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HomeMy WebLinkAboutSouthwest Construction Co Inc; 1993-04-19; 3391Recording requested by: )-) 2190 CITY OF CARLSBAD ) ) When recorded mail to: ) ) City Clerk ) City of Carlsbad ) ) 1200 Carlsbad Village Drive Carlsbad, CA 92008 ) Space above for Recorder's Use NOTICE OF COMPLETION Notice is hereby given that: 1 . The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 4. The nature of the title of the undersigned is: In fee. 5. A work of improvement on the , ·.roperty hereinafter described was completed on June 30, 1993. 6. The name of the contractor, if any, for such work of improvement is Southwest Construction. 7. The property on which said work of improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Pro1ect No. 3391, Sidewalk Construction at Alga, Alicante and El Camino Real Roads. 8. The street address of said property is NONE. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008: the City Council of said City on _Ay._fillst 3 _, 1993, accepted the above described work as ~Qt11µi~~-sd ~t~d (,((.:!;-. ?~~ lhat & ~-~c(;~G :.. ;~ C:\)i 1-,,=;i~~;C1i1 00 ~.;:~~- i declare under penalty of perjury that the foregoing is true and correct. Executed on August 4 , 1993 at Carlsbad, California. EXHIBIT 4 CITY OF CARLSBAD ALETHA L. RAUTENKPANZ City Clerk CITY OF CARLSBAD PROJECT: Construction of Sidewalks for Alga, Alicante, and El Camino Real Roads CONTRACT CHANGE ORDER NO. 2 CONTRACT NO._33=9 ....... 1 __ P.O. NO. 15626 CONTRACTOR: Southwest Construction Co. ACCOUNT NO. 310-820-1840-3391 ADDRESS: ---=29=0=-=9=--R:...:.a=i.;..:.nb=o=wc:.....a.V=a=lle"""y--=B=o=-=u::.:.;le=-=v.;::;:a::....::rd=--------------------- Fallbrook California 92028 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2, Change Initiated by the Agency, Standard Specifications for Public Works Contract, 1991, perform the following: Item 1: Add four SDRSD D-27, sidewalk underdrains @ $2,000.00 each = $8,000.00 Increase to Contract Cost ................... ·· ................... $8,000.00 INCREASE TO CONTRACT COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,000.00 Contract #3391 Change Order 2 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING (>N/P.O. CHANGE ORDER) FINANCE CONTRACTOR H:\LIBRARV\ENG\WPDATA\INSPECT\CHGORDER\3391-2.CHN APPROVED BY: CITY OF CARLSBAD PROJECT: Construction of Sidewalks for Alga, Alicante, and El Camino Real Roads CONTRACT CHANGE ORDER NO. 1 CONTRACT NO._33~9~1 __ P.O. NO. 15626 CONTRACTOR: Southwest Construction Co. ACCOUNT NO. 310-820-1840-3391 ADDRESS: __ 2 ___ 90--9~R=a-in_b ___ o~w_V~a=ll_e.._y~B"""o ___ u~le~v ... ar"""d _____________________ _ Fallbrook California 92028 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor. Pursuant to subsection 3-2, Change Initiated by the Agency, Standard Specifications for Public Works Contract, 1991, perform the following: Item 1: Item 2: Item 3: Item 4: Item 5: Item 6: Delete bid item #14, 2 Caltrans NSP A-88, Case E ramps at $250 each= $500.00 Decrease to Contract Cost .................................... <$500.00> Delete bid item #20, 1 sidewalk underdrain SDRSD (D-27) @ $2,000 each = $2,000.00 Decrease to Contract Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <$2,000.00> Add approximately 1,575 sq. ft. of sidewalk at $1.65 sq. ft. = $2,598.75 Increase to Contract Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,598.75 Add approximately two tree root alterations @ $150.00 each = $300.00 Increase to Contract Cost ........................................ $300.00 Add two SDRSD D-25 curb outlets @ $2,300.00 each = $4,600.00 Increase to Contract Cost ...................................... $4,600.00 Remove one tree@ $250.00 = $250.00 Estimated Increase to Contract Cost ............................... $250.00 H:\LIBRARY\ENG\WPDATA\INSPECI\CHGORDER\3391-1.CHN Contract #3391 Change Order 1 Item 7: Add one tree @ $250.00 = $250.00 Estimated Increase to Contract Cost ............................... $250.00 ESTIMATED INCREASE TO CONTRACT COST ............................... $5,498.75 *NOTE: ITEMS 6 & 7 ARE ONLY TO BE DONE IF NEED AND DIRECTED BY THE CITY. TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE AFFECTED BY THIS CHANGE ORDER. RECOMMENDED BY: ~26-FJ (DATE) S--"lb-13 (DATE) ~~ro(Jg3 COMM. DEV. DIRECTOR (DATE) r tr/93.. ...::;;..::....=.,..:;...::::;;~----'--..........::....=..----+-- DISTRIBUTION: INSPECTION FILE (ORIGINAL) PURCHASING (Yv/P.O. CHANGE ORDER) FINANCE CONTRACTOR H:\LIBRARY\ENG\WPDATA\INSPECI\CHGORDER\3391-1.CHN APPROVED BY: CONTRACTOR (DATE) ~~--#~ C~MAYOR (DATE) e, City of Carlsbad 541;1aa¥t-1ih•i•l4·EiUl,t4,ii February 1, 1993 ADDENDUM NO. 1 BID/PROJECT NO. 3391 -SIDEWALK CONSTRUCTION AND REIATED WORK FOR ALGA ROAD, AUCANlE ROAD, AriD EL CAMINO REAL Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid when your bid is submitted. RUTH FLETCHER Purchasing Officer RF:mm Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signature 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2803 - NOTICE TO BIDDERS ADDENDUM N0._1_ FEBRUARY 1, 1993 CONTRACT DOCUMENTS AND SPECIAL PROVISIONS FOR SIDEWALK CONSTRUCTION AND RELATED WORK FOR ALGA ROAD, ALICANTE ROAD, AND EL CAMINO REAL, CONTRACT NO. 3391 The following modifications, additions, and/or deletions are hereby made part of the contract documents and special provisions for sidewalk construction and related work for A1ga Road, Alicante Road, and El Camino Real, Contract No. 3391. Bid Item No. 13 -Approximate quantity and units = 169 square feet. The provisions contained in the addendum are made part of the specifications of the project as though originally bound with them. As of this date, this Addendum No. 1 contains all changes to the originally issued specifications. Bidders are advised to verify the issuance of addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgement of all addenda may be cause for rejection of bid. 8. HUBBS, P.E. City Engineer LBH:anv I I r I I I I I I It I I I I I I I •• I TABLE OF CONTENTS NOTICE INVITING BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . • 1 CONTRACTOR'S PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . • . . • . . . 4 BIDDER'S BOND TO ACCO MP ANY PROPOSAL . . . . . . . . . . . . . . . . . . . . . . . . . . 11 DESIGNATION OF SUBCONTRACTORS .............. : . . . . . . . . . . . . . . . . 13 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY . . . . . . . . . . . . . . . . . . 15 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . . . . . . . . . . 16 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 CONTRACT -PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 lABOR AND MATERIALS BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PERFORMANCE BOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . 30 RELEASE FORM . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . 34 SPECIAL PROVISIONS L SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR CONSTRUCTION MATERIALS . . . . . . . . . . . . . . . . . . . 49 APPENDIX 1: STANDARD DRAWINGS .......................... Al-A6 1 6/24/92 I I r I I I I I I It I I I I I I I •• I CTlY OF CARLSBAD, CAIJFORNIA NOTICE INVITING BIDS 1 Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:00 P.M. on the 4th day of February, 1993, at which time they will be opened and read, for performing the work as follows: SIDEWALK CONSfRUCITON AND REIATED WORK FOR AU.iA ROAD, ALICANTE ROAD, AND EL CAMINO REAL CONfRACT NO. 3391 The work shall be performed in strict conformity with the specifications as.approved by the City Council of the City of Carlsbad on file with the Municipal Projects Department. The specifications for the work include the Standard Specifications of Public Works Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association and as amended by the special provisions sections of this contract. Reference is hereby made to the specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available and where appropriate. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Section 22300), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 22300 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The documents which must be completed, properly executed, and notarized are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 6/24/92 I I r I I I I I I II I I I I I I I •• I 2 All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $82,000. No bid shall be accepted from a contractor who is not licensed in accordance with the provisions of California state law. The contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury, pursuant to Business and Professions Code Section 7028.15. The following classifications are acceptable for this contract: "A", "C-8" and "C-12", in accordance with the provisions of state law. If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, for a non-refundable fee of $15.00 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of [ndustrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of Section 1777.S of the Labor Code and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall apply to the Contract for work. A pre-bid meeting and tour of the project site will not be held. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. rn case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals . . 6/24/92 I I r I I I I I I II I I I I I I I •• I 3 All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%), respectively, of the Contract price will be required for work on this project. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City for a period of one (1) year from the date of formal acceptance of the project by the City. Bonds and insurance are to be placed with insurers that have (1) a rating in the most recent Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business in the State of California, and (3) are listed in the official publication of the Department of Insurance of the State of California. Auto policies offered to meet the specification of this contract must: (1) meet the conditions stated above for all insurance companies and (2) cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto11 and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 92-388, adopted on the 17th day of November, 1992. (', N~ /t; I 9'1<=< Date Aletha L. Rautenkranz, City Cler1/ 6/24/92 I I r I I I I I I le I I I I I I I •• I CTIY OF CARLSBAD SIDEWALK CONSTRUCTION AND RELATED WORK FOR ALGA ROAD, ALICANTE ROAD, AND EL CAMINO REAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 CONTRACT NO. 3391 CONTRACTOR'S PROPOSAL 4 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3391 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item Description with Item Unit Price or Lump Sum No. Price Written in Words Alga Road -North Side, Alicante to ECR: 1) Sidewalk, per Appendix, page A-1 ONG-<SD(ti fi\JE Dollars per Square Foot 2) Handicap Ramp, CALTRANS NSP A-88, Case E Two HU{}),Dl2.ED F1f1Y Dollars Each 3) Sign Relocation per Appendix, Page A-6 twEtvTY DDLLJ:42:::-S Dollars Each Approximate Quantity Unit and Unit Price 14,000 SF -z.3 l ao ·-;- 1 EA 2 EA 6/24/92 I 5 I Item Description with Approximate ' Item Unit Price or Lump Sum Quantity Unit No. Price Written in Words and Unit Price Total Alga Road -South Side, Santa Isabel I to El Fuerte: 4) Sidewalk, per Appendix, page A-1 2,860 SF I , (oS 4119.-I ot-Je f SiXTY Fi1!G C610TS, Dollars per Square Foot I 5) Tree Trunk & Root Alterations 2 EA ONE-HyND\"2..€D F1 FT'/ \SO--300-:-- I .C0LU"'<i2-S Dollars Each I 6) Root Removal to 12" Below LS Curb Elevation TWQ Huµo!'LE-D F1PTY zso-: '2SO-: I Dollars per Lump Sum It 7) Sign Relocation per 2 EA Appendix, Page A-6 I Tw 5 ~rrv £>[.)l.L-P-J.Ls ·'2£)-:--4-0--:- Dollars Each I 8) Concrete Landing to Existing 100 SF Wood Stairway, 4.4' x 4.4' I per SDRSD G-7 soa;--r-=n,E-~LLf\.G'l...S 5,eo I Dollars per Square Foot 9) Water Meter Relocation, 1 EA I CMWD Std. 1 'T\JJo r-\U.