HomeMy WebLinkAboutSouthland Paving Inc; 1987-03-26; 3261r L 1
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CITY OF CARLSEA1
MUNICIPAL PROJECTS DEPARTME?
I CONTRACT DOCUMENTS
I & PROJECT SPECIFICATIONS
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'RANCHOSANTAF
ROADBYPASS
PROJECT # 3261
TIYOTHY GWIN INS. AGENCY
9748 LOS COCHES RD. #I1
LAKESIDE, CA. 92040
6 19-390-0900
SOUTHLAND PAVING, INC .
361 SOUTH HALE AVE.
ESCONDIDO, CA. 92025
TYPE OF INSURANCE
PRODUCTSKOMPLETED OPERATIONS
COY719507
INDEPENDENT CONTRACTORS
BROAD FORM PROPERW DAMAGE
PERSONAL INJURY PERSONAL IF
TOMOBILE LIABILITY
ALL OWNED AUTOS (PRIV PASS )
ALL OWNED AUTOS (F&$R&!!”)
NON-OWWED AUTOS
GARAGE LIABILIW
PROJECT #: 3261
ADDITIONAL INSURED:
CITY OF’ CARLSBAD
1200 ELY AVE.
CARLSBAD, CA. 92008
. .r: ,'
STATE
COMPENSATION INSURANCE
P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
FUN D CERTIFICATE OF WORKERS'COMPENSATION INSURANCE
> I" 7; :. 1 ? __ 3 s$;; POLICY NUMBER ':
i -.. CERTIFICATE EXPIRES.
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This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the empla
We will also give you TEN days' advance 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 afforc
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other docur
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by tt
described herein is subject to all the terms, exclusions and conditions of such policies.
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EMPLOY E R
+p r - n7r-7 1'9-V ~ 0 86' IC1?1=H 'PIP 'YSI 17Yl'b FILE
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I PROPOSAL 3
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I CONTRACT 12
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TABLE OF CONTENTS
PAGE - ITEH 7
NOTICE INVITING BIOS 1
BIDDER'S 8OND TO ACCOMPANY PROPOSAL 7
DESIGNATION OF SUBCONTRACTORS 8
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10
11 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE
18
20
22
LABOR AND MATERIALS BONO
PERFORMANCE BONO
CERTIFICATION OF COMPLIANCE
EQUAL OPPORTUNITY PROVISIONS 1-9 thru 1 I SPECIAL PROVISIONS 23
1%
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:I T'Y gF C.ARLSEAD, C4CIFClRNI.4
%OT!CE IVVITING BIDS
Sealed bids will be received at the Office of the Purchas
Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, un
4:OO PM on the 25::: day of C~L~..~~., , 19 8, at wh time they >will be opened and read for perf~rmiriq the work
follows:
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? - ,-, 1 C?N?RACT NO. 2-2-
The work shall be performed in strict conformity with
specifications therefor as approved by the City Council of
City of Carlsbad on file with the City Clerk. Reference
hereby made to the specifications for Full particulars
description of the work.
No biU will be received unless it is made on a proposal furnished by the Purchasing Department. Each bid m.us
accompanied by security in a form and amount required by
The bidders' security of the second and third next 101
responsive bidders may be withheld until the Contract has I
fully executed. The security submitted by all other unsucces
bidders shall be returned to them, or deemed void, within (10) days after the Contract is awarded. Pursuant to
provisions of law (Public Contracts Code Section 201
appropriate securities may be substituted for any money depos
with the City to secure any obligation required by this notic
The documents which must be completed, properly executed,
notarized are:
1. Proposal
2. Bidder's 8ond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and
Experience
A11 bids will be compared on the basis of t3e Engin Estimate. The estimated quantities are approximate and
solely as a basis for the comparison of blds. The Engin Estimate is 5178,000 .
No bid shall be accepted from a Contractor who has not
licensed in accordance with the provisions of State law.
Contractor shall state his or her license number
classification in the proposal.
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Sets of plans, special provisions, and Contract documents ma
obtained at the Purchasing Department, City Hall, Carls~
California, for a nonrefundable fee of $ 0 (N~ yee) per set.
The City of Carlsbad reserves the right to reject any or all
and to waive.any minor irregularity or informality in such bi
The general prevailing rate of wages for each craft or typ
worker needed to execute the Contract shall be those
determined by the Director of Industrial Relations pursuan
the Sections 1770, 1773, and 1773.1 of the California Labor C
Pursuant to Section 1773.2 of the California Labor Cod
current copy of applicable wage rates is on file in the Offic
the Carlsbad City Clerk. The Contractor to whom the Contrac
awarded shall not pay less than the said specified prevai
rates of wages to all workers empl.oyed by him or her in
execution of the Contract.
The Prime Contractor shall be responsible to insure compli
with provisions of Section 1777.5 of the California Labor Cod
The provisions of Part 7, Chapter 1, of the California Labor
commencing with Section 1720 shall apply to the Contract
work.
A prebid meeting and tour of project site will not be
On Please refer questions to Garv Ke1LjSDn,_ Aoiect m I 438-1161. (EXT. 4383)
Bidders are advised to verify the issuance of all addend;
receipt thereof one day prior to bidding. Submission of
without acknowledgment of addenda may be cause for rejectic
bid.
Bonds to secure faithful performance of the work and paymer
laborers and materials suppliers each in an amount equal tc
hundred percent of the Contract price will be required for I on this project.
The contractor shall be required to maintain insurancl
specified in the contract. Any additional cost of said insu
shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, Calif0 da - , adopted on the 27th bjy Resolution No. 8947 , 19 87 . anuary
/I /987 ALetha Lu7.-%4dK& L. Rautenkrant, City CJer I Date
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CQUT~~ACT ua. a-2-
,- - 1 .? I PsoPosaL
City Council
City of Carfsbad
1200 Elm Avenue
Carlsbad, CA 92008
The Underslgned declares he sne has carefully exaninec
location of the work, read the Uokice Inviting Bids, examined
Plans and Specificatlons, and hereby proposes to furnish labor, materials, equipment, transportation, and serv required to do all the work to complete Contract No. 3261 in accordance with the Plans and Speciflcations of the Crt
Carlsbad, and the Special Provisions and that he/she wrll tak full payment therefor the following unit prices fof each
complete, to wit: r 1,
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I tem Desc ript ion wit9 Approximate Item Unlt Price or Lump Sum Qu an t 1 t y Unit
TO No. Price Written in Words Et Unit Price -
2A Excavation (Uncl . ) 2200 CY L34 /4/
4A Basecourse 575 TON /9#43 //,
Screeni ngs 1 6140 SY 3.30 2c
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1A ROW Clean Up & Disposal LS LS 9
3A A C Pavement 1565 TON 38,)z SG /
5A Chip and Seal (Oil & Rock
I 6A AC Berm 2430 LF 3x0
7A Saw Cut Pavement 1665 LF .80
8A Guard Rail 800 LF /9#2b /
9A Paint & Pavement Reflectors (12) is
LS IOA Signage (22 ea)
LS 1IA Traffic Control I
LS 12A Construction Surveying
13A Remove AC Berm 880 LF .97
14A Remove AC Pavement 600 SF /#4Z
15A Remove PCC Curb & Gutter 300 LF 3. LL
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IteT DescrLpt:si WL~Y Apgrax:7;t?
n ttza iinit Pries or Cine SLT dU?’lt .tf ‘?n L t
\o. Price Written in ~ords J: Unit =;LC0 I
Gi lLsL ~r,
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AC 3az for ,!e- ;-- -----
3c: 1 rcl lial Q; >ass c:Lrje,
Total amount of bid in words: 0- -x& .dc;/;t;; & \2
J d-’+ v
Total amount of bid in numbers: b /~SS,S~~.ZS
Addendum (a) No(s) /v6 has/have See
received and is/are incluaed in t17is proposal.
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,411 bias are to be computed on the basis of the given est
quantities of work, as indicated in this proposal, times th,
price as submitted by the bidder. In case of a discr,
between words and figures, the words shall prevail. In c
an error in the extension of a unit price, the cor
extension shall be calculated and the bids will be compu
indicated above and compared on the basis of the cor
totals.
The Undersigned has checked carefully all of the above f
and understands that the City will not be responsible f, errors or omissions on the part of the Undersigned in nak
this bid.
The Undersigned agrees that in case of default in executi~
required Contract with necessary bonds and insurance PO
within twenty (20) days from the date of award of Contr,
City Council of the City of Carlsbad, the proceeds of chl
bond accompanying this bid shall become the property of thl
o f Car lsb ad.
Licensed in accordance with the Statutes of the Sta
California providing for the registration of Contractors, L
No. qqlql
Identification FD, 3 3-06/ 0 b-38.
The Undersigned bidder hereby represents as follows:
1. That no Councilmember, officer, agent, or employee
City of Carlsbad is personally interested, direc
indirectly, in this Contract, or the compensation
paid hereunder; that no representation, oral
writing, of the City Council, its officers, agen
employees has induced him/her to enter into
Contract, excepting only those contained in this f
Contract and the papers made a part hereof by its
and
2. That this bid is made without connection with any p
firm, or corporation making a bid for the same wor
is in all respects fair and without collusion or fr I
Accompanying this proposal is 2- A (Cash, Certified Check, Bond, or Cashier's C
for ten percent (10%) of the amount bid.
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Ttle Undersigned is aware of the provisions of Sectlon 3700 of
Labor Code which require every employer to be lnsured aga
liability for workers' compensation or to underta~e s
insurance in accordance with the provisions of that code,
agrees to comply dith such provisions before comme~cing
performance of the work of this Contract.
The Undersigned is aware of the provisions of the Stat
California tabor Code, Part 7, Chapter 1, Article 2, relatlv
the general prevailing rate of wages for each craft or typ
worker needed to execute the Contract and agrees to comply I its provisions.
e 2au,*; xnt
4 183 ,i&z-YCU UP
der's Name 7mqh Phone Yumber
I I Dla t e Authorized Signature
Authorized Signature
30 t e- EiL9zotS csm. N HmL R Typelof Organization
(Individual, Corporation,
. Bidder's Address
Partnership)
List below names of President, Secretary, Treasurer, and Mana
if a corporation; and names of all partners, if a partnershiF
,XM2% A- -
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(NOTARIAL ACKWOYLEOCEMENT OF EXECUTION BY ALL PRINCI nus1 BE ATTACHED)
(CORPORATE SEAL)
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2IDDER'S 90NO TO ACCOMPANY PSCPOSAL
KNOW aLL PERSOUS EY MESE PREsEwrs:
7 ...-.-.\ 1/\ \ ,\,G'b C,(j , +( 7 , J-,ky I
c;,,-)L\, fit \ <~I(-/Wp&.: 1 (,viL.;( ,ti
That we 9 r: I '3
Principal, Surety, are held and firmly bound unto the C~ty of car1
California, in an amount as follows: hust be at leas percent (10%) of the bid amount) ,:7 I
arid AAE~.L;. t\;\i.~ .,- i
\i {c fl f?y$l\<.,,,)\ [.j:(*\ ;',p\
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heirs, executars and administrators, successors or ass
jointly and severally, firmly by these paynents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that i
proposal of the above-bounden principal for:
Rancho Santa Fe Road Truck Bypass
in the City of Carlsbad, is accepted by the City Council of
City, and if the above bounden Principal shall duly enter
and execute a Contract including required bonds and insL
policies within twenty (20) days from the date of Aw;
Contract by the City Council of the City of Carlsbad, bein5
notified of said award, then this obligation shall become and void; otherwise, it shall be and remain in full forc
effect, and the amount specified herein shall be forfeited t
said City.
