HomeMy WebLinkAboutA & L Asphalt Company d/b/a Asphalt Service; 1978-04-17; 1046CITY OF CARLSBAD
SAN DIEGO COUNTY
California
CONTRACT DOCUMENTS 8 SPECIFICATIONS
FOR CONSTRUCTION OF STREET IMPROVEMENTS
IN PARK DRIVE
FROM VALENCIA AVENUE TO KELLY DRIVE
Contract No. 1046
February, 1978
C-
TABLE OF CONTENTS
1 NOTICE INVITING SEALED PROPOSALS
3 PROPOSAL
6 BID BOND
7 DESIGNATION OF SUBCONTRACTORS
8 STATEMENT OF FINANCES
9 AGREEMENT AND CONTRACT
11 BOND FOR LABOR AND MATERIALS
13 BOND FOR FAITHFUL PERFORMANCE
j***"
k, 15 SPECIAL PROVISIONS
r, ,„
CITY OF CAkLSUAV;, CALIT
NOT1CF. INVITING 3ID5 OR I c.; ML
(^ SEALED BIDS will be received at the Office of the City Clerk, City
Hall, 1200 Elm Avenue., Carlsbad, California, until 3:00 p.m. on
the j?_2nd_ day of __March , 19_78_, at which time they will be open-
ed and read, for performing the work as follows:
Construction of street improvements in Park Drive from Valencia Avenue
to Kelly Drive
Contract No. 1046
Said work shall be performed in strict conformity with.the specifi-
* cations therefor as approved by the City Council of the City of
Carlsbad on file in the Engineering Department. . Reference is here-
by made to said specifications for full particulars and description
of said work.
No bid will be received unless it is made on a proposal form fur-
nished by the Engineering Department. Each bid must be accompanied
by cash, certified check or bidder's bond made payable to the City
of Carlsbad for an amount equal to at least'ten percent of the amount
bid. Such guaranty to be forfeited-should the bidder to whom the
contract is awarded fail to furnish the required bonds and to enter
into a contract with the City within the period of time provided by
the bid requirements.
<****"".• W The documents included within the sealed bids which require comple-
tion and execution are the following:
1. Proposal - Page 3. 4-° 5^
2. Designation of Subcontractors - Page 7.
3. Bidder's Bond - Page 6.
4. Contractor's Financial Status - Page 8. •
Said documents shall be affixed with the appropriate notaried signa-
tures and titles of the persons signing on behalf of the bidder.
For corporations, the signatures of the President or Vice-President
and Secretary or /vssistant Secretary are required and the corporate
seal shall be affixed to all documents requiring signatures. In the
case of a partnership, the signature of at least one general partner
is required.
All bids are to be compared on the basis of the Engineer's estimate.
The estimated quantities are approximate Only, being given solely as
a basis for the comparison of bids.
No bid will be accepted from a contractor who has not been licensed
in accordance with the provisions of Chapter 9, Division 3 of the
Business and Professions Code. The contractor shall state his license
f***"* number and classification in the proposal. The estimated cost of tjie
W work is $ 42,200.00. . .
' • • • Page 2
Plans, Special Provisions and Contract Documents may -be obtained at
the Engineering Department, .City Hall, Carlsbad, California, at no
cf*"""" t to licensed contractors. A iionrofxindable. charge' of n_ON£__
w"r*lj. be required for each set of plans, special provisions and con--
tract documents for other than licensed contractors. It is requested
that the plans and special provisions be returned within two weeks
after the bid opening.
The City of Carlsbad reserves the right to reject any or all bids
and to waive any minor irregularity or informality in such bids.
A project tour will be conducted by the. City of Carlsbad Engineering
Department at 10:00 a.m. on March 13, 1978 J ^ •
The general prevailing rate of wages for each craft or type of work-
man needed to execute the contract shall be those as determined by
the Director of Industrial Relations pursuant to the State of
California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770,
1773 and 1773.1.
t
Pursucmt to Section 1733.2 of said. Labor Code, a current copy of
applicable wage rates are on file in the Office of the City Clerk of
the City of Carlsbad.
*
It shall be mandatory upon the Contractor to whom the contract is
awarded to pay not less than the said specified prevailing rates of
to all workmen employed by him in the execution of the contract.
Also, the prime contractor shall be responsible to insure compliance
with provisions of Section 1777.5 of the Labor Code of the State of
California for all occupations with apprenticeships as required on
public works projects above thirty .thousand 'dollars ($30,000) or
twenty working days.
