HomeMy WebLinkAboutCastello Inc; 1996-07-31; 3391-3Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Notice ts hereby given that:
•
1512
D■ U 1997=0160378
08-A-PR-1997 01 :: 01 PM
OFFICIAL RECORDS
SAH DIEGO COUHTY RECORDER'S OFFICE ,·-r,EeoRv C!l!TTH· r.r.u''11·uTy k'i::l~OROEk.' \ll\ l:l . l JlU l, ; '"' _i,j ,.1..\., . ,·, ,-EEC• 0 i'IQ r J" .u.
Space above this line for Recorder's use.
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 February 6, 1997.
6. The name of the contractor, if any, for such work of improvement is Castello, 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 construction of Magnolia Avenue, Valley
Street and Park Drive Sidewalks, Project No. 3391-3.
8. The address of said property is within the limits of the City of Carlsbad.
VERIFICATION OF CITY CLERK
l, tile 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 March 18 , 1997, 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 April 3 , 1997, at Carlsbad, California.
CITY OF CARLSBAD
~ ~ .-ff) -~-···.. .
ALETHALRAUTE~
City Clerk
Recording 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:
436
NOTICE OF COMPLETION
DI ff 1997-0145398
31-MAR-1997 02=21 PM
OFFICIAL RECORDS
SAH DIEGO COUNTY RECORDER'S OFFICE
GREGORY SMITH, COUHTY RECOROER
FEES: 0.00
Space above this line for Recorder's use.
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 February 6, 1997.
6. The name of the contractor, if any, for such work of improvement is Castello, 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 construction of Magnolia Avenue, Valley
Street and Park Drive Sidewalks, Project No. 3391-3.
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 March 18 1997, 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 March 21 , 1997, at Carlsbad, California.
CITY OF CARLSBAD
Ok&./2~~ ALETHA L RAUTENKRANZ
City Clerk
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/0 #8
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
Reason(s) for change:
City Engineer
Engineering Inspection
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Items 1-3: Many bid items require adjustment based on actual quantities measured
in the field.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ............................................................ : ........... $ (3,612.33)
Total amount of previous c/o's ........................................................... $ 60,966.33" 5brl~u.33
Total c/o's to date ............................................................................... $-47,354.00 5'//i''~ oo
New Contract Amount ........................................................................ $406-;-920:-30-f.f // DJO . 3 l')
Total c/o's as ·% of original contract ............................................................ 13.2% />./.3-/.
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ 10,677.22
Contingency Subtotal ........................................................................... $ 64,612.22
Total c/o's to date ................................................................................. $ ~4:-QG ot, 51"/.ao
Contingency Balance ........................................................................... $ 17,258.22 /~O(J P .2 ~
e+tAl1jl'-s : HS ,for Ht:
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 8
CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 3427000-9060-33912-900
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4..:...;5:;..:7_C=or_p=o..:...::ra=te=-=D:..:..ri:..:..v=-e ________________ _
Escondido CA 92029
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 3-2.2.1, Contract Unit Prices, SSPWC 1994 Edition, the following bid
items are adjusted as follows:
MAGNOLIA AVENUE AND VALLEY STREET
Item 1:
a: Decrease bid item #12, chain link fence, from 290 LF to 90 LF; 200 LF @
$14.50/LF = ($2,900.00).
Decrease to contract cost .............................................. ($ 2,900.00)
b: Decrease bid item #14, sidewalk, from 8,715 SF to 7,441 SF; 1274 SF @
$2.50/SF = ($3,185.00).
Decrease to contract cost............................................. ($ 3,185.00) /
c: Decrease bid item #20, 1 ½" class C2-AR-4000 cap, from 300 TN to 111.33
TN; 188.67 TN @ $49.00/TN = ($9,244.83).
Decrease to contract cost.. ........................................... ($ 9,244.83) /
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 8
Page 2
Magnolia Avenue and Valley Street
Item 1: (continued)
d: Decrease bid item #24, relocate sewer lateral cleanout, from 21 EA to 2 EA; 19
@ $500.00/EA = ($9,500.00).
Decrease to contract cost.. ........................................... ($ 9,500.00)
e: Decrease bid item #27, 42" wood fence, from 200 LF to 105 LF; 95 LF @
$32.50/LF = ($3,087.50).
Decrease to contract cost.. ........................................... ($ 3,087.50)
f: Increase bid item #13, curb and gutter, from 1,605 LF to 1,811 LF; 206 LF @
$12.00/LF = $2,472.00.
Increase to contract cost............................................... $ 2,472.00
g: Increase bid item #16, driveway, from 2,820 SF to 5,259 SF; 2,439 SF @
$3.50/SF = $8,536.50.
Increase to contract cost ................................................ $ 8,536.50
h: Increase bid item #18, class II aggregate base, from 825 TN to 1,091.18 TN;
266.18 TN @ $20.00/TN = $5,323.60.
Increase to contract cost ................................................ $ 5,323.60
i: Increase bid item #19, 2½" class B-AR-4000 base, from 210 TN to 434.07 TN;
224.07 TN @ $66.00/TN = $14,788.62.
Increase to contract cost ................................................ $14,788.62
j: Increase bid item #25, retaining wall, from 125 SF to 296 SF; 171 SF @
$20.00/SF = $3,420.00.
Increase to contract cost................................................ $ 3,420.00
Item 1, Increase to contract cost .................................. $ 6,623.39
VALLEY STREET
Item 2:
a: Decrease bid item #5, salvage street sign install, from 8 EA to 4 EA; 4 @
$150.00/EA = ($600.00).
Decrease to contract cost. .............................................. ($ 600.00) /
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 8
Page 3
Valley Street
Item 2: (continued)
b: Decrease bid item #6, chain link fence, from 580 LF to 522 LF; 58 LF @
$14.00/LF = ($812.00).
Decrease to contract cost.. ............................................. ($ 812.00)
c: Decrease bid item #10, sidewalk, from 10,330 SF to 8,655 SF; 1,675 SF @
$2.50/SF = ($4,187.50).
Decrease to contract cost.. ............................................ ($4,187.50) /
d: Decrease bid item #15, 1 ½" class C2-AR-4000 cap, from 220 TN to 86.22 TN;
133.78 TN@ $49.00/TN = ($6,555.22).
Decrease to contract cost.............................................. ($6,555.22) /
e. Increase bid item #11, driveway, from 1,085 SF to 1,295 SF; 210 SF @
$3.50/SF = $735.00.
Increase to contract cost................................................. $ 735.00
Item 2, Decrease to contract cost ................................ (11,419.72)
PARK DRIVE AND TAMARACK AVENUE
Item 3:
a: Increase bid item #12, curb and gutter from 259 LF to 306 LF; 47 LF @
$12.00/LF = $564.00.
Increase to contract cost ...................... : ........................... $ 564.00
b. Increase bid item #13, sidewalk, from 1,295 SF to 1,543 SF; 248 SF @
$2.50/SF = 620.00.
Increase to contract cost ................................................... $ 620.00
Item 3, Increase to contract cost .................................................... $ 1,184.00
TOT AL DECREASE TO CONTRACT COST ........................................................... ($ 3,612.33)
·Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 8
Page4
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY:
~7 (AE)
~ ~ c l~ /'1"'
IANCE DIRECTOR (DATE}
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
CONTRACTOR
'7 ,,zo ,,£/1 '/ '-'
(DATE)
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #7
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Reason(s) for change:
City Engineer
Engineering Inspection
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Item 1: Fencing is required to protect pedestrians from grade separation behind new
pedestrian ramp and sidewalk at N/W corner Magnolia/Highland.
Item 2: New improvements require replacement of picket fencing and installation of
existing gate at 1394 Magnolia Avenue.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 4,160.00
Total amount of previous c/o's ........................................................... $ 50,966.33
Total c/o's to date ............................................................................... $ 55,126.33
New Contract Amount ........................................................................ $414,692.33
Total c/o's as% of original contract.......................................................... 15.3%
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ 10,677.22
Contingency Subtotal ........................................................................... $ 64,612.22
Total c/o's to date ................................................................................. $ 55,126.33
Contingency Balance ........................................................................... $ 9,485.89
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 7
CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 3427000-9060-33912-900
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4 ....... 5=-..,7'--=C=-o=rp=o"'""'ra=t=-e-=D'-'-ri'-"-v=-e ________________ _
Escondido CA 92029
The Contractor is directed to make the following changes as described herein.
Changes shall include all labor, materials, eqL,Jipment, 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:
Item 2:
Provide and install 42" high galvanized chain link fence behind
sidewalk/pedestrian ramp at N/W corner Magnolia Avenue and Highland Drive.
Work to be performed for the lump sum price of $1,170.00.
Increase to contract cost................................................. $ 1,170.00
Install picket fence at 1394 Magnolia Avenue with installation of existing
gates salvaged from old driveway alignment.
Increase to contract cost............................................... $ 2,990.00
TOTAL INCREAS.E TO CONTRACT COST ....................................... $4,160.00
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 7
Page 2
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY:
~~ ~ .;i,/~ le,,
FINANCE DIRECTOR (DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
CONTRACTOR (DATE)
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL-C/O #6
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
Reason(s) for change:
City Engineer
Engineering Inspection
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Item 1: The plans showed all water services to be relocated to be one inch. The actual
sizes encountered for eight of the services were 1 ½" or 2". A one inch service
can be extended from the existing meter location to outside of the travelway
which is the new location. The larger sizes require installation of an entirely
new pipe from the main line in the street to the new location.
Item 2: The contractor spent time trying to locate sewer laterals for clean-out
installation at locations marked by City forces but the clean-outs were not
found.
Item 3: Additional traffic control was required during the above operations.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 1,820.00
Total amount of previous c/o's ........................................................... $ 49,146.33
Total c/o's to date ............................................................................... $ 50,966.33
New Contract Amount ........................................................................ $410,532.33
Total c/o's as% of original contract.......................................................... 14.2%
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ 10,677.22
Contingency Subtotal ........................................................................... $ 64,612.22
Total c/o's to date ................................................................................. $ 50,966.33
Contingency Balance ........................................................................... $ 13,645.89
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 6
CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 3427000-9060-33912-900
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4~5~7_C~o~r_p~o~ra~te~D~ri~ve~----------------
Escondido CA 92029
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:
Item 2:
Remove existing crosswalks at Valley/Magnolia, Highland/Magnolia and Park
/Tamarack intersections and restripe. Work to be done for the lump sum price
of $1,370.00.
Increase to contract cost................................................. $ 1,370.00
Provide and install irrigation and "marathon sod" at 1252 Magnolia. Work
to be performed for the lump sum price of $450.00.
Increase to contract cost................................................ $ 450.00
TOTAL INCREASE TO CONTRACT COST ....................................... $1,820.00
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 6
Page 2
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY:
PRINCIPAL INSPECTOR
~
COMM.DEV.DIR~ (DATEf
~ I~ &/a-c;,;-,
FNANCEDIRECTOR (DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
CONTRACTOR (DATE)
~~ CITY &AGERiMAYOR-(DATE)
.. .
' ·, , .
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL-C/O #5
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
-e-M~ 97
Z-'Zo-'11
C.M.W.D. District Engineer
C.M.W.D. General Manager
City Engineer ~ '7-,
1iei]
aJc,7
2:Ji'17
6/'>-7
c)11')
Reason(s) for change:
Community Development Director
Finance Director
Executive G.M./President
City Manager/Mayor
Engineering Inspection
Item 1: The plans showed all water services to be relocated to be one inch. The actual
sizes encountered for eight of the services were 1 ½" or 2':. A one inch service
can be extended from the existing meter location to outside of the travelway
which is the new location. The larger sizes require installation of an entirely
new pipe from the main line in the street to the new location.
Item 2: The contractor spent time trying to locate sewer laterals for clean-out
installation at locations marked by City forces but the clean-outs were not
found.
Item 3: Additional traffic control was required during the above operations.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 7,887.33
Total amount of previous c/o's ........................................................... $ 41,269.00
Total c/o's to date ............................................................................... $ 49,146.33
New Contract Amount ........................................................................ $408,712.63
Total c/o's as % of original contract ................................ .......................... 13. 7%
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ 10,677.22 ·
Contingency Subtotal ........................................................................... $ 64,612.22
Total c/o's to date ................................................................................. $ 49,146.33
Contingency Balance ........................................................................... $ 15,465.89
,
' .
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 5
CONTRACT NO. 3391 -3 P.O. NO. 22210 ACCOUNT NO. 5067000-9060-33882-900
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4..:..;:5::...:.7_C=o=r=p=o.:..;::ra=te=-=Dc..:...ri=--=-v=-e ________________ _
Escondido CA 92029
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:
Item 2:
Item 3:
Increase water-service size at eight locations for the lump sum cost of
$5,754.68.
Increase to contract cost.. ............................................... $ 6,590.68
Locate existing sewer laterals per C.M.W.D. markings for the lump sum
cost of $786.65.
Increase to contract cost ................................................. $ 786.65
Provide additional traffic control for items 1 & 2 for the lump sum price of
$500.00.
Increase to contract cost.................................................. $ 500.00
TOTAL INCREASE TO CONTRACT COST ....................................... $7,877.33
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 5
Page 2
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE
AFFECTED BY THIS CHANGE ORDER.
RECOMMENDED BY;
'(DATE)
CbMM. DEV. DIREc-:t=00 (DATE)
~~
FINANCE DIRECTOR (DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
#rJl~
CONTRACTOR
1-30-17
(DATE)
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #4
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
Reason(s) for change:
Engineering Inspection
City Engineer
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Item 1: Removal of additional tree on eastside of Valley Street required due to conflict
with new chainlink fence.
Item 2: Additional move-in cost for removal of trees not shown on plans at 1252
Magnolia Avenue.
Item 3: Steps are required to be installed at 1184 Magnolia Avenue to transition
existing house walk to new sidewalk grade.
Item 4: Steps are required to be installed at 3710 Adams Avenue to transition existing
house walk to new sidewalk grade.
Item 5: Two (2) sets of M-26 stairs with handrails are required to be installed at
locations of fence openings to school yard on east side of Valley Street.
Item 6: Additional 4' opening in new chainlink fence on east side of Valley Street
school yard.
Item 7: A retaining wall is required at the northwest corner of Magnolia and Highland to
accommodate new pedestrian ramp installed at this corner.
Item 8: Installation of two (2) additional D-27 sidewalk drains is required at 1149
Magnolia Avenue to accommodate existing property drainage.
Item 9: Modification to existing 1 O" PVC storm drain line at southwest corner of
Magnolia and Highland with modified D-25 structure to exist new curb, gutter
and sidewalk improvements is required to properly drain area.
Item 10: A drainage system is required at 1252 Magnolia Avenue to relieve flooding
condition caused by new street improvements.
Item 11: Removal of leaning Eucalyptus tree at Tamarack and Park is required to
eliminate possible hazard.
Contract Change Order Transmittal-C/0 #4 Page 2
#3391-3, Magnolia Avenue and Valley Street Sidewalk Program
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 14,905.00
Total amount of previous c/o's ........................................................... $ 26,364.00
Total c/o's to date ............................................................................... $ 41,269.00
New Contract Amount ........................................................................ $400,835.30
Total c/o's as% of original contract ............................................................ 11.5 %
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ 2,800.00
Contingency Subtotal ........................................................................... $ 56,735.00
Total c/o's to date ................................................................................. $ 41,269.00
Contingency Balance ........................................................................... $ 15,466.00
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 4
CONTRACT NO. 3391 -3 P.O. NO. 22210 ACCOUNT NO. 342-820-1843-3391
CONTRACTOR: CASTELLO INC.
ADDRESS: 457 Corporate Drive
Escondido CA 92029
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:
Item 2:
Item 3:
Item 4:
Remove and dispose of additional tree on eastside of Valley Street in front
of elementary school for the lump sum price of $600.00.
Increase to contract cost................................................. $ 600.00
Payment for additional move-in cost for removal of trees at 1252 Magnolia
Avenue for the lump sum price of $300.00.
Increase to contract cost.................................................. $ 300.00
Construct steps at 1184 Magnolia Avenue to transition existing house
walk to new sidewalk grade for the lump sum price of $450.00.
Increase to contract cost .................................................. $ 450.00
Construct steps at 3710 Adams Avenue to transition existing house walk
to new sidewalk grade for the lump sum price of $680.00.
Increase to contract cost.................................................. $ 680.00
Magnolia Ave & Valley St Sidewalk Prgm-3391 -3
Change Order No. 4
Page 2
Item 5:
Item 6:
Item 7:
Item 8:
Item 9:
Item 10:
Item 11:
Construct two (2) sets of M-26 stairs with handrails at locations of fence
openings to elementary school yard on east side of Valley Street for the
lump sum price of $4,600.00.
Increase to contract cost ................................................. $4,600.00
Provide one (1) additional 4' opening in new chain link fence on east side
of Valley Street school yard for the lump sum price of $385.00.
Increase to contract cost................................................. $ 385.00
Construct retaining wall at the northwest corner of Magnolia and Highland
to accommodate new pedestrian ramp for the lump sum price of
$1,860.00.
Increase to contract cost................................................. $1,860.00
Install two (2) additional D-27 sidewalk drains at 1149 Magnolia Avenue
for the lump sum price of $280.00.
Increase to contract cost................................................. $ 280.00
Modify 1 O" PVC storm drain line at southwest corner of Magnolia and
Highland with modified D-25 structure to exist new curb, gutter and
sidewalk improvements for the lump sum price of $3,200.00.
Increase to contract cost................................................. $3,200.00
Construct drainage system at 1252 Magnolia Avenue for the lump sum
price of $1,880.00.
Increase to contract cost ................................................. $1,880.00
Remove and dispose of Eucalyptus tree at Tamarack and Park for the
lump sum price of $670.00.
Increase to contract cost................................................... $ 670.00
TOTAL INCREASE TO CONTRACT COST ...................................... $14,905.00
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 4
Page 3
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE
EXTENDED THROUGH JANUARY 3, 1997, BY THIS CHANGE ORDER.