~0{4;{) '2,007 2,eo--:-- I Dollars Each 10) Handicap Ramps, CALTRANS 2 EA I NSP A-88 rzso; --=cwo HUNIPfl-i?O F1Pl Y 5007 •• ro L.-t e4-c;,, Dollars Each I 6/24/92 I 6 .. Item Description with Approximate Item Unit Price or Lump Sum Quantity Unit I No. Price Written in Words and Unit Price Total Alga Road -South Side Xana Way I to a Point 283' East of El Fuerte: 11) Sidewalk, per Appendix, page A-1 3,855 SF \ .<os Co3~0-15 I OIVE 'SIXTY F\VG CEM5 I ' Dollars per Square Foot I 12) Curb & Gutter, SDRSD G-7 102 LF e 16-t H 11::EIV \ o--: \ 'i3'66-;- I Dollars per Linear Foot I 13) Commercial Driveway Approach, SF City of Carlsbad Std., GS-12 \ eo9 Two, e , 6' t:::ITt c~s 413. 2-0 I Dollars per Square Foot le 14) Handicap Ramps, CAL TRANS 2 EA NSP A-88, Case E I 1WO Hut. .. 1}')12.G-O F\PT"L .-7....c;;o--:-sco--:-- Dollars Each I 15) Relocate Pipe Stand 1 EA ONE f-liJ.NO~() \CG;--1ro-:- I Dollars Each I Alicante East Side Pamploma to 277' South I 16) Sidewalk, per Appendix, page A-1 1,385 SF "2.2-oS, ·2-.b ot,...)~-, "=.Hx'TY FIVG C\=: JVTS \ .(o5 i};J] o , (afc,b'S. I Dollars per Sqµare Foot 17) Remove Ivy Ground Cover LS '2-507 I TWO Hu tvOtl..f:-D Ft FTY '250-:- •• Dollars per Lump Sum I 6/24/92 I I r I I I I I I It I I I I I I I •• I Item Description with Item Unit Price or Lump Sum No. Price Written in Words Approximate Quantity Unit and Unit Price 18) Handicap Ramp, CALTRANS 1 EA NSP A-88, Case E 1\JJO H\Jh]O(l.EQ f1PIY '2-.So Dollars Each El Camino Real -East Side Chestnut to Carlsbad Village Drive: 19) Sidewalk, per Appendix, page A-1 10,350 SF ONE SiXT:i f\\JE; CENfS } .b'S I Dollars per Square Foot 20) Sidewalk Underdrain, SDRSD D-27 1 EA -rwo 18cUStsNO Dollars Each 21) Sign Relocation per Dollars Each Appendix, Page A-6 2s-:- 7 , :7oJJ,So I 2 EA so-:- Total amount of bid in words: -S j ")(TY Ol-Jic 'T\-h::,\JS!'f'JO, E:lGHIY o}JE- A:ND 10/1t.0 ~LlrsQ-5 Total amount of bid in numbers: $ (or ' 0 B I < 1 0 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __ ....___ __ has/have been received and is/are included in this proposal. 6/24/92 I ~ I I I I I I le I I I I I I I •• I 8 The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the proceeds of the check or bond accompanying this bid shall become the property of the City of Carlsbad. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 4 6 511 8 classification "A", "C-8", or "C-12", which expires on 1 1 / 9 4 and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. § 7028.lS(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Bond Accompanying this proposal is _____________________ _ (Cash, Certified Check, Bond or Cashier's Check) for ten percent (10%) of the amount bid. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract and continue to comply until the contract is complete . 6/24/92 -i-( '-t· fq·) Cu>vw~ a£u).. 1 w~ ~r I I •• I I I I I I le I I I I I I I •• I 9 The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted_-__________ _ (2) Signature (given and surname) of proprietor_-__________ _ (3) Place of Business ____________________ _ (Street and Number) City and State ______________________ _ (4) Zip Code _____ Telephone No. _____________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted ___________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business --=------------------- (Street and Number) City and State _____________________ _ Zip Code _____ Telephone No. ____________ _ 6/24/92 I I •• I I I I I I le I I JO IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted southwest Construction (2) (3) (4) (5) Company, Inc. Signature President ---------------------------·--······· Title Impress Corporate E:e3.1 here Incorporated under the laws of the State of _c_a_l_1_· f_o_r_n_i_a _____ _ Place of Business 2 9 O 9 Rainbow Valley Blvd. (Street and Number) City and State __ F_a_l_l_b_r_o_o_k_,_c_A _______________ _ Zip Code 9 2 o 2 8 Telephone No. ( 619) 728-4460 NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED I List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: I I I I •• I David L. Simon, President Lauren B. Simon, VP PauJ M. Simon, Secretary 6/24/92 . . • I ., .... a .. z iii w ::;: w (!) Cl w ..J ;:: 0 z "' ~ u. 0 w !:i: c3 u: ~ a: w (.) STATE OF CALIFOR_~, '4 COUNTY OF 1"tvS1 } S.S. On _ ______JML.:t;""'~"''f.....,u.A.'.~~~,--'3=---~-\,_~..:....j..:....~=------before me, ~M'-f~i'w½n a Notary Public in and for said County and State, personally appeared Tu"te}. L. S ~-.'Y\.M personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m~~ j ,1 Signature ~~ F 2492 (S-91) FOR NOTARY SEAL OR STAMP OFFICIAL NOTARY SEAL RANCE RICHARDSON f.lc-w~ Fublic-ca!i1om:a SAN DIEGO COUNTY My Comm. Expires JUL21,1995 - 11 BIDDER:S BOND TO ACCOMPANY PROPOSAL I<NOW AU.. PERSONS BY THESE PRESENTS: That we. SOUTHWEST CONSTRUCTION co. ~ INC; as Prlncipal, and MERCHANTS BONDING COMPANY as Surety are held and firmly bound unto the City' of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) FIFTEEN THOUSAND AND N0/100's~-DOLLARS ($15,000.00**} for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF TiiE FOREGOING OBUGATION IS SUCH that if the proposal of the above-bounden Principal for: SIDEWALK CONSI'R.UCITON AND RELATED WORK FOR. ALGA ROAD, AIJCANTE ROAD, AND EL CAMINO REAL CONTRACT NO. 3391 in the City of Carlsbad, is accepted by the Cizy Council, and if the Principal shall. duly enter into and execute a Contract including required bonds and insurance policies within twenty (20). days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City • .... .... e .... 6n.4/92 - -l s t 1 1 l J t j i . .. • ! ~- .. "i -.. • ' I \ . ~ l~ " 12 In the event Prlndpal exeeuted this bond as an individual, it is agreed that the death of Principal shall not exonerate ~ Surety from· its obligations under this bond. Executed by PRINCIPAL this .1.!lli!, day of JANUAR! • 19 JU.. PRINCIPAL: ,SOUTHWEST CONSTRUCTION Co., INC. (Name of Prlnclpal) By:_c __ :);2_~---- (sign here) David L. Simon (print name here) (title and organization of signatory) By: ____________ _ (sign here) (print name here) (title and organization of signatozy) Executed by SURETY this 28th day of JANUARY • 19 -2.1• SURETY: MERCHANTS BONDING COMPANY (Name of Surety) c/oCOMMERCIAL SURETY BOND AGENCY 4858 MERCURY ST., STE. 207 SAN DIEGO~ CA. 92111 (Address of Surety) 619-279-2722 (Telephone Number of Surety) ~I y /1 A /f/1 / /: ~ I,/:/ l'/;ji-By: L:;.-"/_.j:.•"';: "t,· '/ tr v;,J ,L_,,1, /,l:-e4 ( Signature of Attomey-in-Fact bENNIS G. WEST printed name of Attomey•in-Fact (attach coiporate resolution showing · current power of attorney) (P~per notarial acknowledge of execution by PRINCIPAL and ~U'REn" must be attached.) (President or vice--president and st:ereW::y or assistant secrctaiy m.tlit sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secrewy under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney : y____ ~---· n t~~ By: ~RA.Ti(}" Deputy City Attorney " I-a. "' z iii ~•J llJ CJ 0 w ...J 3: C z >:'. () <l'. LL 0 w I-<l'. u u:: ;::: er: w () STATE OF CALIFO~~--. ,, COUNTY OF I v"L~; d.L } S.S. On f-9.\,..,-~~l"-.j ~), \•Yi~ before me, ''Rc,~c---·:B ;· t:.hP-,-t~;;'Y\ a Notary PubliclQ and for said C~~nty and State, personally appeared Uo..\i , ~ l , ;:s , •"'-~Y\ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature F 2492 (5-91) FOR NOTARY SEAL OR STAMP (..-4.LJFORNiA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 ~·~ ----- ~ State of~~_IF_O_RN_IA ______ } £ County of __ S_A_N--"-DI=E:::...Gcc...:O:;__.. _____ _ ! -OPTIONAL SECTION - CAPACITY CLAIMED BY SiGNER Though statute does not require the Notary to fill in the data below. doing so may orove :nvaluable to persons retying on !he document /; ~ On 1-28-93 OATE before me. CRISTA M. RASMUSSEN/NOTARY PUBLIC . NAME. TITLE OF OFFICER· E.G .. "JANE DOE. NOTARY PUBLIC" personally appeared DENNIS G. WEST NAME(S) OF SIGNER(S) [] personally known to me " OR -D proved to me on the basis of satisfactory evidence to be the personQ{,) whose name~) is~ subscribed to the within instrument and ac- knowledged to me that he/XM~ executed the same in his~ authorized capacity(:(il!OC), and that by his~toodX signature(SC) on the instrument the person(oo, or the entity upon behalf of which the person(I) acted, executed the instrument. WITNESS my hand and official seal. e~wlLC l/ltt/4]/nfA,,{,(J:l}f.>y.___,> SIGNATURE OF NOTARY M,·a --------------• OPTIONAL SECTION 0 INDIVIDUAL 0 CORPORATE OFFiCER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL I[] ATTORNEY-IN-FACT • TRUSTEE(S) • GUARDIAN/CONSERVATOR •OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PE>ISON(S) OR ENTITY(IES) MERCHANTS BONDING COMPANY Tl-HS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT-=B:.:::I:.:::D:_::B:..::0:.=;N:.:::D:___ ______________ _ TrlE DOCUMENT DESCRIBED AT RIGHT: ,_, ______________ _ NUMBER OF PAGES ___ 2 __ DATE OF DOCUMENT __ 1_-_2_8_--"--9=3 _____ _ Thcugh the data requested here is not required by law, 1t 0t1uld prevent fraudulent reattachment of this form. SIGNER($) OTHER THAN NAMED ABOVE __________________ _ ©1992 NATIONAL NOTARY ASSOCIATION •8236 Remme! Ave., P.O. Box 7184•Canoga Park, CA 91309-7184 - 1662 12792 COMMERCIAL SURETY BeND AGENCY A ·-i" Merchants Bond"ing Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint »>N. CAROLE WEST**DENNIS G. WEST«< »x« »><« of SAN DIEGO and State of CA its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>FIVE HUNDRED THOUSAND DOLLARS($500000.00)<<< .> and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following-By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2, SECTION 9. -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this l 5th day of October A.O., 19 9 2 Attest: ~l.~ STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (Mutual) By Onthis St:1 dayof October ,19 ,beforemeappearedM.J.Longand Rodney Bliss Ill, to me personally known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. ········ ... ·• .. •• G· BRc,,t, • : ~~ ···•··· () .. : .),. / • •• V ~ • "I(' : ~ 0 • : 3 : IOWA : m : ~ ~ !.. /" : • 0 .. .. ,. • •• > ········ ~ .. • -4111"\..1=> •• .. " . ••••••••••• STATE OF IOWA COUNTY OF POLK ss. Not&ry Public, Polk County, Iowa My Commission E:xpires 11-4-95 I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that thc_~ve and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said Ml; • T~(,t;¼':'f:llDING COMPANY {Mutual), which is still in force and effect. : . 'i p · ,~ ::".:~,\ In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at SAN D IEG -' , ~ · · -1 .,.' ·.-,: ~,~,, 2:,m ~:~::.:A::ember 31, 19:5 93 ~~ 19 . ' MB96 10192 I I •• I I I I I I le I I I I I I I •• I 13 DESIGNATION OF SUBCONTRACTORS The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Contracts Code -"Subletting and Subcontracting Fair Practices Act." No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each sub-contractor. Additional pages can be attached if required: Items of Work Full Company Name None Complete Address with Zip Code Phone No. with Area Code 6/24/92 I I •• I I I I I I le I I I I I I I •• I 14 AMOUNT OF SUBCONTRACTORS' BlDS The · bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Contracting Full Company Name License & No. None Carlsbad Business License No.* Amount of Bid ($or%) * Licenses are renewable annually. If no valid license, indicate "NONE." Valid license must be obtained prior to submission of signed Contracts. 6/24/92 I I -· I I I I I I I le I I I I I I I •• I 15 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY Bidder submits herewith a statement of financial responsibility. Southwest Construction Company began it's business in 1979 and was incorporated in the state of California in 1984. During this time, the company has experienced significant growth. Presently our corporate assets less liabilities are in excess of 2.5 million dollars. As a company, we pay our bills by the 10th of the month on a discount basis. Also since 1988, we have an outstanding relation- ship with North County Bank, 27425 Ynez Rd., Temecula, CA 92390. 