The amount of the bond to be given for the faithful performance of
the contract for the said work, shall be one hundred percent of the
contract price therefor, and an additional bond in the amount equal
to fifty percent of the contract -price for said work shall be given
to secure the payment of the claims for any material or supplies
furnished for the performance of the work contracted to be done by
the contractor for any work or labor of any kind done thereon.
Approved by the City Council of the City of Carlsbad, California, by
Resolution No. 531J adopted on February 21 . , 19 7$ .
DATED; esuits 23 I <? 7 <?•-J~^
GWUET E. ADAMS, City Clerk
OHIGiUAL
Page 3
CITY OF CARLSBAD.
CONTRACT NO. 1046
• FOR. CONSTRUCTION OF STREET IMPROVEMENTS
IN PARK DRIVE
FROM VALENCIA AVENUE TO KELLY DRIVE
PROPOSAL
To the City Council
City of Carlsbad H D!' I l\l ,\\
1200 Elm Avenue UlllUliMnL'Carlsbad, California 92008
Gentlemen:
The undersigned declares that he 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. 1046 in accordance with the
plans, the specifications of the. City of Carlsbad, and the special provisions,
and that he will take in full payment therefor the following unit prices for each
item complete, to wit:
Apprcximste Article v/ith Ur.it Price or Unit
Quantity & Unit Lump Sum Written in Words Price TOTAL
1. All - Lump Sum Clearing and grubbing; remove and
relocate street barricades (2)
places per plan, complete in place
at three thousand five hundred
fifty-two—-- Dollars 3,552.00
and ' Cents
per lump sum .
2. 1792 cu. yds. Roadway excavation at
five Dollars
and -twenty-five cents J:-3&& 9,408.00
per cubic yard
3. 1275 cu. yds. Imported compacted dirt fill
material at
seven Dollars
C
and thirty-eight Cents
per cubic yard 9,409.50
Page 3a
Item Approximate , • Article with unit price or
•—JlilgHJity ?< Un^t ^"'P sum written in words'
540 Tons
'5. 1536 Tons
6. All - Lump Sum
Asphaltic concrete pavement
at -
twenty Dollars
and ...eighty-four Cents .
per ton
Crushed.aggregate base at
. seven Dollars
and thirty-eight Cents
per ton
Approximately 1330 sq.ft. of 2"
asphaltic drainage swale (2)
places per plan at '
Unit
Price TOTAL
11,253.60
11,335.68
t 1 each
Dollars
Centsand '•
per lump sum
Adjust sewer manhole cover and
frame to grade at
Dollars
and _
each"
Cents
1,500.00
350.00
TOTAL IN FIGURES $ 46,808.78
Total amount of bid written in words:
forty-six thousand eight
hundred eight dollars and
seventy-eight cents ORIGINAL
Pago 4
lids are tq be computed on the basis of- the given estimate;!
.ities of work, as indicated, in this proposal, times the unit
All bi«
quantities
price as submitted by the bidder. In case of a discrepancy between
words and figures, the words shall prevail. In case of an error in
the extension of a- unit price, the corrected extension shall be
calculated and the bids v/ill be computed as indicated above and
compared on the basis of the corrected totals.
The estimated quantities of work indicated in this proposal are
approximate only, being given solely as a basis for comparison of
bids.
The undersigned has checked carefully all of the above figures and
understands that the City v/ill not be responsible for any errors or
omissions on the part of the undersigned in making up 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" check or bond accompanying
this bid shall become the property of the City of Carlsbad.
Licensed in accordance with the Statutes of the State of California
providing for the registration of contractors, License No. 257720
Identification A General Engineering Contractor
The undersigned bidder hereby represents as follows: (a) ._Tlmt no
Councilman, 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 induced him 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 (b) That this bid is made without connection with
any person, firm or corporation making a bid for the same work, and
is in all respects fair and without collusion or fraud,
• »
Accompanying this proposal is Bid Bond ; _; •
(cash, certified check, cashier's check
or bond)
in an amount not less than 10 per cent of-the total bid price.
The undersigned is aware of the provisions of Section 3700 of the
Labor Code which require every employer to be insured against
liability for workmen's 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.