RECOMMENDED BY:
PRINCIPAL INSPECTOR ( ATE)
/2l ~L 1-2:r~
COMM.~ (DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
~11~
CONTRACTOR (DATE)
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #3
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
Engineering Inspection
City Engineer
Community Development Director
Finance Director
City Manager/Mayor
Engineering Inspection
Reason for change:
Item 1:
Item 2:
This work was competitively bid as an open market contract. Since this
contractor was the low bid it was decided to include this work as a change
order to this contract.
Existing curb and gutter shown to remain requires removal and
replacement since it was monolithic with adjacent walk that is required to
be removed.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 8,119.00
Total amount of previous c/o's ........................................................... $ 18,245.00
Total c/o's to date ............................................................................... $ 26,364.00
New Contract Amount ........................................................................ $385,930.30
Total c/o's as% of original contract ............................................................. 7.3 %
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ 2,800.00
Contingency Subtotal ........................................................................... $ 56,735.00
Total c/o's to date ................................................................................. $ 26,364.00
Contingency Balance ........................................................................... $ 30,371.00
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 3
CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 342-820-1843-3391
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4-'-'5"""7_C=-=-or'""'p"""o""'"'ra=te=-=D""""'ri'-'-v=-e ________________ _
Escondido CA 92029
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:
Item 2:
Construct improvements at Levante Street and Romeria per Attachments A &
B. Work to be performed for the lump sum of $6,719.00.
Increase to contract cost ................................................... $6,719.00
Remove existing curb and gutter and replace with type "G" curb and gutter
between new ramps and patch A.G. Work to be performed for the lump sum of
$1,400.00.
Increase to contract cost. ................................................. $1,400.00
TOT AL INCREASE TO CONTRACT COST ........................................ $8,119.00
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 3
Page 2
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE
EXTENDED THROUGH JANUARY 3, 1997, BY THIS CHANGE ORDER.
RECOMMENDED BY:
/!-4d_ ~
PRINCIPAL INSPECTOR ( A1E)
/-Z-~
(DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
1JU..-~ \-llt-f./'/
CONTRACTOR (DATE)
1•
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #2
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
12~ 0f·9 /
/2(9 f~
11/t:-;v; ;ijc,tt,
C.M.W.D. District Engineer
C.M.W.D. General Manager
City Engineer
Community Development Director
Finance Director
l~/'1 &, Executive G. M ./President
ul~f#/9(p I
City Manager/Mayor
Engineering Inspection
Reason for change:
Items 1: This work was requested by C.M.W.D.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 2,800.00
Total amount of previous c/o's ........................................................... $ 15,445.00
Total c/o's to date ............................................................................... $ 18,245.00
New Contract Amount ........................................................................ $377,811.30
Total c/o's as% of original contract ............................................................. 5.1 %
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ........................................................ $ 2,800.00
Contingency Subtotal ........................................................................... $ 56,735.00
Total c/o's to date ................................................................................. $ 18,245.00
Contingency Balance ........................................................................... $ 38,490.00
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 2
CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 501-820-6310-2660
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4-'-'5"'"'7_C=or'""'p"""o-'--'ra=te=-=D"""'ri'-'-ve=-----------------
Escondido CA 92029
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: Remove existing 8" tee and 6" gate valve on 8" A.C.P. water line, tie together
with C900 PVC by means of transition couplings, backfill excavation and A.C.
patch street. Work to be done for a lump sum price of $2,800.00.
Increase to contract cost .................................................. $ 2,800.00
TOTAL INCREASE TO CONTRACT COST ........................................ $2,800.00
Magnolia Ave & Valley St Sidewalk Prgm-3391-3
Change Order No. 2
Page 3
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE
INCREASED BY TWO WORKING DAYS BY THIS CHANGE ORDER.
RECOMMENDED BY;
L: i&J
~INSPECTOR (Dill)
C.M.W.D. GEN RAL MANA
~~~7«6 CITY NGINEE~DA E)
CO~r (DATE)
(DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY:
CONTRACTOR (DATE)
(DATE)
CITY OF CARLSBAD
CONTRACT CHANGE ORDER TRANSMITTAL -C/O #1
Project: #3391-3, MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
Date Routed:
/b/d<t/9~
10/;i.¥'/'f (,
/1:>/~,/? (p
/I ' /"'I I._,
Engineering Inspection
City Engineer
Community Development Director
Finance Director
(t /tJ lo
ft /1 lo
City Manager/Mayor
Engineering Inspection
Reason for change:
Items 1-9: Additional pavement removal and reconstruction is necessary for new
street to meet correctly with existing streets. Also, no bid item was
included in the original bid for adjusting access holes and water valve
cans to new finish road grades.
COST ACCOUNTING:
Original contract amount .................................................................... $359,566.30
Total amount this c/o ......................................................................... $ 15,445.00
Total amount of previous c/o's ........................................................... $ 0
Total c/o's to date ............................................................................... $ 15,445.00
New Contract Amount ........................................................................ $375,011.30
Total c/o's as% of original contract.......................................................... 4.3 %
Contingency monies encumbered ........................................................ $ 53,935.00
Contingency increase or decrease ....................................................... $ O
Contingency Subtotal ........................................................................... $ 53,935.00
Total c/o's to date ................................................................................. $ 15,445.00
Contingency Balance ........................................................................... $ 38,490.00
CITY OF CARLSBAD
PROJECT: # 3391-3 MAGNOLIA AVENUE AND VALLEY STREET SIDEWALK
PROGRAM
CONTRACT CHANGE ORDER NO. 1
CONTRACT NO. 3391-3 P.O. NO. 22210 ACCOUNT NO. 342-820-1843-3391
CONTRACTOR: CASTELLO INC.
ADDRESS: ___ 4~5~7_C~o=r-.P-o~ra~te~D~ri~ve~----------------
Escondido CA 92029
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:
Item 2:
Item 3:
Item 4:
Pavement removal--Magnolia north of Valley--estimated at 1, 190 SF @ $2.00
per SF= $2,380.00.
Increase to contract cost .............................................. $ 2,380.00
Pavement removal--Valley at School driveway-~estimated at 2,500 SF@ $2.00
per SF = $5,000.00.
Increase to contract cost .............................................. $ 5,000.00
CL II Base for Magnolia is estimated at 42 tons@ $20.00 per ton= $840.00.
Increase to contract cost ............................................... $ 840.00
AC (2½" Class B-AR-4000) Base for Magnolia is estimated at 18 tons @
$66.00 per ton = $1,188.00.
Increase to contract cost ............................................... $ 1,188.00
Magnolia Ave & Valley St Sidewalk Prgm--3391-3
Change Order No. 1
Page 2
Item 5:
Item 6:
Item 7:
Item 8:
Item 9:
AC (1 ½" Class C2-AR-4000) Cap for Magnolia is estimated at 11 tons @
$49.00 per ton = $539.00.
Increase to contract cost .............................................. $ 539.00
CL II Base for Valley is estimated at 87 tons@ $20.00 per ton = $1,740.00
Increase to contract cost .............................................. $ 1,740.00
AC (2½" Class B-AR-4000) Base for Valley is estimated at 38 tons @ $66.00
per ton = $2,508.00.
Increase to contract cost .............................................. $ 2,508.00
Adjust one (1) access hole on Valley for a lump sum cost of $250.00.
Increase to contract cost ............................................... $ 250.00
Adjust four (4) water valve cans for $250.00 each, 4@ $250.00 = $1,000.00.
Increase to contract cost .............................................. $ 1,000.00
TOTAL ESTIMATED INCREASE TO CONTRACT COST .......................... $15,445.00
Magnolia Ave & Valley St Sidewalk Prgm-3391 -3
Change Order No. 1
Page 3
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE
INCREASED BY FIVE (5) WORKING DAYS.
RECOMMENDED BY:
(DATE)
DISTRIBUTION:
INSPECTION FILE (ORIGINAL)
PURCHASING
CONTRACTOR
APPROVED BY: /
~1})/)' 11~ b--?b
CONTRACTOR (DATE)
•
•
•
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
MAGNOLIA AVENUE AND VALLEY STREET
SIDEWALK PROGRAM
CONTRACT NO. 3391-3
1/29/96
•
•
•
TABLE OF CONTENTS
NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
CONTRACTOR'S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
BIDDER'S BOND TO ACCOMPANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
DESIGNATION OF SUBCONTRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY ........................ 25
BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . . . . . . . 26
BIDDER'S CERTIFICATE OF INSURANCE ................................... 27
BIDDER'S STATEMENT OF DEBARMENT ................................... 28
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
CONTRACT -PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
LABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
REPRESENTATION AND CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
RELEASE FORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
SPECIAL PROVISIONS
I. MODIFICATIONS TO PART 1 OF THE STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
11. MODIFICATIONS TO PART 2 OF THE STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
111. MODIFICATIONS TO PART 3 OF THE STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
1/29/96
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:00 P.M. on the 23rd day of
MAY , 19 ~. at which time they will be opened and read, for performing the work
as follows:
MAGNOLIA AVENUE AND VALLEY STREET
SIDEWALK PROGRAM
CONTRACT NO. 3391-3
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 subcontractorfrom 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 (10) 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 pertormance 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 $427,000.
No bid shall be accepted from a contractor who is not licensec:I in accordance with the
provisions of California state law. The contractor shall state their license number, expiration date
and classification in the proposal, under penalty of perjury. The following classifications are
acceptable for this contract: •A• in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contract documents in
lieu of the usual 10% retention from each payment, these documents must be completed and
submitted with the signed contract. The escrow agreement may not be substituted at a later
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad_ Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non•refundable fee of $25.00 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 .
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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 1 O 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.
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4
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The
City does accept policies issued by the State Compensation Fund meeting the requirement for
workers' compensation insurance. ·
The Contractor shall be required to maintain insurance as specified in the Contract. Any
additional cost of said insurance shall be included in the bid price.
The 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 requirements, the City may award the contract to the 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. 96-101 , adopted on the 26th day of MARCH , 19-9.6_.
Dat
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City Council
City of Carlsbad
CITY OF CARLSBAD
MAGNOLIA AVENUE AND VALLEY STREET
SIDEWALK PROGRAM
CONTRACT NO. 3391-3
CONTRACTOR'S PROPOSAL
1200 Carlsbad Village Drive
Carlsbad, California 92008
5
The undersigned declares he/she has carefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. 3391-3 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 Total
MAGNOLIA AVENUE
1 Traffic Control at LS N/A ;;-Q Q 0
FIVc TOO US~~ D
Dollars (Lump Sum)
2 Clear & Grub at LS N/A /4QQ__o
rD\lQE ~ Tt\OIA S.I\ ~ 'D
Dollars (Lump Sum)
3 Tree Root Trimming and Root LS N/A I J'°"Q..o
Barrier at
Q~i;-T\-\-Ov.S/:\~ Fr~e
t-¼J.}J1:>{(.e-D
Dollars (Lump Sum)
4 Grind Existing A. C. Pavement 4,080 SF 1~]j-.5':/'o Y
1 112• Deep at J
(2f.JE 'POL.L~ ~
lt\,-\R, '1Y -"F~" f; C-X:-~TS.
Dollars per Square Foot
1/29/96
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Approximate •• Item Quantity Unit
No. Description and Unit Price Total
I 5 Unclassified Excavation at LS NIA /6Q...Qo
~ l'CfE:E N. TI0O. Sft\.~:D ,
I Dollars (Lump Sum)
6 Salvage Street Sign Install f .. :J'o ~-o 3 EA
I per SDRSD M-45 at
Q'"e-i-\-u1-.rPe..en c~i::u
I Dollars Each
7 Salvage Fire Hydrant, Remove LS N/A I 61.:>"''o
I
Lateral, Plug Valve at Main,
Construct Thrust Block at
tMe ,..OOt.tst\ \\ D, ~ 1~ \.J-tol1:~6'P
F1Frt
I Dollars (Lump Sum)
8 Salvage Mailbox Install per 15 EA (o_o (.>~
I Detail Sheet 3 at
O:ae-IH!l-3"De..SD
le Dollars Each
Relocate Water Meter per bf o ( 0 37 0 9 17 EA
I CMWD S.D. W3 at
~t)C \.W ~'Df<...E"D ll=N
I Dollars Each
10 Fire Hydrant Assembly per 1 EA 2--lJ--o 1-, {s-5'9
I CMWD S.D. W12 at
'lVJ O 'T-\\o~ s ~ ~ t) .1 f?\lfi:~
Hill:JO€,a.D r rFl";i
Dollars Each
I 11 Remove & Replace Sprinkler LS NIA 2-Q..Q..a
Heads and Irrigation Lines to
I Private Property and Maintain
System Integrity at
::!\Al 0 'TlioJ.As A; N :o
I Dollars (Lump Sum)
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•• Approximate
Item Quantity Unit
No. Description and Unit Price Total
I 12 Chain Link Fence per SDRSD 290 LF /¢ .. Jo -,20s-
M-6 at f'O"-ttre N t>c>L.\..A~
I fl.s~D F \'l=T)l C,til-.\-TS,
Dollars per Linear Foot
13 Curb & Gutter per 1,605 LF f2-l q 2 bn
I SDRSD G-2 Type G
(includes depressed curb
through driveway) at
I '\'VJ f:1.-\) i;-
Dollars per Linear Foot
I 14 AC. Berm per SDRSD G-5 110 LF 9 CJ ci b
Type A at
Af, 4{/;z
I Dollars per Linear Foot
I 15 Sidewalk per SDRSD G-7 at 8,715 SF 2-~"'-o "Lf 7cf 7-.5'0
\VJO 'DOI..L./\ft 9:. ~t:::>
r\F'IY ~Ts.
le Dollars per Square Foot
16 Driveway per SDRSD G-14 at 2820 SF 3-~'o Cft?o
I
"1\-RiE t: 1)C1..L~g, J\\lD
Ei+= ,-. t tt-).,\ --r-s
Dollars per Square Foot
I 17 Cross Gutter per SDRSD 400 SF LQ.Qg
G-12 at
f=l~
I Dollars per Square Foot L.0/1 /'b..>"'Q....O
18 Class II Aggregate Base at 825 TN ~ (~S"' ~
I -4=~ E'Te. e ~ r~{E,1-(. r't:. ?' ;
Dollars per Tonhf'
I 19 2-1 ;2• Class B-AR-4000 Base 210 TN (;6 t3 P, o
Paving at
I St:.~.,;x:. ¥-£/.x_
Dollars per Ton
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Approximate •• Item Quantity Unit
No. Description and Unit Price Total
l47e,z_p I 20 1-1 /2" Class C2-AR-4000 Cap 300 TN ~'l
Paving at
p;i u (J__··ry_ iJ l A. L 15
I Dollars per Ton
I 21 Pedestrian Ramp per SDRSD 2 EA Soo lQQ,c,
G-27 Type A at :B</
(Includes Sidewalk between
I BCR & ECR)
r\'-lia 1+\.L \.\-'D~'I"\
Dollars Each
I 22 Pedestrian Ramp per SDRSD 6 EA 3 .. S'rJ "LI a__o
G-30 at
I t"~R.Ee \-\-tt~~D
~1ETf..
Dollars Each
I 23 Modified Pedestrian Ramp at 2 EA ~---0 C,Q..O
f'0!1<L \:k.tN.DfED rf'.Fit
le Dollars Each
I 24 Relocate Sewer Lateral 21 EA JQ_o { 0 j" <2L::>
Cleanout per CMWD
S.D. S7 at
I 'f'\VB"" \-1,U\j'De_~D
Dollars Each
I 25 Retaining Wall per SDRSD 125 SF 20 L-...)\Qo
C-3 at \\Jle}\\.:rt
I 1
Dollars per Square Foot
I 26 Striping at LS N/A 9 "LO
~\\lE tH..\~Df,\?'D '"tlAltlfi:/.
I Dollars (Lump Sum}
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Approximate
I Item Quantity Unit
No. Descrigtion and Unit Price Total -27 42" Wood Fence and Gate per 200 LF :s 2-.5'0 6 e>'Q.D I Sheet 2 at
'°ttt-\ R..TY3w-o 1:>DU-M.$
.f\~D F :i:: 1¥: C'..El-rr.S
I Dollars per Linear Foot
28 Relocate Existing 42" Chain 80 LF 14-II 2J?
I Link Fence at
~D~ f<..Ic;; E' N
I Dollars per Linear Foot
29 Surveying at LS NIA fie_o
Q\\e-T\-\-0\l ~f\. ~D 'T'tt<lE°E'
I u-t& \.\'b2.,c D
Dollars (Lump Sum)
I 30 Hydroseed at 8,715 SF O·IO f' 7 I --.J-...._ o
77;~ CE\Jt'S :)?er <l• E
I VALLEY STREET
1 Traffic Control at LS lQ.QD
\WO \'\i\-o!A.9.~~'D
le Dollars (Lump Sum)
I 2 Clear & Grub at LS &]<2..D f;Je..o
~ i't TAf) u. ~A-~ D -n+e.e f;
\-\1.u.1 'Db:: D
I Dollars (Lump Sum)
3 Grind Existing A. C. 800 SF \. ]J I ofo
I
Pavement 1-112" Deep at
Qll,l~ VQU-he.... ~~D
\~R.I~ F,Vr: c,e-t-lTS
Dollars per Square Foot
I 4 Unclassified Excavation at LS NIA \ 2 LQ_c,
TWE\...~~ ,~u..s.i\()'D I
I =s:v:i Q w..t1 ~"'t:>~D
Dollars (Lump Sum)
5 Salvage Street Sign Install per 8 EA 'J-o { ~
I per SDRSD M-45 at
O~;r H-U H°t'e..eD F1flY
I Dollars Each
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Item
No. Description
6
7
8
Chain Link Fence and Gate
per SDRSD M-6 at
FOtl(c'tF:e ~
Dollars per Linear Foot
Relocate Water Meters per
CMWD S.D. W3 at
~t'f \\u ~p«..eD
Dollars Each
Remove & Replace Sprinkler
Heads and Irrigation Lines to
Private Property and Maintain
System Integrity at
\;\C. b\:I lliANDR.e:D
Dollars (Lump Sum)
9 Curb & Gutter per SDRSD G-2
Type G at
::D>E;L\/~
Dollars per Linear Foot
10 Sidewalk per SDRSD G-7 at
1wo To\....LMS.. :h).\'D
f:lF1'{ Q___gp~
Dollars per Square Foot
11 P. C. C. Driveway per SDRSD
G-14 at
~E:: ~~~ N:ID
F\£-T'( le-tJ\S.