6/24/92 - ACCOUNTANTS' REVIEW REPORT To The Board of Directors Southwest Construction Company, Inc. Fallbrook, California A.L. TARKINGTON W.F. HATCH. JR . . J. CAMPERELL P.F. DEFRANCESCA J.C. LECHLEITER C.F. CRITCHLOW R.E. GRICE (Retired) M.H. LUND (Retired) We have reviewed the accompanying balance sheets of Southwest Construction Company, Inc. ( an S corporation) as of December 31, 1992 and 1991, and the related statements of income and retained earnings, and cash flows for the years then ended, in accordance with standards established by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Southwest Construction Company, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Based on our reviews, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. Our reviews were made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles. The information presented in Schedules I and Ii accompanying the financial statements is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statement, and we are not aware of any material modifications that should be made thereto. ,i),v. U I d-1.,1. "'-. J_ ~ J J"""-l.i 1--- ESCOndidO, California February 1, 1993 .\1ember: f.c(oununa r·1,ms Assac1a1ed. 111c •. ,;:wit l'cirson l11tcrnatwnal • ,'\n101wn l11stit-ute o; Certified Public Aaountants • California Society of Certified Public Accountants ,44 West D St, Encinitas. CA 92024 • (619) 753-1157 FAX (619) 753-5832 --,:·,·r -:, ,',,-,nr: r-,--,~ci,i;,rir; :./\ q:?0?~ • lo19) 7,lG-1~60 !=A,X (619) 746-7048 -,,. ,I .... J. SOUTHWEST CONSTRUCTION COMPANY, INC. BALANCE SHEETS December 31, 1992 and 1991 -1992 1991 ASSETS CURRENT ASSETS Cash $ $ 250,400 Trade accounts receivable, net of an allowance for uncollectible accounts of $24,000 and $12,000 2,432,894 1,358,437 Income tax refund receivable 68,928 46,873 Other current assets 2000 2 000 TOTAL CURRENT ASSETS 2,503,822 1,657,710 PROPERTY AND EQUIPMENT Land 143,568 143,568 ff, Equipment and machinery 583,973 555,446 ! Vehicles 628,592 535,331 i i Buildings and improvements 177148 177 068 ! i 1,533,281 1,411,413 I Less accumulated· depreciation (871.403) (729,150) r 661,878 682,263 OTHER ASSETS Construction in progress 104,351 Land held for investment 629,716 559,568 Note receivable -related party 73,222 93,422 -702,938 757 341 $ 3,868,638 $ 3,097,314 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Bank overdraft $ 115,387 $ 47,200 Note payable 100,000 400,000 Accounts payable 816,351 811,750 Income taxes payable 5,565 Current portion of long-term debt 96,940 96,655 Accrued salaries and wages 41,209 60,493 Other current liabilities 10t 150 10,000 Note payable -related party 62,257 Deferred income tax.es 135.000 122,950 TOTAL CURRENT LIABILITIES 1,377,294 1,554,613 LONG TERM DEBT, NET OF CURRENT PORTION 296,31.8 393,258 STOCKHOLDERS' EQUITY Common stock, par value $1 per share, 10,000 shares authorized, issued and outstanding 10,000 10,000 Retained earnings 2,185,026 1,139,443 2,195,026 1 149 443 -$ 3,868,638 $ 3,097,314 See accompanying notes and accountants' review report. -2 - I ~ I I I I I I le I I I I I I I •• I 16 BIDDER'S STATEMENT OF TECHNICAL ABILilY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge'his/her responsibility, experience and skill. An attachment can be used. Date Name and Phone Amount Contract Name and Address No. of Person Type of of Completed of the Employer to Contract Work Contract 6/24/92 - - - Southwest Construction Co.; Inc. 2909 Rainbow Valley Blvd. Fallbrook, CA 92028 TACTICAL WASHRACK 1992 License No. 465118 (619) 728-4476 FAX (619) 728-8649 MARINE CORPS AIR GROUND COMBAT CENTER 29 PALMS, CA ROICC (619)358-7337 2. REPAIR RUNWAY GEORGE AFB 1990 PROWEST DiVERSIFIED P.O. BOX 7035 APPLE VALLEY, CA 92307 DON SHEPPARD (619)240-9300 3. EXTRUDED CONCRETE CURB AND GUTTER, PALOMA DEL SOL, TEMECULA 1991 -1992 MESA HOMES 28765 SINGLE OAK DR .• SUITE 100 TEMECULA, CA 92390 WAYNE (714)676-7290 4. CONCRETE EXTRUDED TRAPEZOIDAL CHANNEL, ClTY OF LAKE ELSlNORE 1991 M.B.C. CONSTRUCTORS, LTD 15076 GRAND AVENUE LAKE ELSINORE, CA 92330 GARY (714)674-8787 5. URBAN WARFARE TRAINING FACILITY MCB, CAMP PENDLETON 1992 SOLTEK OF SAN DIEGO 2424 CONGRESS ST., SUITE A SAN DIEGO, CA 92110-2888 BOB THOMPSON (619)296-6247 6. CURB AND GUTTER SUNLAKES/HORSETHIEF CANYON 1992 PRESLEY OF SOUTHERN CALIFORNIA 19 CORPORATE PLAZA NEWPORT BEACH, CA 92660 RICHARD SOHN (714)640-6400 273.000.00 1 Million 300,000.00 384,000.00 1 + MILLION I I r I I I I I I It I I I I I I I •• I State of California County of NON-COI.LUSION AFFIDAVIT TO BE EXEClITED BY BIDDER AND SUBMITTED WITH BID ) ) ss. ) _D_a_v_id __ L_._s_i_m_o_n __ ~ being first duly sworn, deposes (Name of Bidder) 17 and says that he or she is ____ P_r_e_s_i_d_e_n_t _______________ _ (Title) of Southwest Construction Co., Inc. ----------------~-----------------(Name of Firm) the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone shall refrain from bidding that the bidder has not in any manner, directly or indirectly, sought by agreement communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to fix any overhead, profit, or cost element of advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the -2 day of Fe i,J u., 1 ~ l 9 ':U. CJ . Signature of Bidder Subscribed and sworn to before me on the 3 td day of _ ..... F_,e=-b=--'f~v..-<.."-_..,_J+----'' 19 If 3. (NOTARY SEAL) OFFiC!J\L OOTJ.11Y $1::AL RANCE AICM,t..ROSOI\I Nomry Put•ic -Cru!fomia SAN DIEGO COUNTY My C-Omm. Expires JUI.. 21,1~6, , ~. ~' 1 /'· jfaw-_yJ:J~v__ Signature of Notary 6/24/92 - City of Carlsbad Purchasing Department Representation and Certification The following representation and certification are to be completed, signed and returned with proposal. REPRESENTATIONS: Mark all applicable blanks. This offerer represents as part of this offer that: (Check appropriate Ethnic Business Type) Caucasian X Black Hispanic Asian-Pacific Native-American Asian-Indian DEFINITIONS: MINORITY BUSINESS ENTERPRISE: "Minority aBusiness• is defined as a business, at least 51 percent of Wwhich is owned, operated and controlled by minority group members, or in the case of publicly owned businesses, at least 51 percent of which is owned, operated and controlled by minority group members. The Small Business Administration defines the socially and economically disadvantaged (minorities) as Black American, Hispanic American, Native Americans (i.e. American Indian, Eskimos, Aleuts and Native Hawaiians), and Asian-Pacific Americans (i.e., U.S. Citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia and Taiwan). CERTIFICATION: I am currently certified by: ________ _ Certification #: ------------- CERTIFICATION OF BUSINESS REPRESENTATION (S): Mark all applicable blanks. This offeror represents as a part of this offer that: This firm is is not X a __ _, ---'~- minority business. This firm is __ _, is not _x=-_ a woman-owned business. WOMAN-OWNED BUSINESS: A woman-owned business is a business of which at least 51 percent is owned, controlled and operated by a woman or women. Controlled is defined as exercising the power to make policy decisions. Operation is defined as actually involved in the day-to-day management. The information furnished is certified to be factual and correct as of the date submitted. _s.._o=u""'t'"'"h....,w,_.e..,.s.,_t,...._C......,.o.....,n ..... s ..... t_,_r_,_1..1..11 c_t.__._i ... a ...... o__._c .... o,;.._..._.,_T .u.o.,__c -D a n i a L s i .r::io i:i. COMPANY NAME NAME 2909 Rainbow Valley Blvd. ADDRESS Fallbrook, CA CITY,STATE AND ZIP -(619)728-4460 TELEPHONE NUMBER 12/92 92028 President TITLE . (7 u~ SIGNATURE March 3 0 , 1 9 9 3 DATE I I -I I I I I I I le I I I I I I I •• I 18 CONTRACT -PUBUC WORKS This agreement is made this ;,92£ day of ~ , 19 ..2...3._, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City''), and Southwest Construction Co. , Inc. whose principal place of business ~ 2909 Rainbow Valley Blvd , FaJJbrook CA 92028 _________ (hereinafter called "Contractor".) City and Contractor agree as follows: 1. 2. 3. Description of Work. Contractor shall perform all work specified in the Contract documents for: SIDEWALK CONSTRUCTION AND RELATED WORK FOR ALGA ROAD, ALICANTE ROAD, AND EL CAMINO REAL CONTRACT NO. 3391 (hereinafter called "project") Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Special Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance . 6/24/92 I I •• I I I I I I le I I I I I I I •• I 4. 5. 6. 7. 19 Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per Section 9-3 of the Standard Specifications for Public Works Construction (SSPWC) 1991 Edition, and the latest supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Special Provisions section of this contract. The closure date for each monthly invoice will be the 30th of each month. Invoices from the Contractor shall be submitted according to the required City format to the City's assigned project manager no later than the 5th day of each month. Payments will be delayed if invoices are received after the 5th of each month. The final retention amount shall not be released until the expiration of thirty-five (35) days following the recording of the Notice of Completion pursuant to California Civil Code Section 3184. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: 6/24/92 I I •• I I I I I I le I I I I I I I •• I 8. 9 . @ 20 A. Material that Contractor believes may be material that is hazardous waste, as defined in Section 2511 7 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Change Orders. City may, without affecting the validity of the Contract, order changes, modifications and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by litigation. The only person authorized to order changes or extra work is the Project Manager. The written change order must be executed by the City Manager or the City Council pursuant to Carlsbad Municipal Code Section 3.28.172. Immigration Reform and Control Act. Contractor certifies he is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and has complied and will comply with these requirements, 6/24/92 I I •• I I I I I I le I I I I I I I •• I 10. 11. 12. 21 including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, Section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to California Labor Code, Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contractor or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses including attorneys fees for litigation, arbitration, or other dispute resolution method. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) COVERAGES AND LIMITS -Contractor shall maintain the types of coverages and minimum limits indicted herein: 1. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insureds . 6/24/92 I I •• I I I I I I I I I I I I I •• I 2. 3. 22 Automobile Liability Insurance: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) ADDITIONAL PROVISIONS -Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. General Liability and Automobile Liability Coverages: 1. 2. 3. 