consist of this
Contract, Notice Inviting Bids, Contractor's Proposal, Designation of Subcontractors,
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit,
Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, and
all proper amendments and changes made thereto in accordance with this Contract or the
Plans and Specifications, and all bonds for the project; all of which are incorporated herein
by this reference.
4.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work
as indicated, specified, and implied by the Open Market 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
Open Market 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.
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 as amended by the Special Provisions section of this contract.
The closure date for each monthly invoice will be the 30th of each month. Invoices from
the Contractor shall be submitted according to the required City format to the City's
assigned project manager no later than the 5th day of each month. Payments will be
delayed if invoices are received after the 5th of each month. The final retention amount
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shall not be released until the expiration of thirty-five (35) days following the recording of
the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to be set forth
in the 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 payment" 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 acknowledgement that no disputes of 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.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the
progress of the work, and is aware of those conditions. The Contract price includes
payment for all work that may be done by Contractor, whether anticipated or not, in order
to overcome underground conditions. Any information that may have been furnished to
Contractor by City about underground conditions or other job conditions is for Contractor's
convenience only, and City does not warrant that the conditions are as thus indicated.
Contractor is satisfied with all job conditions, including underground conditions and has not
relied on information furnished by City.
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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 delays in the completion of the work caused by acts of God,
stormy weather, extra work, or matters which the specifications expressly stipulate will be
borne by City.
7. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Material that Contractor believes may be material that is hazardous waste, as defined
in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class 11, 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 arid 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. Contractor shall make
no change in the work without the issuance of a written change order, and Contractor shall
not be entitled to compensation for any extra work performed unless the City has issued
a written change order designating in advance the amount of additional compensation to
be paid for the work. If a change order deletes any work, the Contract price shall be
reduced by a fair and reasonable amount. If the parties are unable to agree on the amount
of reduction, the work shall nevertheless proceed and the amount shall be determined by
litigation. The only person authorized to order changes or extra work is the Project
Manager. The written change order must be executed by the City Manager pursuant to
Carlsbad Municipal Code Section 3.28.172.
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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 has determined the general prevailing rate of per diem wages in
accordance with California Labor Code, Section 1773 and a copy of a schedule of said
general prevailing wage rates is on file in the office of the 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 bodily 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 insureds.
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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 manner.
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 and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional
insureds 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.
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 CANCELLATION-Each insurance policy required by this agreement shall
be endorsed to state that coverage shall not be 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. ·
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS-Any deductibles
or self-insured retention levels must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retention levels as respects the City, its officials and employees; or the
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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 requ ired 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, and are authorized to transact the
business of insurance by the Insurance Commissioner under the standards specified
in by the City Council in Resolution No. 91-403.
(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
(B)
(C)
asserted as part of the contract process as set forth in this agreement and not in
· anticipation of litigation or in conjunction with litigation .
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 .
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.
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(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 ~ce.
I have read and understand all provisions of Section 13 above.
· Initial
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 ACKNOWLEDGEMENT OF
EXECUTION BY ALL SIGNATORIES
MUST BE ATTACHED
(CORPORATE SEAL)
01i111vo~v1rlf<c <o
Contractor
Print Name of Signatory
Signature of Signatory
Title
CITY OF CARLSBAD, CALIFORNIA ~~
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STATE OF CALIFORNIA
COUNTY OF ORANGE
}
}
..
On March 18, 1996
personally appeared
, before me, __ D_arn_o_n_K_un_t_z_,_N_o_t_a_r.;;;.y_P_ub_l_i_· c ______ ,
**Tim Crosby**
___________________________ personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same in his/her/their
authorized capacity(ies) , and that by his/her/their signature(s) on the
instru...~ent the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature: __ ~--=~-~--_-_-_-_-_-_ ___,.;_ _____________ _
Title of Document
Date of Document
Number of Pages
This area for official notarial seal
Signatures not acknowledged:
i '
CAMINO IRVJ!NE CO
TlM . CROSBY .
2117 YlA. MYILAN SAN CUNQrli£ CA 92673
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. THIS IS TO CERTIFVTHATTHE_POUCIES OF INSURANCE LISTED W HAVE BEEN ISSUED TO l'HE INSUAEO NAMED ABOVE FO
INDIOATEO, NOlWITHSTANDINQ AtN REQUIREMENT, TERM OR ~P,IOftlON OF AtN CONTRACT OR WHER DOCUMENT WITH RES
CEJiflflCATE MAY SE ISSUEO OR MAY PERTAIN, THE INSUAANC AfFOROED BY THE POLICIES De8¢RIBED HEREIN IS SUBJECT
EXC.LUSlON& AND CONDITIONS OF SUCH. POLICIES. LIMrT$ SH . MAY HAVE BEEN REOUCEO &¥·PAID .CLAU.48.