Page 5
714-757-8370
Phone Number
March 22, 1978
Date
A & L-Asphalt Company DBA
Bidder' s .Tame
Asphalt Service /\ (SEAL)
Authorized Signature.,,
'"
P.O. Box C Oceanside, Calif. 92054
Bidder's Address
Authorized Sig'r.a^ur^ '^ '• • - ^
i'.'i'i i • cuft'
•' \'v •'; V^/California Corpora€ibn' ...''*\vo>v
~~ TyPe o'f Orgir.i ;-"&t:':.^i! ~~^v~:~
(Individual , Corr-ra^H^r;'1
Co-
Partnejrship)
List below names of President, Secretary, Treasurer and .'•:.::-,?.rs:r if a
corporation, and names of all co-partners if a co-partncrririv.-:
C. H. Lawrence
Donald A. Aarthun
John C. Aldrich
President
Vice President
Secretary
t
""?••* v*. ,'---< ', 1 - r ^
> . '\ ,.^~
MAR 17 1978BIDDER'S BOND TO ACCOMPANY PROPOSAL
, KNOW ALL HEN 13Y'THESE PRESENTS, •
That we, A & I ASPHALT COMPANY DBA ASPHALT SERVICE » as Principal,
and INDUSTRIAL INDEMNITY,COMPANY , as Surety, are held and firmly
bound unto the^ City of Carlsba.d', California, in the sum of JEN
10%PERCENT (10^' ) OF THE AMOUNT'BTr-(£-) , lawful, money of .
the United States for the payment of which sum well and truly to be
made, we bind ourselves,, jointly and severally, firmly by these presents,
-THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: .-,',''
, ' , .That, if the proposal of the above-bounden principal .for:
•CONSTRUCTION OF STREET IMPROVEMENTS IN PARK DRIVE FROM VALENCIA'AVENUE TO KELLY DRIVE .
CONTRACT NOl 1046 , ' - , ; ; " • / ^'" % • '"' •" . ..; < : '
in the City of Carlsbad, is accepted by the City Council of said City,
and i-f the above-bounden Principal shall duly enter into and "execute
a contract including required bonds 'and insurance policies within (20)
twenty 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.
In the event that any Principal above named executed this bond
as an individual, it is agreed that the death of any such Principal
shall not exonerate the surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 22nd__
day of MARCH 19 78 .
,'CJ
(if corporation)
_ -Ack;ripwledgement of
Fact)
ASPHALT SERVICE
Pri
.. „. .„..-„,,,, —. .--'»Tr7..r-R» ,.,
industrial Indemnity Compan^J,- ,
_ .-*'.•-. _...^. -_..-.. --_^. _^^^m.^KnJIBni**! «lp* l:t i \ * jf . -•^IMKHMMH^B. • IJ.IBIIHI «i« II II l| Bill. . . I u •*. •. I •• u I II,«*.^»B^^J^^^^^^^P—« I I I B. 'Illifiv*!! J Ji^ ', T ™ I ^irety
, Attorney-in-Fax:t' '
(Notarial acknowledgement of execution by all PRINCIPALS and SURETY
must be attached.) * /
STATE OF CALIFORNIA
COUNTY OF San Diego
March 22, 1978
ss.
On
the undersigned, a Notar
personally appeared
known to me to be the—
before me,
Public in and for said County and State,!. H. Lawrence
President, and—
, known to me to be
____Secretary of the corporation that executed the
Instrument, known to me to be the persons who executed the
V*vithin Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
Margaret Sommer
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
$ $gj& OFFICIAL SEAL
r? MARGARET SOMMER
* ^^-/ NOTARV PUBL'C • CALIFORNIA,'*'* PRINCIPPRINCIPAL OFFICE INL°s ANGELES COUNTY"• -»
1 State of CALIFORNIA
County of SAN DIEGO
, !S.
before me, the undersigned,
" appeared
OFFICIAL SEAL
MARGARET E. McCCBS |
NOTARY PUEUC - CALi; . ..« g
PRINCIPAL OFFICE H <?
_ SAN DiEGO CO'!"^' •>
My Comir.ission Expires Ncveir.ber 24,1379 g
known to me to be the Attorney-in-Fact of
-
DCncLli *JI Lit*- v^wi j./^i.fc*v*v-.
me that such Corporation executed the same.
acknowledged to
1Y060 R4(9/72)
JJotoer of &ttornep 217
HOME OFFICE
Unoto all men bp ttjeSc presents:
MAR 20 1978
INDUSTRIAL,
INDEMNITY
COMPANY
SAN FRANCISCO
That the INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of Cali-
fornia, and having its principal office in the City of San Francisco, State of California, doe* hereby make, constitute and appoint
-WILLIAM E. SPICER, RONALD RASMUSSEN or 0. M. POPE-
ita true and lawful attorney for it and in its name,, place and stead to execute on its behalf as surety, bonds, undertakings, stipula-
tions, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of
-ALL OBLIGEES-
provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of-- — ---- UNLIMITED----
thousand dollars, and reserving to itself full power of substitution and revocation.
This' Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of the INDUS-
TRIAL INDEMNITY COMPANY, at a meeting held on the 29th day of March, 1968, reading as follows:
"RESOLVED, that K. K. Bechtel, Chairman of the Board, or Fred Drexler, President, or J. W. Pedersen, Vice President, of this
company, when attested by the Secretary or an assistant secretary, be and he hereby is authorized to execute Powers of Attorney quali-
fying the attorney selected to act under such Power of Attorney to execute on behalf of Industrial Indemnity Company bonds, under-
takings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto."
In,,'.witness';whereof, the INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be
affixed^ by Iti proper officers, at the City of San Francisco, California, this 18TH day of
..>.. -x >—iij——,_Li. •'y . JQ /-Q
INDUSTRIAL INDEMNITY COMPANY
By. J..:.W,...PEpERSEN.... „ ;
(J. W. PEDERSEN) VICE PRESIDENT
SEAL !V • ' ; ••\Attwt:-, ;
-iv . >
•>. -3
>,<''$,
!'••!• .-•-..-•••
1* - ' ,'
/'>'' -: •
Secretary
STATE OF CALIFORNIA J .
CITY AND COUNTY OF SAN FRANCISCO i '
On this 18TH day of NOVEMBER . 19 69 , before me MARY MUELLER
a notary public in and for the City and County of San Francisco, State of California, personally appeared
J. W. PEDERSEN and CLARENCE G. JOHNSON
known to'me to be the VICE PRESIDENT and Secretary of the corporation
which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred
to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on Mar.
29, 1968, and that the same is in full force and effect.
In witness, whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
SEAL
My commission expires JULY..
MARY...MUELLER
Notary Public in and for the City and County
of San Francisco, State of California.
W. H. EAGLETON, ASSISTANT VICE PRESIDENT of the INDUSTRIAL
hereby certify that I have compared the power of attorney granted herein and the resolution recit*
file in the principal office of said Company, and that the same are correct transcripts therefrom an<_,
and that said power of attorney has not been revoked but is still in full force and effect.
reunto subscribed my name as such officer and affixed the,seal of tbeJNB>SSTRIAL INDEMNITY
;ncisco, California this 22nd dayjf- MR s S'"-<-i'-•'" "'
SEAL
FORM 1 Y040"
FORM IV041 R4 (S/eTT
PRESIDENT
Page 7
DESIGNATION OF SUBCONTRACTOR . '
. «
t The undersigned certifies that he has used the isubbids of the
following listed contractors in making up his bid and that the
subcontractors listed, will be used for the work for which they
bid, subject to the approval of the City Engineer-, and in
accordance with the applicable provisions of the specifications.
No change may be made in these subcontractors except upon the
prior approval of the City Council of.the City of Carlsbad.
ITEM OF WORK • SUBCONTRACTOR ADDRESS
• 1. ' • __
2. ; NONE
• 3. ' '
4 . ' ; ; t
5. - ;
6. \
*
A & L Asphalt Company Inc,
DBA Asphalt Service
Bidder's Name
Authorized Signature ,,.,•">'"< ';
\ ,.•;,"(""."
Corporation /\-'V-'° Y.,
Type of Organization ( (
l "^
(Individual, '
P.-O. Box C
Oceanside, Calif. 92054
Address
Page R
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
''TECHNICAL ABILITY AND EXPERIENCE
(The Bidder it; required to state what work of a similar character to
that included in the proposed contract he has successfully performed
and give reference v/hich will enable the City Council to judge his
responsibility, experience/ skill and business standing.)
The undersigned submits herewith a statement of.his financial respon-
sibility.
The undersigned submits below a statement of the work of similar
character to that included in the proposed contract v/hich he has
successfully performed. ' . • *
City of Carlsbad - Contract No. 1032 Construction of
Street, sewer and drainage improvements in Elm Ave. from
Valley Street to Donna Drive
Signed
P , r f*V%
i-
'" l<^i'i
i . • , v,
•"•:.:•' <•• 'W• • i. i % /
c
r ~x • i ,«• f i, • • .
. Page 9
« 9 * < *
\ J CONTRACT
tf 1,^ "~* •""• "~* "••"• ~-"" **" ""* **~"
^
THIS AGREEMENT, made and entered into this ft ' day of
, 19_2£.» by and between the City of Carlsbad, .