4. The City, its officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) "CLAIMS MADE" POLICIES -If the insurance is provided on a "claims made" basis, coverage shall be maintained for a period of three years following the date of completion of the work. 6/24/92 I I •• I I I I I I le I I I I I I I •• I 23 (D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS -Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (F) WAIVER OF SUBROGATION -All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (G) SUBCONTRACTORS -Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (H) ACCEPTABILITY OF INSURERS -Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V, and are authorized to do business within the State of California and are included in the official publication of the Department of Insurance of the State of California as allowed under the standards specified in by the City Council Resolution No. 91-403 . (I) VERIFICATION OF COVERAGE -Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before work commences. (J) COST OF INSURANCE -The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 6/24/92 I I -I I I I I I I le I I I I I I I •• I 13. 14. 15. 16. 17. 18. 24 Claims and Lawsuits. All claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which are incorporated by reference. All claims over $375,000 shall comply with the Government Tort Claims Act (Section 900 et seq of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the Labor Code are incorporated herein by reference. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Affirmative Action. Contractor certifies that in preforming under the purchase order awarded by the City of Carlsbad, he will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 6/24/92 I I , I I I I I I le I I I I I I I .. I .. t 19. 25 Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGEMENT OF EXECUITON BY ALl. SIGNATORIES MUST BE ATTACHED (CQRPuRATE SEAL) APPROVED TO AS TO FORM: RONALD R. BALL City Attorney By: Southwest Construction Co., Inc. Contractor David L. Simon, President Print Name of Signatory Signature of Signatory Paul M. Simon Signature of Signatory Secretary Title / ,/ ? ,,, / ✓Mayor ATTEST: ~~~,.--~ \.__Q{ ty Cl . ,,; . . 6/24/92 Q) "0.. "' cf, f-z w ::;; w ('J C • 0 w ~ z ><:: ~ u. 0 w ~ (.) u: l= a: w (.) STATE OF CALIFO~IA . COUNTY OF ~ / V'1-f'-:-i (\'L } S.S. a N_o\ary Public i_n an1 for said County and State, personally appeared °Dt,.1.,, to\ L. ,.) ~'ho.v, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persori(s) acted, executed the instrument. WITNESS OJ¥ Signature F 2492 (5-91) ~ FOR NOTARY SEAL OR STAMP /. • BOND #CA 132121 26 LABOR AND MATBRIAL.S BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 93-51 • adopted MARCH 16. 1993 ' has awarded to SOUTHWEST CONSTRUCTION co. • INC. (hereinafter designated as. the "Principal•'), a Contract for: SIDEWALK CONSTRUCTION AND RmATED WORK FOR ALGA ROAD, AUCANTE ROAD, AND EL CAMINO REAL CONTRACT NO. 3391 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the tenns thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay fQr any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SOUTHWEST CONSTRUCTION CO. 2 INC. , as Principal, (hereinafter designated as the "Contractor"), and MERCHANTS BONDING COMPANY (MUTUAL) as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY THOUSAND FIVE HUNDRED FORTY AND 85/100 's. ---. :-------- Dollars ($ 30 ,540 .85** ), said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. · THE CONDIT[ON OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, proven'aer, supplies; or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fees, to be fixed by the court, as required by the provisions of Section 3248 of the California Civil Code. · This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with Section 3082). 6/24192 • • • • .· .. 27 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 31st day·_of MARCH • 19 93. CONTRACTOR: SOUTHWEST CONSTRUCTION CO., INC. (Name of Contractor) By. ___ ~Q=~L=<:::::;;:------~~=:::::. __ _ (sign here) Dayid L. Simon (print name here) Executed by SURETY this 31st day of MARCH 19 93. SPRBTV: MERCHANTS BONDING COMPANY (MUTUAL) (Name of Surety) 2425 E. CAMELBACK ROAD #80Q. PHOENIX, AZ. 85016-9698 ,, (Address of Surety) 1-800-848-2663 (Telephone Number of Surety) President Southwest Constructionay. /!?~ P• it/~ (title and organization of signatory) Signature of Attorney-in-Fact By. ____________ _ (sign here) (print name here) (title and organization of signatory) DENNIS G. WEST Printed name of Attorney-in-Fact (attach corperate resolution showing current. power of attorney) (Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.) {President or vice-president and $eCretary or assistant secretaey must sign for corporations. tf only one officer signs, the corporation must attach a resolution cenified by the secretary or as$iStant secretary under corporate seal empowering-that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Att~o ey ·.. f). . . \AttL>-~ ,,. By:.,.,_..-""f-______ ,ll_._ __ _ .. KAREN J. HIRATA Deputy City Attorney 6/24/92 " f-a. . z "' w ui ::;; w (') Cl w ...J ~ 0 z "' 0 < u. 0 w f-< (.) u: i= a: w (.) STATE OF CALIFORt!Jfi' , COUNTY OF '·~tVtX~::>,M } S.S. /.!\ () ; ,: ,· \ . l Ciq ~ On ----''-'--f'"t----'--'---'-+;-__:._1 -'-------before me, ':BNv.;J2 -~ \('. *?tf,2 v~4'1 a Notary P lie in and for said County and State, personally appeared , ,_;~(\ \... . .:$',~~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persori(s) acted, executed the instrument. FOR NOTARY SEAL OR STAMP f WITNESS~~ hand and ~I I 1. j s;g,aru,o 3-.c/rJJ~. F 2492 (5·91) C... -lFORNiA ALL-PURPOSE ACKNOWLEDGMENT r:::~~}sssssssss:-;;:-,::-;""'-S..:.~s:---s::.ss::~:ESssssssss::SS':;-sC;.sA;sPsAsCsl~sPS:\~l°us::~:t:~M:::::L;s;s~sc;s~sos~SllG::.1:Ns:sE~R!SS~ a County of SAN DIEGO . Though statute does '10t require the Notary to ,,: fill :n the data beiow. doing so rnay orove No. 5193 ~l :1waluab!e lo persons re;ying on ;he document. ;; On 3-31-93 before me. CRISTA M. RASMUSSEN/NOTARY PUBLIC O iNDlVIDUAL ·i,? DATE NAME. TITLE OF OFFICER· E.G .. •JANE DOE. NOTARY PUBLIC· personally appeared DENNIS G. WEST NAME(S) OF SIGNER(S) ~ personally known to me -OR -0 proved to me on the basis of satisfactory evidence to be the person~} whose name(ii) is!YiX« subscribed to the within instrument and ac- knowledged to me that he/JM~ executed the same in his~ authorized CRISTA~~ RASMJssE~ I MM. #968024 R .... C I capacity(i«l), and that by his~x signature(!) on the instrument the person(«), or the entity upon behalf of which the person(!) acted, executed the instrument. WITNESS my hand and official seal. /l, . ,/JJ, l /U/-:J(a. 1(, (:a411L?z,{KJ.t .. ~(_, SIGNAnJRE OF NOTARY 0 CORPORATE OFFICER(S} TITLE(SJ 0 PARTNER($) 0 LIMITED 0 GENERAL [] ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR •OTHER: _______ _ SIGNER IS REPRESENTING: NAME OF PE>ISON(S) OR ENTITY(IES) MERCHANTS BONDING COMPANY (MUTUAL) --------------• OPTIONAL SECTION--------------THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT _ __.,5"""0'-"%c......::.P=A_YM_E_N_T_B_O_N_D _________ _ NUMBER OF PAGES __ ~2 __ DATE OF DOCUMENT _____ 3_-~3_1_-_9~3 ____ _ Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE _________________ _ ©1992 NATIONAL NOTARY ASSOC!A TJON • 8236 Rem met Ave., P.a. Box 7184 • Canoga Park, CA 91309-7184 . , PREMIUM $1527.00 1 The Final Premium is PrediCl!lted on t,n,> Fin;;,J Contract Pf'ice. BOND #CA 132121 • 28 -• • PERFORMANCE BOND· WHEREAS, the Ciry Council of the City of Carlsbad, State of Califomi~ by Resolution No. 93-51 , adopted MARCH 16, 1993 , has awarded to SOUTHWEST CONSTRUCTION co. , INC. · • (hereinafter designated as the ''Principal"), a Contract for: SIDEWALK CONS'mUCilON AND RELATED WORK FOR AWA ROAD. AUCANTE ROAD., AND EL CAMINO REAL CONTRACT NO. 3391 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the temis thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, SOUTHWEST CONSTRUCTION CO. , INC. as Principal, (hereinafter designated as the "Contractor''), and MERCHANTS BONDING COMPANY (MUTU§)as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of SIXTY ONE THOUSAND EIGHTY ONE AND 70 /100' s--------Dollars ($61,081. 70** ), said sum being equal to one hundred percent (l 00%) of the estimated amount of the Contract, to be paid to City or its certain attorney. its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs., executors and administrators, successors or assigns, jointly and severally, finnly by these presents. THE CONDITION OF TH£S OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; othetwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. -Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract, or to the work or to the specifications. 6/24/92 • • • • . 29 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 31st day of MARCH • 19 .2.1... CONTRACTOR: SOUTHWEST CONSTRUCTION co.2 INC. (Name of Contractor} By._~~==--~--·---(sign here) David L. Simon (print name here) Executed by SURETY this 31st day of MARCH 1912... SURETY: MERCHANTS BONDING COMPANY (MUTUAL) {Name of Surety) 2425 E. CAMELBACK ROAD #800 PHOENIX, AZ. 85016-9698 (Address of Surety) 1-800-848-2663 (Telephone of Surety) President, Southwest ConstructiorBy: ~ '15. /{/.JJA::t-- (title and organization of signatory) Signature of Attorney-in-Fact By:-------------(sign here) (print name here) (title and organization of signatory) DENNIS G. WEST Printed name of Attorney-in.Fact (attach corporate resolution showing current powE:I' of attorney) (Proper notarial acknowledge of execution by CONTAACTOR and SURE1Y must be attached.) (President or vice-president and secretary or assistant setretary must sign for corporations. J! only one officer'Sfgns, the corporation mU$t attach a resolution certified by the secretary or assistant secretary under corporate. seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: 'RONALD R. BALL , City Attorney , ..:. ~ By-~-/~ . ~A Deputy City Attorney 6/24/92 " f-a. ,Z "' w iii ::;; w (!l Cl w _J ,,;: 0 z " 0 <{ u_ 0 w f-<{ 0 u:: F a: w 0 STATE OF CALIFOR~, , COUNTY OF . 'i') 1'-1 ~'(·c·':); t\"L } S.S. a Notary Public.in and fo,r sai~ County and State, personally appeared 1):,,.,..' t\ ! C 0; n,~.f.;'V", personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persori(s) acted, executed the instrument Signature F 2492 (5-91) FOR NOTARY SEAL OR STAMP OFFICIAL NOTARY SEAL K RANCE RICHARDSON ~ Nclaly Public-California ~ SAN DIEGO COUNTY 7 M'; Comm. Expires JUL 21,1005 ·. ~ C.. -IFORNIA_ ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of CALIFORNIA County of SAN DIEGO } On 3-31-93 before me, CRISTA M. RASMUSSEN/NOTARY PUBLIC NAME, TITLE OF OFFICER· E.G., "JANE DOE, NOTARY PUBLIC" DATE personally appeared __ D_ENN __ I_S_G_. _WE_S_T ______________ _ NAME(S) OF SIGNER(S) jg:personally known to me -OR -D proved to me on the basis of satisfactory evidence to be the personQ6)}: whose name~) is~ subscribed to the within instrument and ac- knowledged to me that he/U1:~executed the same in his/XOOX.»llHOC authorized capacity()tD:X and that by hist·t}g;~~~~~xl signature(1) on the instrument the person(~, or the entity upon behalf of which the person~) acted, executed the instrument. SIGNATURE OF NOTARY -OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL jg: ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: ______ _ SIGNER IS REPRESENTING: NAME OF PEilSON(S) OR ENTITY(IES) MERCHANTS BONDING COMPANY (MUTUAL) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: OPTIONAL SECTION --------------TITLE OR TYPE OF DOCUMENT 100% PERFORMANCE BOND Though the data requested here is not required by law, it could prevent fraudulent reattachment of this fonn. NUMBER OF PAGES 2 DATE OF DOCUMENT __ 3-_3_l_-_9_3 _____ _ SIGNER(S) OTHER THAN NAMED ABOVE ________________ _ ©1992 NATIONAL NOTARY ASSOCIATION• 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 • • • 1662 12792 COMMERCIAL SURETY BOND AGENCY Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint >>>N. CAROLE WEST**DENNIS G. WEST<<< »>«< »>«< of SAN DIEGO and State of CA its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>FIVE HUNDRED THOUSAND DOLLARS($500000.00)<<< .