Dollars per Square Foot
12 Cross Gutter per SDRSD
G-12 at
~\\)8
Dollars per Square Foot
10
Approximate
Quantity Unit
and Unit Price
580 LF /4
5 EA
LS N/A
1,456 LF l7~72 ,
10,330 SF 2-JV
1,085 SF
940 SF
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Approximate
Item '• Quantity Unit
No. Description and Unit Price ~ Total
13 Class II Aggregate Base at 615 TN 2.0~ ( 2 3 .<2.._o
I ..-z--r,..-~ (.'.;I::.¥-7
Dollars per Ton
I 14 2-1 /2" Class 8-AR-4000 Base 155 TN &t {Cl 230
Paving at I'
~~:z:::t. Jf.X I Dollars per Ton
I 15 1-1 /2" Class C2-AR-4000 Cap 220 TN ~C/ (o 7.f"O Paving at r-0: U t2-7" -f Af ( u G
I Dollars per Ton
16 St;;ing at LS N/A ~.:>'"\O
I Ft..-r-z-y Bd L 1-fVYA-l3o
Dollars (Lump Sum)
I 17 Pedestrian Ramp per SDRSD 4EA !;J ...... a._t:;>
G-27 Type A at
(Includes Sidewalk between
le BCR & ECR)
JC; _,,,-IF-H Uu .Qi <>I'}
Dollars Each
I 18 Pedestrian Ramp per SDRSD 2 EA 40-° ~<LP
G-30 at
I J::et./ ,t_ Hr..d.d M 15 ,}
Dollars Each
I 19 Relocate Sewer Lateral Cleanout 1 EA 5.'<2..P ,":)-...C!.P
per CMWD S.D. S7 at re ~ -/t:,.CAJ o. ft. &n
I Dollars Each
20 Curb Outlet per SDRSD D-25 at 1 EA {,Q.Q_O }QR.D
I f) r.LEi-,#-Cof.4-J.J 9 /
Dollars Each
I 21 Surveying at LS N/A '~ at.1-1;: TY.t::-V .A.Al t} I __ ,,
I Dollars (Lump Sum)
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Approximate
•• Item Quantity Unit
No. Description and Unit Price Total
22 ~droseed at 8,615 SF e~fv 86 (. ~-o
I .EtJ ~\S
Dollars per Square Foot
I PARK DRIVE AND TAMARACK AVENUE
I 1 Traffic Control at LS ~QQ.o 3<2.a.o
1\\-~e---n\t).tSM.1'D
Dollars {Lump Sum)
I 2 Clear & Grub at LS <faQo .ff<2...0
~~l+T ,~ki)p
I = e;; t+, = '-' 'Dl~ D
Dollars (Lump Sum)
I 3 Tree Root Trimming and LS N/A I 8:o.o tiBarrier at i.:>1:>
\Cci~\SDtt'D
I Dollars {Lump Sum)
4 Grind Existing A. C. 322 SF /~4-o ~,;)--c;> .. fo
le Pavement 1 1/2" Deep at o~g-~LLA:L ~.
~ w e...E.~~
I Dollars per Square Foot
5 ~nclassified excavation at LS N/A (Q.RJ?
I NE: ~s.A--ND
Dollars (Lump Sum)
I 6 Curb and Gutter Removal at 194 LF ~ 9,0
'F~~r;;::
I Dollars per Lineal Foot
7 A. C. Removal at 20CY !'cz..o
I ~ITTt!t
Dollars per Cubic Yard
I 8 Salvage Street Sign Install 2 EA 15·--o 3(2_0
per SDRSD M-45 at
'U\\~ ~~~ Efi)'
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•• Approximate
Item Quantity Unit
No. Description and Unit Price Total
I 9 Relocate Wooden Bridge at LS N/A ,29=-£ Tl 1/e; l-+tl t:} p~
I Dollars (Lump Sum)
10 Salvage Mailbox Install per 1 EA (,5'0 ( .:>--..,o
I Detail Sheet 3 at
Q~~ H-flyj\)~p ¥l't:Jy
I Dollars Each
~{0 11 Relocate Water Meter Per 1 EA blO
I 9fWD S.D. W3 at ~
I~ tttlcl~t) ~
Dollars Each
I 12 Curb and Gutter per SDRSD 259 LF 12 3to<.f
G-2 Type G at
I (includes depressed curb
through driveway)
~EL.VS-
le Dollars per Linear Foot
13 Sidewalk per SDRSD G-7 at 1,295 SF 2. ~ :>'"'c;, 3 2--] 1 ~..:>'<?
I ~HLl-~~
Dollars per Square Foot
I 14 Driveway per SDRSD G-14 at 135 SF ] • ..)-.Q 4-72.. yO
~ :DE>\..t-kE!. s --D-FL P-T\f C.,e:lJ~
I DoUars per Square Foot
15 Pedestrian Ramp per SDRSD 1 EA JOO S'<ZP
G-27 Type A at
I (includes sidewalk between
BCR&ECR~
"ln "~ 'D!re,I2
I Dollars Each
16 Class II Aggregate Base at 110 TN l.f { '7:;"'(}
I ~1 rTe:-e~ ,
Dollars per Ton
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Approximate
Item Quantity Unit
No. Description and Unit Price
17
18
19
20
21
22
2-112" Class B-AR-4000 Base
Paving at
35TN b'
S7 I' )('. +:¥ Ct X
Dollars per Ton
1-1 /2" Class C2-AR-4000 Cap
Paving at tJ: r~ (n,k_
Dollars per Ton
23TN
Striping at LS
vµ 1z-0 tfuJ)/l, ~
Dollars (Lump Sum)
42" Wood Fence and Gate per 283 LF
Detail Sheet 2
V ~· 'l''::::?P:: L .s--~f eo
Dollars per Linear Foot
Surveying at
~'-f(trr l{--GWl>eej
Dollars {Lump Sum)
Hydroseed at
Te>r\J e <SIil r:t'
Dollars per Square Foot
LS
4,350 SF
NIA
NIA
o~(O
14
2,] ( 0
I I 2 7
TotaJ amount of bid in words: Jli.-~ ~~ --
Total amount of bid In numbers: $ 3:J~ S-6b · 3D ~~~
/ ~___,;(JI-~~
Price{s) given above are firm for 90 days after date of bid opening.
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. .
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15
The Undersigned agrees that in case of default in executing the required Contract with
necessary bonds and insurance policies within twenty (20) days from the date of award of
Contract by the City Council of the City of Carlsbad, the City may administratively authorize
award of the contract to the second or third lowest bidder and the bid security of the lowest
bidder may be forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor \Yithin the State of California, validly licensed
under license number 54,3 '1 & I ~ classification A which
expires on -'/-.30 ~ 9 2 , and that this sta~ement is true and correct and has the
legal effect of an affidavit. 5 } ?-'31 ·°' ~
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. § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law.
However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code § 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.
Accompanying this proposal is ~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.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
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16
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 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) 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.
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IF A CORPORA TION1 SIGN HERE:
(1) Name under which business is conducted
(2)
Impress Cor80ta1~ Seal here
(3) Incorporated under the laws of the State of t!aLc/;r nc,ci..,,
(4) Place of Business
City and State
(Street and Number)
t:.s::u:rndc da . {:H I
(5) Zip Code ___ 9,,_,61.__D __ · __ &,_"-/______ Telephone No.
NOTARIAL ACKNOWLEOGME-NT !)F EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation;
if a partnership, list names of all general partners, and managing partners:
m Dr e-t) f<_o.J, ':n t. _.A __ · '{' ____ e._S_t_d_e_n_f-______ _
• moe &l,~shi; V,ee &es1dea+
mB-e' f3e_l-i es t...t~ _Szar __ · _e_fa__r_c5 _____ _
mur~ ~rn 1' .....,/f_r_e._aLS_· f....l--,_.~_e_. r ______ _
1/29/96 ...
-CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF :5/9n l::>1d:go
On S: d3 , 9& before me,
DATE NAME, TITLE OF OFFICER· E.G., JANE DOE, NOTARY P UC"
personally appeared, rhDr eg Ka.../2e,,/?'7 L ~
personally known to me (e,r pro>;•od to me on tl"le basis of satisfactory evidene&) to be the person(~) whose name(s:.) is/.afe-
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~r authorized
capacity(i:&si, and that by his/hef.41:l.e.ir signature(:s:) on the instrument the person(~, or the entity upon behalf of which the
person(:8) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT ---------------------------
0 ATE OF DOCUMENT ___________ _ NUMBER OF PAGES _________ _
SIGNER($) OTHER THAN NAMED ABOVE _______ _
-
-
19
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS: DEVELOPERS
That we, CASTELLO, INC. • "' Principal, and INSURANCE COMPANY 'as
Surety a,e held and firmly bound unto the City of Carlsbad. California, in an amount as follows:
(must be al least ten percent (10%) of the bid amount) . TEN PERCENT (10%) for which
payment, well and truly made, we bind 01.uselves. our heirs. executors and administrators.
succv1&or& or assigns, jointly and severalty, firmly by these presents.
THE CONDITION OF THE FOREGOING 08LlGA TION IS SUCH that if the proposal of the above-
bounden Principal for:
MAGNOLIA AVENUf! AND VALLEY S'lREET
SIDeWALK PROGRAM
CONTRACT NO. 3391 "3
in the City of Carlsbad, ia accepted by the City Council, and if the Principal shall duly enter into
and execute a Contract including required bonds and Insurance policJes within twenty.(20) days
frQm the da1e of award of Contract by the City Council of the City of C.rl$bad, being duly
notified ot said award,.then this obligation shall become·nuH and void~ otherwise, it shall be and
remain in tun force and effect. and the amount specified herein shall be forfeited to the said City.
1/29/96
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In the evEint Principal execottd this b◊nd as an individual, it is ttgreea that the death of Principal
$lu1II not exonerate the Surwty from its obligation$ under this bond.
Ex111cuted by PRINCIPAL this .. 22ND _, . day
of .... _ ~y ___ . 19 9b
PRINCIPAL:
~ :...:-.>~ __ :;.:·
µ{1;-.h't)~r,-C+JTl5k-(f! {Ale_\
{Title and Organization of Slgnalory)
. 7nDe: /3ehesht,',--~
(print name here)
~r'e~Vc, . CmJ,ielio, JJnc .
(title and organiza10n or signlltory) '
Executed by SURETY this ZZND day
of--~Y · 1 19~.
SURETY:
DEVELOPERS INSURANCE COMPANY --'------~--·---••,---(narne of Surety)
17780 FITCH, SUITE 220
IRVINE, CA 92714
(address of Surely)
(714) 263-3300
(telephone number of Surety)
By: l~_· -·--,-----,,-~-··'-,.
(signature of Attorney-in~F . ~ . _
HELEN MALONEY, ATTORNEYt:;ffl-F !-GT..:.: ~\;;<?~:
(printed name of Attorney•in•Fact) :: · ~. -
(Attach corporate resolution showing current
power of attorney.}
(Proper notarial acknowledge of execulion by PRINCIPAL and SURETY must be attached.)
(Presiuent 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 seel empowering thal officer lo bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
1/29/96
CALIFORNIA ALL-PURPOSE.ACKNOWLEDGMENT
• State of--~~~~~~~~~~~~~~~~~~~~~~~-•
CALIFORNIA }
County of SAN DIEGO
On 5-22-96
DATE
JOHN G. MALONEY, NOTARY PUBLIC before me,-------------------NAME, TITLE OF OFFICER· E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared __ H_E_L_EN_MAL __ o_N_E_Y _______________ _
NAME(S) OF SIGNER(S)
[I personally known to me -OR -D 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 ac-
knowledged to me that he/she/they executed•
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
No. 5193
-OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute .does not require the Notary to fiU in the data below, doing so may prove
i.rwaluable to persons relying on the document.
0 INDIVIDUAL
□ CORPORATE OFFICER(S)
TITLE(S)
0 PARTNER(S) 0 LIMITED 0 GENERAL DI ATTORNEY-IN-FACT
□ TRUSTEE(S)
0 GUARDIAN/CONSERVATOR.
□OTHER: ______ _
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
K3NATURE OF NOTARY)
--------------OPTIONAL SECTION•--•------------THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
TITLE OR TYPE OF DOCUMENT __________________ _
NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
ST ATE OF CALIFORNIA
:-• COUNTY OF Sl9n b1 ~ju
before me, VD 19nn C!/lsP61?5e/l!J 71ci22.r_t1_ PU-bLc;_,
------NA~M-E-, r=-,T-LE_O_F_O.._.FF~,c-E-~r--: E-.G-.,-.. J-'---AN_E_D_O_~_..,._O_T_A_RY_P_U_BL-,c-.. ---~-
'
personally appeared, !Y)orefj R.Mln?t~ J _ 'Jn De Jf3ehes.h..£L.
,-.-. rsonally known to me f@ri;lro11eci te i:ne 91"l the basis of satisfactory e:riooA®0-) to be the person(s) whose name(s) i&'are
"'ubscribed to the within instrument and acknowledged to me that ~/they executed the same in Ri-sfR.er/their authorized
capacity(ies), and that by fl-i.sfR.er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(.)
~a-<', <'V~Yo' An~~~~~
·" Comm #1032170 " Cl ;',NOTAc:Y rusuc C.£\UFORNIA~' ::i: ' SAN DIEGO COUNTY 0
Comm ExprresJuly14, 1998 o4
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT ----------------------------
0 ATE OF DOCUMENT ------------NUMBER OF PAGES _________ _
SIGNER ( S) OTHER THAN NAMED ABOVE _____________________ _
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
N~ 30 9560
1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***JOHN G. MALONEY, HELEN MALONEY, MICHAEL W. THOMAS, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-ln-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of.Attorney is granted and.is signed by facsimile under and by authority of the_following resolutions adopted bythe respective Board of Directors of INDEMNITY
. COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY; effective as of September 24, 1986: ·· · . . . . .
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf oft.he corporation, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and t;>EVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 14th day of June, 1995.
INDEMNITY COMPANY OF CALIFORNIA
-
By_____,~~-~~~~
Walter Crowell
Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
ATTEST
By_!A/4~. --~~
Walter Crowell
Secretary
.On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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 to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature~ )
CERTIFICATE
1··································••;
•
C. V. BRINK i
.., COMM. #1036712 0 ~ NOTAR. Y ?UBUC -Cl,UFORNIA ~ ~ ORANGc COUNTY I i My Comm. Exp. Aug, 21, 1998 : ................................... .
ID--310 REV. (2/96)
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20
In the event Principal executed this bond as an individual, it is agreed that the death of Principal
shall not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this ___ day
of l 19 __ •
PRINCIPAL:
(name of Principal)
By: ____________ _
(sign here)
{print name here)
(Title and Organization of Signatory)
By: _____________ _
(sign here)
(print name here)
(title and organization of signatory)
Executed by SURETY this _____ day
of , 19 __ .
SURETY:
(name of Surety)
(address of Surety)
{telephone number of Surety)
By: ____________ _
{signature of Attorney-in-Fact)
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
(Proper notarial acknowledge of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI
Deputy City Attorney
1/29/96
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21
GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTOR'S BID• AND "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," "Bidder,• "Contract,• "Contractor,• "Contract
Price,• "Contract Unit Price,• "Engineer,• "Subcontractor" and "Work" and
the definitions in Section 1-2 of the Special Provisions especially "Own
Organization• and •Owner Operator/Lessee.• Bidders are further urged to
review the following sections of the Special Provisions 2-3.1 "General,• 2-
3.3 "Subcontractor Items of Work,• 2-3.4 "Owner Operators• and 2-3.5
"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 (0+0)/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 the form. If the Subcontractor does not have a valid
business license enter "NONE" in the appropriate space.
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.
1/29/96
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Bidder may, at its option, combine bid items on a single row in the chart
on the disclosure forms. If using this option the Bidder must indicate the
bid item numbers to which the information in the row pertains. This option
may not be used where the subcontractor or owner operator is
constructing or installing less than 1 00 percent of a bid item. The
percentages and dollar amounts may be the sums of the bid items listed
in that row.
When the Bidder proposes using a subcontractor or owner
operator/lessee to construct or install less than 100 percent of a bid item
the Bidder must attach an explanation sheet to the designation of
subcontractor or designation of owner operator/lessee forms as
applicable. The explanation sheet must clearly apprise the Agency of the
specific tasks, materials and/or equipment that are proposed to be so
supplied.
1/29/96
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DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR'S BID
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required. This form must be
submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct
information may result in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bid of the following listed subcontractors in
preparing this bid for the Work and that the listed subcontractors will be used to perform the
portions of the Work as designated in the list in accordance with applicable provisions of the
specifications and Section 4100 et seq. of the Public Contracts Code-"Subletting and
Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor
will be allowed to perform any portion of the Work and that no changes in the subcontractors
listed work will be made except upon the prior approval of the Agency.
Full Company Name:
J
Complete Address: ~ 7 Cft ,t ?> o /4+-~ ;}e.
Street
City State Zip
Telephone Number plus Area Code: {f I V 7 ~ 7 -6J'-a..D
California State Contractors License No. & Classification: _.!,GF---=6;__.;:3:.....9.:...· ..i.:bul~-----
Carlsbad Business License No.: _________________ _
I f\f ~)11--~ ~~---1-----=----1----u---..:...-+----t-.L.~-=---+-J-_3_8 --11
I ffr.ft. "tf '1, I
1,11-_:::_~-1-....,.,..---+-~~-+------11----t---1--.r.......--t------t--'-----,1 I )Yl:._ ...... :-+-..::::..::.,_----....J.---...::::;,..L---4----U-.!.-~r--:--~-+--=......r....--t--2_, ..;;...R--;,
ei1v { 0 I -~-11--2..:.,__f -i....-;;...........::.......:----'----&,----1~~;;;..__...+--=------t--. -3 ---11 .~· )~ (~ '.; (~~
I t11 ,,, :=J~
•• 1/29/96
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N~M~ D !-¼'# ••
\-~0 H~ I}(}. 9~ ~~ II C('f:JS-z._ I
2-~ (1~~ ~J1~ ~(!~ ll €77 J20 / I 3-A-ll'"'°r~ 4, r~ ~t>.-,;_o-0 1763N
-4_'vc;._+: ~~~ ~~ fo~d;,/o SJ1 /5,j . :
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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.