California, hereinafter designated as the City, party of the first
part, and A & L Asphalt Co. d/b/a Asphalt Service t hereinafter designated
as the Contractor, party of the second part.
WITNESSETH: that the parties hereto do .mutually agree as follows:
1. For and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by the City, the Con-
tractor agrees with the City to furnish all materials and labor for:
CONSTRUCTION OF STREET IMPROVEMENTS IN PARK DRIVE FROM VALENCIA AVENUE TO KELLY DRIVE
CONTRACT NO. 1046
and to perform and complete in a good and workmanlike manner all the
work pertaining thereto shown on the plans and specifications therefor;
to furnish at his own proper cost and expense all tools, equipment,
labor ana materials necessary therefor, (except such materials, if any,
as in the said specifications are stipulated to be furnished by the
City), and to do everything required by this agreement and the said
plans and specifications.
2. For furnishing all said materials and labor, tools and equip-
ment, and doing all the work contemplated and embraced in this agreement,
also for all loss and damage arising out of the nature of the work
aforesaid, 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, and for all risks of
every description connected with the work; also, for all expenses
incurred by or in consequence of the suspension or discontinuance of
work, except such as in said specifications are expressly stipulated
to be borne by the City; and for well and faithfully completing the
work and the whole thereof, in the manner shown and described in the
said plans and specifications, the City will pay and the Contractor
shall receive in full compensation therefor the lump sum price, or
if the bid is on the unit price basis, the total price for the several
items furnished pursuant to the specifications, named in the bidding
sheet of the proposal, as the case may be.
3. The City hereby promises and agrees with the said Contractor
to employ, and does, hereby employ the said Contractor to provide the
materials and to do the work according to the terms and conditions
herein contained and referred to for the price aforesaid and hereby
conditions set forth in the specifications; and the Sciid parties for
themselves, their heirs, executors, administrators, successors and
assigns, do hereby agree to the full performance of the covenants
herein contained. • '
4. The Notice to Bidders, Instructions to.Bidders, Contractor's
Proposal, and the plans and specifications, and all amendments thereof
ORIGINAL
0u
8, 55
STATE OF CALIFORNIA
COUNTY or San ss.
April 12, 1978 _ before me,
the undersisned, a Notary Public in and for said County and State,
personally appeared C. H. Lawrgnge
known to me to be the President, and ,
John C. Aldrich known to me to he
Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
Signature.
Margaret Sommer
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
.iBt
OFFICIAL SEAL \
MARGARET SOMMERj
NOTABV PUBLIC . CALIFORNIA
PRINCIPAL OFFICE IN
LOS 4NOELES COUNTY
Commission Expires M«y.i5, 1979
Page 10
when approved by the parties hereto, or when'required by the City in
accordance with 'the provisions of the plans and specifications, aro
hereby incorporated in and made part of this agreement.
5. Pursuant to the Labor Code of the State of California, the
City Council has ascertained the general prevailing rates of per diem
wages for each craft or type of workman needed to execute the contract
and a schedule containing such information is included in the Notice
Inviting Bids and is incorporated by reference herein.
6. The Contractor shall assume the defense of and indemnify
and save harmless the City, the City Engineer, and their officers
and employees, frora all claims, loss, damage, injury and liability
of every kind, nature' and description, directly or indirectly arising
from the performance of the contract or work, regardless of responsi-
bility for negligence; and from any and all claims, loss, damage,
injury and liability, howsoever the so.rae may be caused, resulting
directly or indirectly from the nature of the work covered by the
contract, regardLess of responsibility for negligence.
IN WITNESS WHEREOF, the parties hereto have caused this contract
to be executed the day and year first above written.
A & L Asphalt Co. d/'b/a Asphalt Service
ctor , ,.S~-Z?r /; ^/^ (seal)
C b^
' •" -, r
• Title
CITY. OF^CZUJLSBAD, CALIFQJJNJA.
*>y
Approvekl
Mayor
ATTEST:
clty^ttorney ( / City Clerk1
(Notarial acknowledgement of execution by all PRINCIPALS must be
attached.)