> and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. -The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2, SECTION 9. -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this 15th day of October A.O., 19 9 2 Attest: //1 t/!:!1/ STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (Mutual) By On this 15th day of October , 19 92 , before me appeared M.J. Long and Rodney Bliss Ill, to me personally known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. ········ .. .. ••• G-BR(J,t, ••• .. ~«, ······· <) •• .: ~ •. ·• ·· •. y •• e"f: •Gl• : 3: : IOWA j m : ~ ..,, ·•. .. " : • 0 .. ..• ~ • •• >-••••••• «, .. •• '411111.\.'=' •• • •••••••••••• STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk County, Iowa My Commission Expires 11-4-95 I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certif:( that U,51 above and foregoing is a true and _cor~ect_ C<;JPY of the POWER OF ATTORNEY, executed by said ~l;:~~T~:Wf}l?ING COMPANY (Mutual), which 1s still 1n force and effect. • :,,.Y::<,\1, p !J l, ·/":;t,,,: • In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at SAN DI • ,_;·; · 11,A·· ·'<-:, this 31st day of MARCH 19 93 ; --:t4.ifJz:j)~ ms powec o1 attom,y expi,es December 31, 1995. • • ~ ~~ · · '---:r, -:;>-:,,,s::;:; .s,«' MB96 10/92 Certificate of Insurance • THIS CERTIFICa\TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE JS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. SOUTHWEST CONSTRUCTION CO INC 2909 RAINBOW VALLEY BLVD FALLBROOK CA 92028 Name and Address of Insured LIBER1Y- MUTUAL~ is, at the date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued .. CERTIFICATE EXP. DATE * QCONTINUOUS TYPE OF POLICY QEXTENDED POLICY NUMBER LIMIT OF LIABILITY [x)POLtcY TERM COVERAGE AFFORDED UNDER EMPLOYERS LIABILITY WC LAW OF THE FOLLOWING i,oaily Injury By Accident Each STATES: Accident WORKERS i,oaily Injury By Disease COMPENSATION Policy limit Bodily Injury By Disease Each Person General Aggregate -Other than Products/Completed Operations GENERAL LIABILITY $2,000,000 , Products/Completed Operations Aggregate •CLAIMS MADE $1,000,000 Bodily Injury and Properly Damage Liability Per rETRODATE I 08-01-93 TBl-161-035110-022 $1,000,000 Occurrenoe Personal and Advertising Injury Per Persorv [xocCURRENCE $1,000,000 Organization Other: FIRE LEGAL Other: MEDICAL PAYMENTS $50,000 $5,000 AUTOMOBILE LIABILITY Each Accident -Single limit - $1,000,000 B.I. and P.O. Combined ugOWNED Each Person []NON-OWNED 08-01-93 ASl-161-035110-042 Each Accident or Occurrence ugHIRED Each Accident or Occurrence 1v1HEH < ADDITIONAL COMMENTS SEE ATTACHED ENDORSEMENTS IT IS HEREBY UNDERSTOOD AND AGREED THAT THE POLICY TO WHICETHIS CERTIFICATE REFERS MAY NOT BE CANCELED, MATERIALLY CHANGED, NOR THE AMOUNT OF COVERAGE THEREOF REDUCED UNTIL THIRTY (30) DAY:~ AFTER RECEIPT OF WRITTEN NOTICE OF CANCELLATION OR REDUCTION IN COVERAGE BY THE r.rrv r.LFRK OF 'T'HF r.T'T'Y ()H' C!ART <!B,rn * IF THE CERTIFICATE EXPIRATION DATE IS CONTINUOUS OR EXTENDED TERM, YOU Will BE NOTIFIED IF COVERAGE IS TERMINATED OR REDUCED BEFORE THE CERTIFICATE EXPIRATION DATE. HOWEVER, YOU WILL NOT BE NOTIFIED ANNUALLY OF THE CONTINUATION OF COVERAGE. SPECIAL NOTICE. OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUil TY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST _lQ_ DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: ~ CERTIFICATE HOLDER THE CITY OF CARLSBAD 4-12-93 (rw) DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afiorded by Those Companies Liberty Mutual · Insurance Group SAN DIEGO CA OFFICE BS 772R6 APR-14-1993 08:18 FROM SOUTHWEST CONST. TO P.02 .. .. ... , ···-_,.. ... -··-,~-... ,, ... 1,,..,.. v• ..,,, ,y.,,, •11c. ·..,1;""'1~1"•\or/'\lC nvu.t¢1"',_ 1 nu, V~MJlt-11.rAil:. t~Nv,1 .~ INSURANCE PQLle'I' AIIIO DOES NOT ~. liX'l'END, OR Al. TEA THE OOl/!:AAGE ~QAOel:) a,y THI! PCU(;IES USTS.c !!El.OW, '. SOUTHWSST CONSTRUCTION CO INC 2909 RAINl!l,O;.t V..All.JY BLVD FALLBROOK CA 92028 If, .. ·UBER1Yfli- . 1'.~ MtJT~Mf • /: s1i:,s M1 r.:i. Sorent,Q Pl. __________ i_•~------....:-.._,.; Suite .'f300/s·~o ... 9 ~1 ii. at the data of this certlfioat•. in!!l.lrad bv ttw qompany under tha polic'f(iaa) ttlffi'.Mf 1-fow. T1_;,o incuraneo • · aul,Jed to all their tenns. exubna and conditions and is not alt&rad by any requirement. term or condition of any QOntrad or other document : .. 'Nilh bwhich this conificate fflll).'.=be==-issu==eclr'---------,---....... --~---~----------. • ~ ~NUMBER I :, - [xlPOUCV 1ERM CEHl!RAL UASIUTY 08-01-93 TBl-161-035110-022 08-01-93 ASl .. 161-.035110-042 SD Ar.f4.CIDD DDORSEMElttS I.JI/IT OF LIABILITY COVERAGE AFFORDED UHOEA ~ U.W OF THE FOU.OWING STA"IE&; ~~-Olher'lhan~Oaata!ioni $2,000,000 .• &di!y ln,llliy Md~Cmnqo~ty $1,000,000 ~ wld Afhll!fti"t $1,000,000 Of1ttr; FIU LEGAL $50,000 $1,000,000 Olhar. MEDICAL l:'AIUl.'f.r $5,000 EIICI\Acl:iderlt-SlillJleUmlt· BJ. and P .0. COmtlhld IT IS HEREJY UNDE!STOOO AND AGR.l:ttW TID\T THE POLICY TO WRICR'n:lIS CERTIFICATE REFERS MAY NOT BE CANCELED, MA'l'ERIALLY CHANGED, NOR TKE .AMOUNT OF COVERAGE THEREOF REDUCED UNTIL THIRTi (JO) DAY .AFTER MCEIPI OY.WR.ITT!N NOTLCE OF C~.NCELU!ION OR REDUCTION IN COVERAGE BY THE .. IFTHE CERT'FICAtE !XPIRATION nan. IS CONTINJOIJS OR liXTl:~D 'l'eRM. YOU WILi,. nc NOtlFIEO If' CCNE1!AGC 1$ T£ffiolll'4ATl!D Oft~ BEf'CMa THI: camFICATE ~TICN DA.Te. HC¥IEVER. YOU WIU. ffl:rri:IE Nbl.lFEOANNUAU.Y a:: iHi QON'FINUAnot:,OF OOV&RAGE. . SPIQAL NOTICI. • OHIO: llff PERSON WHO, WfTH lNliNTTO DEFRAUD OR KNOWING THAT I-IE·IS fACILff'ATING A FRAUD AGAINST AN IHSUR&R. SURMIT'S AN APPl.lCATJatOAfUSAQAIMCONTAIHMAFAlSEORDECEPTIVESTA"R:MENTISGUII.TY<:SINSUMNCEFRAUD. NGTIQe OF CANCliLIJI.TION: (NOT APPf.JCABt.E UNl.eSS A NUMBER ~ DAYS IS ENTEAEPBELCW.) DCFOAE TtE 8TA1l;Omct"IMTltlN0jl(TETH!i~ANY wtLL NOT· CAN0EI. OR REDUCS THE INSIJflAta AFR>ftD&D UH0ER ntE AS0VE ?a..lCIIES UNTIL AT I.EAST ....lQ_QAYS NanCE CF $UCM CANCEU.ATION HAS BEEN MAIi.ED 10: THE CITY or CARLSBAD 4•12-93 (rw) SAN DIEGO CA CFFCE I tl POL!CY i".JUMBER: TBl-161-035110-022 & ASl-161-035110-042 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE THE CITY OF CARLSBAD (if no entry appears above. information required to complete this endorsement wiil be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. e· -CG 20 10 11 85 Copyright. Insurance ~ervices Office, Inc .. 1984 0 ... - .. Suite 300 5355 Mira Sorrento Place P. 0. Box 85064 San Diego, California 92186-5064 Telephone: (619) 558-8311 FAX: (619) 558-7156 PRIMARY INSURANCE ENDORSEMENT LIBER1Y- MUTUALW It is agreed that such insurance is afforded by this policy for the benefit of THE CITY OF CARLSBAD shall be primary insurance as respects and claim, loss or liability arising out of the subcontractor's operations or by its independent contractors and any insurance maintained by THE CITY OF CARLSBAD shall be excess and non-contributory with the insurance provided hereunder: INSURED'S NAME: SOUTHWEST CONSTRUCTION CO INC TO BE ATTACHED TO POLICY NUMBER: TBl-161-035110-022 & ASl-161-035110-042 POLICY EFFECTIVE DATE: 8-1-92 ------------- POLICY EXPIRATION DATE: 8-1-93 ------------- CARRIER NAME: LIBERTY MUTUAL INSURANCE COMPANY Liberty Mutual Insurance Group /Boston Equal Opportunity Employer , - • • :: . .;,/,,j'{jjj{i" T:'T" :J.?};•~;,;,;,;,;,;0:c J...._.{ .:-•,;•1~1°f;,;-;,,-,_:· )_..,t :;;l;;;;;~vj/{;'{~~: .--m., '~,t;-»lii?/M-I @ CITY OF CARLSBAD ~ ·, . 1200 ELM AVE .. CARLSBAD, CA 92008 (619) 434-2882 U __ ,ff BUSINESS LICENSE ,)_ NO. ~i ISSUED TO (BUSINESS OWNER): ~: .SOUTHWEST CONSTRUCTiON CO. INC !:!' 2909 R,!l.INBOW VALLEY BLVD • :~_r "" .... ...-... ,, '"' . " ;; ,,, ;•· rnf.,;; '"' ~-: ~' Ii fl .. :-,j -p: l. ! i I) : 1-,-. r '-' c, C ,__. u· ,-. ·c -::: P 0·• C. -~ ;_7 ,-, r• a.: M i" :_! /f. ;, F ALL BR O O !< , , CA 9 2 0 2 6 i:!l '-•.JC. !"i•-\ L.. 1'! ·:'i i fj ;_. 1 ._, ! i.--'-' ._,1.-: GiCJ--7;::B-4476:Ji '.' BU!:;INESS PREMT.SES. _ ~ ~ K ~! TO CONDUCT THE (BUSINESS CLASSIFICATION): ~j1 SUB-CONTRACTOR ~'ii BUSINESS AS (OBA, BUSINESS NAME) : SOUTHWEST CONSTRUCTION CO. ! LOCATED AT (BUSINESS LOCATION): J 2903 RAINBOW VALLEY BLVD 1!\ FALLBROOK,, CA 92026 FROM:12/01/92 TO: 11/30/93 'H. r f~ ,-,, ., "'OTIFv o1Jc-~•cc,..,, -.~r:-krcc:-oF-·c~ ,. l ( ![J' ,ij \ < _ • l h,= ·J i 1_~ ~ ·-' ..:) 1-. ~ ~_. L. I-~:-• L. .. · ~: l t:_ i ::! :i_·_:·_'l, '·" Il-"0l! CHA'"'.~t:. LUrCAf~ON 11R 1·i::t,,sF ,,:, ;l,T 1·! ) , ..... ~ '-" J. ..... '\ ...-1-.-' ..... -l·-1 . ~ : ~ ' ·/ lb OP ER AT I ON . ~ , ~I ' i N t\, a;; _,,4,p .... 1U -c,;,0;,. •. r,H ·.❖:-,-.,,,-"· ,:;j;J ··oi,,c· >•~',uW•<_:; !ii:! ,.-nj NOT TRANSFERABLE-POST IN A CONSPICUOUS PLACE ":=•fr;···~_::~ &:_;j'f,;,:,.· ··.;:;1u•,;j: .·,·-•;,;-;•;,;-;,;.:•:•,-~ -\~\%•;(-;,;_,.:.'-· --~~ y·· --·· .--.;,;-:•-··-·•· . ,•, · .. ~ .. :..:.: --· ;: .... :~,&i/;;;-~.--EMERGENCY CONTACTS •~, SIMON, DAVE •.~:_' 2909 RAINBOW VALLEY , FALLBROOK, CA . II \~' BLVD. 92028 MAILING SOUTHWEST CONST RU CT! ON CO. \~ ADDRESS 2909 RAINBOW VALLEY BLVD A FALLBROOK,, CA 92026 ·~ ·•JI: ;rip· il;:::}1iX~<t.-< ,~:Y~;,">i\°V~f;f•:. ,,:,;.-.'\."(;'f.;"tf_.:~ .-.:.1;;,\,"¥i't.;~~ ..... .·:-.1:-;,;-;-,;,;,;::•~----,.j,,{D:L·~-ilj!! i\1J: i"ll i ,~=->t;;;frt;-.-;."!'.':: .'.··-:-c:::::.·· .-,,;:?;;;-;;;,;-;,,;;, LICENSE RESTRICTION: NONE FEE-SCHEDULE PC60 SUBJECT TO REVOCATION BY THE CITY COUNCIL OF CARLSBAD !( IJC( ,§@P&i«t·· ., t##Ri&rif-?J •,);-&@\' 1;& ·'·-•>"•&ii11··"' lit •''Y'i»'(:'f1W g;q_ ,~-:-:-:·:-«1'1'·' . ;,_,~'n.✓.-•• , .• APPLICANTS COPY ·1·-·1· :'.if ,,,.f_ ·n ·ll\ ' .,i111'-:'::' CERTIFICATE OF INSURANCE: PRODUCER W.D. Brooks Insurance Services 1593 Winchester Road Ste. 120 emecula, CA 92590 PHONE 714-676-6000 INSURED southwest Construction co. Inc 2909 Rainbow Valley Blvd. Fallbrook CA 92028- "REVISED" CSR 03 25 93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMPANY LETTER B COMPANY LETTER C COMPANY LETTER D COMPANY LETTER E Safeco Insurance >COVERAGES<==================================================================================================================== co LTR THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDIT!ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. TYPE OF INSURANCE GENERAL LIABILITY [] COMMERCIAL GEN LIABILITY [ ] CLAIMS MADE [ ] acc. [) OWNERS'S & CONTRACTOR'S PROTECTIVE [ ) [ ] AUTOMOBILE LIAB [ ] ANY AUTO [] ALL OWNED AUTOS [] SCHEDULED AUTOS [ ] HIRED AUTOS [] NON-OWNED AUTOS [] GARAGE LIABILITY [ ] EXCESS LIABILITY [] UMBRELLA FORM [] OTHER THAN UMBRELLA FORM POLICY NUMBER POLICY EFF DATE POLICY EXP DATE LIMITS GENERAL AGGREGATE PROD-COMP/OP AGG. PERS. & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (ANY ONE FIRE) MED. EXPENSE (ANY ONE PERSON) COMB. SINGLE LIMIT BODILY INJURY (PER PERSON) BODI LY INJURY (PER ACCIDENT) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE !STATUTORY LIMITS A WORKERS' COMP AND WC 8140708 WC 8140708 07 /13/92 07 /13/93 EACH ACCIDENT 1000 DISEASE-POL. LIMIT 1000 07 /13/92 07 /13/93 DISEASE-EACH EMP. 1000 A EMPLOYERS' LIAB OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS * UNLESS CANCELLED FOR NON-PAYMENT IN WHICH CASE THERE WOULD BE 10 DAYS NOTICE OF CANCELLATION > CERTIFICATE HOLDER<-------------------------------> CANCELLATION <-----------------------------------------=-----=----===--=== CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE = SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- = PIRATION DATE THEREOF, THE ISSUING COMPANY WILL IDK)KAM()K}«E MAIL 30* = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, )100X: = FXXOOXECBJWCNlli.JtlilHoXN'.:X:~»10[~:fmXKMX~X~iOK = ~~NMilqXOOK~ ~~xooxm~wa:.. CARLSBAD CA = AUTHORIZED REPRESEN 92008-1989 = I _ACORD 2s-s (7 t90) _____________ __!D~a~e~l~B~o:!.:wm~~a~n44ylL-l:::µ;__.&.---_=:3p-~~c.....!_.!...,_~::.!:....,~.-:::...