In the event any Principal above named executed this bond
individual, it is agreed that the death of any such Prir
shall not exonerate the Surety from its obligations undei
bond.
Ilu 'WITNESS WHEREOF, we hereunto sat our hands and seal: ;? 5Tq d ay of Te,3<?c #\a -.\ , 19 $1 . - \
Corporate Seal (If Corporation) ,,$ +-g-e,Lqf .&,l %!/I
CI Principal
,\h"Ld) ";: 9 .-& ry LY. i 1<6( ,t , 1- I / t* b i +(I c~p~rjj /
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-. - s . \ =-- . By A&= '\J
Y&LQf-\-\$- 1 tp cy (Notarial acknowledqemen
execution by all PRINCIPJ
acknowledgement of and SURETY must be attacl
ey in Fact)
Y the undersigned, a Notary Public in and for said County and State,
2 , personally 5 known to me or proved to me on the basis of satisfactory evidence to be e the President. and---
8 - P) personaityappeared J (( v j- /I ! * L , F',; / t-4 I
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w I- m d===w
iuwwa~o~mnlvlmPh..wofy evidence to be
Secret- of the corporahon that executed the within
instrument on behalf of the corporation therein named, and acknow-
pursuant to its by-laws or a resolution of its board of directors
3 0
0 Z
8 iij oa, " 'c Signature
Y ledged to me that such corporation executed the within instrument
' 1 II -- *' 1 ' '\ 1 <,{ I ,\ (-- -), I/- I, / ,"
FOR NOTARY SEAL OR 1
r;GT, ?r "CS'.IZ ?. ,. - /
i-- .- 4-, .- - -
MERCHANTS BONDING COMP'
-MUTUAL-
POWER OF ATTORNEY
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DES MOINES, IOWA
Know All Men By Thebr Present\. that the MERCHANTS BONDING COMPANY (Mutual). a corporition duly organized undt
laus of the State 01 Icrua. and hdLing it, pnncipal otfice in the City of Des Moines. Count) of Polh. State ~f I~IWJ. ha(h niade. con\[ and appiintcd. and doc, by there p&nh niiche. conmute and appoint
David J. McKee
it\ true and lauful Attorney-in-Fact. u ith 11 tlt San Diego and State of California
and authtrrii! hcrch! i{intcmed in it\ nainc. place and bread. to 3ign. execute. acknouledgc and dcli\er in it5 behalf a\ \urq
Any and all bonds and undertakings in its normal course of business
and ti) hind the SlEKC'H-\ST.\ B0SI)ING COhWA\'r' thlutualt thci-ch! J\ lull! md to the ume extent a\ if wih hjnd or undcriAiii
biped h> tlic dul! authorimJ irtficcrk ot the 51EKCH.ANTS BONDING C'OhlPANY (hlutuali. .ind dl the x!\ (11 uid Attonic). pu
tu fhc authunt! hcrcin giicii. arc t1r.rr.h) r;ffiti~*iI Jnd conhied
Thiz Pnucr-of- AfI<rnic! I, iiidc and cwculcd purwmt tu and hy authorit! (if the following B!-Lau adoptcd h! the &,urd (it Dir
(11 ihe hlEKCH.4STS B! )Kl)lSG COblRASY i~lutu~l)
ARTIC'LL! 2. SECTION 54 --"The Chairnim ot thc Board or Proident or an! \ice Prehident or Sccretac \hall ha\c pn+L
authoni! t(> Jppiini .~ii,~nic~\-iii-~a~!. and to rluthori7c them to execute on behalf (if the Compan!. and attach thr. Sc.11 <
Conipan) thcrcio. hon& and undcn.Aing\. rccognizanwr. cwtract> 01 indemnit! and tither writing5 ohligd(r! in the
thereof."
111 i\itii~~- V'licrcot. SlERCHASTS BONDING C'O?.lP\N)' t5lutu.ili ha\ caurrd thcx prewnt, to hc. qncd h! it\ \iic Prcdcnt.
I:> i~rrp)ratc 4 to h- hereto atlixcd. thi\ 12th day of January A.1) . 143
.4ttc\t hlERCHANTS BONDING COSlPAS'r' I 1; ./-7
" /
/c' /&F B! Whil.'. L&?W x
'L. /$$t2( >' I, ii, < & /'r<~wl*wt : ,.< I 1
ST4TTE OF 1ON.A COUSTY OF POLK -\
On [hi, 12th day of January . 1983 . befiirc ntc ill?
to mc pcrrunall! kntiun. uho king hy nic duly ,wm did say that they iire Vice Residents respectively of the MERCHANTS &Oh
COMPANY (Mutud). the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument Corporate Seal of the ,aid Corporation and that the ,aid instrument was signed and sealed in behalf of said Corporatiun b! auth<l
it, Board of Director,
Rodney Bliss I11 and William W. Warner
e~~WUl~.Whereot'. I ha\c hereunto \et rn) hand and affixed my Official Seal. at the Cit! of Des hluine>. loua the da! dnd kc
.el*,%c mm~b **. ; .G ,$ ./.. -...~o *. rn t t $+&!i -;; .. : : \OWA ; : .. .= bv : ** *- *. ....... *
*** . .
,I,",*>,\\,,.,, 1.3;vn. 0. *- 4 :
8 :
'* '' ' I cL .e** STATE OF IOM.4
COL'NT'r' OF POLK .\
I. Rodney Bliss 111, Vice President
ot thc MERCH.4WS BOhDING COMP44NY t.h4utuali. do hereb! certif? that the above and torrgoin; I' .I lr
comeL.t ~.op! of fhc POWER OF AmORNEY. executed by said MERCHANTS BONDING COMRVO' IXluwii. *
\till in toric and rnect. A
In H' ne,\ Whcreof. I ha\c hereunto set my hand and dt?iwd the seal of the Company. at DegX' 1x2
19. "'1 -4 - [hi, 25 TN &I! ot .-
t-CL hrL\
ni5 pwcr ot attorney expire5 upon revocation
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DESIGNATION OF SUBCONTRACTORS
The Undersigned certifies he/she has used the subbLds c
following listed Contractors in making up his/her bLd anc
the subcontractors listed will be used for the work for
they bid, subject to the approval of the City Engineer, E
accordance with applicable provisions of the specificatrons
changes may be made in these subcontractors except upon the
approval of the City Engineer of the City of Carlsbad.
following information is required for each subcontra
Additional pages can be attached, if required: I
Items of Full Company Complete Address Phone Work Name w/Zip Code w/Area
Y96CM/+k 7-e PA k\a dl;+ & qa/o 4-22
fP ! &L&& - j&J d,€b, ca 9z// 3 +Bo - (
70 /3dX 3667 4w -
61 9
e5 '9
/2a A/, 3Fca*o e
/2/1 232-4 s+ 4/4
I 52 >,* 3,dAf2&-4 +dJ/~GU ca 9uu3 42.
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1 dd4,4!/4 7735-(L P -
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DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to provide the following information on the s
OF all the listed subcontractors as part of the seal
submission. Additional pages can be attached, 1f requlred.
Type of State Carlsbad Amoun
Contracting Business of Full Company Name License dr No. License No.* Bld ($
ah& $~L\A\+\&L 298637 C-32 42
&/& ?%rJLL- /76374 e-/ 3 /o %
/o 2
*Licenses are renewable annually . If no valid 1i
indicate "NONE". Valid license must be obtained pr I submission of signed Contracts.
LMad hk\ 3w.c.
Corporate Seal) 361 M H& Aue. €5~ .c
Bidder's Company %me
(Uotarize or
Bidder's Complete Address
3
/ y i /&/a Autnorized Signature
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SIDDER'S STATEMEYT OF FINANCIAL RESPONSIBILITY
The Undersigned subnits herewith a notarized or sealed stat
of his/her financial responsibility.
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sdL/-Q7&/q, ze /d[lFU L
Signature
(Notarize or I Corporate Seal)
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Date Name and Phone
Contract Name and Address Yo. of Person Type of Amount
Completed of the Employer to Contact Work Contrac
Rose to Ash 184947.90
69,055.50
Appian way 32,841.46
153,655.0
Concha De 25,880.5
131,3I.O. 6
City of Escondido Jim Bernardin 9/8/86 100 Valley Blvd 741 -46 16 Overlay
City of Carlsbad Greg Woods Wash. St
City of Carlsbad A1 Virgilio
San Diego County Al Hadon Los Morros
5555 Overland S.D. 466-8510 La Granada
Mc Cain Const. George Scott
City of Carlsbad A1 Virgilio Tamarack
1200 Elm Ave. 43 8 -56 2 1 Ave .
12/20/86 1200 Elm Ave. 438 -5621 Improvment s
1/13/87 1200 Elm Ave.
1/2/87
12/6/86 2220 Encinitas Blvd 942-0821 Via De La VI
2/7/87
438-5621
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i CONTRACT - PUBLIC WORKS
This agreement is made this -- -Afi day of %
1987, by and between the City of Carlsbad, California,
ereinafter called "City"), and
c5h-uzzN A
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all h
specified in the Contract documents for: Construction of Ran( Santa Fe Road Truck Bypass (hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall pro\
all labor, materials, tools, equipment, and personnel
perform the work specified by the Contract documents.
3. Contract Documents. The Contract documents consist of
Contract; the bid documents, including the Notice to Biddi
Instructions to Bidders' and Contractors' Proposals;
Plans and Specifications, the Special Provisions, and
proper amendments and changes made thereto in accordance
this Contract or the Plans and Specifications, and the b
for the project; all of which are incorporated herein by
reference.
The Contractor, her/his subcontractors, and mater
suppliers shall provide and install the work as indica
specified, and implied by the Contract documents. Any i
of work not indicated or specified, but which are essen
to the completion of the work, shall be provided at
Contractor's expense to fulfill the intent of said docume
In all instances throughout the life of the Contract,
City will be the interpreter of the intent of the Cant
documents, and the City's decision relative to said ir will be final and binding. Failure of the Contractc
apprise her/his subcontractors and materials suppliei
this condition of the Contract will not relieve her/h.
the responsibility of compliance.
4. Payment. As full compensation for Contractor's perforr
of work under this Contract, City shall make payment ti Contractor per Section 9-3 of the Standard Specification!
Public Works Construction. The closure date for each mo
invoice will be the 30th of each month.
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Invoices from the contractor shall be submitted according
the required City format to the City's assigned proj
manager no later than the 5th day of each month. Payme
will be delayed if invoices are received after the 5th
each month.
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5. Independent Investigation. Contractor has made
independent investigation of' the jobsite, the soil conditi
at the jobsite, and all other conditions that might aff
the progress of the work, and is aware of those conditio
The Contract price includes payment for all work that may
done by Contractor, whether anticipated or not, in order
overcome underground conditions. Any information that
have been furnished to Contractor by City about undergra
conditions or other job conditions is for Contracta
convenience only, and City does not warrant that
conditions are as thus indicated. Contractor is satisf
with all job conditions, including underground conditions
has not relied on information furnished by City.