Page 11
LABOR AND MATERIAL BOND
EXECUTED IN FOUR j?ARTS . ' • ' BOND NO. YS785~3925
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, the City Council of the City of Carlsbad, State of
r - • - ,California, by Res. No. 5560 adopted Apri I 4, 1978 f
has awarded to A & L Asphalt Co', d/b/a Asphalt Service ; ,,
—J.-..T.--.-_•• -.. . -.--.---'-. ' , -n ---- ' ' __. --..-- - . . - ----- -j-Vif - a- » -i|-""T- -^- ,1 ••—T-...I-.IIIIT i-1 '} - -. .. w j i, v .. fr-^-t-^
hereinafter designated as the "Principal", a contract for:
CONSTRUCTION OF STREET IMPROVEMENTS IN PARK DRIVE FROM/VALENCIA AVENUE TO KELLY DRIVE
CONTRACT MO. 1046
in the City of Carlsbad, in strict conformity with the drawings and
specifications and other contract documents on file in the Office of
the City Clerk.
WHEREAS, said Principal has executed or is about, to execute said
contract and the terras thereof require the furnishing of' a bond with'
said contract, providing that if said Principal or any of his or its
subcontractors shall fail to pay for any materials, provisions, pro-
vender or other supplies or teams used in, upon, for "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 ex ten L. hereinafter set forth:
NOW, THEREFORE, WE A & L Asphalt Co d/b/a Asphalt Service
as Principal, hereinafter designated as
Contractor and INDUSTRIAL INDEMNITY COMPANY
as Surety, are held firmly bound unto
Twenty Three Thousand Four Hundred
the City of Carlsbad, in the sum of Four and 59/100———-—--———Dollars
($25,404.59 ) , said sum being 50 per cent of the estimated amount
payable by the City of Carlsbad under the terms of the contract, for
which payment well and truly to be made we bind ourselves, our heirs, .
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or
his subcontractors fail to pay for any materials, provisions, provender
or other 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 thorcon
of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, that the Surety or Sureties will
pay for the same, in an amount not exceeding the sum specified in the
bond, and also, in case suit is brought upon the bond, a reasonable
attorney's fee, to be fixed by the court, as required by' the provisions
of Section 4204 of the Government Code of the State' of California.
Pago 12
This bond shall inure to the benefit of any and all persons, comnani.es
and corporations entitled to file claims under Section 1192.1 of the
Code of Civil Procedure so as to give a right of action to them or
their assigns in any suit brought upon this bond, as required bv the
provisions of Section 4205 of the Government Code of the State of'
California. •
And the said Surety, for value received, hereby stipulates and agreer
that no change, extension of time, alterations or additions to the
terms of the contract or to the work to be performed ther..-under or
the specifications accompanying the same shall in any wise affect
its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alterations or additions to the
.terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 11TH day of APRjL ___
, 1978 .
INDUSTRIAL INDEMNITY CO><fANY
•P. Q. Box 80965
ILI.IAM E. SPICER, AttorneVlin-Fact
!<n
STATE OF CALIFORNIA
COUNTY OF San Dieqo
April 12, 1978
ss.
n nk-'j_.L_i__L^»jLJ'/u ,fOn . , — : ' . before me,
the umiersiened, a Notary Public in and for said County and State,„ , C. H. Lawrencepersonally appeared : . _ , ,
known to me to be the President, and—,
: , known to me to be
. Secretary of the corporation that executed the
within Instrument, known to me to lie the persons who executed the
within Instrument on behalf of 'he corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
'irectors.
Signature-
Sommer
Name (Typed or Printed I
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
'-£&jfe MARGARET SOMMER*
5y NUTo.RY PUBLIC CALIFORNIA)
,•,<•" PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires May 15^ 1979
of California
County of SAN DIEGO
On APRIL 11TH, 1978 ; before me, the undersigned,
55. .a Notary Public of said county and state, personally appeared
E. SPtCER
OFFICIAL SEAL
MARGARET E. McCOBB
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires November 24,1979
_
known to me to be the Attorney-in-Fact of
- Industrial Indemnity Company - — - .the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
NOTARY PUBLIC
1Y060 R4 (9/72)
•"..'' ' Page 13
I " • . *' ] • • ' •
^ ii,... . 'L. PERFORMANCE BOND
, • . ' • BOND NO. YS785-3925
EXECUTED IN FOUR PARTS , PREMIUM: $328.00
, KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Res. No. 5360 adopted Aprl I 4. 1978
has awarded to A & L Asphalt' Co. d/b/a Asphalt Service „___„».
hereinafter designated as the "Principal", a contract for:
CONSTRUCTION OF STREET IMPROVEMENTS IN PARK DRIVE FROM VALENCIA AVENUE TO KELLY' DRIVE
"CONTRACT fiO. 1046
in the City of Carlsbad, in strict conformity•with the drawings and
specifications and other contract documents now on file in the Office
of the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute said
contract and the terms thereof require the furnishing of a bond for
the F.aithful Performance of said contract; '
NOW, THEREFORE, WE, ^ & .1 Asphalt. Co. H/h/a A«tphal + ftftrx/!rft __
; • as Principal, hereinafter designated as
the "Contractor", and INDUSTRIAL INDEMNITY COMPANY
^__ as Surety, are held and firmly bound
unto .the City of Carlsbad, in the sura of Forty Six Thousand Eight Hundred Eight
and 78/100 .