- I I •• I I I I I I le I I I I- I I I •• I OPTIONAL ESCROW AGREEMENT FOR SURE1Y DEPOSITS IN LlEU OF RETENTION 30 This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City'' and __________________________ whose address is -------------------------------here in after called "Contractor" and ---------------------whose address is -----------------------------_________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the public works contract entered into between the City and Contractor for ____________ in the amount of ____________ dated ___________ _ (hereinafter referred to as the "Contract"). A copy of said contract is attached as Exhibit "A". When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City of Carlsbad and shall designate the Contractor as the beneficial owner. Prior to any disbursements, Escrow Agent shall verify that the present cumulative market value of all securities substituted is at least equal to the cash amount of all cumulative retention under the terms of the Contract. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. Alternatively, the City may make payments directly to Escrow Agent in the amount of retention for the benefit of the City until such time as the escrow created hereunder is terminated. 6/24/92 I •• I I I I I I I le I I I I I I I •• I 4. 5. 6. 7. 8. 9. 31 Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses any payment terms shall be determined by the Contractor and Escrow Agent. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the City of the default of the Contractor, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. Upon receipt of written notification from the City certifying that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth in Sections 6 thru 8 and 10. 6/24/92 I •• I I I I I I I le I I I I I I I •• I 10. 32 The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are a_5 follows: For City: Title --·------------------ Name_-_-_______________ _ Signature. _______________ _ Address. ________________ _ For Contractor: Title -- Name _________________ _ Signature. _______________ _ Address. ________________ _ For Escrow Agent: Title. _________________ _ Name. __________________ _ Signature. _______________ _ Address ----------------- 6/24/92 I •• I I I I I I I le I I I I I I I •• I 33 At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title. _________________ _ Name _________________ _ Signature. _______________ _ Address. ________________ _ For Contractor: Title _________________ _ Name _________________ _ Signature. _______________ _ Address ________________ _ For Escrow Agent: Title. _________________ _ Name ·------------------ Signature. _______________ _ Address ________________ _ 6/24/92 I I . •• I I I I I I I I I I I I I •• I 34 RELEASE FORM THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS NAME OF CONTRACTOR: PROJECT DESCRIPTION: PERIOD WORK PERFORMED: The above-named Contractor hereby acknowledges payment in full for all compensation of whatever nature due the Contractor for all labor and materials furnished and for all work performed on the above-referenced project for the period specified above with the exception of contract retention amounts and disputed claims specifically shown below. RETENTION AMOUNT FOR THIS PERIOD: $ _____________ _ DISPUTED CLAIMS DESCRIPTION OF CLAIM AMOUNT CLAIMED The Contractor further expressly waives and releases any claim the Contractor may have, of whatever type or nature, for the period specified which is not shown as a retention amount of a disputed claim on this form. This release and waiver has been made voluntarily by Contractor without any fraud, duress or undue influence by any person or entity. Contractor further certifies, warrants, and represents that all bills for labor, materials, and work due Subcontractors for the specified period have been paid in full and that the parties signing below on behalf of Contractor have express authority to execute this release. DATED: PRINT NAME OF CONTRACTOR DESCRIBE ENTITY (Partnership, Corporation, etc.) By:----------------- Title: ----------------- By:----------------- Title: ----------------- 6/24/92 I I •• I I I I I I I I I I I I I •• I 1-1 TERMS To Section 1-1, add: SPECIAL PROVISIONS I. SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION A. Reference to Drawings: 35 Where words "shown" "indicated" "detailed" "noted" "scheduled" or words of similar ' ' ' , ' import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. B. Directions: Where words "directed," "designated," "selected," or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer," unless stated otherwise. C. Equals and Approvals: Where the words "equal," "approved equal," "equivalent," and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer," unless otherwise stated. Where the words "approved," "approval," "acceptance," or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. D. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to me·an that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 6/24/92 I I •• I I I I I I I I I I I I I •• I 36 1-2 DEFINffiONS Modify Section 1-2 as follows: Agency -the City of Carlsbad, California Engineer -the Project Manager for the City of Carlsbad or his approved representative 2-4 CONTRACT BONDS Delete the third sentence of the first paragraph having to do with a surety being listed in the latest revision of U.S. Department of Treasury Circular 570. Modify Paragraph 3 as follows: Contractor shall provide two good and sufficient surety bonds. The "Payment Bond" (Material and Labor Bond) shall be for not less than 50 percent of the contract price to satisfy claims of material suppliers and of mechanics and laborers employed by contractor on the project. Add: The Payment Bond and the Performance Bond shall be kept in full force and effect by the Contractor during the course of this project. Both bonds shall extend in full force and effect and be retained by the City for a period of one (1) year from the date of formal acceptance of the project by the City. Add the following: All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 2-5 PLANS AND SPECIFICATIONS To Section 2-5.1, General, add: The Work shall be performed in accordance to the following documents: 1. 2. Standard Specifications for Public Works Construction 1991 Edition and 1992 Supplement. Standard Design Criteria for the Design of Public Works Improvements in the City of Carlsbad approved 6/17 /87 and revised 11/90 . 6/24/92 I I -I I I I I I I I I I I I I I •• I 3. 4. 5. 6. 7. 37 San Diego Area Regional Standard Drawings 1992 with Modifications as listed in the City of Carlsbad's Standard Design Criteria approved 6/19/87 with 11/90 Revisions. City of Carlsbad Supplemental Standard Drawings as shown in the City of Carlsbad's Standard Design Criteria approved 6/19/87 and revised 8/91. California Department of Transportation Standard Plans and Specifications Section 86, Signals Lighting and Electric Systems, 1988 Edition. Standard Plans and Specifications for Construction of Water Mains for Carlsbad Municipal Water District dated january 1987 (Revised June 1990) adopted by Resolution 539. State of California Department of Transportation Traffic Manual. 8. These project specifications supplied herein. drawings are enclosed with this document. Copies of pertinent standard 2-5.4 Record Drawings: The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer upon completion of the work. To Section 2-11, add: 2-11 INSPECTION Directions from others, including utility company personnel, shall be subject to the approval of the Engineer. 2-12 PROJECT MEETINGS Attend pre-construction conference to be held at time and place to be designated by the Engineer for the purpose of reviewing with the Contractor and major subcontractors the general requirements, progress schedules, communications procedures, and such other matters of general interest as may be appropriate. 6/24/92 I I ' I I I I I I It I I I I I I I f l 38 3-5 DISPUTED WORK To Section 3-5, Disputed Work, add: All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS § 20104. Application of article; inclusion of article in plans and specifications (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that 11public work11 does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. § 20104.2. Claims; requirements For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may 6/24/92 I I ,. I I I I I I I I I I I I I f I 39 request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. § 20104.4. Procedures for civil actions filed to resolve claims The following procedures are established for all civil actions filed to resolve claims subject to this article: 6/24/92 I I •• I I I I I I • I I I I I I I (' I 40 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. § 20104.6. Payment by local agency of undisputed portion of claim; interest on arbitration award or judgment (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. § 20104.8. Duration of article; application of article to contracts between Jan. 1, 1991 and Jan. 1, 1994 (a) This article shall remain in effect only until January 1, 1994, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1994, deletes or extends that date. (b) As stated in subdivision (c) of Section 20104, any contract entered into between January 1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article. To that end, these contracts shall be subject to this article even if this article is repealed pursuant to subdivision (a). 6/24/92 I I I I I I I It I I I I I I I f I 41 4-1 MATERIALS AND WORKMANSHIP To Section 4-1.3.1, Inspection Requirements, General, add: ' All work shall be under the observation of the Engineer or his appointed representative. The· Engineer shall have free access to any or all parts of work at any time. Contractor shall furnish Engineer with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Modify Section 4-1.4, Test of Materials, as follows: Except as specified in these Special Provisions, the Agency will bear the cost of testing materials and/or workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests shall be borne by the Contractors. At the option of the Engineer, the source of supply of each of he materials shall be approved by him before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. After improper storage, handling or any other reason shall be rejected. All backfill and subgrade shall be compacted in accordance with the notes on the plans and the SSPWC. Compaction tests may be made by the City and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. Add the following section: 4-1. 7 Non conforming Work The contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. SECTION 5 -UTILITIES: Modify Section 5 of SSPWC as follows: 5-1 LOCATION Add the following: 6/24/92 I •• I I I I I I I le I I I I I I I •• I 42 The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to locate and indicate on the plans, all utilities which exist within the limits of the Work. However, the accuracy of completeness of the utilities indicated on the plans is not guaranteed. The Contractor shall notify the following agencies forty-eight ( 48) hours prior to construction: Vallecitos Water District San Diego Gas & Electric Company 744-0460 438-6200 489-3441 Pacific Telephone Underground Service Alert Daniels Cablevision 1-800 422-4133 Carlsbad Municipal Water District Santa Fe Pacific Pipelines, Inc. City of Carlsbad Inspection Department 5-4 RELOCATION Add: 438-5241 438-3367 283-6511 438-3891 The temporary or permanent relocation or alteration of utilities, including service connection, desired by the Contractor for his/her own convenience shall be the Contractor's own responsibility, and he/she shall make all arrangements regarding such work at no cost to the City. If delays occur due to utilities relocations which were not shown on the Plans, it will be solely the City's option to extend the completion date. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. 