6. Contractor Responsible for Unforeseen Conditions. Contrac
shall be responsible for all loss or damage arising oui
the nature of the work or from the action of the elementi
from any unforeseen difficulties which may arise 01
encountered in the prosecution of the work until
acceptance by the City. Contractor shall also be respons. for expenses incurred in the suspension or discontinuanci
the work. However, Contractor shall not be responsible
reasonable delays in the completion of the work cause
acts of God, stormy weather, extra work, or matters which
specifications expressly stipulate will be borne by City.
7. Change Orders. City may, without affecting the validit
this Contract, order changes, modifications, deletions,
extra work by issuance of written change orders. Contra
shall make no change in the work without the issuance
written change order, and Contractor shall not be entitle
compensation for any extra work performed unless the City
issued a written change order designating in advance
amount of additional compensation to be paid for the h
If a change order deletes any work, the Contract price 5
be reduced by a fair and reasonable amount. If the pa1
are unable to agree on the amount of reduction, the
shall nevertheless proceed and the amount shall be detern
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1 by litigation.
8. Prevailing Wage. Pursuant to the Labor Code of the Stat
California, the director of the Department of Indust
Relations has determined the general prevailing rate of
diem wages in accordance with Labor Section 1773 and a
of a schedule of said general prevailing wage rates
file in the office of the Carlsbad City Clerk, ai
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incorporated by reference herein. Pursuant to Labor C
Section 1775, Contractor shall pay prevailing wag
Contractor shall post copies of a11 applicable prevail
wages on the job site.
9. Indemnity.- Contractor shall assume the defense of, pay
expenses of defense, and indemnify and hold harmless
City, and its officers and employees, from all claims, la
damage, injury and liability of every kind, nature
description, directly or indirectly arising from or
connection with the performance of the Contract or work;
from any failure or alleged failure of Contractor to corn
with any applicable law, rules or regulations including th
relating to safety and health; except for loss or dam
which was caused solely by the active negligence of the Ci
and from any and all claims, loss, damage, injury liability, howsoever the same -may be caused, result directly or indirectly from the nature of the work covered
the Contract, unless the loss or damage was caused solely
the active negligence of the City. The expenses of defe
include all costs and expenses, including attorneys fees litigation, arbitration, or other dispute resolution methc
IO. Insurance. Without limiting contractor's indemnification,
is agreed that contractor shall maintain in force at times during the performance of this agreement a policy
policies of insurance covering its operations and insurz
covering the liability stated in Paragraph 9. The policy
policies shall comply with the special insurance instructi
in the Supplementary General Provisions and shall contain
following clauses:
Contractor's liability insurance policies shall contain
following clauses:
A. "The City is added as an additional insured as respr
operations of the named insured performed under contr
with the City."
B. "It is agreed that any insurance maintained by the I
shall apply in excess of and not contribute w
insurance provided by this policy."
All insurance policies required by this paragraph s I contain the following clause:
A. "This insurance shall not be cancelled, limited or
renewed until after thirty days written notice has
given to the City."
B, "The insurer waives any rights of subrogation it has
may have, against the City or any of its officers or
employees.
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Certificates of insurance evidencing the coverages requir by the clauses set forth above shall be filed with the Ci
prior to the effective date OF this agreement.
11. Workers' Compensation. Contractor shall comply with t
requiremenis of Section 3700 of the California Labor COG
Contractor shall also assume the defense and indemnify i
save harmless the City and its officers and employees fr
all claims, loss, damage, injury, and liability of eve
kind, nature, and description brought by any person employ or used by Contractor to perform any work under this ContrE
regardless of responsibility for negligence.
12. Proof of Insurance. Contractor shall submit to the Ci
certification of the policies mentioned in Paragraphs 10 E
11 or proof of workers' compensation self-insurance prior
the start of any work pursuant to this Contract.
13. Claims and Lawsuits. Contractor shall comply with '
Government Tort Claims Act (Government Code Section 900
seq.) prior to filing any lawsuit for breach of tl
contract or any claim or cause of action for money
.damages.
14. Maintenance of Records. Contractor shall maintain and m
available to the City, upon request, records in accorda
with Sections 1776 and 1812 of Part 7, Chapter 1, Article
of the California Labor Code. If the Contractor does
maintain the records at Contractor's principal place
business as specified above, Contractor shall so inform
City by certified letter accompanying the return of t
Contract. Contractor shall notify the City by certif
mail of any change of address of such records.
15. Labor Code Provisions. The provisions of Part 7, Chapter
commencing with Section 1720 of the California Labor C
are incorporated herein by reference.
d cash, cashier's check, or certified check may
substituted for any monies withheld by the City to sec
performance of this contract for any obligation establis
by this contract.
16. Securit . At the election of the City, securities in
17. Provisions Required by Law Deemed Inserted. Each and ev
provision of law and clause required by law to be inser
in this Contract shall be deemed to be inserted herein
included herein, and if, through mistake or otherwise,
such provision is not inserted, or is not correc
inserted, then upon application of either party the Contr
shall forthwith be physically amended to make such insert I or correction.
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18. Additional Provisionso Any additional provisions of t agreement are set forth in the "General Provisions't
"Special Provisons'9 attached hereto and made a part hereo
$&@W P&,Lq&K -
Contract or I (Seal
(Notarial acknowledgement of
execution by ALL PRINCIPALS must be attached.)
I APPROVED AS TO FORM:
I Appk\Q,,/;:3 5.Pm mvr ney
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I CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA 1 ss. County of ............ SAN ..... Dm ............................
..................................... sm ..... DXF@ ...............................................
appeared ............8@Z@
ev'dence to be the pe
................. ..................................... ............................ On this %%!I3 day of .............. , in the year ......................................................................... lW7 before me, a Notary Publi
............................................................................................................................................................................................... SZrn&R$
County, State of California, residing therein, duly commissioned and s\
............................................ 0 personally known to me, mroved to me on the bas
P&mm rnF*&W, me, 0 executed the within instrument as
........................................................................................................................
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offi . Seal, the day a$ ye stated in this certificate Jp ... ...J... :&L. f ? ............. :: ........... pTpJL L.k ......... c...
.............................. Notary Public
+f ....... 8
MY commission expihs, ..LLfid* .................. 3. Y-
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380750-7-83
[ CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA 1 ss. County of ................................................................................ sm i3fr.a
day of ........... .............................................................. BfARa in the year ......................................................................... m3-l before me, a Notary Publi
County, State of California, residing therein, duly commissioned and sv
..... IElmxDm2 ................... " ................................................................
.... .sQ- .... RAVZG. .. .mm .,.... ..xE!c.* ..............................................
.................................. .....
. ........................................... 0 personally known to me, mroved to me on the bas] I
.............................. ........................................
the corporation which executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offic
560750-7-85
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I CERTIFICATION OF COMPLIANCE
I hereby certify that SYeLZ&d-/ p@&Ll, A - Legal Name of/ Contractor in performing under the Purchase Order awarded by the City
Carlsbad, will comply with the County of San Diego Affirmat
Action Program adopted by the Board of Supervisors, including
current amendments.
"3- /3-g7 f& L &iLJ
Date pignature (Seal)
(NOTARIZE OR CORPORATE SEAL) /odd- -- $l Title
(Notarial acknowledgement of execution by all principals must
attached e )
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GENERAL INFORMATION REGARDING COMPLIANCE HITH
AFFIRMATIVE ACTION AND MINORITY BUSINESS ENTERPRISE PROGXAMS
1. Affirmative action requirements for this contract are specified by the "Notice of Requirement for Affirmative Action to Ensure Equal Employmen Opportunity (Executive Order 11246) ,'I (see page 1-17) and the "Standard Equal Opportunity Construction Contract Specifications" (see page 1-18) contained herein. Said notice and specifications adopted by resolution
of the Board of Supervisors August 22, 1978, satisfy the "Notice" and
"Specification" requirements contained within 41 CFR 60-4 of May 8, 197
Information-A directory of MBE contractors or information on how to qua as a Minority Business Enterprise (MBE) may be obtained by contacting:
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Office of Contract Compliance (M.S. 0370) County of San Diego
5555 Overland Avenue, Bldg. 2, Room 208 San Diego, CA 92123 (619) 565-3900
3. Minority ana bemale Business Enterprises will be afforded full oppor- tunity to submit bids in response to this invitation, and will not be discriminated against on the grounds of race, color, sex, handicap or
National Origin, in consideration for the award. Each bidder may be
requested to certify that good faith efforts were made to meet the
Minority Business Enterprise (MBE) parti ci pation goal. (See page 1-11)
4. The contractor and all subcontractors shall submit a "Monthly Ernploymep Utilization Report" (Form CC-257) to arrive by the fifth of each month
the address listed below. This report shall be signed by the Equal Employment Opportunity Officer designated by the contractor or subcon- tractor. A list of all contracts held by the contractor or subcontracl for work in San Diego County shall be attached to the first Form CC-25i
submitted. Thereafter updated lists shall be included only when new contracts are received or old contracts are completed. Reports shall f
submitted to: . City of Carlsbad Municipal Projects Division
2075 Las Palmas Drive
Carlsbad, EA 92009-4859
Attention: Gary Kellison
Bidders are encouraged to direct questions regarding affirmative actio1
and Minority Business Enterprise requirements to the Project Manager a the above address or by telephone at (619) 438-1161 ext. 4383.
l-AA/MBE 8-24 1-8 D AFF/ACTION.O Std. form I Rev. 8-86
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1-AA/F4BE 8-23 Rev. 5-83 P !4/14ASTE9
FA12 EYPLOY .o
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for vioiazion of Drevailina was2 rates. the ConzractJr. ine awaraing authorfry nay aeauct any jiiC:l aanages from zn! nonies due the Contractor.
6. Nothing contained in the52 Fair Emuloyment ?racticzs prwisions sna' be c3nstrued in any manner or fasnion so as to prevent the Owner as awardinc authority from pursuing any other remedies that may be availaD1e a7: law.
Nothing cmtaine4 in the Fair E:nployment Practicss provisions sna7 1 be construed in any manner or fasnion so as to require or perxit the hiring of an employee not permitted by the National Labor Relations Acz.
7. awarding aurhoriry that he!sne has or will meot the following sranaards for
affirmative comuiiancz, which snall be evaluate4 in eacn case by the awaraii authority .
a. The Contractor shall provide evidence, as required by the awarding
authority, that he/she has notifie4 all supervisors , foremen and other personnel officers, in writing, of the content of the antidiscrimination
clause and their responsibilities unaer it.
authority, that heishe has notified all sourc2s of employee referral s
( i ncl udi ng unions, emu1 oyinent agencies, adverti sements, Cal if orni a Emu1 oymei Development Department) of the content of the anti-discrimination clause.
c. Personally, or through his/her representatives, the Contractor shal' through negotiations with the unions with whom he/she has agrzements, atteml to develop an agreement which will:
referral y upgrading and trai ni ng.
terns of the unions' specific areas of skill and geography, to the end that qualified minorit-- workers will be available and given an equal opportunity
d., The Contractor shall notify the awarding authority of opposition to
the anti -di scri mi nati on cl ause by indi vi dual s y fi rms or organi zati ons duri ni the period of its prequal i fi cation.