Full Owner Operator/Lessee Name: ___________________ _
Complete Address:
Street
City
Telephone Number plus Area Code:
OWNER OPERA TOR WORK ITEMS
State Zip
<aid<< ••··eid··prjccf /·······%of• .... <%of••>)•·· >e,d< .••. ~l~ > ••.• il<>f ) i 19! \
lt~rri/ c,fJtern lte~ ~y ••• T<>til > ·······•·······'·•·.tNeom··~····••.•········••.•· ) Price of ·•· Uem by Total No{ It> · .·····•···•···•·· .··•·.··< >OfQ <• :cdritract\ ·• L Jterfe ? f o+or Contract<
Page __ of __ pages of this form
1/29/96
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BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany ProposaQ
25
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked "CONFIDENTIAL."
1/29/96
CASTELLO, INC.
FINANCIAL STATEMENTS
VEARS ENDED JANUARY 31, 1996 AND 1995
,;; •
-
-
CASTELLO, INC.
BALANCE SHEET
JANUARY 31, 1996 & 1995
ASSETS
CURRENT ASSETS
Cash Checking Account
Accounts Receivable
Accounts Receivable Retention
Cost and Estimated Earnings in Excess
of Billing on uncompleted Jobs
Emploee Advances
Prepaid Expen.,;es
Prepaid Federal Income Tax
Prepaid St.ate Income Tax
Total Current Assets
PROPERTY AND EQUIPMENT
Trucks
Equipment Field
Furniture & Fixture
Accumulated Depreciation
Total Property and Equipment
OTHER ASSETS
Deposits
Investment
Total Other Assets
Total Assets
1996
$ 41,246.17
485,011.66
305,543.96
180,226.34
19,525.09
46,943.93
20,500.00
7,750.00
$ 1,106,747.15
72,813.76
162,719.15
25,537.27
261,070.18
(125,764.63)
135,305.55
6,000.00
2,325.00
8,325.00
$ 1,250,377.70
See Accountant's Review Report & Notes To Financial Statements
Exhibit ~A"
1995
$ 4,550.35
623,925.72
159,585.08
191,685.35
19,250.00
4,371.20
10,770.00
6,270.00
$ 1,020,407.70
95,719.94
146,398.57
20,523.61
262,642.12
(86,500.54)
176,141.58
3,685.00
2,325.00
6,010.00
$ 1,202,559.28
! l ' ' I I ' Ex.hibil "A• • CASTELLO, INC.
BALANCE SHEET ~
JANUARY 31, 1996 & 1995
LIABILITIES AND EQUITY
1996 .J995
CURRENT LIABILITIES
Accounts Payable $ 644,444.42 $ 588,646 . .57
Loan Payable Equip. & Auto s, 165.29 23,537.26
Loan Payable Banks 18,014.46 60,000.00
Payroll Taxes Payable 4,693.20 33,426.14
Billing in excess of cost 0.00 1,493.61
Accrued Expenses 8,069.00 11,192.11
Income Taxes Payable 19,924.00 22,720.00
Total Current Liabilities 700,310.37 741,015.69
LONG TERM LIABILITIES -Loan Payable Equip. & Auto
net of current portion 83,843.88 48,060.88
STOCKHOLDERS' EQUITY
Capital 71,000.00 71,000.00
Retained Earnings-Beginning 342,482.71 258,268.59
Retained Earnings-Current Year 52,740.74 84,214.12
Total Stockholder's Equity 466,223.45 413,482.71
Total Liabilities and Stockholder's Equity $ l.,'250,377.70 $ 1,202,559.28
See Acrountau!'s Review Report & Notes To Financial Stat,:ments
~ !
i CASTELLO, INC. Exhibit "B
f STATEMENT OF !NCOME
FOR THE YEAR ENDING JANUARY 31, 1996 & 1995
I I t 1996 .& 1995 %
SALES $ 5,605,351.39 100.00 $ 5,904,245.69 100.00
COST OF SALES:
Material 1,444,968.90 25,78 1,892,773.44 32.06
Labor 981,621.66 17.51 1,107,292.76 18.75
Equipment 141,279.12 2.52 63,646.38 1.08
Subcontractors 2,121,894.83 37.85 1,732,261.79 29.34
Outside Services 19,251.91 0.34 2,193.35 0.04
FayroH Taxes 108,003.12 l. 93 140,746.22 2.38
Workers Comp. Insurance 39,896.59 0.71 99,721.54 1.69
TOT AL COST OF SALES 4,856,916.13 86.65 5,038,635.48 85,34
GROSS PROFIT 748,435.26 13.35 865,610.21 14.66
GENERAL & ADMINISTRATIVE 697,679.46 12.45 750,139.19 12.71 -.. --~ • NET OPERATING INCOME 50,755.80 0.91 115,471.02 1.96 ---
OTHER INCOME (EXPENSES)
Refunds/ Rebates 7,722.65 0.14 0.0-0 0.00
Rental Income, net 14,692.39 0.26 0.00 0.00
Interest Income 850.92 0.02 735.53 0.01
Income (Loss) on Sales of Assets (1,357.02) (0.02) (9,272.43) (0. 16)
Total Other Income (Loss) 21,908.94 0.39 (8,536.90) (0.14)
NET INCOME BEFORE INCOME TAX 72,664.74 1.30 106,934, 12 1.81
INCOME TAXES
State Tax 6,758.00 0.12 8,360.00 0.14
Federal Tax 13,166.00 0.23 14,360.00 0.24
TOTAL INCOME TAXES 19,924.00 0.36 22,720.00 0.38 -······-~-·--·······
NET INCOME $ 52,740.74 0.94 $ 84,214.12 1.43
•
Sec Accountant's Review Report & Notes to Financid Statements
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BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
26
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
< ~.rt ~eaL
1/29/96
• General Engineering Contractors 457 Corporate Drive
Escondido, CA 92029
(619) 747-6500
-
PUBLIC WORKS CONTRACTS
AS OF MAY 1996
Highway Planting in· San Diego from 30th Street Pedestrian
Overcrossing to J Street Overcrossinq, 111-169234
Tom Browne, Resident Engineer
State of California, Department of Transportation
Opportunity Road, San Diego, CA 92111
Phone: (619) 688-3310
Contract Amount: $543,747
Estimated Completion Date:
Highway Planting in San Diego from O. 7 mi W of Woodman Street
Overcrossing to 0.6 mi E of Briarwood Road Overcrossing, 111-010334
Tom Browne, Resident Engineer
State of California, Department of Transportation
Opportunity Road, San Diego, CA 92111
Phone: (619) 688-3310
Contract Amount: $917,808
Estimated Completion Date: 3/98
Martin Luther King Promenade/Santa Fe Right of Way, IK96-058RD
Gary Bosse, Resident Engineer
Centre City Development Corporation
Redevelopment Agency of the City of San Diego
225 Broadway, Suite 1100, San Diego, CA 921015074
Phone: ( 619) 533-7138
Contract Amount: $626,527
Estimated Completion Date: 6/96
Construction of Children's Park, Phase II, Marina Sub Area
#K96012RD
Gary Bosse, Resident Engineer
Centre City Development Corporation
Redevelopment Agency of the City of San Diego
225 Broadway, Suite 1100, San Diego, CA 92101-5074
Phone: (619) 533-7138
Contract Amount: $2,117,894
Estimated Completion Date: 6/96
Alpha Street, Phase II, Public Improvements Project
Carolyn Harshman,Sr. Project Mgr
Southeastern Economic Development Corporation
City of San Diego
930 Gateway Center Way, San Diego, CA 92102
Phone: ( 619) 236-6039 ·
Contract Amount: $1,158,294
Estimated Completion Date: 6/96
__________________ Lic.#563961 _________________ _
-
-
El Norte Parkway Improvements, County of San Diego, Activity #
UJ1391
Matthew Brady, Resident Engineer
County of San Diego, Department of Public Works
5555 Overland Avenue, MS-090, San Diego, CA 92123
Phone: (619) 694-3058
Contract Amount: $783,470
Estimated Completion Date: 11/96
Construct Soundwall -Eastbound, National City,
Sweetwater Road Overcrossinq to 0.1 mi W of Reo Drive
fll-002104
Department of Transportation, District 11
P. o. Box 85406, San Diego, CA 92186-5406
Phone: (619) 688-6094
Contract Amount: $595,456
Estimated Completion Date: 4/96
0.1 mi E of
Overcrossing,
-
-
General Engineering Contractors COMPLETED PUBLIC WORK PROJECTS
Bonita Road Widening, STM-312
Byron Wade, Project Inspector
City of Chula Vista
276 Fourth Avenue, Chula Vista, 92010
Phone: (619) 691-5021
Contract Amount: $385,936
Completion Date: 11/95
CONSTRUCTION OF LIBRARY WALK
University of California, San Diego
M. Boone Hellman, Assistant Vice Chancellor
Facilities Design & Construction
9500 Gilman Drive-0916
La Jolla, CA 92093-0916
Phone: (619) 534-4363
Contract Amount: $1,935,408
Completion Date: ·3/96 (Maintenance)
.457 Corporate Drive
Escondido, CA 92029
{619) 747-6500
HIGHWAY PLANTING, BIRMINGHAM DR. TO ENCINITAS BLVD. #11-103614
Department of Transportation, District 11
P. o. Box 85406, San Diego, CA 92186-5406
Phone: (619) 688-6094
Contract Amount: $794,378
Completion Date: 05/95 (Maintenance)
Construct Soundwall -Westbound, National City, 0.5 mi W of Reo
Drive Overcrossing, 111-005604
Department of Transportation, District 11
P. o. Box 85406, San Diego, CA 92186-5406
Phone: (619) 688-6094
Contract Amount: $188,573
Completion Date: 09/95
Alga Road, South Side Improvements, Between Mimosa Road & El Camino
Real, #3428
Don Moore, Project Inspector
City of Carlsbad
2075 Las Palmas Drive, Carlsbad, CA 92009-1576
Phone: (619) 438-1161
Contract Amount: $181,016
Completion Date: 11/95
RENOVATE LANDSCAPING NAS MIRAMAR HOUSING, NAS MIRAMAR, SAN DIEGO
#4141
Navy Public Works
Chuck Greenan/Don Hough
ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191
Phone: 537-6313
Contract Amount: $157,000
Completion Date: 6/95
_________________ uc.#563961 ________________ _
-
-
LANDSCAPE TIERRASANTA BLVD/SANTO RD, MURPHY CANYON HOUSING PH II
#5066 Navy Public Works
Chuck Greenan/Don Hough
ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191
Phone: 537-6313
Contract Amount: $213,034
Completion Date: 6/95
CONSTRUCTION OF ENCANTO PARK
City of San Diego, Purchasing Department
Abi Palaseyed, Resident Engineer
9485 Aero Dr. -MS18, San Diego, 92123
Phone: (619) 627-3232
Contract Amount: $348,615
Completion Date: 5/95
LANDSCAPE & SITE IMPROVEMENTS, 31 PUBLIC HOUSING SITES
San Diego Housing Commission
9541 Ridgehaven Court
San Diego, CA 92123
Phone: (619) 573-1473
Contract Amount: $1,074,695
Completion Date: 5/95
LANDSCAPE AND IRRIGATE THREE EXISTING BALLFIELDS, MURPHY CANYON
HSG, SAN DIEGO, CA #4142
Navy Public Works
Chuck Greenan/Don Hough
ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191
Phone: 537-6313
Contract Amount: $257,900
Completion Date: 4/95
CONSTRUCT TOT LOT AND PICNIC AREA, BAYVIEW HOUSING, SAN DIEGO
#4370
Navy Public Works
Chuck Greenan/Don Hough
ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191
Phone: 537-6313
Contract Amount: $284,371
Completion Date: 4/95
REHABILITATION OF 4131 MARYLAND ST.
San Diego Housing Commission
Dan Turpin, Technical Services Specialist
9541 Ridgehaven Court, San Diego 92123
Phone: 573-1473
Contract Amount: $1,234,895
Completion Date: 1/95
-
-
LANDSCAPE TIERRASANTA BLVD/SANTO RD, MURPHY CANYON HOUSING ~1073
Navy Public Works
Chuck Greenan/Don Hough
ROICC South Bay, PO Box 368039, San Diego, CA 92136-5191
Phone: 537-6313
Contract Amount: $131,195
Completion Date: 1/95
CONSTRUCTION OF LAUDERBACH PARK
City of Chula Vista
276 Fourth Ave., Chula Vista, CA
Phone: (619) 691-5074
Contract Amount: $128,737
Completion Date: 10/94
92010
MODIFICATION TO IMPROVE ACCESSIBILITY AT VARIOUS PUBLIC HOUSING
SITES
San Diego Housing Commission
Mr. Dan Turpin, Technical Services Specialist
9541 Ridgehaven Court, San Diego, CA 92123
Phone: (619) 573-1473
Contract Amount: $355,288
Completion Date: 07/94
CONSTRUCTION OF TECOLOTE SHORES ACCESSIBLE PLAY AREA
City of San Diego, Purchasing Department
Regan Owen, Resident Engineer
9485 Aero Dr. -MS18, San Diego, CA 92123
Phone: (619) 627-3241
Contract Amount: $629,785
Completion Date: 06/94
IRRIGATION UPGRADE AUTOMATE IN.SAN DIEGO COUNTY IN SAN DIEGO & LA
MESA #11-189864
Department of Transportation, District 11
P.O. Box 85406, San Diego, CA 92186-5406
John Hurtzig, Resident Engineer
Phone: (619) 688-6094
Contract Amount: $349,044
Completion Date: 07/94
SAN CARLOS STREET MEDIAN
City of San Diego, Purchasing Department
Alberto Paiva, Resident Engineer
9485 Aero Dr. -MS18, San Diego, CA 92123
Phone: (619) 627-3241
Contract Amount: $ 87,400
Completion Date: 07/94
-
-
SECURITY IMPROVEMENTS AT VARIOUS PUBLIC HOUSING SITES
San Diego Housing Commission, Steve Snyder, Technical Manager
9541 Ridgehaven Court, San Diego, CA 92123
Phone: (619) 573-1473
Contract Amount: $178,553
Completion Date: 07/94
CONSTRUCT PARK & RIDE, NORTH COUNTY FAIR OVERCROSSING, ESCONDIDO
ill-095154
Department of Transportation, District 11
P.O. Box 85406, San Diego, CA 92138-5406
Mr. John Isaak, Resident Engineer, CalTrans
Phone: (619) 688-3194
Contract Amount: $508,575
Completion Date: 06/94
DOWNTOWN SIDEWALK IMPROVEMENTS
City of Oceanside, Engineering Department
Mr. Harry Corder, ,Project Manager
300 North Hill Street, Oceanside, CA 92054
Phone: (619) 966-4731
Contract Amount: $ 310,015
Completed: 07/94
CONSTRUCTION OF SUNNYSLOPE NEIGHBORHOOD PARK, PHASE II
City of San Diego, Purchasing Department
Mr. Ali Delalat, Resident Engineer
9485 Aero Dr.-MS18, San Diego, CA 92123
Phone: (619) 627-3234
Contract Amount: $301,249
Completed: 06/94
IMPROVEMENT SAN YSIDRO BLVD. SMYTHE AVE.
City of San Diego, Purchasing Department
Mr. Matt Souttere, Resident Engineer
9485 Aero Dr. -MS18, San Diego, CA 92123
Phone: (619) 627-3234
Contract Amount: $287,080
Completed: 06/94
CONSTRUCTION OF CANYONSIDE COMMUNITY PARK -CHILDREN'S PLAY AREA
City of San Diego, Purchasing Department
Mr. Michael Ninh, Resident Engineer
9485 Aero Dr. -MS18, San Diego, CA 92123
Phone: ( 619) 627-324 7
Contract Amount: $58,500
Completed: 06/94
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BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS'
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
27
1/29/96
~
AtitHHt .. CERTIFICATE OF INSURANCE CSA CK DATE (MMIDOIYY)
Pl'IO~
CASTEll 04/23/96
THIS CERTIFICATE lS ISSUED AS A MATTER OF INFORMATION
Assoc ./HRH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Granger-Hanna IM, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
• imberly Avenue, Ste • 200 AL TEA THE COVERAGE AFFOAOl'iD BY THE POLICI.ES BELOW.
· ntia CA 92670 COMPANIE~_AFF_ORDING COVERAGE ['.: -------·
COMPANY
714-579-2929 Fax No. A Pacific Insurance Company Phone No. ·-INSURED COMPANY
B
. -
COMPANY
Castello, Inc. C
457 Corporate Dr. ------·
COMPANY Escondido CA 92029 D
COVERAGES .....
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE .INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. N01WITHSTANOING 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.
EXCLUSlONS AND 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 (MMIODfYY) DAlE (MM/00/'YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, 000 _____ . ,__
A X COMMEACIAl GENERAL UABIUTY Zl0002868 10/25/95 10/25/96 PROOIJCTS • COMP/OP AGG s l,000,000
1--n Ct.AIMS MADE m OCCUR
·-··
PERSONAL & ADV INJURY $1,000,000
OWNER'S & CONTRACTOR'$ PROT EACH OCCURRENCE s 1,000,000
i---. -····
FIRE DAMAGE (Any one fire) s NOT COVERED i---..
MED EXP (Any one person) s NOT COVERED
AUTOM081LE LIABILITY ,__ COMBINED SINGLE LIMIT $
ANY AUTO -ALL OWNED AUTOS BODILY INJURY i---(Per p<1rll0n) $
SCHEOIJLED AUTOS 1--
! -= HIRED AUTOS BOOIL Y INJURY (Per accident) $
NOO-OWNED AtJTOS . -~~-~ . ··----'
-· PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ -.,,-..