Dollars ($ 46,808.78 ), said sum being equal'to 100 per cent of
the estimated amount of the contract, to be paid to the said City or
its certain attorney, its successors and assigns; for which payment, '
well and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors or assigns, jointly and severally,
firmly by these presents. •
THE CONDITION OP THIS OBLIGATION IS SUCH, that "if the above-bounden
Principal, his or its 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 said
contract and any alteration thereof made as therein provided on his
or th'eir 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 and agents, as therein stipulated, then this obligation
shall become null and void; otherwise it shall-remain in full force^
and virtue. • . . . .
And said Surety, for value received, hereby 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 spccifi-
48
2 o1 53
STATE OF CALIFORNIA
'COUNTY'.OF- San Diego ss.
April 12, 1978On "f ^t^ -•"—_'_,±1-11 before me,
the undersigned, a Notary Public in and for said County and State,' , C. H. Lawrencepersonally appeared .... — .— —•..—•• -— ,
known to me to be the- - .President, and '.
.-- , known to me to be
, ..Secretary of the corporation that executed the
within Instrument, known to me to he the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws .or a resolution of its board of
directors.
Signature.,&
Margaret Sommer
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
OFFICIAL SEAL
j| MARGAHEr SOMMERj
'.] NOTARY PUBLIC CALIFORNIA jj
' -* PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
Expires May J5,
State of California
County of SAN DIEGO
OFFICIAL SEAL
MARGARET E. McCOBB
NOTARY PUBLIC - CAUruiiiVIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires November 24,1979
On APRIL 11TH, 1978 , before me, the undersigned,
.a Notary Public of said county and state, personally appeared
WILLIAM E. SPICER
known to me to be the Attorney-in-Fact of
industrial Indemnify Company >
the Corporation that executed the within instrument, and known
to me to be the person who executed the said instrument on
behalf of the Corporation therein named, and acknowledged to
me that such Corporation executed the same.
NOTARY PUBLIC
1Y060 R4 (9/72)
Page 14
cations accompanying the same shall in any wise affect its obligations
on this bond, and it docs hereby v;ai.vc notice of any 'change, extension
°f time, alterations or addition to the terms of the contract or to the
v?ork or to the specifications. ' •
In the event that any Principal above named executed this bond as an
individual, it is agreed that the death of any such Principal shall
not exonerate the Surety from its obligations under this bond,
IN WITNESS WHEREOF, this . instrument has been duly executed by the
Principal and Surety above named, on the i ITH _ day of
APRIL , 3.9 78 . •
ASPHALT SERVICE
INDUSTRIAL INDEMNITY COMPANY
P. 0. Box'§0965
WILLIAM E. SPICER,
(Seal)
(Seal)
(Seal)
• t.
Page 15
CITY OF CARLSBAD
CONSTRUCTION OF STREET IMPROVEMENTS IN
PARK DRIVE
FROM VALENCIA AVENUE TO KELLY DRIVE • '
CONTRACT NO. 1046
SPECIAL PROVISIONS
A. GENERAL REQUIREMENTS
1. Work to be Done
The work to be done consists of furnishing all labor, equipment,
materials, and performing all operations for street improvements .
in Park Drive from Valencia Avenue to Kelly Drive.
i 2. Plans and Specificationsi •
The specifications for the work consist of the Standard Specifi-
cations of the City of Carlsbad, the 1976 Edition of Standard -
Specifications for Public Works Construction (hereinafter desig-
nated S.S.-P.W.C.) as issued by the Southern California Chapters
of the American Public Works Association, and these contract
documents and specifications.
The construction plans consist of four sheets designated as City
of Carlsbad Drawing Mo. 186-2. The standard drawings utilized for
this project are City of Carlsbad drawings and drawings from the
Regional Standard Drawings of the San Diego Area. Copies of
pertinent standard drawings are enclosed with these documents.