8. The Contractor will include the provisions of the foregoing paragrapns
through 7 in every first tier subcontract, so that such provisions will be
binding upon each such subcontractor.
9* has or wiil meet tne stanaaras tor aifirinative ac7:ion cornoiiance witn tne Fa1 r tm i oyrnent ?rac;i c,os requi rements contai necl nerei n.
Std. Form
Rev. 5-83
Sucn nonies say 3e r?cgver=n, fron -,
a.
b. I
Prior to award of the Contract, the Contractor shall certify ix the
i ' b. The Contractor shall provide evidenccb, as required by the awarding
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( 1 ) Spell out responsi bi 1 i ties for non-di scrimi nation in hi ri ng ,
(2 I Othemi 52 imp1 ement an affirmative anti -di scrimi nation program i n
I for employment.
D
The Contractor, in executing the proposal, thereby certifies t3at he/shl
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P1rl/PIASTE3 I FAIR/EYPLO~ -1 l-AA/N3E 8-23
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IIINORITY BUSINESS ENTERPRISE GOALS
FOR THIS PROJECT
1. Board of Supervisors Policy 8-39
Board of Supervisors Policy 8-39 states that Vinority Business Enterprises (MBE), which includes women-owned business2sY within San Diego County will be afforded maximum opportunity to compete for all County contracts, provides for the establishment of MBE subcontracting goals, and requires that potential contractors denonstrate a "good fait' effort" if the goals are not achieved on a particular contract. The Board of Supervisors has also adopted the provisions of Public Contract Code Section 2000, which prevails over any conflicting provisions of Policy B-39.
2. Objectives
The following goal is imposed (1) to assure that funds spent under this contract do not perpetuate the effects of past discrimination in the construction industry against minority and women business enterprises,
(2) to encourage minority and women business enterprises to bid on pub1 construction contracts, and (3) to overcome the unwillingness of businesses other than minority and women business enterpri ses to participate in a significant way with minority and women business enterpri ses on public construction contracts.
3. MBE Goal for the Project - Five Percent
The Owner has established a Minority or Women Business Enterprise (MBE)
goal of - 5% percent for this project. A bidder who fails to neet this goal or to make a good faith effort, as defined in paragraph 6 below, t do so shall be declared non-responsive.
(a) "Minority or women business enterprise" means a business enterpri sf that meets both of the following criteria:
(1)
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A business that is at least 51 percent owned by one or more
minority persons or women or, in the case of any business who2 stock is publicly held, at least 51 percent of the stock is owned by one or more minority persons or women.
A business whose management and daily business operations are controlled by one or more minority persons or women.
(b) "i4inori ty person" means Black Americans, Hispanic Americans, Natiw Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians) , Asian-Pacific Americans (including persons whose origii are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guar the United States Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, and Taiwan), or any other group of naturi persons identified as minorities in the project specifications.
P\J/MASTER Std. Form I AFF/ACTION. 1
Rev. 1-87 1-11
(2)
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4. MBE Subcon tractor Documen ta ti on i
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The bidder shall designate subcontractors in accordance ni th the instructions contained in the form titled OESIGSATION OF SUBCONTRACTORS contained in these contract documents. These instructions require certain information at the time of bid submittal and perinit some other infornation to be submitted later upon request of the owner. In addition, the bidder shall include information regarding MBE subcontractors and material suppliers on the form titled BIDOE2 MBE INFOR!dATION PART 1 ( see 7 below) e
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5. MBE Vendors
The total dollar amount of materials or services provided by MBE vendors shall be credited toward meeting the established XBE participation goal for this project.
Documentation of participation by MBE vendors shall be included on the BIDDER PIBE INFORMATION form( s) incorporated in these contract documents. I 6. Good Faith Effort Defined
(a) A bidder who fails to meet the MBE goal for this project must, pric to the time bids are ooened, have made a good faith effort to mx
the goal.
In evaluating the good faith effort of a bidder, the owner shall (b) I consider the following criteria:
(I) The bidder attended any presolicitation or prebid meetings tha were scheduled by the Owner to inform all bidders of the
minority and women business enterpri se program requirements fc the project for which the contract will be awarded. The Owner
may waive this requirement if it determines that the bidder i! informed as to those program requirements.
The bidder identified and selected specific items of the
project for which the contract will be awarded to be performec by minority or women business enterprises to provide an
opportunity for participation of those enterpri ses.
The bidder advertised, not less than 10 calendar days before the date the bids are opened, in one or more daily or weekly
newpapers, trade association pub1 ications, minority or trade oriented publications, trade journals, or other media, specified by the Owner for minority or women business enterprises that are interested in participating in the project. This paragraph applies only if the Owner gave publi
notice of the project not less than 15 calendar days prior to the date the bids are opened. Accordingly, this paragraph's
1-12 P AFF/ACTION.2
requirements are waived for this proposal.
(2)
(3)
PW /MASTER
Std. Form Rev. 1-87
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(4) The bidder provided written notice of his or her interest in bidding on the contract to 1 or more
business enterprises not less t3an 10 calendar days prior to the opening of bids. To the extent possible, the Owner shall make available to the bidder not less than 15 calendar days prior to the date the bids are opened a list or a s'ource of lists of enterprises which are certified by the local agency i minority or women business enterprises. The bidder may utili;
the Owner's list and the list of certified minority or women business enterprises prepared by the Department of Transportation pursuant to Section 14030.5 of the Government Code for this purpose.
contacting the enterprises to determine with certainty whethe the enterprises were interested in performing specific i tens the project.
enterprises with information about the plans, specifications,
and requirements for the selected subcontracting or material supply work.
The bidder requested assistance from minority and community organizations; minority and women contractor groups; state, or federal minority and women business assistance
offices; or other organizations that provide assistance in th recruitment and placement of minori ty or women business enterprises, if any are available.
The bidder negotiated in good faith with the minority or wome business enterprises, and did not unjustifiably reject as unsatisfactory bids prepared by any minority or women busines enterprises, as determined by the Owner.
Where applicable, the bidder advised and made efforts to assi interested minority and women business enterprises in obtaini
bonds, lines of credit, or insurance required by the Owner or contractor.
minority or women
(5) The bidder followed up initial solicitations of interest by
(6) The bidder provided interested minoriw and women business
(7) local,
(8)
(9)
(10) The bidder's efforts to obtain minority and women business enterprise participation could reasonably be exDected by the
Owner to produce a level of participation sufficient to meet
the goal s and requirements of the Owner.
(c) The performance by a bidder of all of the criteria specified in paragraph 6(b) shall create a rebuttable presumption, affecting tk burden of producing evidence, that the bidder has made a good fait effort to comply with the goal and requirements relating to participation by minority and women business enterpri ses.
Std. Form r AFF/ACTION.3
Rev. 1-87 1- 13
PIJ/MASTER
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7. "Good Faith Effort" Documentation I
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Uuon request, the bidder shall submit to the Owner at the office at which
bids were received within five (5) working days after the bids for this project were opened, an executed BIDDER MBE INFORMATION fom (PARTS 1 and 2 as required) as contained in these contract documents . Additional copies of said form can be obtained at the office where bids were received for this project. I 8. Award of Contract
A bidder who does not attain the project MBE goal and has not made a "good faith effort" shall be declared non-responsive. A bidder so declared may file an appeal in writing with the Clerk of the Board within
ten (10) days of the notification of the declaration.
a. Upon receipt of a bidder's written appeal, the Clerk of the Board shall set a hearing before the Board within ten (10) days.
b. At the hearing on the appeal before the Board, the Director of the
Contract Compliance Office and bidder may introduce evidence.
MBE Certi f i ca ti on
Eligible contractors, subcontractors and vendors wishing to participate as MBEs on this project must be certified by the County's Contract
Compliance Office or the California Transportation Department (CALTRANS). Information regarding certification can be obtained by calling Contract
Compliance (619) 565-3900.
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9.
I 10. MBE Directory
The Contract Compliance Office maintains a listing of firms certified to be Minority Business Enterprises in accordance with applicable Federal , State and County MBE certification guidelines. This directory is avail- able to prospective bidders at no charge.
Bidders will be permitted to rely upon the authenticity of firms listed in this directory. A bidder desiring to use an MBE not included in the County MBE Directory will be allowed to do so, but will be required to provide appropriate information from the MBE and obtain certification of the MBE before participation is counted toward the project goal.
1 11. Performance by MBE Subcontractors and Suooliers
The MBEs listed by the bidder in the executed BIDDER MBE INFORMATION
submitted in accordance with subparagraph 7 above, which are determined
by the Owner to be certified MBEs, shall perfom the work and supply the materials for which they are listed unless the bidder has received prior written authorization to perform the work with other forces or to obtain the materi a1 s from other sources. P W /MASTER AFF/ACTION. 4 F Std. Form 1 Rev. 1-87 I- 14
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Authorization to utilize other forces or sources of materials may be
requested for the following reasons:
(1) The listed MBE, subcontractor or supplier, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, based upon the general terms, condition>, plans anc specifications for the project, or on the terms of such subcontractor's or supplier's written bid, when the contract is presented by the bidder. I
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(2) The listed MBE becomes bankrupt or insolvent.
(3) The listed MBE fails or refuses to perform the subcontract or furnist the 1 i s ted materi a1 s.
(4) The listed MBE subcontractor fails or refuses to meet the bond requirements of the bidder.
(5) The work performed by the listed subcontractor is substantially un- satisfactory and is not in substantial accordance with the plans and specifications , or the subcontractor is substanti a1 ly delaying or disrupting the progress of the work.
(6) It would be in the best interest of the Owner.
Absent prior written authorization by the Owner, the bidder shall not be
entitled to payment for any work or materials to be performed or supplied
by a listed MBE unless actually performed or supplied by that MBE.
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PW/MASTER
Std. Form Ezl AFF/ACT. 4
* 12 C€~~iF~CN CF ICRK, *ME CF %E (SiBCZ.WCTW'/E?rDOR) EL'IR WCUNT -0 S h mNIC %E
?-I10 Fils %E1
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BIDDER MBE INFORMATION PART I1 (Documentation of Good Faith Effort)
Project: ~~nc~o SaZia F~ /i!o,d FY c Project NO.: 3441
0s l.
Bidder: SoLJ-hlawd 4)~..,,:nq, LJ~c~ Bidder Representative: k? ichQr J 1
This form must be completed if the total MBE participation does not meet the
MBE goal established for this project.
1. Did you attend the pre-bid meeting? Yes444 Not Applicable
*
If not, please explain why you believe you are sufficiently knowledgeabl about the owner's :IBE program requirements such that the owner should
waive the requirement that you attend pre-bid meetings:
No pre-bid meeting will be held for this contract.