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Al 29093462
NWC 34421700
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DATI! CUIIIDO.M) •· ""1Et1111/DQM')
04/01/96 )t,4/01/97
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02/27/96
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CITY OF tARLSBAD PURCHASING DEPARTMOO 1200 CARLSBAD VILLAGE DRIVE
CARLSBA~ CA 92008•1989
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· UMBER: A 1 29093462 COMMERCIAL GENERAL LIABILl1Y
IS ENDORSEMENT CHANGES THE POLICY, :PLEASE READ IT CAREFULLY. . ' ~
AODITION!I..:' INSURED-OWNERS, LESSEES OR
'.CONTRACTORS (FO~M B)
ement modifies insuronbe'. provided under the following:
·'
OMMERClAL GENERAL: U~.BIUTY PART, AND' COMMERCIAL AUTO
SCHEDULE
erson or Orgonizotion: . : '.,
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y understl)od ond ogr~ '.that the policy to which t~is Certificate \efers may not be canceled,
changed, nor the amount .bf coverage thereot reduced until thirty (30) days after receipt of
ice of cancel!aticn or re~uction in coverage by the tity Clerk of the City of Carlsbad. '-
nder this policy shall bei :primary ond noncontiibutirig with any other insurunce av,JiloblE; to the
lgbad," . . .
, appears above, inform~tion required to complete ~is endorsemelit will be shown in the
.s os appli:::oble to this endorsement.) · .. ·• ·
...
INSURED (Section H{is amended to include os on· insured \he . person or orgonizotion shown in
le, bul only with rcGpcct: tb iliobHily ori:;ing ou\ of "you~-work" for ihot insured by or for you.
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City of Carlsbad
Purchasing Department
Representation and Certification
The following representation and certification are to be completed, signed and returned with proposal.
REPRESENTATIONS: Mark all applicable blanks. This
offerer represents as part of this offer that the ownership,
operation and control of the business, in accordance with the
specific definitions listed below is:
(Check appropriate Ethnic Ownership Type)
ETHNICCODES( \ (< .'-1ALE/,,l,,FEMALE•·••
Caucasian V
Black
Hispanic
Asian-Pacific
Native-American
Asian-Indian
DEFINITIONS:
MINORllY BUSINESS ENTERPRISE: ''Minority Business" is
defined as a business, at least 51 percent of which is owned,
operated and controlled by minority group members, or in the
case of publicly owned businesses, at least 51 percent of
which is owned, operated and controlled by minority group
members. The Small Business Administration defines the
socially and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (i.e. American
Indian, Eskimos, Aleuts and Native 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, Cambodia and Taiwan).
CERTIFICATION:
I am currently certified b..__:.___ ___________ _
Certification#_: _______________ _
CERTIFICATION OF BUSINESS REPRESENTATION(S):
Mark all applicable blanks. This offerer represents as a part
of this offer that:
This firm is ____ , is not v~~ minority
business.
This firm is ____ , is not ____ a woman-
owned business.
WOMAN-OWNED BUSINESS: A woman-owned business 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.
The information furnished is certified to ~ fa;,tu~ and correct as of the date submitted. J Ct21211 NJ Ifv(J; ~ r_,o __ 7i.,___1_1,1_ .. -._C}lc_;i_TI_/7____.___I --
COMPANY NAM'7 / , /-"'-.11 , / /', _
·y;/) v1fr LJ1VJltU~ Ow/2 /1 NAME
~·~7J TITLE
DATE
8/1/95
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City of Carlsbad
■ Y· i #4 ,Gf.-i • ■I• I •24 ·hi;;, ,t§ ,,.
February 9, 1996
ADDENDUM NO. 1
BID/PROJECT NO.DOWNTOWN SIDEWALK REPAIR-CONTRACT NO. 2411
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
l ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
1200 Carlsbad Village Drive• Carlsbad, CA 92008-1989 • (619) 434-2803 • FAX (619) 434-1987
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
23
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose
address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and
whose -------------------------------address is -----------------------------hereinafter called "Contractor'' and ---------------------whose address ----------------------------is ---------------------------------hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
1. Pursuant to Section 22300 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 1 0 days of the deposit. The market value of the securities at the
time of the substitution shall be a least equal to the cash amount 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 payment terms shall be determined by the City, Contractor and Escrow
Agent.
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5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to the
City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from
City to the Escrow Agent that City consents to the withdrawal of the amount sought to be
withdrawn by Contractor.