3. Construction Schedule and Time of Completion
A construction schedule is to be submitted by the Contractor per
Section 6-1 of the S.S.P.W.C. Coordination with the respective
utility company for removal or relocation of conflicting utilities
shall be requirements prior to commencement of work by the Contractor.
The Contractor shall begin work after being duly notified by an
• issuance of a "Notice to Proceed" and shall diligently prosecute the
work to completion within (90) consecutive calendar days from the
date of receipt of said "Notice to Proceed."
^^w
C
Page 16
4. Nonconforming Work
The Contractor shall remove and replace any work not conforming to
the plans or specifications upon written order .by the City Engineer.
Any cost caused by reason of his nonconforming work shall be borne
by the Contractor.
5. Guarantee
All work shall be guaranteed for one year after completion and any
faulty work or materials discovered during the guarantee period shall
be repaired or replaced promptly.
6. Hater for Construction
The Contractor shall obtain a construction meter and pay all fees
and deposits for water utilized during the construction of this contract.
The Contractor shall contact the City Water Department for requirements.
Compensation for water fees shall be included in the various contract
unit prices and lump sum prices of the construction work and ho additional
payment shall be made.
7. Surveying
Surveying service for this project shall be performed by the City of
Carlsbad or their authorized agent. Requirements of the Contractor
pertaining to this item are set forth in Section 2-9 of the S.S.P.W.C.
B. CRUSHED AGGREGATE BASE
1. Crushed aggregate base materials shall conform to the requirements of
Section 200-2.1 through Section 200-2.2.2 of the SiS.P.M.C.
2. Measurement and payment for crushed aggregate base shall conform to
Section 301-2 of the S.S.P.W.C. .
C. ASPHALT CONCRETE PAVING
1. Asphalt concrete paving shall conform to Section 302-5 of the S.S.P.W.C.
Asphalt concrete paving viscosity grade shall be AR 4000.
2. Section 302-5 is modified to require that a 3 inch thickness of the
asphalt concrete pavement be placed in two courses, being 2 inches in
thickness of base course and 1 inch thickness of surface course. Mix-
ture of each course to be approved by the Engineer.
3.s All new asphalt concrete pavement shall be fog seal coated with asphalt
emulsion as directed by the Engineer and as set forth in Section 37-1
of the California Division of Highways Standard Specifications.
Page 17
4. Payment: Compensation for asphalt concrete pavement including fog
seal coat shall be included in the asphaltic concrete pavement bid
item, and no other compensation shall be provided.
D. EXCAVATION
1. Excavation shall meet the requirements of Section 300 of the S.S.P.W.C.
2. Excavation shall include grading of the (10) foot shoulder adjacent
to the (12) foot asphaltic driving lane.
3. Compensation for the grading of the (10) foot shoulder shall be
included in the excavation bid item, and no other compensation shall
be provided.
E. SPECIFICATION REFERENCES ... ......
1. Clearing and grubbing, and backfill shall meet the requirements of
Section 300 of tha. S.S.P.W.C.
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660
i
: A * L- GENERAL POWER OF ATTORNEY
GPA 027
NUMBER VALID ONLY IF IN RED
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the
laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make,
constitute and appoint
P. C. FAUST
nt San Diego .and State of Call f Omi a .its true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver.
Contract Bonds (S.B.A. Guarantee Agreement) - $200.000.00; License & Permit
Bonds -.$50.000.00; Miscellaneous - $50.000.00; Contract Bonds - $50,000.00
Court Bonds - $50.000.00; Fiduciary Bonds - $50,000.00
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31, 1977"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa
Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions: <
"Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the
Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other
conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by
the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, Balboa Insuraj
and its corporate seal to be hen
has caused these presents to be signed by its._
' ~^5th _dayof_sLyJli
Vice President
A.D., 19_Z7.
State of California
County of Orange
On this 1
Incorporated
_ * —
Feb. 6, 1948
\ . A1 d r i c hA.D., 19 77 . before me personally came R
to me known, who, being by me duly sworn, did depose and say, that he resides in Mission V i e j 0 t California .
that he ts VJC6 President of BALBOA INSURANCE COMPANY, the company described in and which executed
the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Company; and that he signed his named thereto by like order.
OFFICIAL SEAL
JEAN M. JOHNSTON
Notary Public-California
ORANGE COUNT/
My Cemmlulon Expires July 9, 1978
Notary Public
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force
and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972, and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation,
may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation."
GIVEN under by hand and the seal of said Company, at Newport Beach, California, this*Wtj— «n.
<?.
_day of
B29E672 Secretary