2. Did YOU identify and select specific items of the project to be performt
by MBEs? YesfFSo ye5
If so, please explain what steps you took. 8
flJverh'se J 1 y? D@I Iy @Jrcicfoi-i p?cp
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PGIf MASTER
Std. Form 1 AFF/ACT.S Rev. 1-84 16-a
1
3. Did you advertise in any daily or weekly newspapers, trade association publications, minori ty or trade oriented publications, trade journals, o
other media for MBEs who might be interested in participating in the project? YE3lab (Not required due to short notice period. )
If so, please detail your efforts and attach a copy of all
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* I advertisements.
4. Did you provide written notice of your interest in bidding on the contract to any MBEs? Yes/No /dG
If so, please state the names of the MBEs and the dates notice was giver and please attach copies of any notices.
5. Did you follow up initial solicitations of interest by contacting the MBEs to determine with certainty whether they were interested in
performing specific i tems of the project? c/ e s
If so, please detail these solicitations, giving the dates, names of
MBEs, and method of solicitation, and attach copies of any writings you have which document these solicitations.
Yes/No
.8 C"P:(led Ay,, qJ4Clbi t-1 eS
a -$Or QLLOPC
P 14 /I4 AS T E!?
Std. Farm E AFF/ACT .6
Rev. 1-87 16-b
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6. Did you provide interested MBEs with information about the plans,
specifications, and requirements for the selected subcontracting or
If so, p7ease state the names of the MBEs, the nature of the information
provided, and the dates, attaching copies of any writings which document
material supply work? Yes/No N 0
i your efforts.
7. Did you request assistance from minori ty and communi ty organizations, minority and women contractor groups, local, state, or federal minority and women business assistance offices, or other organizations that
provide assistance in the recruitment and placement of minority or women
If so, please give the names of the organizations contacted and the dates of your contacts, attaching a copy of any writings which document your efforts.
business enterprises? Yes/No NO
jflof g7l0bGLh yi yl*/c d
I $a. Do you believe you negotiated in good faith with the MBEs? Yes/No ?i/ es
If so, please state the basis of your belief.
p epsu.p0-\ poy;tUcc-; 4- ?&;Th -+he fvL&5
0Jpq;Eh #hal/y- 5j7Clii’M /nfOest / i 17 b j c
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PW/MASTER
Std, Form EIl AFF/ACT .7
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8b. Did you reject as unsatisfactory any bids prepared by any MBEs?
Yes/No /Ir e
If so, please list those MBE bids you rejected and state your reason for rejecting them. a
9. Did you advise and make efforts to assist interested MBEs in obtaining
bonds, lines of credit, or insurance required by the owner or you?
Yes/No BG
If so, please describe those efforts, state the name of MBEs and dates 0' your contacts, and attach a copy of any writings which document your I efforts.
*
PW/FSASTER
Std. Form m AFF/ACT. 8
Rev. 1-87 16-d
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10. Do you feel that your efforts to obtain MBE participation could reasonably be exoected to produce a level of participation sufficient to
meet the goals and requirements of the contract documents?
‘If so, please state the basis for your belief.
I YesfNo /’pe s
-7 $?& GO&/ -
y 6 @)jjLh We CoBs;deP
as c,bs;e as *5’Le.y;!- ;k2Y-Q p@rp42!. la/ (2- )?a\-- /
‘7
“/i% jBI ,d r‘ #;/ GyJ DATED : Signature of Bidder
a
PW/MASTER
Std. Form 1 AFFfACT.9
Rev. 1-87 16-e
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NOTIE ff XECUIRMENT FrR AFFIRMATIVE
ACTION 70 %SURE ECUAL WLO'RKNT
OPCORTUN 1 TY ( EXECLIT I M ORDE;? 1 1 246 1
FCR ALL CNSTRUCTION CNRACTS TO 9E
AWAROQ 3Y m CCUNC CF SN.( OIEGY
1. The Offeror's or Sldder's ai-tentlon 1s called * th "Eaual Opporrunity Clause", (Fair faoloy-
nent ?ractlc=sl and the "Stanaard Feaera 1 Equal Enro lovment Opportunity Cansrrucrlon
Speclficatlons" SeT forth hereln.
2. Ths goals and ffmetables for minorfiy and female partlcipatfon. exoressed In perconta- teras
for the Cantracxr's aggregate wrkfacs In 5acn traae on all mnstruction vork in %e aversd
area, am 3s follows:
Goals For r4fnorrty Goals For Female
T I METABLES Partlclpatlon For Participation In Each
Each Traat Tra a?
16.91 6.9%
These gwls am appllcable tu all the Contractor's constructtan work (whether or nut lt 1s
Federal or federally-assisted, or County-assisted) performed in tfre covered area. If the
Contractcr perform cons*uctlon wrlc In a geographical area located outsicb of ths covered
ama. It shall apply the goals establlshed for suc! geagraohical area mere the dork 1s
actually perfwma. 'dl* regard tu this second area, the Contrackr alw, 1s subjecf b the
goals for both lts federal ly-involved and non-federal ly Involved cmstructlon.
The Contrac+cr's amp1 Ian- vith the aopropriaTe County rules ana regulations, the Executive
Order and the 2egulattons fn 41 CF2 Par+ 60-4 shall be based on It3 Implementa-rlon of the
Equal Oppor+unIty Clause. soeciflc aiflrsaTive action obllga~lons reauired by the specfflu-
tlons set forth in 41 CFR 60-4.3 (a), and its effwh to meet the pals. The hours of
minority and female rmp10ymen-t and training must ke suoszantlally unffonn througnout the
length of the antract, and In each trade. and the Contractor shall make a good faith effort
tu emoloy mlnorlties and women evenly on each of Its pmjecis. The transfer of minority or
female employees cr trainees from Contracror tu Contractor Q from project tu project for the
sole purpose of meting the Contractor's goals shall be a violation of th contracf. the
Executlve Order and the regulations In 41 CFR Part 0'0-4 and appropriate County rules and egU-
latlons. Compllane wlttr the goals wlli be measured against th total work hours performed-
3. The Canwactcr shall provide wri% notfflc3tfon to the Oirectcr of the Offlo4 of Federai
Contracf Campllancs Programs, and to the County CantTact Camollan- Office, within 10 working
days of award of any consdmscilcn subcontract In excess of $10,000 at any tier fa conS*ur
tlon work under ih amtract resultlng from thls solicltatlon.
the name, address and teiephone number of the subcontracfor; emoloyer Identlflcstlcn nUmDw of
the subcontractcr; estlmated dol lar amount of the subcontract; estimated startrng and am0 le-
tlcn dates of ths subcontract; and the geographical area ln wnld tta suocontrad 1s ?u se
performed.
The notiffcation shall IfS+
4. As used ln this Notice, and In the contract msuiting fran this sollcfta~ion. ths "covered
area" 1s San Olego County, Cailfornla.
5. The contractor(s1 and subcontractor(s) shall comply vi* all appllcable County rules and
regulatlons.
P'#/MAST€3
Std I-WMBE Form 8-24 rn AFF/ACT I ON - 5
Rev. 1-85 1-17
STX:JDAAfr EJLAL E:.IPL3YME:IT
O??O2iJNiTY C3iiSTWCTiO!i
C3NTZACT S2Et i F I CAT1 OX
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I. As usea in these specifications:
11 r a. I Di ego ;
Loverett area" means the geocrapnical ar2a aescrioea in tfie solici-G- tion from rlnicn this conwact resulzea, State of California, County of San
b. "3irector" means Direcr,or, Office of Federal Contract Compliance
Programs, Unitea States De?arment of Lanor, or any person to xhom the D'irec- tor aelegatzs authority;
numDer used on the Enployer's Quarteriy Federal Tax Remrn, U.S. Treasitry OegarLTen7: iorn 941.
I1 c c. mpi oyer iaentification numer" means the Federal Social Securizy
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d. "Xi nority" incl udes:
(i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Cznxral
(iii) Asian and Pacific Islander (all persons having origins in any
or South American or other Spanish culture or origin, regardless of race);
of the original peoples of the Far East, Southeast Asia, the Indian Sumonti- nent, or the Pacifica Islands); and
(iv) American Indian or Alaskan Native (a17 persons having origins in any of the original peoples of North America and maintaining identifiable tribal affi1 i at1 ons througn memoershi p ana parti cipation or communi xy
i den ti fi cati on 1.
2. Whenever the Contraczor, or any Subcontractor at any tier, SuDcantracts a portion of the work involving any construction trade it shall physically include in each subcontract unless exempted by 41 CFR 6-1.5(a){l), the pro- visions of these specifications and the Notice which contains the applicable
goals for minority and female participation and which is set forth in the soli ci utions from wni ch thi s contract resul xed.
3. If the Contractor is participating (pursuant to 41 CfR 0-0-4.5) in tfie Sari Diego "Hometown Plan" approved by the U.S. Deyartment of Labor in the County of San Oiego area either individually or through an association, its affirma- tive action obligations on all work in the San Oiego Plan area (including
goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the San Oiego Plan.
able to denonstrat? their participation in and compliance wi';3 the provisions of any such Hometown P1 an. Each Contractor or SuDc3ntractor parti ci pati ng in
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PWIMASTL?
Std. L-AA/!*t8E Form 8-23 E AFF/ACTION. 6
I I Rev. 5-83 1-18
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an approved San Die20 Plan is inaivicuaiiy requirecl x cmgiy idit!\ its ooli- gations ilnaer che. EE3 cia~~z~, ana =s ,=it a zooa fait2 effort cs acnieve C. '23~3
goal uncle? ;ne San 2iego Pian in eacn craae in dnicn it has empioyees. over211 gooa faith perforzance by other Contractors or Subcgntraczor-s toward a goal in an approved San Diego plan does not excase any covered Conrracror's or Subc3ntr3ctor failure to cake good faith efforts to achieve the San Diego Plan goals and time3Dles.
4. The Contractor shall implement the specific affirmative acci on scmdrirds
provided in paray3phs 7a through p of these specificacions.
forth in the solicitation from which this co.ntract resulted are exprgssed as
percentages of the total hours of enployment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has ernpioyePs in the covered area. Covered Construczi on contractors perfomin? constructfon wcrx in geoloGi cal areas unere tSey do not have a Federal or federally assisted constxczion contract shall apply the minority and fenale goals estaolished for the geo-
grapnical area unere Lte work is being perforned, periodically in tbe Federal Register in notic: form, and such no~ic2s may De obtained from any Officg of Federal Conzract Compliance Programs office or from Federal procurement contracting offi ers. The Contraczor is Zxpected to make SuDstantially uniform progress in meeting its goals in each craft during
the peri od specified.
5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the Countj, State or Federal regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to ernploy the apprenticzs and trainees at the cornpleti on of thei r trai ni ng , subject to the avai 1 abi 1 i ty of empl oyment opportunities. approved by the U.S. Department of Labor.
7. employment opportunity. these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the
f 01 1 ow i ng :
a. dation, and coercion at all sites, and in all facilities at which the Con- tractor's employees are assigned to work. The Contractor, where possible, will assign t~o or more women ta each construction project. shall specifically ensure that a11 foremen, superintendents, and otner onSi2 supervisor] personnel are aware of and carry ou'i the Concractor's obligation
Std. Form E AFF/ACTION.7 1-,4A/ 58 E 8- 23
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The goals s22 1
Goals are published I
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Trainees nust be trained pursuant to training programs
The Contractor shall take specific affirnative actions to ensure equal The evaluation of the Contractor's compliance with I
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Ensure and maintain a working environment free of harassment, intimi-
I The Contractor
P'IJ/MASTL?.