ANY AUTO OTHER THAN AUTO ONLY; ---··
EACH ACCIDENT s -AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE s 1,000,000_
A ~ UMBRELLA FOAM TJ0001446 10/25/95 10/25/96 AGGREGATE , 1.000,000
OTHER THAN UMBRELLA FORM ;S
WORKERS COMl'>EHSATION AND I STATUTORY LIMITS
EMPLOYERS' LIABILITY --.---.-.,.---·
EACH ACCIDENT $
R::L . --· THE PROPRIETOR/ 04SEASE · POUCY LIMIT $ PARTNERS/EXECUTIVE --.. -~----
OFFICERS ARE; DISEASE · EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERA TlONS/LOCATIOffSNEHICLES/SPECIAL ITEMS
30 DAY NOTICE OF f LLATION EXCEPT 10 DAYS FOR NON-PAYMENT Of PREMIUM SEE ATTACHED.ADDI L INSURED E'OORSEMENT, RE: MARTIN LUTHER K PROMENOADE SANTA FE RIGHT OF WAY, AC9600656, BID I K96-058RO ·
CERTIFICATE HOI OFR. CANCELLATION
31 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE -EXPIRATION El.ATE THEREOF, me lSSUING COMPANY WILL l!WD!ll<YOH -m'MAIL
2Q.._ DAY'S WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE LEFT,
,61/'f FAILURE Te MAil e11et ! NO'l'teE 911ittLL IMl'O'SE NO O!IU<)ll<TION 01'1 Ll1<81U'!"l' -
•8F AN¥ ~IPl.81,;JPQN :i:IIE.G8MPAN¥1 l+i' AQEN:;:&.OR-RliPRe$1i~TATIVi$.--
ACORD 25-S \.>/~.>J
'"'"°~";,~· AJ-•IJ¾◄ ---@ACORD CORPORATION 1993 . 1.,/
ST ATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
-FUND CEF_tTIFICATE OF WORKERS' COMPENSATION INSURANCE
.J V NE 1 7.,,, NUIMtjt::H:'---NIT COO 11 o 5
.., ~ , ... :' : ...
: ; , [fr:Jr~t:; :~.; R (s ~:p;.J i?· ... ·.· . .·
t· ;:).~·-"}'t;:~~:i}~; .. s ~ 2ii1;'t(~ks!: s·1
-·-l
~
.. VALLEY ST.
AN K DR., SIDEWALKS
L : .,PROJ.,_;CJ ,-.~.~---3391~3. '•"-:::-·,.
.,This is to certify that we have issued a valid Workers' .Compensation insurance policy in a form approved by the California
Insurance CorTlmissi.oner to the e~ployer named below for the policy p,eriod indicated .
. . ·1• •·.-..,, .. ·J••· "· ·-·· •. ,;.;.... __ . . .• r. .. . . ~ .. : .. : .. ·:_~---,-.-~-~~~~-:---~--~ . -.. ·•. __ ,._. ·_·3 :;.,.f· .. ,;,_ -., ...... ·_t:: ,•·:--.• -~---. -·• -
' ':'This policy is not subject to cancellation by the l=und except' upon~~rraays' advance written notice to the employer.
3 :) -~ -. . '. . '
We will also give youxfjfN·-days' .. ~qvance notice should this policy be cancelled prior to its normal expiration. ·• ..
·•: ·'··,'-.•·
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect. to which tl:]is certificate of insurance· may be issued or may pertain, the insurance afforded by the policies
described herein is $Object to all the t~rmsi e>:<clusions;an.d conditions of
_;:{'.:·::.\>·. . ..
•;7~~~+
AUTHORIZED REPRESENTATJVE .. •· --.
tMPLOYER'S LIA5IL£rv LIM!T~I~
<~/:: ./?>>+
1!t~~
.·.·.•· ARESlO'l='NT · .::: .. :'J\tt ·>> "•-?·./'
411spt1,;tGo: ? e R o ccu RR f u c ;:
~ N 60 RS F. ij'f' t..T # 2 0 6 5 E NT r T L c D CE R T ! Fl C AT E . H O Lo E P. s"~ N OT I C E E F F EC T l V E
04/01/90 IS ATTACHED TO AND FO~MS A PART-OF THIS POLICY •
.., . ... -·c, ... :
L
_ THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND sc1F 102s2(REV. iJ-95}
CENTURY-NATIONAL INSURANCE COMPANY POLICY NO,: BAP~67711
BUSINESS AUTO POLICY -ENDORSEMENT
, '', N·' , ... ._/PAGE, . <'.·, i l.i J.
NlsMED INSURED' S BUSINESS CONTRACTORS I "\"1',' ~ ".lt.J ;:-,. BROKER NO. 981-1826
Policy covers FROM 10.v7 AM ON 11/10/1995
~NDORSEMENT EFFECTIVE DATE 1 04/25/1996 FROM l0:12 AM
Insured: DBA: CASTELLO INC. M.RAHIMI & M. BEHESHTI 457 CORPORATE DRIVE. ESCONDIDO, CA 92029
Broker, WHITCOMB SURPLUS LINES BROKERS 109 W TORRANCE BLVD. #101 REDONDO BEACH, CA. 90277
10
-=~====,==========================================-·~----
•
1\DDITIOHAL INStTF.i:m ENDORZEMEUT
IT IS AGREED THAT INSURANCE AFFORDED BY THE ABOVE POLICY SHALL APPLY TO
THE PARTY (S) NAMED BELOW, A:S THEIR INTERESTS MAY APPEAR BUT SHALL NOT
OPERATE TO INCREASE THE LIMITS OF THE COMPANY 1 S LIABILITY .
ADDITIONAL INSURED
CN 2 2 4 ( 3 / 92 )
,ae Printed: 05/16/1996
19'ig Mampourian
" CN) CENTURY-NATIONAL INSURANCE COMPANY POLICY NO.: BAP-67711
V BUSINESS AUTO POLICY -ENDORSEMENT
,·,N· ,..,.uPAGE: .c',l (.i J.
NI-MED INSURED' S BUSINESS : CONT'.RACTORS
-CY PERIOD: Policy covers FROM 10.u7 AM
BROKER NO., 981-1826
ON 11/10/1995 ).:scomL·-), . _ :
TO ll/10/1996 (6JOJ 743_l')Q? _ Fax 'j,~J-~~SEMENT NO.,
ENDORSEMENT EFFECTIVE DATE: 04/25/1996 FROM 10:12 AM
Insured: DBA: CASTELLO INC. M.RAHIMI & M. BEHESHTI 457 CORPORATE DRIVE.
Broker: WHITCOMB SURPLUS LINES BROKERS 109 W TORRANCE BLVD. #101 REDONDO BEACH, CA. 90277 ':, ESCONDIDO, CA 92029
1'.DD!TIONAL !NSTJP.E:D ENDO:RDEMEN'T
IT IS AGREED THAT INSURANCE AFFORDED BY THE ABOVE POLICY SHALL APPLY TO
THE PARTY (S) NAMED BELOW, AS THEIR INTERESTS MAY APPEAR BUT SHALL NOT
OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY.
ADDITIONAL INSURED
$100.00
SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB},
SAN DIEGO TROLLER, INC. (SDTI),SAN DIEGO AND ARIZONA EASTERN
?J..ILnAY COMP. ( SI;&AE) , SA..~ DIE.;o Alw :G•iPERIAL VALLEY AA:i:LRvAD
(SD&IV) AND .SAN DIEGO TRANSIT CORPORATION (SDTC}.
1255 IMPERIAL AVE. STE.#1000
SAN DIEGO, CA. 92101-7490
CN 224 (3/92)
.-,e Printed: 05/16/1996
.. ig Mampourian
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BIDDER'S STATEMENT RE DEBARMENT
(To Accompany Proposal)
28
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
✓
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
1/29/96
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State of California
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
)
County of -S,q/) b,~c>
) ss.
)
' _Th __ D_r_e_t_,_{.....;...~_J_'L_l_-.n_·_u: __ " __ , being fir~t duly sworn, deposes
(Name of Bidder) /)
and says that he or she is rre.stdenr
(litle)
of <!a.sl::e t lo i..O n<! ,
(Name ot Firm)
29
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 ~ry that the foregoing is true and correct and that this affidavit was
executed on the ~ a /l day of '--rnC½:j , 19 ~
hJ ? '1ff '-~ Q Subscribed and sworn to before me on the _c::>(_v_-__ day of _---.:~:....;..~__;;,i:....---• 19 ~
(NOTARY SEAL)
1/29/96
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CONTRACT-PUBLIC WORKS
This agreement is made this J/# day of ~-, 19 f6 , by and
between the City of Carlsbad, California, a municip ~ ration, (hereinafter called "City"), and
CASTELLO INC whose principal place of
business is 457 CORPORATE DRIVE, ESCONDIDO CA 92064
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
MAGNOLIA AVENUE AND VALLEY STREET
SIDEWALK PROGRAM
CONTRACT NO. 3391-3
(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.
4.
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.
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
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 .
1/29/96
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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 whetherthe 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 paymenr 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 Formu) 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 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.
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 .
1/29/96
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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 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. 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 or the City
Council 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 insured .
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34
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, 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) "Cl.AIMS 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 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 .
1/29/96
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(E} DEDUCTIBLES AND SELF-INSURED RETENTION (S.1.A.) LEVELS -Any deductibles
or sett-insured retention levels must be declared to and approved by the City. At the
option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retention levels as respects the City, its officials and employees; or the
contractor shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expenses.
{F) WAIVER OF SUBROGATION-All policies of insurance required underthis 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 fumish 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 behatf. 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 a.II 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 ~., 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. t(Zf __
I have read and understand all provisions of Section 13 above. lnffiar
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:
CA-.STb?,lO • /AIC ~
(name of Contractor} · '
By: ~.Jc-:
/-11 p.e, 15 Y .iA flp1 t / 1)t2,.p ll tJ tsu r
(print name/title) -,' J) ~
By:~'6~•
(sign here) ~
(print name/title) ,,
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
JANE MOBALDI
Deputy City Attorney
1/29/96
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-CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
'
COUNTY OF ~a J:>1':30
On 1-6-q~ before me, __ ~_To--'---;CJ."'--a,.,.a_,__-=~.,_/1"'""'S"'""P._',!;c __ tf'"'""'--"'5-"'e-'-"/l/-,.--_r;_._o_i_ar_!:f..,....,__H_U_u..e,_~ __ _
NAME, TITLE OF OFFICEf'i"-E.G., "JANE DOE, kbTARY PUBLIC" OATE
personally appeared, 7?2oe J8-e.Aes/2_tL-'
personally known to me (e-F-J3-Foi.rcd to me on ti 1e basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
n~10~ 1/1 NOTARY PUBLIC SIGNATURE
(SEAL)
OPTIONAL INFORMATION
Jo /l1nn Ca.spersens;
Comm #1032170 ~ TARY PUBLIC CAUFORNI
D!EGO COUNTY
Comm Expires July 14. 1998 _.
TITLE OR TYPE OF DOCUMENT __________________________ _
UATEOFDOCUMENT ___________ _ NUMBER OF PAGES _________ _
SIGNER(S) OTHER THAN NAMED ABOVE _______________________ _
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF 6An ~l~o
On &-i<fl-90
DATE
before me, ----"-~__,_ ___ U_a_,s'--e_r_s_en_+--_M_o_i._a ___ r-1--_!1._u_--.b_G_~_: _
NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY BLIC"
personally appeared, /?7()-uZt( ~
oer son;:i11y known to me (ot:ornvee to r-:i;:ie ontt=ie basis or salisfactory evidence) to be the person~ whose name(~ is/.ara
·:,ubscribed to the within instrument and acknowledged to me that hershcithey executed the same in his/19er/tfleir authorized
capacity(J:8&). and that by his/h@r/thoir signature~) on the instrument the perso~. or the entity upon behalf of which the
person($) acted, executed the instrument.
WITNESS my hand and official seal.
{Jll~✓~~ 7 1
OTARY PUBLICIGNATUAE
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
~ A. -<>:.-:-:::'>-,~ Jo Arm Caspersen~
Comm 1'!1032170 ,...
OT ARY PU3UC CALIFO.P~l\!!A~
SAN DIEGO COUNTY H
Comm. Expires July 14, 1998 ..A
----------------------------
U ATE OF DOCUMENT ___________ _ NUMBER OF PAGES -----------
SIGNER1S1 OTHER THAN NAMED ABOVE ----·------__________ _
,,
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EXECUTED IN TRIPLICATE
BOND NO. 421819P 3e
. NUfUM'INC~µ~ lij, .. rf;I,fQ.R.!_~CE BOND .
LABOR AND MATERIALS BOND . .
WHEREAS, the City Council of the City of Carlsbad. State of California, by Resolution
No. 96-2011 • adopted JUNE 111 1996 has awarded to
CASTELLO I NC (heNinafter
ck,signated as the •Principar), a Contract for:
MAGNOLIA AVENUe AND VALLI!Y STREET
SIDEWALK PROGRAM
CONTRACT NO. 33914
in the City of Cartsbad, "in· •tri~ conformity with the· drawings and specfflcatlons, and other·
Contract Documents now on fife In the Offiee of the City Clerk of the City of~ wed .at of ·
which are incorporated herein by this reference. · ·
WHEREAS. Principal has exeouted or is about to execute said Contract and the terms thereof
require the fumishing of • bond, providing that if Principal or any of their au~ ehalt
fail to pay for any materials, provisions, provender or other supplies or teams U$ld In. upon or ·
about the performance of the work agreed to be done. or for any work or labor done the...on
of any kind, the Surety on this bond will pay the same to the extent hereinafter Nt forth.
NOW. THEREFORE, we. CASTELLO INC ' ..
Principal, (hereinafter deelgnated as the "Contractor"), and DiY&U,OPERS INSURANCE' COMP .AWJII
Surety. are held firmly bound unto the City of Carlsbad in the sum of ONE · ROAbR!ts ·
SEVENTY NIN§ THOUSAND SEVEN HUNDRED EJOHTY THREE•·, 15/001 ~ .OiiU.. : .
($ 17 , • ), said sum being fifty percent (eio'M of th4t istlmii4!KI ~-payllble
by the City of Caiii6ad under the tenns of the Contract, for which payment-~l;.,-.d t,:uly to be•
made we bind ourselV95, our heirs, executors and admlnistraton9t successons, or uslgns. jointly
and severally, firmly by these presents. ·
THE CONDITION OF THIS OBLIGATION IS SUCH that if the 119rson or his/her subcontractors
fail to pay for any materials, provisions, provender, supplies, or teams u.nd Ira .. •.· .. uu.po .ri n, fo. . r, or
about the performance of the work contracted to be done, ·or tor any other work o,:labotthereon
of any kind, or for amounts due under the Unemployment Insurance Code Witl1 --~ to sµch
work or labor, or for any amounts required to be deducted. withheld, anct~ Qver.to.othe ...
Employment Development Department from the wages of employNS of·the.oontrador-.ncf··.
subcontractors pursuant to Section 13020 of the UMmployment lnsunln08 Code with N8pee;lt3
to such work and labor that the Surety wlfl pay for the same, not to exceed -tl:le aum·.~·•
in the bond. and, also, in case suit is brought upon the bond, coats and AIUO~, ~nses
and fees, Including reasonable •ttonwy's f••, to be fixed by the oourt, u required ~y the
provisions of Section 8248 of th• California Civil Code. · . .
This bond shall lnure to the benefit of any and all persor\t, companies and oorporaliona ernltled
to file claims under rstl• 15 of Part 4 of Division a of the Civil Code (commencing with Sectio., ·.
3082).
Surety stipulates and agrees that no change. extension of time, alteration or addition to the ·
te"11$ of the Contract. or to the work to be performed thereunder or the.· ~cations
accompanying the sam9 snail affeot its obligations on this bond, end it does her$bywalvtl ~ ...
of any change, extension of time. alterations or addition to the terms Qf the contract or to .the
work or to the $peciflcations. ·
1/29/96 .•
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. In the event that Contraetor is an Individual, it is agreed that th• death of any such Contractor
shall not exonerate the Surety from its obllgatlons under this bond.
Executed by CONTRACTOR this l 7TR
day of JUNE , 19 9e.
CONTRACTOR:
CASTELLO, INC.
(name of COntractor)
Sy:~~ (sign here . . . · .,
(print name, here)
: ~ : ~ P/'e::uden-6 C4?tefc'.o fJo<?.
(titl•. jnct organization of signatory)
By.~~
(sign hero)
«
(print name here}
-Sea rel·a_irli. fu6t~ Llo JJ n ('.
(title and org lien of signatory)
17TH Executed bySURElYthl$ __ ~-•Y
of JUNE , 19 96. .
SURETY:
DEVELOPERS INSURANCE COMPANY
(name of Surety)
17780 FITCH, SUITE 220
IRVINE, CA 92714
(addret,$ of Surety)
(714) 263-3300
(telttphone manber of Surety)
H&l,EN MALONEY . , ✓(
(printed name of A\torney..in.Fact) 5 >' . , : •
_/ ,--. -~
{attach corporate reeolutlon ehowing ourrent
power of· attorney)
(Proper notarial acknowledge of execution by CONTRACTOR alld SURETY must be attached-)
(President or Vice-president and secretary or assistant MCretary 111.ist aign for oorporations. If
only one offteer signs, the corporation must attach a resolution certified by. the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVEO AS TO FORM:
RONALD R. BALL
City Attorney
. U/J-/4ut By:
=MOBALOI y City Attorney
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1/29/98
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT -
-,.ATE OF CALIFORNIA
COUNTY OF San Diego
6/18/96 before me, __ J_o_A_n_n_c_a_s_p_e_r_s_e_n_, _N_o_t_a_r_y_P_u_b_l_i_c _______ _
DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared, · Morey Rahimi
personally known to me (oi-~~~~~~~18:fa<§~~~) to be the person~) whose name(:s:) is/x~
subscribed to the within instrument and acknowledged to me that he/SRoo'~y executed the same in his/bfoo'jb]iir authorized
capacity(i'e:&), and that by his/hlltxtkaiixsignature(g:) on the instrument the person~). or the entity upon behalf of which the
person(f) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Jo Ann Caspe!sens:
Comm #1032110 G)
OTARY PUBLIC CALIFORNIAO
SAN DIEGO COUNTY
Comm ExpiresJuly14.1998 _.
OPTIONAL INFORMATION
TlTLE OR TYPE OF DOCUMENT _____________________ _
DATE OF DOCUMENT __________ _
.... ~~ .