6-1 CONSTRUCITON SCHEDULE Modify this section as follows: A construction schedule is to be submitted by the Contractor per the following: 1. The prime contractor is required to prepare in advance and submit at the time of the project preconstruction meeting a detailed critical path method (CPM) project schedule. This sc11,edule is subject to the review and approval of the City. 2. The schedule shall show a complete sequence of construction activities, identifying work for the complete project in addition to work requiring separate stages, as well as any other logically grouped activities. The schedule shall 6/24/92 I I I I I I I It I I I I I I I , I indicate the early and late start, early and late finish, 50% and 90% completion, and any other major construction milestones, materials and equipment manufacture and delivery, logic ties, float dates, and duration. 3. The prime contractor shall revise and resubmit for approval the schedule as required by City when progress is not in compliance with the original schedule. The prime contractor shall submit revised project schedules with each and every application for monthly progress payment identifying changes since the previous version of the schedule. 4. The schedule shall indicate estimated percentage of completion for each item of work at each and every submission. 5. The failure of the prime contractor to submit, maintain, or revise the aforementioned schedule (s) shall enable City, at its sole election, to withhold up to 10% of the monthly progress payment otherwise due and payable to the contractor until the schedule has been submitted by the prime contractor and approved by City as to completeness and conformance with the aforementioned provisions. 43 No changes shall be made to the construction schedule without the prior written approval of the Engineer. Any progress payments made after the scheduled completion date shall not constitute a waiver of this paragraph or any damages. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. 6-7 TIME OF COMPLETION The Contractor shall begin work within fifteen (15) calendar days after receipt of the 11Notice to Proceed11 and shall diligently prosecute the work to completion within eighty-five (85) working days 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 the hours of 7:00 a.m. and sunset, from Mondays through Fridays. The contractor shall obtain the approval of the Engineer if he/she desires to work outside the hours state herein. No equipment will be started prior to 7:00 a.m. 6/24/92 I I •• I I I I I I le I I I I I I I •• I 44 Contractor may work during Saturdays and holidays only with the written permission of the Engineer. This written permission must be obtained at least 48 hours prior to such work. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE Add the following: All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at his expense. Safety Requirements Store volatile wastes in covered metal containers, and remove from premises daily. Prevent accumulation of wastes which create hazardous conditions. Provide adequate ventilation during use of volatile or noxious substances. Conduct cleaning and disposal operations to comply with local ordinances and antipollution laws. Do not burn or bury any waste materials on project site. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains. Do not dispose of wastes into streams or waterways. PROJECT RECORD DOCUMENTS Maintenance of Documents Maintain at job site one record copy of Contract Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, other modifications to the Contract, field test records and other approved documents submitted by Contractor in compliance with specification requirements. Store documents in storage files and racks in the Project Field office apart from documents used for construction. Do not use record documents for construction purposes. Maintain documents in clean, legible condition. Make documents available at all times for inspection of Engineer and Owner. Submittal At completion of Project, deliver record documents to Engineer. Accompany submittal with transmittal letter, in duplicate, containing: Date, project title and number, Contractor's name and address, title and number of each record document, certification that each document as submitted is complete and accurate, and signature of Contractor, or his authorized representative . 6/24/92 I I r I I I I I I I I I I I I I , I 45 6-9 LlOUIDATED DAMAGES Modify this section as follows: rf the completion date is not met, the contractor will be assessed the sum of $200.00 per day for each day beyond the completion date as liquidated damages for the delay. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 7-3 LlABILITY INSURANCE Add the following: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE Add the following: All insurance is to be placed with insurers that are authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS Modify the first sentence to read: The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, and building permits necessary to perform work for this contract on City property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Add the following: Contractor shall secure and pay for all County or State permits, fees, and licenses necessary for proper execution and completion of work as applicable at time of receipt of bids. Contractor shall not begin work until all permits incidental to the work are obtained. Contractor shall obtain approval 'for haul routes. Haul route approvals shall be issued by the Engineer. 6/24/92 I I -I I I I I I I le I I I I I I I •• I 46 7-7 COOPERATION AND COLLATERAL WORK The Contractor shall coordinate all Work with the following utility companies and agencies: San Diego Gas & Electric, Pacific Bell, Carlsbad Cable Television and Carlsbad Municipal Water District. Add the following: Contractor shall not begin work until all permits incidental to the work are obtained. 7-8 PROJECT AND SITE MANAGEMENT To Section 7-8.1, Cleanup and Dust Control, add: Cleanup and dust control shall be executed even on weekends and other non-working days at the City's request. To Section 7-8.5, Temporary Light, Power and Water, add: The Contractor shall obtain a construction meter for water utilized during construction under this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall include the cost of water and meter rental within the appropriate items of the proposal. No separate payment will be made. 7-8.8 Noise Control All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following: Contractor shall, prior to site work, send written notices to property owners whose property might be affected, notifying the extent of work insofar as it affects their property. Also send notices to utility companies and government operated utilities. · Splicing of signal detector loops shall not be allowed. If loops are damaged, the entire loop shall be replaced. The Engineer shall be notified forty-eight ( 48) hours in advance of any potential loop damaging activities. Replacement of loops damaged as a result of Contractor's operations shall be paid for at the lump sum bid price for "Traffic Signal" . 6/24/92 I I t I I I I I I It I I I I I I I •• I 47 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access, add: The Contractor shall use signs, delineators, barricades, etc., as per Traffic Control Plan and the -State of California Manual of Traffic Controls for Construction and Maintenance of Work Zones. Contractor shall obtain Agency approval for traffic control plans supplemental to those shown in the plans. Plans shall include, but not be limited to grading, concrete work, asphalt paving and striping, trenching, traffic signal repairs and landscaping. Cost for plan preparation shall be included in the lump sum cost for Construction Traffic Control. Traffic control devices shall be maintained on a 24-hour, seven days per week basis. This shall include Contractor's inspection of traffic control devices at least at 2-hour intervals. The Agency shall have the right to cause this work to be performed at the Contractor's expense should the work be defective at any time. For traffic control measures not in conformance with the plans and these specifications, the Contractor shall prepare and secure approval from the Engineer a traffic control plan prior to commencement of work. Refer to Section 7-5, Permits. 7-10.3 Street Closures, Detours, Barricades, add to first paragraph: The Contractor shall conduct a prephase site construction meeting with the Engineer. The prephase site construction meeting shall be set up to the satisfaction and subject to the approval of the Engineer and conducted by the Contractor prior to the beginning of Work on each major Work phase. These meetings are intended to help improve the quality of construction, personnel safety on the project site, and safety of the traveling public. These meetings shall include all subcontractors connected with the particular phase. At each meeting, the Contractor shall indicate its current schedule for the phase, discuss maintenance of traffic, traffic control, project site personnel safety, compliance with the plans and specifications including quality construction, and all other pertinent subjects. The number of prephase site construction meetings will be determined at the preconstruction conference. No additional payment will be made for these meetings. 7-10.4.4 Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all time, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against 6/24/92 I I r I I I I I I II I I I I I I I •• I 48 hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 IAWS TO BE OBSERVED Add the following: Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, such conditions or modifications established pursuant to Section 1601 of the Fish and Game Code shall become conditions of the contract. 8 FACILITIES FOR AGENCY PERSONNEL 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 to do with reductions in amount of retention. llWATERFORCONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construction under this contract. The Contractor shall contact the appropriate water agency for requirements. The contractor shall include the cost of water and meter rental within appropriate items of the proposal. No separate payment will be made. 6/24/92 I I , I I I I I I llt I I I I I I I •• I II. SUPPLEMENTAL PROVISIONS TO STANDARD SPECTFICATIONS FOR PUBLIC WORKS CONSTRUCTION FOR CONSffiUCTION MATERIALS SIDEWALK CONSffiUCTION AND REIATED WORK FOR ALGA ROAD, ALICANTE ROAD, AND EL CAMINO REAL 201-1 PORTLAND CEMENT CONCRETE Modify Section 201-1.2.4, Admixtures, as follows: (b) Air-entraining Admixtures 49 Last paragraph amend to read: "A tolerance of plus or minus 1-1/2 percent is allowed. The air content of freshly mixed concrete will be determined California Test Method No. 504." Modify Section 201-1.3.3, Concrete Consistency, as follows: Second paragraph delete: "and shall not exceed amounts shown in following table:" Also delete table. 201-1 .4 Job Site Mixing. Job site mixing will not be permitted except as followed pursuant to Subsection 201-1 .4 of the SSPWC, or as otherwise authorized by the Engineer. Modify Section 201-1.4.3, Transit Mixers, as follows: Add after listing of information for weighrnaster's certificate: "Transit mixed concrete may be certified by mix design number, provided a copy of the mix proportions is kept on file at the plant location for a period of 4 years after the use of the mix." All concrete shall be 560-C-3250. SECTION 211 SOILS AND AGGREGATE TESTS Modify Section 211-2, Compaction Tests, as follows: 211.1 Soils Testing Add: All backfill and subgrade shall be compacted in accordance with the notes on the plans and the SSPWC. Compaction tests shall be made by the City and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the City. Said tests may be made at any place along the Work as deemed necessary by the Engineer. The costs of any retests made necessary by non-compliance with the specifications shall be borne by the Contractor . 