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. -- t~ mai ntai n sucx ;Jorxi ng envi ronmenz, wi ~a spec; TI c. azzznti on to ai nori zy or femaie inaiviuuals ,dorkina at sucn sizes or in suc3 facilities.
b. Escaolish ana inaintain a currenc lis< of minoriq and fenraIe recruiz- ment sourc2s, provide written noti fi catjon to ninori tj and fenale recrui tzent
sources ana to community organizazions wnen the Contractor or its unions have employment opportmities availaoie, and maintain a recwd of tfie organiza-
tion's responses.
Yainrain a current file of the names, address ana telephone numbers of eacfi ninoriq and female off-the-szreer, applicant and minority or fernale referral from a union, a recruitient source or communicy organization and of
what action war taken wizh resi~ecz to each such inaiviaual. If such indivi- dual was sent to the union niring ha11 for ref2rral and was not referred back
to the Contractor by t9e union or, if refxred, not employed by Lye Contrac- tor, this snall be documentta in the file with the reason therefor, along
with wnatever additional actions the Contractor may have taken,
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d. Provide immediate written nol:ir'ication to the Director and the County when the union or unions with whicn the Contractor has a collective bargain- ing agreement has not reierrea to tne Contraczor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impede4 the Contractor's efforts to meet its
Develop on-the-job training opportunities and/or participate in e. training programs for the area which expressly include minorizies and women, including upgrading programs and apprenticeship and trainee programs relevanl: to the Contractor's ernployment needs, especially those programs funded or approved by the Department of Labor.
these programs to the sources compiled under 7b above.
Disseminate the Contractor's €EO policy by providing notice of the
policy to unions and training programs ana requesting their cooperation in assisting the Contractor in meeting its €EO obligations; by including it in
any policy manua? and collective bargaining agreement; by publicizing it in
the company newspaper, annual report, etc. ; by specific review of the poliq
with all management personnel and with all minority and female employe- as at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is perforaed.
g.
The Contractor shall provide notice of
f.
Review, at least annually, the company's €EO policj and affirmative action obligations under these specifications with all employees having any
responsibility for hiring, assignment, layoff, termination or other employ- ment decisions including specific review of these items with onsite super- visory personnel such as Superintendents, G2neral Foremen, etc., prior to the initiation of construction work at any job site. A writzen record shall be
made and maintained identifying the time and place of these meetings, persons atzenai ng, subject matter di scussed di sposi tion of the subject matter.
Std. Form E AFF/ACTION. 8 L-AA/MBE 8-23
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h. Sissminat2 the Cdntractor': EEl3 2olicg externally oy inciuaing it in any aaverzising in the news aedia, soesific3l:y incluaina minority ana fenale news nedia, ana praviding drittsn notjficatjon to ana disc3ssing me Contrac- tar's EE3 p0'iiC.j With other Concrac~ors ana Suoc3ncraczors Mith wnom 'ue
Concractor does or anti cipates aoing business.
female and communicy organizations, to scnools *Ai th ininoriry and female
students and to minority and femle recruiment and craining orqanizations serving the Contractor's recrui tmenc arza and employment neecls. Not later than one moncn prior to the date for tne accegtance of applications for apprenticesnip or other training by any recruiment source, the Contraczar snall send written notifications to organizations sucn as the aoove, describing t9e openings, screeninq procedures, and tests to be useg in tae selection proczss.
i. 3irest its recruitment eiforrs, both oral ana ~ritten, to minority, I
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j. Encourage present minority and female employees to recruit other
minority persons and women, and where reasonable, provide after school,
summer and vacation employment to minority and female youth both on the sit2 and in other areas of a Contractor's workforcg.
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k. Validate all tests and other se'Iection requirements where there is an obligation ta do so unaer 4: CFR Part 60-3, and/or County 2egulations and Procedures.
1. Conduct, at least annually, an inventory and evaluation at least of
all minority and female personnel for promotional opportunities ana encourage these enployees to seek to to prepare for, through appropriate training, etc., such ooportuni ties.
m. Ensure that seniority practices, job classifications, work assign-
ments and other personnel practices, do not have a discriminacory effect by continually monitoring all personnel and employment re?ated activities to ensure that the EEO policy and the Contractor's obligations unaer tnese spec- ifications are being carried out.
except that seyarate or si ngle-user tai let and necessary changing faci? i ties shall be provided to assure privacy between the sexes.
0. *Document and maintain record of all solicitations of offers for SUD-
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n. Ensure that all facilities ana company activities are nonsegregated
contracts from minori ty female construction contractors and suppliers, including circulation of solicitations to minority and female contraczor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to
and performance under the Contractor ' s €EO pol i cies and affi rmati ve action ob1 igati ons.
8. assist in fulfilling one or more of their affirnative action ooligations
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Contractors are encouraged to participate in voluntary associations whi c!~
P'rl/MASTZ
1-21 E AFF/ACTION.9 Std. Form I Rev. 5-83
l-AA/I.lBE 8-23
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Contractor actively participates in the group, ;;lakes ever1 effort, to asiuri! tliac the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program ar2
reflected in the Contractor's minority ana female workforce parzicipation, makes a good faith effort to meet its individual goals ana tiinecaoles, ana can provide access to documentation wni cR demonstrates L?e effeczi veness of actions =Ken on behalf of the Contractor. The ooligation to comply, how-
ever, is the Contractor's and failure of such a group to fulfill an ooliga- tion shall not be a defense for the Conrraczor's noncmplianca.
9. A single goal for minorities and a separatz single goal for women have been estabiishea. The Contractor, however, is required to provide equal em- ploynent opportunity to take affirnative action for all minority groups, boa male and female, and all women, both minority and non-ninority.
quently, the Contractor may be in violation of the Executive Order and/or
Countlj regulation if a particular group is employed in a sabstantially dis- parate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order and/or County regulation if a specific minority group of women is underuti 1 i zed) .
10. The Contractor shall not us2 tbe goals and timetables or affirmative action standards to discriminate against any person because of rac2, color, religion, sex, or national origin.
11. The Contractor shall not en-r inro any subcontract with any person or
f i rrn debarred from government contracts pursuant to Executi ve Order 11246 and/or debarred from County contracts pursuant to County Ordinance 3778 (New Series) Article IIIJ of the County Administrative Code.
12. The Contractor shall carry out sucn sancti'ons and penalties for violation of these specifications and of the .Equal Opportmity Clause, including sus- pension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its
implementing regulations, by the Offico of Federal Contract Compliance Pro-
grams and/or County Ordinance 3778, Article IIIJ by the Board of Supervisors. Any Contractor who fails to carry out such sanctions and penalties shall be
in violation of these specifications and Executive Order 11246, as amended and County Ordinance 3778 (New Series) Article IIIJ of the Administrative
Code.
13. The Contractor in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment oppor- tunity. If the Contractor fails to comply with the requirements of the
Executive Order, the implementing regulations, or these specifications, the
Std. For3 I Rev. 5-83
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PW /HASTE2 1 AFF/ACTiON.LO :l-AA/MBE 8-23
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I 3irocz3r snail ?rxeea in accwaancz AIZI JL C:x 60-d.3 ana/or ;fie ~3un~:i $oar3 ai Suuervisars ;;lay inpos2 me or inore J? De foiiowing sanctions if :?e Contractor fa1 1 s to comiy .ditn the orai nancs or tnes2 spec1 fi cations:
a.
concraccs until it has denonsirat& to the satisfaction of me County t9at it
has made a gooa faith effort to imorove minorit-- ana female enoloynent, and Hill comoly with the notice and stanaard Federal EE9 c3nstruction c3ntTact specifications in effect at the time of any futilre bias; in no event snail iz
be a responsible bidder on contracts advertiszd within one year from iilcn
findings, unless earlier approved by the Board of Supervisors.
b. County.
c. Terminare any portion of the c3ntracz or wor:c theremaer.
d. Direct the prime contractor to terninate all or pan of the contracz with any suocontractor deternined to be in violation of the specifications.
e. Find that any subcontractor in violation of this Program is not a responsible party to a County contract and refuse to accept bids from prime contractors wno intend to use suc3 subcontractors in perforning County contracts, unti 1 the subcontractor has demonstratea to the satisfaction of the Countj that it has made a good faith effort to improve minority ana female employment and will comply with the notic2 and E.E.O.C.C.
Specifications in effect at the tine of any future bids; in no event shall it
be a responsible party to any County contract advertised within one year from such finaing unless earlier approved by the Board of Supervisors.
When the County proc-cis with such formal action it has the burden of proving that the contractor has not met the goals contained in t'le notice of requirement for Affirmative Action. The Contractor's failure to meet its goals shall shift to it the requirement to come foward with evidence to show that it has met the good faith requirements of these specifications by insti-
tuting at least the specific steps listed in the specifications.
pendency of such proceedings shall be taken into considerazion by the Count;l
in determining whether such Contractor can comply with the requirements of these speci fications, and is therefore, a "responsible prospective ConWac- tor" within the meaning of the basic County regulations.
14. The'Contractor shall designate a responsible official to monitor a71 employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government or County and to keep records. least include for each employee the name, address, telephone numbers, Con-
struction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic,
apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locati ons at whi ch
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Find that the contractor is not a responsiole bidaer fx any further
Terminate the entire contract effxtive at a time specified by tne I
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Records shall at
P!.I/MASTEX D AFF/ACTION.ll Std. Form
Rev. 4-84 1-23
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E. Noching herein provided shall be construed as a limitation upon the
application of requirenents for the hiring of local or other area resiaents (e.g., those unae? the TuDIic Uorks Employment ACT of 1977 and tRe Cornmunit:/ Development 310~~ Grant Program).
2ecaras snall be inainwinec in zn ezsi?y
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P!i /CIASTER D AFF/ACTION.~~
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SPECIAL PROVISTONS
Pa - I tern -
Supplementary General Provisions 2
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S UP P LE PI E PJ T F. R Y G F V E R F L P R OV I S I 0 N S
1-1 TERYS -
To Section 1-1, add:
A. Reference to Drawings:
Wh e r e "note "scheduled", or words of similar import are used, it shall understood that reference is made to the plans accompanying the
provisions, unless stated otherwise.
B. Directions:
W h e r e w o r d s I'd i r e c t ed I' , I'd e s i g na t e d " , 'Is e 1 e c t ed" , o r w o r d s similar import are used, it shall be understood that t
direction, designation or selection of the Engineer is intend
unless stated otherwise. The word "required" and words
similar import shall be understood to mean "as required
properly complete the work as required and as approved by f
City Engineer", unless stated otherwise.
C. . Equals and Approvals:
Where the words llequalll, "approved equal", "equivalent", and s'
words of similar import are used, it shall be understood SI
words are followed by the expression "in the opinion of
Engineer," unless otherwise stated. Where the words "approve
"approval", "acceptance", or words of similar import are used,
shall be understood that the approval, acceptance, or simi
import of the Engineer is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that
Contractor, at her/his expense, shall perform all operatio labor, tools and equipment, and further, including the furnish and installing of materials that are indicated, specified, required to mean that the Contractor, at her/his expense, sh
furnish and install the work, complete in place and ready to L
including furnishing of necessary labor, materials, too
equipment, and transportation.
w o r d s rrshow n" , 'I i n d i c a t e dl', Ird e t a i 1 e dl',
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1-2 DEFINITIONS -
Modify Section 1-2 as follows:
Agency - the City of Carlsbad, California.