NUMBER OF PAGES _______ _
.,IGNER(S) OTHER THAN NAMED ABOVE __________________ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFOUIA
County of SAN DIEGO }
On 6-17-96 before me JOHN a,. MALONEY, NOT.AllY PUBLIC
DA TE I NAME, TITLE OF OFFICER -E.G., "JANE DOE, NOTARY PUBLIC" . '
personally appeared_B_EL_II __ MW>N....,.· __ .. _·_BY ________ _;_ _ _;,_ ______ .,
NAME(S) OF SIGNER(S)
~ personally known to me -OR -D 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
· capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
No. 5193
-OPTIONAL SECTION-
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data.below, doing so may prove
invaluable to persons relying on the document.
0 INDIVIDUAL
□ CORPORATE OFFICER(S)
TITLE(S)
□ PARTNER(S) B LIMITED
GENERAL
~ ATTORNEY-IN-FACT
□ TRUSTEE(S)
□ GUARDIAN/CONSERVATOR 0 OTHER: ______ _
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
--------------• OPTIONAL SECTION iiiiiiiiii11111111 ____ _. _____ _
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT __________________ _
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _
Though the data requested here is not required by law,
It could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE ________________ _
CALIFORNIA ALL .. PURPOSE ACKNOWLEDGEMENT -
STATE OF CALIFORNIA
COUNTY OF __ ..,,S..,.A,.,..N...__..Q...,.S ... I ..... G"""o,___ __
personally appeared, 'Moe Behesht i
personally known to me {arqai10mditaune~~M~~dtrlf::i:Ydtoo~ to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the!r authorizeo
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which it,e
person(s) acted, executed the instrument.
~TNESS my hand and official seal.
~Li~ OTARY PUBUCSIGNATURE (SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT -----------------------·-,.···-·-...
OATE OF DOCUMENT __ ~---------NUMBER OF PAGES _________ _
SIGNER(S) OTHER THAN NAMED ABOVE _____________________ _
POWER OF ATTORNEY OF
INDEMNITYCOMPANY OF CALIFORNIA
AND DEVELOPERS.INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
1. All power and authority herein granted shall in any event terminate on the.31st day of March, 1999,_
2. This Power of Attorney is void if altered. or if any portion is erased.
N~ 309639
3. This Power of Attorney is void. unlesS the seal is readable, the text is in brown ink, tt1e. signatures are in blue ink and. this notice ii} in red. ink.
4. This Power of Attorney should not be returned to the Attorney{s)-ln-'Fact, but should. remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CAL1FORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
***JOHN G. MALONEY,HELEN MALONEY, MICHAEL: W. THOMAS, JOINTLY OR.SEVERALLY***
the true and lawful Attorney(s)-ln°Fact, to make, execute, deliver and acknowledge, for and. on behalf of said corporations as sureties, bonds, undertakings and contracts of.suretyship
in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attomey(s)-ln-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attomey(s)-ln-Fact, pursuant to these presents,· are. hereby ratified and confirmed;
--·.
Th.is Power of Attorney is granted and is signed by facsimile under and. by authority of tile following resolutions adopted by the· respective Board of Directors of I.NOEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the !"resident and any Vice President of the corporation.be, arid that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney{s) named in the Powers of Attorney to execute, on behalf ofthe corporation, bonds; undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,. and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 14th day of June, 1995. ·
INDEMNITY COMPANY OF CALIFORNIA •
By------'~'---""'-.. .....____,,._· . --~~~---,..-
Walter Crowell
Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
ATTEST
By_~_.··• .•. ~---~~'' • • -
Walter Crowell
Secretary
On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr; and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name{s} ls/are sutiscribed .to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the .parson(s) acted, executed the instrument.
WITNESS my .hand and official seal,
Sgnature~~-·~ ,· . .,,.·/ ____ • ·.-• ~-~~
CERTIFICATE
The undersigned, as Senior Vice President of .INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice.f>resident of DEVELOPERS INSl,IRANCE COMPANY, does hereby
certify that the foregoing and attached Power of Attorney .remains in full force and has not been revoked; and furthermore, thatthe provisions of the resolutlons of the respective
Boards of Directors <;>f said corporations set forth in the. Power of Attorney, are in force as ofthe date of this Certificate,
•
This Certificate is executed in the City of Irvine, California, this 17 Ti:\iay of JUNE 199_6_· __ .
MNITY COMPANY OF CALIFORNIA · fo,N DEVELOPERS INSURANCE COMPANY
-d«~ i}~;:~ drr~
LC. Fiebiger ~ . ~ ~ LC. Fiebiger
Senior Vice President ~ l lFrfn~"' ~ Senior Vice President
By
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ID 310 REV (2198)
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. "'"'·" ~-.,, ... ,, '""'"""''"'"EXECUTED~N""?rRIPf.1:cAtE--,..,~
BOND NO. 421819P
PREMIUM: $5,178.00 · 4()
PREMIUM IS FOR CONTRACT TERM
FAllliFUL PERFORMANCE/WARRANTY BOND ANDISSUBJECTTOADJUSTMENT
BASED ON FINAL CONTRA.CT PRIC~ ..
WHEREAS, the City Council of the City of Carlsbad, State of Califomia, by Resolution
No._ 96-104 , adopted JUNE 11, 1996 • has awarded to
CASTELLO INC (herelnaftel'.
designated u the •Principal•), a Contract tor: · · · •·
MAGNOLIA AVl!NUE AND VALLEY STREET
SIDEWALK PROGRAM
CONTRACT NO. 3391-3
in the City of Carlsbad, In strict conformity with the contract, the draWings and s~lfications. .
and other Contract Documents now on file in the Office of the City Cl•rk of the City of Carlsbad,
all of which are Incorporated herein by this reference. · ·
WHEREAS, Princ::ipal has executed or·is about to execute Hid Contract and .trnJ.terms thereof·•·
require the fuml9hing of a bond for the faithful performance and wananty of Hid Contract;
NOW, THEREFORE, WE, CASTELLO I NC u Principal.
(hereinafter designated as the •contractol"), and DEVELOPERS INSURANCE COMPANY
, as Surety, are held and firmly bound unto the Cttr of Cer1s~.
-ih-.t ..... he-su_m_of..--~T~H=R=e=E"'"'!H-U~N·oRED FIFTY NINE THOUSAND FIV~ HUNDRED .
SIXTY six ANl5 30/00-------------------'.""-,.---------~ ... ""'.-~"!'--•"'0ollars
($359,566.30 ), said eum being equal to one hundred percent (100%)of.t~ estimated
amount of the Contract, to be paid to City or its certain attomey, its succe8'Qnt and"'5tigns; for
which payment, well and truly to b9 made, we bind ourselves, our heirs, executol'$ · and
administrators, successors or assigns, jointly and severally, ,firmly by these pr999nts •
THE CONDITION OF THIS OBUGA TION IS SUCH that If the above bounden Opl'\tractor, their
heirs, executors, administrators, successors or assigns, shall in all things e~t~ ·~. ab~• by,· . ··
and well and truly keep and pelfotm the covenants, conditions, and agree~~ilr;t,t,,..G9flt.-act ;: , .· ....
and any alteration thereof mad• as therein provided on their part, to ~ k"J4 ~··~rfQrrra,cl i~{; · •
the time and in the manner therein specified, and in all respect& aocc:,rd~pg t~\V,.ir.tl\i•,1"'1l•nt'i
and meaning, and shall indemnify and save harmless the City Of c.rtsbtci.'•its.>offic)e~•····.
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 apec;ifled therefor,
there shall be included costs ,u,d reasonable expenses and fffs, Including reaso,.bi. .itomets
fees, incurred by the City in sucoessfully enforolng such obligation, all to be taxed u costs and
included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to ttHt .
terms of the Contract, or to the work to be perform4'd thereunder.~r tl'le'.~~.·i. >
accompanying the same shall affect Its obligations on this bond, and it does hereby waive~( ·· ·
of any change. extension of time, alterations or addition to the terms of the contract orto the •,
work or to the specifications. · · ·
1/29/96
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In the event that Contractor is an indMdual, it is agreed that the.death of any such Contractor
. 8hall not exonerate the Surety from· its· obligations under this bond,·
Executed by CONTRACTOR this 17TH
day ~f · JUNE • 19-2§_.
CONTRACTOR:
CASTELLO, INC.
(print fi$~here) ·
~ ~ --~ . ·:. :~-,~ ,-;:"'
_,.>< :~~>·/+e.;,1de:of . <?:es,~ t-LD Tnc
(Title end Organl~atlon -61 Signatory)
Sr, I•~~
fr7oe /3eheJht/
(print name here)
0eare.ca~ . {la..stdlo . J)pc.
{rltle and Onization of signatory)
executed by SURETY this 17TH day
of JUNE , 19 96. , . ·
SURETY:
DEVELOPERS INSURANCE COMPANY
(name of Surety)
17780 FITCH, SUITE 220
IRVINE, CA 92714
(address of SUrety}
(714) 263-3300 .
(telephone number of SuAJty)
-·
Sy: (J~l 'C'
HELEN MALONEY
(printed name of Attorney .. Jn..Fact)
(Attach corporate reSQtution showing current
power of attorney.)
(Proper notarial aoknoWledge of execution by CONTRACTOR and SURETY ITIA'1 be ettached.)
{President or vice-president and secr~tary or assistant secretary must sign for CQrporatiol'IS. If
only one officer signs, the oorp0tation must attach a resolution cenified by tl'19 aCtCretary or ·
assistant secretary under corporate seal empowering that otrteer to bind th• oorporatl9ni) · ' .. -.·. ·.
APPROVED AS TO FORM:
RONALD R, BALL
City Attorney
By:
t!;,E M08ALOI
uty City Attorney
..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT -
STATE OF CALIFORNIA
COUNTY OF San Piiag:o
6/18/96 before me, ---=J...::;o__::.A::.;.n=-n;;__;C=-a=-s;;...ip..._e=-r=-s_e_n;_;:;_,..:..' _N~o_t_a_r-=-y_P_u_b_l_i_c _______ _
DATE NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared, · Morey Rahimi
personally known to me (~~d::k>mtec~U~-'Ult:tieJEDt1',~J:RCe) to be the person~) whose name(x) is/,il_x
subscribed to the within instrument and acknowledged to me that he/~ie§Y executed the same in his/!ff~1r authon;wc
capacity(itt), and that by his/h_i~~ignature(~ on the instrument the person~). or the entity upon behalf of wh1cn the
person~ acted, executed the instrument.
WITNESS my hand and official seal.
9~✓~~ (SEAL) OTARY PUBUCSlG ATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT ______________________ _
~ .TE OF DOCUMENT ___________ _ NUMBER OF PAGES _________ _
SIGNER(S) OTHER THAN NAMED ABOVE _____________________ _
-CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
ST ATE OF CALIFORNIA
COUNTY OF ___ s_A_N_D_I_E_G_o __ _
On July 8 , 1996 before me, Jo Ann Caspersen, Notary Puhl ic
DATE ______ N..;_A_M;;;....E.=Tl""'TL"'-E=OF=.:O=F=FIC""-E._R....,·E=.G""'-.,""•~...,AN..._,E,_O_O..__E, .... NOw.T .. AR.._Y....,P-UB_L_IC-" ----
Moe 3ehesht1
rersonally appeared, --===~=-=------------------------
/'"""',:1c-,onaily known to me (of~?o~,§~~islof"S~s-1~~~~1:J to be the person(s) whose name(s) is/are
Jbscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
.apacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
/~rson(s) acted, executed the instrument.
vVITNESS my hand and official seal.
Qa,~~
NOTARY PUBLIC SIGNATURE
(SEAL)
OPTIONAL INFORMATION
flTLE OR TYPE OF DOCUMENT __________________________ _
UATE OF C00CUMENT ___________ _ NUMBER OF PAGES _ _..:.__....._ _____ _
SIGNER/Sl OTHE~ THAN NAMED ABOVE
CALIFORNIA ALL-PURPOSE.ACKNOWLEDGMENT
•· State of CALIFORNIA
/County of SAN DIEGO }
On 6-17-96 before me, JOHN G. MALONEY, NOTARY PUBLIC
DATE _ NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared_B_B'f_._EN __ MALON_·· __ EY ________________ _
NAME(S) OF SIGNER($)
~ personally known to me -OR -D 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 ac-
knowledged to me that he/she/they executed
•
JOHNG.MALONEY ,.,,,,.-...__ ~ C0MM.#1046738 l . NOT.. 'ARY PU.BLIC-CALIFORNIA i ' SAN DIEGO COUNTY . ij
MY COMMISSIO}J!:j ~. FEBRUARY6,1999 -~ .. vvoocoo-~
c,•eieevv:·Q~eC00011eef 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.
WITNESS my hand and official seal.
No. 5193
-OPTIONAL SECTION -•
CAPACITY CLAIMED BY SIGNER
Though Slatute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the. document.
0 INDIVIDUAL
[IlCORPORATE OFFICER{$)
TITLE(S)
[IlPARTNER(S) OlUMITED
QGENERAL p ATTORNEY-IN-FACT
0 TRUSTEE($)
C!)GUARDIAN/CONSERVATOR
C!)OTHER: _____ _
SIGNER IS REPRESENTING:
NAME OF PERSON($) OR ENTITY(IES)
SIGNATURE OF NOTARY~
---------------OPTIONAL SECTIOl-i=-------------------THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT __________________ _
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES _____ DATE OF DOCUMENT __________ _
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER($) OTHER THAN NAMED ABOVE _______________ _
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300
N~ 30 9640
1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1999.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorney(s)-ln-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
*** JOHN G. MALONEY, HELEN MALONEY, MICHAEL W. THOMAS, JOINTLY OR SEVERALLY***
the true and lawful Attorney(s)-ln-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship
in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-ln-Fact full power and authority
to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full
power of substitution and revocation; and all of the acts of said Attorney(s)-ln-Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY
COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary
or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking
or contract of.suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 14th day of June, 1995.
INDEMNITY COMPANY OF CALIFORNIA
•
By----='---Aha~-~~
Walter Crowell
Secretary
STATE OF CALIFORNIA )
)SS.
COUNlY OF ORANGE )
DEVELOPERS INSURANCE COMPANY
ATTEST
By,-----=-Ak;,----=-'--· . ~~ ~~. -
Walter Crowell
Secretary
On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, 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 to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature.~~~~. __ • 1_
CERTIFICATE
1····~············c~v~BRiNK······1 ..,a COMM.#1036712 0 ~ ... ,,; · NOTARY. ?USU. . '. C • C/1LIFORNIA.i)l 0 • ORANGE COUNTY "' l · .:: My eomm. exp. Aug. 21. 1998 j , ................................• -.. ~. ~
ID-310 RE\I. (2/96)
•••••··ACttlltt&. •••·•••1•1:•at1••t==J•ti~a•••·••o•5r•••1••~•S•1.1•elml•G ·•••···•··•··•·•··••·•••••···••··•··•··•·••··••····••·····•·•·····••····••·•····•••··~~tc!·•••·•··•·•••·······••·•·•••••••··· D;:;~;;;';' ··••• PRODUCER
Granger-Hanna Ins. Assoc./HRH
701 Kimberly Avenue, Ste. 200
.entia CA 92670
PhoneNo. 714-579-2929
INSURED
Castello, Inc.
457 Corporate Dr.
Escondido CA 92029
Fax No.
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
4-x1t1 Pacific Insurance Company
• A
.~.·~ ~ ..... / / >·< < > (:
===:-=:::===.-.·.·.·.·.·.·.·.-.·-•.-: =·--· .·.-.. _)i?f:=i::=::~:r:i:::::?::!:>>>r>:=::::::::::::::~: :::::::::::::::-:.: .. :: •.••.••..••. ·•·•·•·•·•··.·•·•· , ...... .
co
LTR
A
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.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/VY) DATE (MM/DD/VY)
GENERAL LIABILITY GENERAL P..GGREGATE s 2,000,000 -X COMMERCIAL GENERAL LIABILITY 210002868 10/25/95 10/25/96 PRODUCTS • COMP/OP AGG s 1,000,000
El :=i CLAIMS MADE m OCCUR PERSONAL & ADV INJURY s l,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE s 1,000,000
FIRE DAMAGE (Any one fire) s NOT COVERED -
MED EXP (Any one person) s NOT COVERED
AUTOMOBILE LIABILITY -COMBINED SINGLE LIMIT $
ANY AUTO -
ALL OWNED AUTOS BODILY INJURY -$
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY 11= (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 s 1,000,000
A ~ UMBRELLA FORM TJ0001446 10/25/95 10/25/96 AGGREGATE s 1,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND I STATUTORY LIMITS • t
EMPLOYERS' LIABILITY EACH ACCIDENT $
THE PROPRIETOR/ Fl INCL DISEASE • POLICY LIMIT $ PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
30 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED LIABILITY ONLY PER THE ATTACHED ENDORSEMENTS. RE: MAGNOLIA AVENUE, VALLEY STREET AND PARK DRIVE SIDEWALKS, PROJECT NO. 3391-3.
• CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008
•APt>Fitf 2$~s•·(s/~JJ••••••••••·
:··:•.• '· >>··•,:•:••·•·····// -fi•""--·1•ATll'\1'l •• ··••Cc,:,,,.::.<,<.•:• .. /, ::C:•==••>.i•=t.•\\:\fj/faf . ·::?::•./.:::::.:·· .. :·,:: ::: :::·:::.::·.: ·::.:-.::::: :· ::-::-:>:: :: :::,:::> .·.· .. ·.·: '.·.·.·.· -~-::::; ·."'"'.· -: < ::·:>:-·.:::::::::::::,:: :::::\:"-:>.:":::-::::·-:::::_:::::: '.?:::::::. :.:::::·:::.::::·:: :···: ;<:>::":
CAR LS82 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EIIBEN.18R T8 MAIL
.1Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
=-uu :::::e YP8H ,: ,s a:eMP ■ HU; liF€ e GEHM 9R n&PA&S&Nl=O:JIM&S
AUT~ :EPRESEN~~ _,, fl
. •·.·••···•····••···•·••·••·••··•• ... •·•••·•••••<··•· .. •·•••••·•••••FI{. {Tg?••~•·••·ffi{••••••f<•••••••••~••< •••·••·~AP6Rb¢<:>RPQAAf16N19~$}
Castello, Inc.