7. The City s_hall 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 (4) to (6), inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agent's release, conversion and
disbursement of the securities and interest as set forth above.
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10. The names of the persons who are authorized to give written notices or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
For City: Title -----------------
Name ----------------
Signature ______________ _
Address ---------------
For Contractor: Title -----------------
Name ----------------
Signature ______________ _
Address ---------------
For Escrow Agent: 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: Title ----------------
Name ----------------
Signature _____________ _
Address ---------------
For Contractor: Title ----------------
Name ----------------
Signature _____________ _
Address ---------------
For Escrow Agent: Title ----------------
Name _______________ _
Signature _____________ _
Address ---------------
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED PRIOR TO APPROVAL OF MONTHLY PROGRESS
PAYMENTS.
NAME OF CONTRACTOR: -----------------------
PROJECT DESCRIPTION: -----------------------
PERIOD WORK PERFORMED: ----------------------
RETENTION AMOUNT FOR THIS PERIOD: $ ______ _
DISPUTED WORK/CLAIMS
DESCRIPTION OF DISPUTED WORK/CLAIM AMOUNT CLAIMED
(OR ESTIMATE)
Contractor further expressly waives and releases any claim Contractor may have, of whatever
type or nature, for the period specified which is not shown as disputed work/claim on this form.
This release and waiver has been made voluntarily by Contractor without any fraud, duress or
undue influence by any person or entity. Contractor is referred to paragraph 4 of the Public
Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government Code
Sections 12650-12655 and Carlsbad Municipal Code Section 3.32.025 to 3.32.028 implementing
the California False Claims Act and certifies that all claims submitted to the City shall be subject
to the provisions of said codes and regulations.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and work
due Subcontractors for the specified period will be paid according to Public Contract Code
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Section 20104.50 and Business and Professions Code Section 7108.5 and that the parties
signing below on behalf of Contractor have express authority to execute this release.
DATED: ______ _
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporation, etc.)
By:----------------
Title: ______________ _
By:----------------
Title: ______________ _
8/1/95
MODIFICATIONS TO PART 1 OF THE
STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS
To subsection 1-1 , add the following
A. Reference to Drawings:
29
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar import are
used, it shall be understood that reference is made to the plans accompanying these provisions,
unless stated otherwise.
B. Directions:
Where words "directed," "designated," "selected," or words of similar import are used, it shall be
understood that the direction, designation or selection of the Engineer is intended, unless stated
otherwise. The word "required" and words of similar import shall be understood to mean "as
required to properly complete the work as required and as approved by the City Engineer,•
unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent,• and such words of similar import are
used, it shall be understood such words are followed by the expression "in the opinion of the
Engineer," unless otherwise stated. Where the words "approved,• "approval," "acceptance," or
words of similar import are used, it shall be understood that the approval, acceptance, or similar
import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall
perform all operations, labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, 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 approved representative
8/1/95
30
SECTION 2 -SCOPE AND CONTROL OF THE WORK
To subsection 2-5.1, add the following:
The plans for this project consist of Page Nos. 38-43 and are attached hereto.
The standard drawings applicable to this project are the latest edition of the San Diego Area
Regional Standard Drawings, with City of Carlsbad modifications, hereinafter designated SDRS,
issued by the San Diego County Department of Public Works, and the City of Carlsbad
Supplemental Standard Drawings.
To subsection 2-6, add the following:
The work to be done consists of sidewalk removal and replacement, all as shown on the
attached 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 subsection 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.
Delete subsection 2-9.3 and replace with the following:
2-9.3 Survey Service
The Contractor shall provide all surveying necessary to complete the project according to the
plans and specifications. The cost of surveying shall be included in the applicable bid item.
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 fu lfill this Contract.
8/1/95
Delete subsection 4-1.4, and replace with the following:
4-1.4 Test of Material
31
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 Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved
by him before the delivery is started. All materials proposed for use may be inspected or tested
at any time during their preparation and use. If, after trial, it is found that sources of supply
which have been approved do not furnish a uniform product, or if the product from any source
proves unacceptable at any time, the Contractor. shall furnish approved 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
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.
Add the following subsection
6-2.1 Phasing of the Work
All sidewalk removed by the Contractor shall be replaced the next day. No sidewalk shall be
removed when the local weather forecast predicts a 70% or greater chance for rain the next day.
Work on the Bank of America driveway, the Jack in the Box driveway, and the driveway opposite
Beech Avenue shall be completed in two phases. The sidewalk in one half of the driveway shall
be removed and replaced in one phase. The contractor shall keep a minimum of one half of
all driveways open at all times.