Engineer - the Project Manager for the City of Carlsbad or h approved representative.
- 2-5 PLANS - AND SPECIFICATIONS
To Section 2-5.1, General, add:
To specifications for the work are the Standard Specificatic
for Public Works Construction, 1985 Edition, with 19
supplement, hereinafter designated SSPWC, as issued by t
Southern California Chapter of the American Public Wor
Association, and these Special Provisions.
The Construction Plans consist of 6 sheet (s) designated as Cj of Carlsbad Drawing No. 278-1 . TFe standard drawings utili2
for this project are the latest edition of the - San Diego AI
Regional Standard Drawings, hereinafter designated SDRSF
issued by the San Diego County Department of Public Worl
together with the City of Carlsbad Supplemental Standa
Drawings. Copies of pertinent standard drawings are enclos with these documents.
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- 4-1 MATERIALS - AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or 1
appointed representative. The Engineer shall have free access
any or all parts of work at any time. Contractor shall furn
Engineer with such information as may be necessary to kc
her/him fully informed regarding progress and manner of work character of materials. Inspection of work shall not relic
Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency w bear the cost of testing material and/or workmanship where
results of such tests meet or exceed the requirements indica
in the Standard Specifications and the Special Provisions.
cost of all other tests shall be borne by the Contractor.
All backfill and subgrade shall be compacted in accordance w
the notes on the plans and the SSPWC. Compaction tests may made by the City and all costs for tests that meet or exceed
requirements of the specifications shall be borne by the City. I
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Said tests may be made at any place along the work as deem1
necessary by the Engineer. The costs of any retests mad necessary by noncompliance with the specifications shall b borne by the Contractor.
Add the following section: 1 4-1.7 Nonconforming Work
The Contractor shall remove and replace any work not conformin to the plans or specifications upon written order by th
Engineer. Any costs caused by reason of this nonconforming wor
shall be borne by the Contractor.
6-7 TIHE OF COMPLETION
The Contractor shall begin work within 3 calendar days afte
receipt of the "Notice to Proceed" and shall diligent1
prosecute the work to completion within - 42 consecutive day
after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between tl. hours of 7:OO AM and sunset, from Mondays through Fridays. Tk contractor shall obtain the approval of the Engineer if he/sl.
desires to work outside the hours stated herein.
Contractor may work during Saturdays and holidays only with tl
written permission of the Engineer. This written permissi( must be obtained at least 48 hours prior to such work. TI
Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the fili:
of a "Notice of Completion" and any faulty work or materia
discovered during the guarantee period shall be repaired 1
replaced by the Contractor, at his expense.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will
assessed the sum of $1,000 per day for each day beyond t
completion date as liquidated damages for the delay. A
progress payments made after the specified completion date sha
not constitute a waiver of this paragraph or of any damages.
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6-9.1 Early Completion Fonus
If the Contractor completes the work to the full satisfaction o
the Engineer prior to the completion date, he shall be entitle(
to a bonus of S500 per day, for each full day between actua
completion, up to and including the completion date, a
specified in this contract, up to a maximum amount of $7,500.
7-3 LIABILITY INSURANCE AND 704 WORKERS COMPENSATION
rlodify Sections 7-3 and 7-4 as follows:
SPFCIAL I?JSURF.NCF INSTRUCTIONS - FOR COKTTRACTORS
Contractor shall procure and maintain for the duration of th
contract insurance against claims for injuries to persons c
damages to property which may arise from or in connection wit
the performance of the work hereunder by the Contractor, hi agents, representatives, employees, or subcontractors. If tk
insurance is on a "claims made" basis, coverage shall t
maintained for a period of three years from the date c
completion of the work. The cost of such insurance shall I:
included in Contractor's bid. The insurance company c
companies shall meet the requirements of City Council Resolutic I No. 8108.
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A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 000.2 (Ed. 1/7
covering Comprehensive General Liability; and Insuran
Services Office form number GL 0404 covering Broad Fo
Comprehensive General Liability ; and II
2. Insurance Services Office form number CA 0001 (Ed. 1/7
covering Automobile Liability, code 1 "any auto"; and
3. Workers' Compensation as required by the Labor Code
the State of California and Employers' Liabili I Insurance.
8. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. Comprehensive General Liability: $1 ,000,000 combir
single limit per occurence for bodily injury and propel damage. If the policy has an aggregate limit, a separ:
aggregate in the amounts specified shall be establist for the risks for which the City or its agents, offict
or employees are additional insured.
2. Automobile Liability: $1,000,000 combined single lin per accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability: Workei
compensation limits as required by the Labor Code of 1
State of California and Employers' Liability limits
$1,000,000 per accident.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be decla
to and approved by the City. At the option of the Ci
either: the insurer shall reduce or eliminate s
deductibles or self-insured retentions as respects the Ci
its officials and employees; or the Contractor shall proc
a bond guaranteeing payment of losses and rela
investigation, claim administration and defense expenses.
0. Other Insurance Provisions
The policies are to contain, or be endorsed to contain,
following provisions:
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I 1. General Liability and Automobile Liability Coverages:
a. The City, its officials, employees and volunteers i
to be covered as insured as respects: liabil
arising out of activities performed by or on beh<
of the Contractor; products and completed operatil
of the Contractor; premises owned, leased, hired
borrowed by the Contractor. The coverage sh, contain no special limitations on the scope
protection afforded to the City, its officia
employees or voluteers.
b. The Contractor's insurance coverage shall be prim,
insurance as respects the City, its officia employees and volunteers. Any insurance or se
insurance maintained by the City, its officia
employees or volunteers shall be excess
Contractor's insurance and shall not contribute w it.
c. Any failure to comply with reporting provisions
the policies shall not affect coverage provided
the City, its officials, employees or volunteers.
d. Coverage shall state that Contractor's insura
shall apply separately to each insured against w claim is made or suit is brought, except with resp
to the limits of the insurer's liability.
2. Workers' Compensation and Employers' Liability Coverag
The insurer shall agree to waive all rights subrogation against the City, its officials, employ and volunteers for losses arising from work performed II Contractor for the City.
3. All Coverages
Each insurance policy required by this clause shall
endorsed to state that coverage shall not be suspenc
voided, cancelled, reduced in coverage or in lin
except after thirty (30) days' prior written noticc
certified mail, return receipt requested, has been 9:
to the City.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a Bests' rai of no less than A:XI unless otherwise authorized by I
Council Resolution No. 8108.
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I F. Verification of Coverage
Contractor shall furnish the City with certificates
insurance and with original endorsements affecting cover2
required by this clause. The certificates and endorseme for each insurance policy are to be signed by a per:
authorized by that insurer to bind coverage on its behal
The certificates and endorsements are to be in forms provic
by the City and are to be received and approved by the Ci
before work commences.
G. Subcontractors
Contractor shall include all subcontractors as insureds unc its policies or shall furnish separate certificates :
endorsements for each subcontractor. All coverages 1
subcontractors shall be subject to all of the requiremer I stated herein.
7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor,
encroachment, right-of-way, grading, and building perm
necessary to perform work for this contract on City property,
streets, highways (except State highway right-of-way), railw
or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental
the work are obtained.
7-8 PROJECT AND SITE .MAINTENANCE
To Section 7-8.1, Cleanup and Dust Control, add:
Clkanup and dust control shall be executed even on weekends
other non-working days at the City's request.
Add the following to Section 7-8:
7-8.8 Noise Control
All internal combustion engines used in the construction shall
equipped with mufflers in good repair when in use on the pro;
with special attention to City Noise Control Ordinance No. 31
Carlsbad Municipal Code, Chapter 8.48.
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7-10 PUBLIC CONVENIENCE AND SAFETY
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Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safety and Protection of Workers and Public
The Contractor shall take all necessary precautions for t
safety of employees on the work and shall comply with a
applicable provisions of Federal, State and Municipal safety la
and building codes to prevent accidents or injury to persons a
about, or adjacent to the premises where the work is bei
perf o rrned. He/she shall erect and properly maintain at i
times, as required by the conditions and progress of the WOI
all necessary safeguards for the protection of workers i
public, and shall use danger signs warning against hazai
created by such features of construction as protruding nai.
hoists, well holes, and falling materials. I
7-13 LAYS TO BE OBSERVED
Add the following:
. Municipal ordinances which affect this work include Chap,
11.06, Excavation and Grading.
If this notice specifies locations or possible materials, such
borrow pits or gravel beds, for use in the proposed construct
project which would be subject to Section 1601 or Section 1603
the Fish and Game Code, such conditions or modificati
established pursuant to Section 1601 of the Fish and Game C
shall become conditions of the contract.
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL I Delete this section.
9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having tc
with reductions in amount of retention.
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I SPECIAL PROVISIONS
SCOPE OF WORK
This project consists of the preparation of a truck bypass la
on the old Rancho Santa Fe Road alignment from ~a costa ~ven
northerly about 5,000 feet. Improvements include, but are n limited to the following major items:
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qrading
A.C. Paving
Chip and Seal
Clean up
This work shall be provided complete in place and ready f operation, built in conformance to SSPWC, 1985 edition, exce I for the following modifications:
TRAFFIC CONTROL IN CARLSBAD CITY STRFETS
The traffic control includes the construction of detou~
street closures, and related work necessary and requil for construction work in traffic lanes.
A. Notifications
7 - 1.
The Contractor shall notify the following C:
Departments 24 hours prior to the start of work
this project and 24 hours prior to the closing
opening of a street or alley within the City
Carlsbad.
Engineering Pepartment - 438-5541
Police Department - 438-5511 Fire Department - 438-5521
The City of Carlsbad will furnish, at no charge
the Contractor, "TEMPORARY YO PARKING" signs to
posted (and removed) by the Contractor as requi
to facilitate progress of the work. The signs sh be removed by the Contractor immediately when
required to facilitate the work. I B. Earricades, Guards and Safety Provisions
1 To protect persons from injury and to avoid prope
damage, adequate barricades, bridging, construct
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signing, warning lights, and guards as require shall be placed and maintained during the process c construction work and until it is safe for traffi
to use the street or highway. All piles o
material, equipment, pipe and other objects that m?
serve as obstructions to traffic shall be barricadc
and have warning lights. The warning lights sha:
be of intermittent flashing type, amber in color ai
shall be working from one-half hour before du$
continually until one-half hour after dawn tk
following morning, and when visibility is poor. A:
safety rules and regulations of local and Stat
authorities shall be observed.
Portable delineators, including the base, shall
composed of a material that has sufficient rigidi
to remain upright when unattended and shall
either flexible or collapsible upon impact by
vehicle. The base shall be of such shape as
preclude roll after impact. The base shall of l sufficient weight or shall be anchored in such
manner that said delineator shall remain in
upright position.
If the portable delineators are damaged, displace
or not in an upright position, from any cause, sa
delineators shall immediately be replaced
restored to their original location, in an uprig
position by the Contractor.