.OLICY NUMBER: 210002868
June 17, 1996
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS(FORMB)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
Name of Person or Organization:
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD,CA 92008
SCHEDULE
RE: MAGNOLIA AVENUE, VALLEY STREET AND PARK DRIVE SIEDWALKS
PROJECT NO. 3391-3
I f no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of •your work" for that insured by or for you.
Pacific Insurance Company
• CG2D 101185
GRANGER-HANNA INSURANCE ASSOCIATES/HRH
701 KIMBERLY AVENUE, SUITE 200
PLACENTIA, CALIFORNIA 92806
COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984
...
•
.~ ·.: ~,
ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following paragraph is added to SC02 l/94, Special Broad Form Commercial General Liability
Endorsement, 1. Additional Insureds -By Contract, Agreement or Permit:
•
c. Coverage provided by this policy to Additional Insured(s) shall be priµiary,insurance and any
other insurance maintained by the Additional Insured(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 Insured(s) .
SC05 l/94
•
AGENCY
Name
&
ddress
INSUHW
Name
&
Address
STEVE GU I TROt-.1 619 489 7739 P.02
COMMERCIAL CERTIFICATE OF INSURANCE
CALIFORNIA
Issue Date (MM/DD!YY) f~ 7/18/96 · ~ J • ::$1'.EVE GUitRON INSURANCE AGENCY
'2150 NORTH CEi1TRE CITY PKWY, STE D
• ESCONDIDO, CA 92026
· (619) 480-9883
9') Ul~I. 03 AG!:NT 346
, CAsTELLO INC.
• 457 COH.PURA'.rE DRIVE
,ESCONDIDO, CA 92029
This certificate is issued as a matter of information only and confers no rioht~ upon the certificate holder. This certifieate does not amend, extend or a.lt~r the
coverage afforded by the policies shown below.
COMPANIES PROVIDING COVERAGE:
COMPANY
l.ETIER A TRUCK INSURANCE EXCHANGE
COMPANY WT(R
COMPANY lETTtfl
COMPANY
B FARMERS INSURANCE EXCHANGE
C MID-CENTURY INSURANCE COMPANY
lElltll D -------------
COVERAGES
GO,
LTR.
A
THIS IS TO CERTIFY 'll-lAT THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED AOOVE FOR THE POLICY PERIOD INDICATED. N01WITHST ANOING ANY REQUIREMENT, TERIA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
N/-UHUl:Ll BY IHI: H.iUt:11:::; lll:SGRlB!:.D H!:REIN ts SUBJECT TO ALL THE TERMS, EXCLUSiOt~S AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW!~ MAY KAVE BEEN Rf:OUCtO BY PAID CLAIMS.
TYPE OF INSURANCE
GENERAL UA8lllY
OWNERS, tANDlORDS I!. TENANTS
MANUFACTUR£RS & CONTRACTORS
OWNERS & CCNTRJ\C10RS PROT.
CONW.CTUAL -INCIDENT.Al ONLY
PRODUCT$ I COMPLETED OPE.RATIONS
AUTOl91111.! UAIILITY
POLICY NUMBER
ALL OWNED COMMERCIAL AUTOS 6 0 0 7 7 5 6 8 ()
SCllEOULEO AUTO$
HIRED AUTOS
WON-OWNED AUTOS
f.i~RAGt LIA!:l!U ! Y
UNBllilLA UABIUTY
WGRKERS' COMPENSATIOI
IUII
~Nl'UJYERS'UAIIIUTT
19811 FORD FLATBED VINt/613
POUCY EFFECTIVE
DATE (MM/DD.IYY)
7/18/96
POLICY EXl'IHAI ION DATE (MM!OOIYY)
7/18/97
7&k Jl"e,r>/4e.-/7
ev.1'7 I"' a/2 Mf...t.+i
/,/e,e e~:e d
P-01.ICY LIM!TS
COM61!1EO $ Sl!'lGLE LIMIT
tlt,IUiL V INJUHY $ (PER PERSON)
!:IUUtl Y INJUK\' $ {PER ACCIDENT)
PROPERTY $ DAMAGE
PRODOCiS.COMPiOPS
$ AOORE6ATE
COMBlHtD
SINGLE L!Mff $ 1,000,000
BOOIL ¥ INJURY
(PER PERSON) $
BOO!l Y INJURY
$ (PER ACCIDEN1)
PROPERTY $ OA!#1.GE
..... ·-·---·--·-···--·-
LIMIT $
STATUTORY
EACH ACCID£NT $
Ol~ASE--EACH EMPLOYEE $
D!S£ASE-POUGY UMli $
CERTIFICATE HOLDER clNtittifiGN
. CITY OF CAitLSB.AD Name & . 1200 CARLSBAD VILLAGE DRIVE
. CARLSBAD, CA 92008-1989
' .RJJ',: MAGlpJ.,JA AVEfilT:S _& VALLEY STREET
8HOULD A~'Y OFTHE ABOVE DESCRIBED POLICIES BE CAHCELLEO BEHlRt 1Hc l:XPIHAI ION l)AI ~ I Ht.KW!-, THE ISSUING COMPIINY Will EM)EAVOR TO MAIL 30 DA~S WRITTEN NOTICE TO T\-lf CERTIFICATE HOLOER NAMEO TO THE LEFT. BUT FAJUJflE TO MAIL SU lOTICE SHALL IMPOSE NO OBllGA.TlON OR UABiUW OF ANY K!\\O UPON THE COMPANY, ITS AGENTS EPREStMT "VlS .
~ SIDEW.I.\LK PROGRAl.'1 ~ CITY OF CARLSBAD, CONTRACT NO. 3w1.:39:.ul...::.:-:.i.3 ____ ~--------~---
Au1HOF11ZfD ffEPfltSENTATNE
STEVE GUITRON 619 489 77:39 P.03
' ,! 1Hts INOORSfMaNT CHAN<llS THC POLtCY. PLIA:Sr AIAO IT CAl:Ut,uLL Y. ,i ;, ,, I
ADDmONAL INSURED ... OWNERS, LESSEES OR
CONTRACTORS " (FORM 8)
i{hi• ,ndGrl•m•nt modift•t ln&'1rtn¢1 p,v,ndttd v_nder th• blk,wlno:
ft1 COMMERQAL AU!O UMHUTY COVER.AG! ,-AAT. NAMEO lNSURISO: CASTtt.1..0 l NC.,, • • ~ ,. : SCtlEOUU
Nam. of fll..-..on or O,v.uttz.dofit , CIT~ OF CARLSBAD f 1200 CARLS&AO VILLAGE DRIVE I CARLSBAD, CA 92Q08wl9S9
~ . ' ~If ,io •ntr, •PPll•rt aboY•. lnfDrmaUon N4ulNd to complel• thl• 1nek)(1•tn•"' wm t>-. shown fn tho o.,clana.,_};;;i itlOft• •• applicable to Ull1 • .,..,..,..,•tit.) ~l~,!
WHO 18 AH INSURED (s.ttk,n fl) I• amended lo lnch,d• a■ an ln1u,-.d th• p,9fSOn Of org1nlratk:N1 ■!'>own ln th~'•· I""'•• bul ""!y wttlt _....,. lo ll•bllltt .,t■log ovt 9' .,.,.,, _,,,,."" lh•t In••••• lrt"' M ,..,.,, !
• ~
I I.
i ~
ti l: I • I•
i.
1i
t
7-26-1996 11 :48AM FROM CASTELLO. INC. 619 747 8449 P.2
~~STAI:; E '· : ::_ 'P.O. BOX 420807, SAN FRANCISCO, CA 94:142-0807 :-.~oMPE.tllSATlON · . . . ··· . ':-.'.
~-N.$0f:IANCE , ·: '-.,, ,,;. _ .. ·_'. __ .,
· · FUN A. ,CE8T1FicAj15,.oF Ji(f
,~;,, {j in r : o'o:ci·t1 ~s
·. -:~)fhy/~;;;:;:¥j\
e~•~:;~:L-. ? 1-til~y~;.;~J~• t~i;x\{":;;::: .
"•"''
-~MPt...OYE.fl'.$
. ~Jol~OllSt~tf.tt #2065. ·E.NTfTC~b {eJr·.£,tcAT{ tfQ:t,;'o·eR~f~::.e:0-r.1t! -tfFECrlVE ..
u4/Cll:i'Ff Is<A!TAC.H-eti. to· Alic·•; fORMS ~-PA~:r.·.9.F "THi.S\?Okfc:y~·
..-~:
:i(:: ' ·,•''°:\
:•,• I :;.:.:'.•~•, • ('
. '•:.;:,; .(,,-.,:..:-.... :: .· :, · .. ·· '• :~•·-:.;ti-·· ·J• .·. ',n' , .... •
... t ..
. · :.,-'
-
j,:
I
,,. • ___ .,y· ·c~ . ,, . V 1¥1 %W/fuV::U:C-~1i ;
EMERGENCY CONTACTS ii'!:
RAHIMI, MOREY
457 CORPORATE DR
ESCONDIDO, CA
.ESHTI, MOE
457 CORPORATE DR
ESCONDIDO, CA
92029
92029
CASTELLO, I NC.
457 CORPORATE DR
ESCONDIDO, CA
CITY OF CARLSBAD
I !
i
CORP. OFF 1 CER I~! ?1
619-747-6500!1
1 ~:
!) I! CORP. OFF I CE If 'iJi
619-747-650 ol
92oz9
LICENSE RESTRICTION: NONE
1200 CARLSBAD VILLAGE DR., CARLSBAD, CA 92008 (619) 434-2882
,__ ________________ _
BUSINESS. LICENSE
ISSUEDTO:(BlJSJNESSPWNEf{):
CASTELLO, INC.
_457 ~ORPORATE DR
NO.
ESCONDIDO, CA 92029 619-747-6500
TO CONDUCT THE (BUSINESS CLASSIFICATION):
GENERAL CONTRACTOR 15
SINESSAS (0BA;BUSINESS.NAME):
ELLO, INC.
ifE:C~.:AiT{Etl,J.SINESS• l-OC.ATIPN): titi,:t, ·
457 CORPORATE DR
ESCONDIDO, C 9eOe9 . ~---<~<·. .><;.;~ ·;;'~·'.. ~::.-·::···--'
. :t=RqM., os/o 119s ·· Tof 01131 /96
NOT TRANSFERABLE-POST IN A CONSPICUOUS PLACE
j, ''·
LICENSE MUST BE POSTED ON
BUSINESS PREMISES.
NOTIFY BUSINESS LICENSE OFFrCE
IF YOU CHANGE LOCATION OR CEASE
OPERATION.
-CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF 0~ /J -h1igo
On &/1~/q{? roM'E before me, 0 ;:Jnri ~S/7~,Z:3et£J ~-AJo(!Cl/'sf. rUt~
NAME, TITLE OF OFFICE-fl'-E.G., "JANE DOE, NOTARY PUBLIC"
0erson-:1lly appeared, ----'---......,_--'---1-------'---"'-----------------
oer ?,onally known to me (efi3fS'fflG~ffi€...oAl-tR'l:H3-i'¼S+€r-et~HSt!:l:SH~eltl.loei:1-G0) to be the person(~ whose name(.aj is/.ai:e
s,.rnscrioed to the within instrument and acknowledged to me that hefsl'lefthey executed the same in his/hefAA.eir authorized
capacity(~), and that by his/her/their signature(6) on the instrument the person~). or the entity upon behalf of which the
person(1,) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT ----------------------------
U ATE OF DOCUMENT ___________ _ NUMBER OF PAGES -----------
.SIGNER/$) OTHER THAN NAMED ABOVE
42
•
CllY OF CARLSBAD
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad CA 92008
REPRESENTATION AND CERTIFICATION
The following representation and certification should be completed, signed and returned to City of Carlsbad.
REPRESENTATIONS: Mark all applicable blanks. This
offerer represents as part of this offer that the
ownership, operation and control of the business, in
accordance with the specific definitions listed below is:
(Check appropriate Ethnic Ownership Type)
Caucasian
Black
Hispanic
Asian-Pacific
Native-American
Asian-Indian
DEFINITIONS:
Are you currently certified by CALTRANS?
YES NO
Certification #: -------------
CERT IF IC AT ION OF BUSINESS
REPRESENTATION{$):
Mark all applicable blanks. This offerer represents as a
part of this offer that:
This firm is __ , is not __ a minority business.
This firm is __ , is not __ 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:
• MINORITY BUSINESS ENTERPRISE: "Minority Busi-
ness" 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. CONSTRUCTION CONTRACTOR:
The Small Business Administration defines the socially
and economically disadvantaged {minorities) as Black CLASSIFICATION($): _________ _
American, Hispanic American, Native Americans Q.e.
American Indian, Eskimos, Aleuts. and Native LICENSE NUMBER: Hawaiians), and Asian-Pacific Americans (i.e., U.S. -----------
Citizens whose origins are from Japan, China, the TAXPAYERS I.D. NO. __________ _
Philippines, Vietnam, Korea, Samoa, Guam, the U.S.
Trust Territories of the Pacific, Northern Marianas, Laos,
Cambodia and Taiwan}.
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
COMPANY NAME
ADDRESS
CITY, STATE AND ZIP
TELEPHONE NUMBER
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DATE <f/l7,
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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 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 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 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 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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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 Sections 3.32.025 to 3.32.028 implementing
the California False Claims Act and certifies that all claims submitted to the City shall be 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
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:
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SPECIAL PROVISIONS
I. 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:
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Where words •shown, 11 "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 c the City of Carlsbad, California
Engineer -the City Engineer for the City of Carlsbad or his approved representative
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Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the work. Said
employees have their employment taxes, State disability insurance payments, State and Federal •
income taxes paid and administered, as applicable, by the Contractor. When used in Section
2-3.1 -Construction equipment that the Contractor owns or leases and uses to accomplish the
work. Equipment that is owner operated is not part of the Contractor's Own Organization and
will not be included for the purpose of compliance with section 2-3.1 of these contract
documents.
Owner Operator -Any person who operates equipment or tools used in completing the work
and is not on the payroll of the Contractor.
Supervisory Personnel -Any person within the Contractor's employ engaged in the work that
has duties principally involving the direction, supervision, evaluation and selection of the
Contractor's work force. Supervisory Personnel typically includes superintendents, assistant
superintendents and foremen.
SECTION 2 • SCOPE AND CONTROL OF THE WORK
To subsection 2-3.1 add the following to the seventh paragraph:
Except as specified in this subsection, the Contractor shall perform, with its own organization,
contract work amounting to at least 50 percent of the contract price. Within the meaning of this
section, contract work shall include all of the elements used to complete the construction of
discrete portions of the work. A discrete portion of the work is a single bid item and all of the
costs associated with the labor, equipment and materials used to construct or install the bid
item. The individual components of labor, equipment or materials that are used to construct or •
install a bid item are not severable .• For determining the percentage of work performed, the
value of a bid item shall be the contract unit price extended by the quantity of units completed.
The performance of the actual labor involved in the installation or construction of an Item is the
principal indicator of what force the work is performed by. As an example, the individual cost
of a material cannot be separated from the cost of the labor necessary to construct or install the
material when computing the percentage of contract work performed by the Contractor's own
forces.
Add the following subsection:
2-3.3 Subcontractor Items of Work
Where a bid item or any portion of a bid item of the work is subcontracted, the amount of the
subcontract shall include all labor, materials and equipment required to complete the
subcontracted bid item or portion of the item designated. Where only a portion of a bid item
is subcontracted, the bidder shall stipulate in the bid documents what portion of the work
required to complete the bid item is to be performed by subcontract and what portion the bidder
proposes to perform. The value of material incorporated in any subcontracted bid item that is
supplied by the Contractor shall not be included as any part of the portion of the work that the
Contractor ls required to perform with its own forces.
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Add the following subsection:
2-3.4 Owner Operators
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The bidder shall stipulate in the bid documents what portion of the work required to complete
any bid item is to be performed by owner operated equipment. The value of work in excess of
0.5 percent of the Contract Price or $10,000, whichever is greater, completed by owner operated
equipment shall not be included as any part of the portion of the work that the Contractor is
required to perform with its own forces.
Add the following subsection:
2-3.5 Penalties and Remedies
Should the Contractor fail to adhere to the provisions of sections 2-3.3 or 2-3.4, the Agency may
at its sole option elect to cancel the contract or to deduct an amount equal to 20% of the value
of the work performed in contravention of said sections from payments that Would otherwise be
due to the Contractor all in accordance with section 4110 of the California Public Contracts
Code.
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:
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An original, or a certified copy, of the unrevoked appointment, power of attorney, by
laws, or other instrument entitling or authorizing the person who executed the bond to
do so.
A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities
of the insurer at the end of the quarter ci;\lendar 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.
To subsection 2-5.1, add the following:
The Construction Plans consist of six (6) sheets designated as City of Carlsbad Drawing No.
338-3. The standard drawings utilized for this project are the latest edition of the San Diego
Area Regional Standard Drawings, as modified by the City of Carlsbad, hereinafter designated
SDRS and issued by the San Diego County Department of Public Works, together with the City
of Carlsbad Supplemental Standard Drawings.
Other specifications applicable to this project are Carlsbad Municipal Water District (CMWD)
Rules and Regulations for Construction of Public Potable Water Mains and Carlsbad Municipal
Water District (CMWD) Standard Sewer System Design Criteria and Standard Drawings and
Specifications, March 1993.
To subsection 2-5.3.2, add the following:
Where installation of work is required in accordance with the product manufacturer's direction,
the Contractor shall obtain and distribute the necessary copies of such instruction, including two
(2) copies to the Agency ..
To subsection 2-5.3.3, add the following:
When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's
certification that he has reviewed, checked and approved the Shop Drawings and that they are
in conformance with the requirements of the Contract Documents. The following Contractor's
certification shall appear on all submittals:
"It is hereby certified that the (equipment, material) shown and marked in this
submittal is that proposed to be incorporated into this Project, is in compliance
with the Contract Documents, can be installed in the allocated spaces, and is
submitted for approval.