Immediately after award of the project, the contractor shall contact Paul Aguilar at Pacific Bell,
phone number (619) 489-3642, to make arrangements for adjusting the Pacific Bell manhole on
Roosevelt Street.
8/1/95
Delete subsection 6-7.1 and replace with the following:
6-7.1 General
32
The Contractor shall begin work within fifteen (15) calendar days after receipt of the "Notice to
Proceed" and shall diligently prosecute the work to completion within fifteen (15) consecutive
working days after the date work begins.
To subsection 6-7.2, add the following:
Hours of work -Sawcutting, sidewalk removal and pouring new sidewalk shall be performed
between the hours of 6:00 a.m. and 10:00 a.m., Monday through Saturday. The Contractor will
be permitted to remove roots, make subgrade and set forms until 5:30 p.m. The Contractor
shall obtain the approval of the Engineer if the Contractor desires to work outside the hours
stated herein.
Contractor may work on Sundays and holidays only with 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 its expense.
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
difficult to determine. Therefore, if the completion date is not met, the Contractor will be
assessed the sum of $100 per day for each day beyond the completion date as liquidated
damages for the delay. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
8/1/95
33
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.
To subsection 7-10.1, add the following:
The Contractor shall prepare and submit traffic control plans for this project to the Engineer for
approval. No work shall begin until said plans are approved by the Engineer. The cost of
preparing traffic control plans and providing traffic control shall be included in the applicable bid
item.
8/1/95
Delete subsection 7-10.2 and replace with the following:
7-10.2 Storage of Equipment and Materials in Public Streets
34
Material shall not be stored in public streets: When sidewalk is removed, it shall be placed
directly in vehicles for transportation to the disposal site. The Contractor will not be permitted
to stockpile demolished concrete in the street or on adjacent sidewalk and parkway areas.
Delete subsection 7-10.3 and replace with the following:
7-10.3 Street Closures, Detours, Barricades
Forty eight hours prior to the start of any construction in the public right-of-way that affects
vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification
of the impending disruption. For a full street closure, all residences and/or businesses on the
affected street or alley shall be notified. For partial street closures, or curb, sidewalk and
driveway repairs, the residences and/or businesses directly affected by the work shall be
notified. ·
The notification shall be hand delivered and shall state the date and time the work will begin and
its anticipated duration. The notification shall list two telephone numbers that may be called to
obtain additional information. One number shall be the Contractor's permanent office or field
office and the other number shall be a 24 hour number answered by someone who is
knowledgeable about the project. An answering machine shall not be connected to either
number. The notification shall also give a brief description of the work and simple instructions
to the home or business owner on what they need to do to facilitate the construction. The
Contractor shall submit the contents of the notification to the engineer for approval. Notices
shall not be distributed until approved by the Engineer.
For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches .and
shall be brightly colored with contrasting printing. The material shall be equivalent in strength
and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 14 point.
The preparation, materials, printing and distribution of the notifications shall be considered
incidental to the work and the Contractor will not be entitled to any additional compensation for
printing and distributing these notices.
In addition to the 48-hour notice required by this subsection, the Contractor shall distribute a
letter to Jack In The Box on Harding Street, Kentucky Fried Chicken on Madison Street, and
Bank of America on Roosevelt Street, and Hennessey's Tavern on Roosevelt Street. This letter
shall be distributed after the Contractor receives a purchase order from the City, but at least two
weeks before the work begins. The letter shall state the Contractor's name and telephone
number, give a general description of the work, and illustrate which driveway will be partially
closed for one week during the reconstruction period. The letter shall also state that the
business will be notified 48-hours in advance of exactly when the work will begin.
8/1/95
(
35
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.
8/1/95
36
MODIFICATIONS TO PART 2 OF THE
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 201 -CONCRETE, MORTAR, AND RELATED MATERIALS
To subsection 201-1.2, add the following:
The class of concrete to be used on this project shall be 560-C-3250.
8/1/95
37
MODIFICATIONS TO PART 3 OF THE
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 300 -EARTHWORK
To subsection 300-1.1, add the following:
Where the Engineer determines that roots must be removed before sidewalk is replaced, the
Contractor shall excavate the area below the removed sidewalk to a depth of 0.67' below the
bottom of the abutting sidewalk. The Contractor shall remove all roots and other deleterious
material from the excavated soil, replace the excavated soil and compact it to a minimum of 90%
relative compaction. The price bid for root removal shall cover all work required by this
subsection including additional fill material, if necessary, to raise sidewalk subgrade to the
necessary elevation. Where sidewalk is removed and not replaced, the Contractor shall backfill
the area with topsoil, grade and compact it in place. All costs associated with this work shall
be included in the price bid for topsoil.