6/24/92 I I , I I I I I I le I I I I I I I •• I 50 The Contractor shall give 48-hours advance notice to the Engineer prior to commencement of Work requiring soil testing. 300-3 S'IRUCTURE EXCAVATION AND BACKFIIL Delete all text in section 300-3.5 referring to the physical properties of the material and substitute the following: "Structure backfill shall be native material found within the limits of work.11 Delete all text in section 300-3.6 and substitute the following: 300-3.6 Payment. No payment will be made for structural excavation and backfill. The cost therefor shall be considered as included in the price bid for construction of sidewalk which such excavation is incidental, appurtenant or adjacent to. The quantity of structure excavation and backfill shall be that volume in place included within the street right-of-way transverse to the centerline of said right-of-way used to achieve the typical section shown on ,"SIDEWALK LOCATION AND GRADING", appendix page A-1 of this specification as well as those volumes that are necessary to achieve two to one (horizontal to vertical) slopes extending from the terminus of sidewalk parallel to said street centerline to their point of intersection to with the surface (daylight line) existing at the time of construction. SECTION 310 Add Sections 310-5.7.3, 310-5.7.4, and 310-5. 7.5 as follows: 310-5.7.3 Sign Post Materials. Sign posts shall be 10 gage 1-3/4 inch square galvanized steel breakaway with sign post anchor sleeve as manufactured by Telspar (or equal). 310-5.7.4 Installation of Signs. Signs shall be installed at the locations shown on the plans and as specified herein. The signs shall be mounted on posts in accordance with Section 56, usigns11 of the State Standard Specifications. All fastening hardware is to be provided by the Contractor. 310-5.7.5 Payment. All costs for final signing shall be included in the Lump Sum price bid final for signing relocation and no additional compensation will be allowed therefore. 6/24/92 I •• I I I I I I I le I I I I I I I I I e. APPENDIX 1: STANDARD DRAWINGS 6/24/92 1------------------- 1 I I I I I I I I I I I I I I I I EXISTING CURB & GUTTER 10' 5' ~/ ~ / ~Ti]! I I I I 111 F--- :c -~ C) IX ~ 1 1 1 /2"R __ 2 % 1 ~2"R -~ 1L---:----~~===-:-_.J::=N:-:.---;.----:-. ~. ~111it1·:g1lll11~· · n·11f!"~T11, --~~TT· _ __,__ • .--)~:~. ;. - stj" --•-"-' • •1 • • 111 111 i I i · 0 • ,1 • .. ·11 Ill 11 s: · • 1· 111 · ·m · •-WEAKENED · 11=-1 , ,-LL . · II 11 111 111_ PLANE 0 !=111 111 111 JOINT \ SIDEWALK TO ~ rn Ill Ill Ill . , ,ill,,. 1 • • BE INSTALLED ~ TYPICAL SECTION s· \ 'JuEWALk. T(; BE IWi T ALLED ALTERNATIVE 'A' NOTES= , . CONCRETE .AU c':. 0(:-1 -"<:'5C. d= MAXIMUM 12". WHEN d WOULD EXCEED 12" USE ALTERNATIVE 'A'. ___ SEE SAN DIEC() l~EGiONAL ., ANDARD DRAWINCS C-9 AND G-10 i="QR JOINT DETA:L'.:. 3. UPPER 6" OF c.,UBGRADE TO BE SCA.RIFIED, ,:;A TURA TED, & RECOMPACTED TO 1JC1% RELATIVE COMPACTION. SIDEWALK LOCATION AND GRADING I DRAWN BY: SCOTT EVANS, CARLSBAD ~NGINEERING DEPT 1::/9/92 A--1 - - - --> I N -12.~¼ Mo .. ot curb 2¼ M<Jx1 CASE A ~ •' ~ !I ~ 0 /1 -' " .. ,. , 12.S~ 5Ji Mox of I cirb ~ . --" ~ mu· a.ll¼ 110, Cr"ouwOlk LRetolnlno curb It neceuory at ~ of atdew<»ti. _l r s,, KOte Front j 1 ahlt~o e<SQ• of SH Noto Kl If IO<:OtO<I In cent.,.. of c.....-t> retU""n UH oroov11 on 110plno portfon of rQTp~htn Top of r • lo4'otod In center Rounded _.1 of curb r,nrn - - - - - -2¼ ..,. -;I .ll¼ llox SECTION A-A ~Top of r()fr'C) Retoinlng ci.rb uary -l,llr. ..,, rJ SECTION B-B Oepr-eaa entire 1ldewOI\ 01 required ~ RotolnlnQ curb 11 nec, .. or-y, c__:g--------[::1 --2Z 110,f iJ" SECTION C-C - - -4> !" ;,, I ; e.ni ..,. ~ -0 CASE C - --Retaining curb If neceuo-y ot •doe of atdewol\. -18 Notl 9 -S.11 Note 10 If K>cat&O Sn center of ctrb return ---To~ pl,3tt,f oo,-, _______ _ ~ S11 Note CJ I I UH when aldowOlk la 1111 tn<Jn 5· wide S11 Note 9 4> •' ~j C i .. --0 CASE D ~r_go_w()f(. CASE E ~, front ldQI of 1ldewolk See NOH 9 ~ : ~ ill.U See Noto S ~ ~ ! Front 0090 011) aldewolk Se1NOr1CJ".. ii X " •' b I ! ~ 5Ji 2 See Note 4 --8 CASE G s .. Noto 5 Romovol an4 roPo<>C•"'""' r Limit of P4l at controcto,-·1 oPtlon ' 16\iea• otnerwlH anown ~~oundtO __ on proJoct p1ona ~ , ----~_j jrl ~"" . ,. • , · '· • II LIP PET~IL See Note C DETAIL H ExfatlrtQ et.rb and tldewoll. Approxlmote,y )' ... ••cept oPPr'"O•ltnote,ly I½" on tloplno portion of rQlllP\ L --j r'k· LJ ~ ~-, • : • • . • . # - • , , GROOVING DETAIL - --·--Jyly 1, 1992 ,U,,tl ,.,.,.,io,~~•Tt. filillS L If Cllstmce frOffl curt> to t>oct( of side•~ Is too Short to accommodate r~ ond •' plotfo..-m OS In Case A, The IIOOwal(. ,nay ~ d•pr•H•d k>OQltuafnaay oa In co .. B or C or-moy be wl<MNd 01 In Coae 0. 2. If aldewol\ 111 l•aa tnon 5' wld•, tne ful wfdtn of the ala.walk an<»J ~ d~ea110 oa atiown In Cose C. l. lhtn romp la k:lcot.o In cent.,.-of cl.11) retl6""n, croHwol( conflQUrotlon ITIU•t be slmll<r to that lhown on the pkln to OCCOlll?Odote wheelchOlra. •. If J)kY)tlno oreo width la eqoo to or greater than r~ length tu, r"Clff'9 aide 5'01)1 lXI dlSt<Ylce a l' laee Cast Cl, 5. for-Coaos f <r"\G G, the 1ono1tudlnol portion of thtl aldtlwok fflO)' need to be depreas.cS 01 llhown In COH 8. 6. If IOcated on o Cl.l"'ve tho aides of the romp need not be poroue~ t>ut the mtnlffJ.Jin wldfh of the ra,np shalt be •', 7, Th• t>ottom of ttlol ramp &nall hOve a 1/,''IIP at •s·. ti) -t C, 9. The ron"4) anoa nave a 12" •'<M bCH"'d.,.. with r-'I.'' gr-oov•• approximately l'4" on center. See > a. Sldewati. and romp tnlcknesa. "T", 1h41 t>e 31/z", I,, ~~=v~notr~:a~~!: :::::g ~r~~: ::~ur• Z rouon...-than the SIJf"rOUt"tdln-Q sldtwOlk •xcept wn.n IOcot~ In cent.,-of curb l"'etur"n. 10. wnen romp la IOc.oted In center of curt> r-•turn, It aholl t>e Qr"ooved In o herrlnQt>one pattern with 1/4'' Ql"OOVIIS opproxlmotely l'/1" on center, See oroovlno csetall. Croove1 llhol bl aligned por0011 to CrOHwotk d091 or poralel to thl prOIOnQotlon of Curba wh4in thtr"e ere no croMwok nnes. 11. Roanp ,10. tl()(l-e vorl11 1..11fforrriy 1rom a maxlra~ of 1.4> to '2.SZ ot curb to contor,-wlth longltud5n<i alcJewdk. t.lOPt O<J)octnt to tap of tht rOT¥>. e11ecept 11"1 Casea C Ond G.. 12. Uthlty pul t>oxtl, l'IQ'\hOI••• voUtt CT!d OI ot"9r utmty focfltles wltl'\ln the bOl.t\dcrlo• of the CI.M"b romp whlb• r4MOCotea by otn..-1 prior to, Of' In conJuictlon with, CUf"b rCl'l'IP con1tructlon. STATE Of CALf"OANIA 0£PAATM[NT OF TRAN'SPORTA TlON CURB RAMP DETAILS NO. 1 NO SCALE z co ,, ,. OD OD NEW STANDARD PLAN NSP A88 - I •• I I I I I I I le I I I I I I I CONCQETE UETEQ f?OX (:,EE TAf?LE !?ELOW) IF LOCATION 15 11-J VEl-ilCULAQ 1RAFFlC. ZONE. LID 'S~ALL f7E CA:,T IQON BALL Vt:..LVE_/ (BY CITY) NOTE: '?LAC.K TUBING ON VB?TlCAL · t?ISE ANGLE 5~ALL l?E W/ TUBING P,;ENOEI< · t. ALL COPPER JOlNf:, TO t?E 'SILVER SOLDERED (SEE PAGE \3 FOR :,Pi:CIFlCAflON5.) 2. TAD TO MAlN TO f?E MINIMUM OF 1e,· FROM NEAC?EI< COUPLING OR TAP. 3. NO TAPS ':,~ALL f7E ALLOWED ON M.0.A. A.C. PIPE. ii-. ALL EXPOSED COPPER 5\-IALL 5E WP.APPEO. 5. NO TAPPED A.C.P. COUPLINGS ALLOWED. I. . f2" - r:,o· _; 1 rEE · f3E~17(TYP) c METERS ,,,, ............ ............ DENOTES AREA TO /3t WQAPPED -SEE PAGE 19 FOR 5DECIFICA- TlCJN'5 :,IDEWALK , CONCQETE C.URI? f GUTTER TYDE·K· SOFT COPPER COQP STOP FOQD F!;-700 (M.LP. x FLARE) DBL.STRAPS.ADDLE -JONE5 J-97~ METEi2 ~ VALVE SIZE TA0LE METE!< '5/e," :3/4 -t .. PIPE t. 1" , .. C012P :,TOP 1· 1· 1" ANGLE STOP I" r I" SACOLE 1• X A-C.P. DIA. METE!< r,ox BROOKS B7S cote.) BROOKS 37T 5ii.. . TEMP. f!,'3/e," tJ3f t;" (0 1/2" 'SPACERS TO TO TO t;•re" 8 112· 107/ 6. COSTA REAL MUNICIPAL WATER DISTRICT ••. REVISION APPR. DA TE 1--PR-EP-AR-ED_.__BY-: --'----l 111 WATER SERVICE CONNECTION DETA\L OF DATE: JAN. 1987 DRAWING NO. I C.R.M.WD. FOR 5/811 , 3/411 a 111 METERS 1 I •• I I I I I I I le I I I I I I I I I 3" 4" 6" Sidewaik cuts per Std. Owg. G-11 A...,...,.._ ~---------<...,__ _______ _ ... C :::i ~ ... Q. Cl ct Optional break line for cuts in existing curb and gutter. A PLAN SECTION Pipe to be finished flush with curb. Gutter .. _.,,·, . :.· . •,•' ....... SECTION 8-8 APPROVED DRAIN PIPE SIZES 6" to 8" CURB FACE 8" CURB FACE 10" CU RB FACE NOTES 1. Pipe shail be one continuous length from property line to curb line. 2. Muitipie pipes to be set a minimum distance of 0/2 apart. 3. Concrete shall be 520-C-2500 4. Pipe shail be circuiar asbestos cement, cast iron or rigid plastic. 8 Approved Date SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK UNDERDRAIN PIPE A-4 B ... C :::i .Cl Gutter ~ (.,'I C ·e Drain shall not occupy the hatched area BLOCK CORNER RECOMMENDED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE {/4../t?~ .J-u. 1975 CoOtdlNIOt A C.E. 19807 a.,. DRAWING NUMBER D-27 I I I I I I I I I I I - I I I I I .. · . .c.·.·. .. -~. . ("\ ... .,,., . . . '-l,., c....i . . · .. : ·-.· .. · .. 5 5" RE I 7 I 7· 7REMOVE TACK COAT a A.C. PAVEMENT SAWCUT ONLY. FEATHER OVERLAY TO PROVIDE SMOOTH TRANSITION. ~o" TO : 2" 3/4"RADIUS 3/8" '...: P I /2"RADI ~S~ ·"-~---;,-::.,....,. 1·5,. SIDENTJAL . COMMERc I AL : :c/.· .. ··: . I - I /2" 6" RESIDENTIAL 8. COlvlMERC: AL . ; . A.C. A.B. AS REQUIRED BY PLAN NOTES: I. PROVIDE WEAKENED PLANE AT 15' MAXIMUM, OR AT TOP OF TRANSITION. 2. REMOVE CURB, GUTTER a SIDEWALK AS SHOWN ABOVE. FORM AGAINST A.C. PAVEMENT IF IN STRAIGHT LINE WITH GUTTER LIP, OTHERWISE FORM ON A.C. SIDE AND PATCH WITH HOT MIX A.C. 1 ... illiiili ................ llllllliiiii ... ___ c_r_T_Y __ O_F __ cA_R_L_s_B_A_D~---,_~~pJ,.la7,H--H TYPICAL .. .e, I ----_.,__,-~----DRIVEWAYS SUPPLEMENTAL STANDARD NO. DATE GS-12 1.------------------- USE UNISTRUT 1 3/4"X 1 3/4" 12 GAUGE TELESPAR POST (t 16F12 OR EQUAL I I I I 2. I 6' ------- (UNLESS OTHERWISE) \ SHOWN ON PLANS S7MWARO' FINISH-Material shall be hot dipped galvanized coatinq conforming to ASTM A525, · Jes. G-90. INSTALLATION OF SIGNS-Signs sr,oll be installed at the locations shown on the plans and/or scecifications herein. The signs snail be mounted on posts in Gccordance with Section 56, "·:;:gns" of the State Standard I ';,)>:?C1fications. All fas,ening r,crdware is to De provided by I :re Contractor. 3. ~LiYMENT-All costs ior final I s 'jning shall be inciuded in the ~:..mp Sum price bia final for signing relocation and no caditional compensat;on will be oi!owed. 7' SIDEWALK\ I I I I I I USE UNISTRUT __.------ I 2 1/4''X 2 1/4"-12 GAUGE TELESPAR POST 22F12 USE UNISTRUT 2"X 2" ____, 12 GAUGE TELESPAR POST 20F12 CITY OF CARLSBAD 0 0 0 2"± RIVET SPECIFICATION 0 TYPE: UNISTRUT TL 3806 DIMENSION: 3/8" DIA. SHANK 0 7 /8" DIA. HEAD o GRIP RANGE: 200-.356 o MATERIAL: BODY-1006 STEEL PIN -1008 STEEL FINISH: ELECTRO-GALVANIZE ASTM-B-633 0 0 o TYPE Ill SCI o PLACEMENT: DEPENDENT UPON SIGN HOLES 0 0 0 0 0 0 1 /4" ANCHOR SLEEVE EXISTING GROUND ~ ~ 2" ANCHOR POST SIGN POST DETAIL I._ __________ __. A-6 --City of Carlsbad · M•)Utd=i·SIJMWi('X3ffltl September 30, 1993 Southwest Construction Co., Inc. 2909 Rainbow Valley Blvd. Fallbrook, Ca 92028 Re: Bond Release -Contract No. 3391 -Sidewalk Construction for Alga Rd., Alicante Rd., and El Camino Real The Notice of Completion for the above-referenced project has recorded. Therefore, per instructions from our Engineering Department we are releasing 75% of the Performance Bond. Please · consider this letter as your notification that $45,811.28 of Merchants Bonding Company Performance Bond No. 132121 is hereby released. A copy of the recorded Notice of Completion is enclosed for your records. Enc. c: Lynn True, Eng. Dept. · 1200 Carlsbad Village Drive • Carlsbad, California 92008-1989 • (619) 434-2808