Title: By: ________________ _ ---------
Date: _________________ _
Company Name: _____________ _
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Add the following subsection:
2-5.4 Record Drawings
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The Contractor shall provide and keep at the project site an up-to-date set of •as-builtff drawings.
The drawings shall be corrected daily and show every change from the original drawings and
specifications and the exact "as-built" locations, sizes and kinds of equipment, underground
piping, valves, and all other work not visible at surface grade. Prints for this purpose may be
obtained from the Agency at cost. This set of drawings shall be used only as a record set and
shall be delivered to the Engineer upon completion of the work.
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.
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 during 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.
To subsection 2-9.2 add the following:
When property line and/or corner survey markers are replaced by the Contractor's licensed land
surveyor, corner records and/or records of survey in conformance with Section 8700-8805 of the
State of California Business and Professions Code shall be prepared and recorded by the
licensed land surveyor. The preparation and recordation of said records is incidental to the
work and no additional compensation will be made therefore.
Delete subsection 2-9.3 and replace with the following:
2-9.3 Survey Service
The Contractor shall hire and pay for the services of a land surveyor licensed in the State of
California to perform all necessary construction staking.
All construction staking on Valley Street shall be based on a centerline established in the field.
An angle point at Sta. 16+ 71.06 and a point on line at Sta. 23+00 establishes said centerline.
For construction on Magnolia Avenue, the Contractor shall use a centerline established by an
existing point at the intersection of Magnolia Avenue and Highland Drive and an existing point
at Magnolia Avenue and Adams Avenue. The grade sheets shall be considered a submittal and
shall be processed per subsection 2-5.3 of the standard specifications .
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Two (2) sets of grade sheets shall be provided to the Engineer prior to work commencing in a
given area. One (1) set of field notes for all surveying work performed on this project shall be
provided to the Engineer within ten (10) days of performing the survey.
SECTION 3 • CHANGES IN WORK
Delete subsection 3-3.2.3(a) and replace with the following:
3-3.2.3(a) Work by Contractor
The following percentages shall be added to the Contractor's costs and shall constitute the
markup for all overhead and profits:
1) Labor ..................... 20
2} Materials . . . . . . . . . . . . . . . . . . . 15
3) Equipment Renal . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
Delete subsection 3-3.2.3(b) and replace with the following:
3-3.2.3(b) Work by Subcontractor
When all or any part of the extra work is performed by a Subcontractor, the markup established
in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10
•
percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 •
percent on work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
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 agency 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
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.
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(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 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 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 running 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 subdivision (a) until the time that claim is denied as a result of the meet and confer process,
including any period of time utilized by the meet and confer process.
(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 91 0) of Part 3 of
Division 3. 6 of Title 1 of the Government Code.
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
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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 nova ..
(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.
Delete subsection 4-1.4, and replace with the following:
4-1.4 Test of Material
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.
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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 and materials properties tests may be made by the Engineer and all costs for tests
that meet or exceed the requirements of the specifications shall be borne by the Agency.
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 5 • UTILITIES
To subsection 5-1, add the following:
The Agency and affected utility companies have, by a search of known records, endeavored to
locate and indicate on the Plans, all utilities which exist within the limits of the work. However,
the accuracy of completeness of the utilities indicated on the Plans is not guaranteed.
To subsection 5-4, add the following:
All existing sewer laterals, water services and water meters shall be located and protected by
the Contractor during construction. Those water meters and sewer cleanouts noted for
relocation, and any sewer cleanouts or water meters shown or not shown on the plans that may
be in conflict with sidewalk construction shall be relocated to right-of-way limits, and set to·grade
horizontally and vertically, per the applicable standard drawing.
The temporary or permanent relocation or alteration of utilities, including service connection,
desired by the Contractor for its own convenience shall be the Contractor's own responsibility,
and the Contractor shall make all arrangements regarding such work at no cost to the Agency.
If delays occur due to utilities relocations which were not shown on the Plans, it will be solely
the Engineer's option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities which interfere with the construction, the Contractor, upon request to the Engineer, may
be permitted to temporarily omit the portion of work affected by the utility. The portion thus
omitted shall be constructed by the Contractor at no additional cost to the Agency immediately
following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -PROSECUTION, PROGRESS, ANO ACCEPTANCE OF THE WORK
Add the following subsection:
6-2.1 Phasing of the Work
Residential driveways less than 16' in width shall be formed on a Monday and poured before
the end of the working day. The driveway shall be barricaded until the end of the working day
the following Friday. The Contractor shall remove all barricades and perform the grading
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necessary to make the driveway usable by a passenger vehicle before departing the site.
Residential driveways greater than 16' in width shall be constructed in two phases maintaining
vehicular access at all times.
6•7 TIME OF COMPLETION
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 forty.five (45) working days
after the date of the Notice to Proceed.
To subsection 6-7.2, add the following:
Hours of work• All work shall be performed between the hours of 7:00 a.m. and 4:00 p.m. The
Contractor shall obtain the approval of the Engineer if it desires to work outside the hours stated
herein.
Contractor shall obtain the written approval of the Engineer for work on Saturdays, Sundays,
and City holidays. 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 repairE?d 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 work on the punch list 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 Oamages
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 for 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:
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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:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and
building permits necessary to perform work for this contract on Agency property, in streets,
highways (except State highway right-of-way), railways or other rights-of-way.
Contractor shall not begin work until all permits incidental to the work are obtained.
Before any connection or shut down of valves on existing CMWD lines, a permit shall be
obtained from the CMWD office and must be signed and approved by District Engineer and
District Superintendent.
To subsection 7-6, add the following:
The Contractor's representative shall attend bi-weekly construction meetings at the site at a time
designated by the Engineer.
To subsection 7-7, add the following:
Utility poles, shown on the plans as being relocated by SDG&E, are scheduled to be relocated
before the start of this contract.
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 fron, 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 .
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Add the following subsection:
7-8.8 Noise Control
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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 7-9, add the following:
When an irrigation system within the right-of-way must be removed and its removal affects the
operation of the remaining irrigation system, the Contractor shall install the necessary piping to
make the remaining system operational. This work shall be completed within two (2) working
days and at no additional cost to the Agency.
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.
Delete subsection 7-10.3 and replace with the following:
7-10.3 Street Closures, Detours, Barricades
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.
Traffic control shall be in accordanc'e with Caltrans Manual of Traffic Control for Construction
and Maintenance Work Zones 1990, and these special provisions. Should the Contractor fail
to maintain the traffic control system in accordance with the traffic control plans, the Engineer
may make the necessary corrections and deduct from the Contractor's progress payment the
City's cost for so doing.
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.
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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 all homes on Magnolia Avenue. 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 and give a general description
of the work. The letter shall also state that each residence will be notified 48-hours in advance
of exactly when the work will begin.
The contract lump sum price paid for ''traffic control• shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work
involved in placing, removing, storing, maintaining, moving to new locations, replacing, and
disposing of the components of the traffic control system as shown on the traffic control plans,
and as specified in these special provisions. Progress payment for "traffic control* will be based
on the percentage of the improvement work completed.
To subsection 7-10.3, 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 .
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 .
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II. MODIFICATIONS TO PART 2 OF THE
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
SECTION 200 -ROCK MATERIALS
Delete subsection 200-2.2 and replace with the following:
200-2.2 Crushed Aggregate Base
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Aggregate base shall be Class II aggregate base conforming to Section 26-1.02A, Caltrans
Standard Specifications, July 1992.
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.
SECTION 203 -BITUMINOUS MATERIALS
To subsection 203-6.1, add the following:
Asphalt concrete shall be Class B-AR-4000 for base paving and Class . C2-AR-4000 for cap
paving. ·
To subsection 203-6.8, add the following:
Open graded asphalt concrete stored in excess of 2 hours, and any other asphalt concrete
stored in excess of 18 hours, shall not be used in the work.
SECTION 206 -MISCELLANEOUS METAL ITEMS
Add. the following subsection:
206-7 REFLECTIVE SHEETING ALUMINUM SIGNS
206-7.1 General. Materials, legend, proportion, size and fabrication of all signs used for the
direction, warning and regulation of vehicle {including bicycle) and pedestrian traffic shall
conform to the requirements of,. •SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993•, sheets one through five that accompany •SPECIFICATIONS FOR REFLECTIVE
SHEETING SIGNS, October 1993• of dimensions and details, dated April 1987 and , •OPAQUE
COLOR CHART", dated February 1980 all published by the State of California, Department of
Transportation, Division of Procurement Services, Office of Material Operations, 1900 Royal Oaks
Drive, Sacramento, CA 95819 and as modified herein. Where the, •SPECIFICATIONS FOR
REFLECTIVE SHEETING SIGNS, October 1993•, require the contractor or supplier to notify the
Department of Transportation or to certify compliance to said SPECIFICATIONS, to provide a
quality control program orto allow testing, approval, observation of manufacturing or assembly
operations by the State of California, Department of Transportation and/or its employees or
officials such rights shall be vested in the Engineer.
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206-7.2 Sign Identification. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993", as follows. Sign identification shall be as per "SPECIFICATIONS FOR
REFLECTIVE SHEETING SIGNS, October 1993• except that the notation shall be, "PROPERTY
OF THE CITY OF CARLSBAD".
206-7.3 Drawings. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993-, as follows. Standard signs shall be as per the most recently approved,
"APPROVED SIGN SPECIFICATION SHEETS" of the State of California, Department of
Transportation. The date of approval shall be the date most closely preceding the date of
manufacturer of the sign(s) or the date of the "Notice to Proceed• of this contract whichever is
the most recent.
206-7.4 Reflective Sheeting. Modify the , aSPECIFICATIONS FOR REFLECTIVE SHEETING
SIGNS, October 1993", as follows. All warning signs and all regulatory signs, excepting only
those hereinafter listed shall be fabricated with type Ill encapsulated lens sheeting conforming
to the requirements of this specification. All other signs included in this section and listed below
shall be fabricated with type II encapsulated lens sheeting conforming to the requirements of
this specification. Regulatory signs which shall be fabricated with type II encapsulated lens
sheeting are: R5, R24 through, and including R32B, R47 through, and including RR53C, R62A
through, and including R62D, R74 through, and including R96C and R99 through, and
including R105A.
206-7.5 Substrate. Modify the , "SPECIFICATIONS FOR REFLECTIVE SHEETING SIGNS,
October 1993", as follows. All signs used for the direction, warning and regulation of vehicle
(including bicycle) and pedestrian traffic shall use aluminum substrate.
Add the following subsection:
206-8 LIGHT GAGE STEEL TUBING AND CONNECTORS
206-8.1 General. This section pertains to 10 gage and 12 gage cold rolled steel perforated
tubing used for the support and stabilization of signs. All shapes shall have a galvanized finish
and shall be cold roll formed steel conforming to ASTM Designation A-446 Grade A. Galvanizing
shall conform to ASTM A-525, Designation G-90. Galvanizing shall be performed after all
forming and punching operations have been completed. Cold rolled steel perforated tubing
shall be perforated on all four faces with7/16• holes on one inch centers.
206-8.2 Tolerances. Wall thickness tolerance shall not exceed +.011, -.005 inch. Convexity
and Concavity measured in the center of the flat side shall not exceed a tolerance of + .010 inch
applied to the specific size determined at the corner. Straightness tolerance variation in
straightness shall not exceed 1;1a• in 3 feet. Tolerance for comer radius is 5/32• ± 1/64•. Weld
flash on corner welded square tubing shall permit 9/64• radius gage to be placed in the corner.
Using 1 o gage (.135) or 12 gage (.105} square tube, consecutive size tubes shall telescope
freely for ten feet. Tolerance on hole size is ± 1/64• on a size. Tolerance on hole spacing is
± 1/8" in 20 feet. In addition for the following specific sizes of light gage steel tubing dimensional
tolerances shall not exceed those listed in the following tables .
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Nominal Outside
Dimension, Inches
1 X 1
1-1/4 X 1-1/4
1-1/2 X 1-1/2
1-3/4 X 1-3/4
2x2
2-3/16 X 2-3/16
2-1/4 X 2-1/4
2-1/2 X 2-1/2
2x3
TABLE 208-8.2 (A)
Tolerance on Size
Outside Tolerance for
All Sides at Corners, Inch
±.005
±,006
±,006
±,008
±,008
±.010
±.010
±,010
±.010
TABLE 208-8.2(8)
Squareness of Sides and Twist
Nominal Outside Twist Permissible
Dimension, Inches Squareness in 3 Ft., Inch+
1 X 1 ±,006 .050
1-1/4 X 1-1/4 ±,007 .050
1-1/2 X 1-1/2 ±,009 .050
1-3/4 X 1-3/4 ±,010 .062
2 X 2 ±,012 .062
2-3/16 X 2-3/16 ±.014 .062
2-1/4 X 2-1/4 ±.014 .062
2-1/2 X 2-1/2 ±,015 .075
2 X 3 ±,018 .075
* tubing may have its sides failing to be 90"' to each other by the tolerance listed.
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+ Twist is measured by holding down the edge of one end of a square tube on a surface plate
with the bottom side of the tube parallel to the surface plate, and noting the height that either
corner on the opposite end of the bottom side is above the surface plate.
206-8.3 FASTENERS. Fasteners used to assemble cold rolled steel perforated tubing shall be
steel "pull-through• electrogalvanized rivets with 3/8" diameter shank, 7/8" diameter head and a
grip range of from 0.200• to 0.356•. The fasteners shall conform to ASTM B-633, type Ill SCI.
SECTION 210 -PAINT AND PROTECTIVE COATINGS
Delete subsection 210-1.6.
SECTION 212 • LANDSCAPE AND IRRIGATION MATERIAL
Add the following subsection:
212-1.5.4 Root Barriers
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Root control barriers shall be a "bio barrier" manufactured by Aeemay, Inc., (800) 284-2780.
No substitutes will be accepted. Contractor shall purchase 39" wide material and cut to 24". •
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Ill. MODIFICATIONS TO PART 3 OF THE
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
• SECTION 300 -EARTHWORK
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To subsection 300-1.1 add the following:
All objects or material within the right-of-way that interferes or obstructs construction shall be
removed whether or not such objects or material are designated on the plans to be removed.
Delete subsection 300-1.3.1 and replace with the following:
300-1.3.1 General
All removed materials shall be disposed of at a legally permitted dump or recycling site. All
material shall be removed from the site the day it is cleared or removed. The Contractor shall
not stockpile cleared or removed material or objects in the right-of-way.
Delete subsection 300-1.3.2(a) and replace with the following:
300-1.3.2(a) Bituminous Pavement
Bituminous pavement shall be removed to straight, sawcut lines. Where curb and gutter is to
be removed, the abutting A.C. shall be sawcut a minimum of 4' from the lip of the gutter and
also removed. The Contractor shall remove the curb and gutter, A. C. and base or sub-base to
a depth of 1.08' below top of curb grade and compact the area to minimum 95% relative
compaction before placing aggregate base.
To subsection 300-1.4 add the following:
Payment for sawcutting of A.C. paving shall be included in the contract unit price bid for A.C.
removal. Payment for traffic control necessary for sawcutting and removals shall be included
in the contract lump sum price bid for traffic control.
Delete subsection 300-2.1 and replace with the following:
300-2.1 General
Unclassified excavation shall consist of all excavation regardless of its location. The Contractor
shall inspect the site report prior to submitting a bid.
To subsection 300-2.6 add the following:
Payment for disposal of surplus material shall be included in the lump sum price bid for
unclassified excavation.
Delete subsection 300-2.8 and replace with the following:
300-2.8 Measurement
No measurement will be made of unclassified excavation.
To subsection 300-2.9 delete the first sentence and replace with the following:
Payment for all unclassified excavation shall be included in the lump sum price bid for
unclassified excavation.
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To subsection 300-4.2, add the following:
Areas to receive fill, except areas covered under subsection 301-1.3, including areas
over-excavated as directed by the engineer, shall be scarified to a depth of 6 to 8 inches, •
brought to near optimum moisture conditions and compacted to a minimum of 90% relative
compaction. Payment for this work shall be included in the lump sum price bid for unclassified
excavation.
Delete subsection 300-4.9 and replace with the· following:
300-4.9 Measurement and Payment
The lump sum price bid for unclassified excavation shall include full compensation for all
grading, shaping, compacting or consolidation, or other work that is required under this
subsection. No payment will be made for any unclassified fill.
Delete subsection 300-5.4 and replace with the following:
300-5.4 Measurement and Payment
Payment for purchasing, hauling and placing import material shall be included in the lump sum
price bid for unclassified excavation.
301 -TREATED SOIL, SUBGRAOE PREPARATION ANO PLACEMENT OF BASE MATERIALS
Delete subsection 301-1.3 and replace with the following:
301-1.3 Relative Compaction
In areas under curbs and gutters, base material or driveways, the top 12 inches of subgrade •
shall be compacted to a minimum of 95% relative compaction.
Delete subsection 301-1.7 and replace with the following:
301-1.7 Payment
Payment for preparing subgrade shall be included in the contract lump sum price bid for
unclassified excavation.
Payment for adjusting access holes, cleanouts and valve boxes to grade shall be included in
the contract unit price bid to construct said items.
302 -ASPHALT CONCRETE PAVEMENT
To subsection 302-5.5, sixth paragraph, add the following:
The spreading and finishing machine shall be equipped with an automatic screed control for
surface course paving. When an automatic screed control is not utilized the paving machine
shall be staffed with two full time screed operators.
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303 • CONCRETE AND MASONRY CONSTRUCTION
Delete subsection 303-5.5.1 and replace with the following:
• 303-5.5.1 General
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Finishing shall be completed as specified herein for the type of work being performed. The
concrete shall be finished true to grade and cross-section. Upon completion, all plane surfaces
shall be free of any unevenness greater than 0.25 inch when checked with a 1 o foot straight
edge. The 10 foot straight edge shall be furnished by the Contractor and shall be at the project
site prior to commencing placing of the concrete.
306 • UNDERGROUND CONDUIT CONSTRUCTION
Delete subsection 306-1.3.4 and replace with the following:
306-1.3.4 Compaction Requirements.
Unless otherwise specified, all trench backfill shall be densified to a minimum of 90% relative
compaction.
To subsection 306-1.6 add the following to the second paragraph:
Compensation for all thrust blocks shall be included in the unit price per linear foot of pipe .
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