Delete subsection 300-1.3.1 and replace with the following:
300-1.3.1 General
All concrete materials removed shall be disposed of at a legally permitted dump or recycling
site.
Delete subsection 300-1.3.2(c) and replace with the following:
300-1.3.2(c) Concrete Curb, Walk, Gutters, Cross-Gutters. Driveways. and Alley Intersections
Concrete sidewalk shall be removed between the limits shown on the plans. The limits shall be
sawcut if necessary to prevent damage to adjacent improvements. If adjacent sidewalk is
damaged during the removal process, the entire sidewalk panel containing the damage shall
be removed and replaced at the Contractor's expense.
SECTION 303 -CONCRETE AND MASONRY CONSTRUCTION
Delete subsection 303-5.4.2
Delete subsection 303-5.4.3
To subsection 303-5.5.3, add the following:
Scoring lines shall be at 5-foot intervals or as directed by the Engineer. At curves and walk
returns, the joint shall be radial.
Delete subsection 303-5.7 and replace with the following:
303-5. 7 Repairs and Replacements
Any new work found to be defective, damaged, defaced or vandalized prior to its acceptance
shall be removed and replaced at the Contractor's expense.
8/1/95
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2. SAWCUT 10 L.F.
REMOVE 5'x 5'
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REPLACE 5'x 5' 7.5" THICK
3. SAWCUT 10 L.F.
REMOVE 5'x 5'
REPLACE 5'x 5' 7.5" THICK
4. SAWCUT 16.8 L.F.
REMOVE 8.42'x 5.42'
REPLACE 8.42'x 5.42'
C 1. SAWCUT 6 L.F.
REMOVE 6'x 6.67'
2. SAWCUT 8.6 L.F.
REMOVE 6'x 1 O' ALBERTO'S REPLACE 6'x 5'
3. SAWCUT O L.F.
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171.17'
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REMOVE 6'x 7' EXP.AGG.
REMOVE 6'x 3.47' EXP.AGG.
REMOVE 6 TIMBERS • 5.67' REPLACE 6'x 15'
5. SAWCUT 5 L.F.
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JEFFERSON ST.
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6. SAWCUT 9.9' L.F.
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REPLACE 5'x 11. 75'
REBUILD TREE BOX
7. SAWCUT 4.2 L.F.
REMOVE AS SHOWN~ 20 SQ. FT.
8. SAWCUT 5 L.F.
REMOVE 5'x 6.33'
REPLACE 5'x 6.33'
9. SAWCUT 10 L.F.
REMOVE 5'x 5'
REPLACE 5'x 5'
10. SAWCUT 10 L.F.
REMOVE 5'x 5'
REPLACE 5'x 5'
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KENTUCKY
FRIED 1 . SAWCUT 5 L.F.
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121.251 74.67'
141.75' 94.67' 3 . SAWCUT 10 L.F.
118.83' MADISON ST. REMOVE 5'x 5'
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4. SAWCUT 11 L.F.
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5. SAWCUT 5 L.F.
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ROOSEVELT ST . REPLACE 5'x 1 O' 7.5 " THICK
10. SAWCUT 5 L.F.
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2. 'SAWCUT 11 .6 L.F.
1REMOVE 5.33 'x 1', 4'x 1.25'
'REPLACE 5'x 5 .33'
3 . 'SAWCUT 9.5 L.F. ·
REMOVE 4.5'x 5 '
REPLACE 4.5 'x 5'
4 . SAWCUT 9.2 LF.
REMOVE 5'x 4.25' .-
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5. SAWCUT 18 L.F.(1_0 .17' @.FACE WALL)
1REMOVE 5. 75'x 1 O', 2 'x 4'
lREPLACE 5'x 1 O'(ABUT FACE OF WALL)
6. ISAWCUT 52 L.F.
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1REPLACE 6'x 45'
IADJUST PULL BOX
I ------7. SAWCUT 13.5 L.F .
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8. lsAwcuT 10 L.F .
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9. SAWCUT 1.8 L.F.
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10. l'SAWCUT 13.6 L.F.
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REMOVE 7.25'x 5' IRREG. SHAPE
REPLACE 7.25'x 5' 7.5" THICK, IRREG.
SAWCUT 9.5 L.F.
REMOVE 4.5'x 1', 0.67'x 4'
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SAWCUT 5. 7 L.F.
REMOVE 5.67'x 4'
REPLACE 5'x 4'
SAWCUT 9.5 L.F.
REMOVE 9.5'x 5'
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11. SAWCUT 12.5 L.F.
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12. SAWCUT 15 L.F.
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