The vertical portion of the portable delineatc
shall be predominately orange color. The post shc be not less than 1-1/4" in width or diameter,
tapered, shall have a cross-section area of not le
than 100 square inches measured through the vertic axis of the delineator, normal to the roadway. 1
minimum height shall be 37" above the traveled waJ
Fluorescent traffic cones shall be of gc
commercial quality, flexible material suitable
the purpose intended. The outer section of 1
portion above the base of the cone shall be a hig'
pigmented fluorescent orange polyvinyl compou
The overall height of the cone shall be at lel
28". The base shall be of sufficient weight ( size or shall be anchored in such a manner that
traffic cone will remain in an upright position.
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I c. Traffic Control
In order to expedite the passage of public traf
through or around the work and where ordered by
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Engineer, the Contractor shall install sign
lights, flares, barricades, and other facilities f
the sole convenience and direction of publ
traffic. Also, where directed by the Engineer, t
Contractor shall furnish competent flagpersons who
sole duties shall consist of directing the moveme
of public traffic through or around the work. material or equipment shall be stored where it wi
interface with the free and safe passage of publ traffic and at the end of each day's work and
other times when construction operations a
suspended for any reason, the Contractor sha
remove all equipment and other obstructions fr
that portion of the roadway open for use by publ
traffic.
Fxisting traffic signal and highway lighting systt
shall be kept in operation for the benefit of 1
traveling public during progress of the work i
other forces will continue routine maintenance
existing systems.
The Contractor may be required to cover cert;
signs which regulate or direct public traffic. '
Engineer will determine which signs shall
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Construction operations shall be conducted in SUC
manner as to cause as little inconvenience
possible to abutting property owners. All stre
and highways used by the Contractor shall be k
free of debris, dust, and mud by the Contractor.
Personal vehicles of the Contractor's employ
shall not be parked on the traveled way at any ti
including any section closed to public traffic.
When entering or leaving roadways carrying pub
traffic, the Contractor's equipment, whether en or loaded, shall in all cases yield to pub
traffic.
The provisions in this section may be modifiec altered if, in the opinion of the Fngineer, put
traffic will be better served and work expedi
Any proposed modifications shall be approved
writing by the Engineer.
Whenever a lane closure is made, the Contrac
shall close the lane by placing fluorescent tra
cones, portable delineators, or other devi
approved by the Engineer, along a taper and a:
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the edge of the closed lane adjacent to pub1
traffic. One telescoping flag tree with flags sha
be placed at the beginning and at the end of t
taper.
Whenever work is being performed adjacent to a 12
carrying traffic, the edge of lane or edge
pavement shall be delineated by placing tempora
portable delineators adjacent thereto.
Should the Contractor appear to be neglectful
negligent in furnishing warning and protect:
measures as above provided, the Tngineer may dirl
attention to the existence of a hazard and t necessary warning and protective measures shall
furnished and installed by the Contractor at his/'
expense. Should the ~ngineer point out t
inadequacy of warning and protective measures, si
action on the part of the Fngineer shall not reli
the Contractor from responsibility for public saf or abrogate his/her obligation to furnish and
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Full compensation for furnishing, placi
maintaining, replacing and removing construct
signing, barricades, delineators, and traffic cor for covering signs as directed by the Engineer:
for furnishing flagpersons shall be considered
included in the various contract items of w
involved and no separate payment will be m
therefor.
2. DUST CONTROL -
The Contractor shall furnish a water supply vehicle on
job site. The Contractor shall apply water in the amoi
and at intervals as directed by the Engineer. The wz
supply vehicle and an operator shall be available up(
reasonable notice as determined by the Engineer for afi
hour, weekend, or holiday dust control work. If Operator is not available for dust control measures,
City will arrange for the work to be performed by otl
and will deduct all equipment, labor, and material c
thereof from the contract amount. The Contractor SI
furnish a street sweeper vehicle on the job site and sl
sweep areas as directed by the Engineer.
All costs involved for dust control, including suppl
and operating water supply vehicles, and street sweel
shall be absorbed in other items of work.
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3. ASPHALT WORK
A, Asphalt concrete and base shall conform to t
requirements of Sections 203, 301 and 302 of t
SSPWC, and these contract documents.
Aggregate base material shall conform to Secti
200-2.2 of the SSPWC and these contract documents.
Be Street section shall be as called out in the plans
C. Base bid shall include subgrade scarificatic
moisturization, and compaction to a minimum
ninety five (95%) percent relative compaction and
a minimum depth of six (6") inches.
D. Subgrade prepared prior to scarification operati
shall be within plus or minus one tenth of a foc Base and asphalt street sections shall be instal:
with specified elevations as per plans.
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E. A tack coat shall be applied on existing asphc
surfaces, along the saw cut and on existing pavemc
to be resurfaced at the rate of 0.10 gal/SY. 1
tack coat shall be Type SS1 asphaltic emulsion.
F. For new street sections, as the entry and er
lanes, a prime coat shall be applied, conforming
302-5.2 of SSPWC.
G. For the shoulder sections along the old r(
alignment, oil and rock screening surface shall
prepared as per the requirements of Section 302-
and 302-3.3.
r3. Where new construction abuts existing roadway,
joining shall be along saw cut edges.
CLEAN UP
The clean up includes the removal and disposal of tr
and debris within the !?OW of the Truck Bypass. Shrubs
brush shall be removed from road shoulders. Trees sh
be trimmed or entirely removed as directed by the Engir
in accordance with 300-1.1 of SSPWC.
_. 4.
+- m a '*
March 1, 1990
TO:
FROM: Gary Kellison, Project Manager
KAREN KUNDTZ, DEPUTY CITY CLERK
25% PERFORMANCE (Wm BOND RELEASE
SOUTHLAND PAVING
Please disregard my December 1989 request to continue to hold the above bond. I
asked the contractor to repair a small section of road surface.
investigation showed that the failed section was the original County roadway,
Southland Paving's new construction.
The warranty bond may be released.
CONTRACT NO. 3261 - RANCHO SANTA FE ROAD TRUCK BYPASS
Subsequent f
GARY KEJUSON
Project Manager
GK:jkb
Attachment
c: Municipal Projects Manager
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UNO Reply Necessary
Our records indicate that the
above-referenced subdivision/p
your written authorization/approval for release.
the status, and if release is 0.k.
Please let me know
Thanks, Y- b
e
March 7, 1990
Southland Paving, Inc. 361 South Hale Ave. Escondido, CA 92025
Re: Bond Release - Rancho Santa Fe Road Bypass - Contract No. 3261
Per instructions from our Municipal Projects Department, we are hereby releasi the following bonds for the above-referenced contract:
Performance Bond #CA106896 Merchants Bonding Company $164,583.25
Labor and Materials Bond #CA106896 Merchants Bonding Company $164.583.25
The bonds are enclosed so that you may return them to your surety.
$&& eputy City Clerk
Enc.
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2E
* @
December 22, 1989
TO: KAREN KUNDTZ, DEPUTY CITY CLERK
FROM: Gary Kellison, Associate Civil Engineer
RANCHO SANTA FE ROAD TRUCK BYPASS, PROJECT NO. 3261 - SOUTHLl
PAVING, GENERAL CONTRACTOR
BUENA VISTA LAGOON ISLAND RESTORATION, PROJECT NO. 3258 - SI
EQUIPMENT RENTAL, GENERAL CONTRACTOR
Please do not release any bonds for the above contractors becai
I am demanding warranty repairs from them. -,%y 7JQjjgg;-
GARY KELLISON Pro j ect Manager
GK:jkb
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WITE IT- DON’T SAY I$
Date 94 -
a Reply Wanted
1/ /’
To
From Karen Kundtz, Deputy City Clerk UNO Reply Necessary
Re: Bond Release -
Our records indicate that the
above-referenced subdivision/project is- eligi6e for release.
your written authorizationlapproval for release. Please let me know
the status, and if release is 0.k.
dSyb &- u We need
Thanks,
b
PRINT
Y-
AIGNEA FORM NO. 55032
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1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (619)
Office of the City Clerk
&itp of (ICarIs’trab
July 31, 1987
Southland Paving, Inc.
361 South Hale Ave.
Escondido, CA 92025
Re: Bond Release - Contract No. 3261 - Rancho Santa Fe Road Bypa:
The Notice of Completion for the above referenced project has
recorded. Therefore, we are releasing 75% of the Performance
Bond. Please consider this your notification that$123,437.43
of Merchants Bonding Company Performance Bond No. CA106896 is
hereby released. We are required to retain the remaining 25%
for a period of one year.
filed, it will be released.
The Labor and Materials Bond will be released six months from the
date of recordation of the Notice of Completion, on December 12,
1987.
At that time, if no claims have been
x%$* Deputy ity Clerk
Enc .
2358 m Recording requested by:
City Clerk
City of Carlsbad
When recorded mail to: NOTICE OF COMPLETION
i387 Jut4 i 2 R! 2: 5 City of Carlsbad
1200 Elm Avenue ENGINEERING
Carlsbad, CA 92008 VE? 2, i. , L'! t. t COUN t Y mXxm:;2
To All Laborers and Material Men and to Every Other Person Interested:
L II_
YOU WILI. PLEASE ?ME NOTICE that on April 30, lSS7
the Engineering project consisting of
Truck Bypass
The Rancho Santa Fe Road
on which Southland Paving, Inc.
was the contractor, and
was the surety, was completed.
Merchants Bonding Company
CITY OF CARLSBAD
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of
said City on Julie 9, 1987
completed and ordered that a Notice of Completion be filed.
accepted the aSoi.3 described work as
I declare under penalty of perjury that the foregoing is true and
correct .
Executed on June 10, 1987 aL Cai-l.sSad, California,
CITY OF CARLSBAD
City l2kGczk4fld Clerk m
G-p /.,-'..-.'. ,
I -<,.#/<Q . : a > ;* .y 4. .. ( ,$ ~. .: .L g ' '4' (: . I - -
i.
e Ot
1200 ELM AVENUE TELE
CARLSBAD, CALIFORNIA 92008 (619)
Office of the City Clerk
(dltp o€ Carlfjbab
June 10, 1987
Vera L. Lyle
County Recorder
P. 0. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following described document:
Notice of Completion - Engineering
Rancho Santa Fe Road Truck Bypass
Southland Paving, Inc.
Our staff has determined that recordation of this document is of
benefit to the City.
Thank you for your assistance in this matter.
Therefore, we request that the fees be waived.
zii?d=x-
Deputy City Clerk
KRK/ks
Encl .
0 e Re$ording requested by:
City Clerk
City of Carlsbad
When recorded mail to: NOTICE OF COMPLETION
City of Carlsbad 1200 Elm Avenue ENGINEERING
Carlsbad, CA 92008
To All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on April 30, 1987
the Engineering project consisting of
Truck Bypass
The Rancho Santa Fe Road
on which Southland Paving, Inc.
was the contractor, and Merchants Bonding Company
was the surety, was completed.
CITY OF CARLSBAD
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of
said City on June 9, 1987 accepted the above described work i
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 June 10, 1987 at Carlsbad, California.
CITY OF CARLSBAD
LzfGZzL 4 i5?&J c City Clerk