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HomeMy WebLinkAboutBaker, Robert L.; 1984-01-23; 3158CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS for COASTAL STORM DRAINS CONTRACT NO. 3158 Page 1 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS i PROPOSAL 2 BIDDER'S BOND TO ACCOMPANY PROPOSAL 8 DESIGNATION OF SUBCONTRACTORS 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 12 CONTRACT 13 LABOR AND MATERIAL BOND 16 PERFORMANCE BOND 18 GENERAL PROVISIONS 19 SPECIAL PROVISIONS 2? Pag CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will he received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the f£ *£. day of D£?G» > 19 #2 at which time they will be opened and read for performing the work as follows: CONTRACT NO. 3158 The work shall be performed in strict conformity with the specifications s. therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received ur.lrss it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' 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 days after the contract is awarded. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience 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 $ 78?OOP. . No bid shall be accepted from a contractor who has not be<n licensed in accordance with tii'>. provisions of State law. The contractor shall state hio or her license number and classification in the proposal. * One set of plans, special provisions and contract documents may bo. obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $8.00 per SC,L. Page The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California 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 to insure compliance with provisions of Section 1777.5 of the California Labor Code. v The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. A prebid meeting and tour of project site wi11/w«44=^wt be held on /^RiD/IV > PJF<r,.2y>3 at 3.'90 P.M- at c IT Y HALL.' r 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 for rejection of bid. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ~~f3^S~ * adopted on the / day of A/g?V'• , 19 Date Aletha L. Rautenkranz, City Clerk CITY OF CARLSBAD CONTRACT NO. 3158 Page 2 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 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. "3J5& 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 Article w/Unit Price or No. Lump Sum Written in Words LINE A Approximate Quantity Unit & Unit Price TOTAL 1. 18" R.C.P. (1350-D) 123 L.F. DOLLARS CENTS CENTS per each 5. Box Outlet, Wall & Apron DOLLARS per lineal foot 2. 18" C.M.P. , 12 GGE, 21 L.F. DOLLARS CENTS 3. 6' Type "D" Inlet 1 ea. DOLLARS CENTS U. Type "F" Clean Out 1 ea. DOLLARS 1 ea. CENTS per each 6. Remove & Replace Existing Improvements DOLLARS CENTS Line A (Cont'd). Page 3 Total In Words Total In Figures APPROXIMATE LINE ARTICLE W/UNIT PRICE OR QUANTITY UNIT NO. LUMP SUM WRITTEN IN WORDS & UNIT PRICE TOTAL LINE B 1. Outlet Structure L.S. DOLLARS CENTS 1- - oc 2. Construct Concrete Stairway L.S. (jf,QCrf DOLLARS CENTS Total In Words Total In Figures per lineal foot 2. 5' Type "A" Inlet (SDRS DWG D-l) 1 ea. [5D * DOLLARS f CENTS per each 3. Reconstruct U" Sewer House Connection if required 1 ea. DOLLARS CENTS empve,& Replace Existing Improvements t DOLLARS L.S. CENTS Total In Words Total In Figures LINE C ~. Gf 1. 18" R.C.P. (1350-D) 218 L.F. $0 f DOLLARS CENTS Page ITEM ARTICLE W/UNIT PRICE OR NO. LUMP SUM WRITTEN WORDS LINE D APPROXIMATE QUANTITY & UNIT UNIT PRICE TOTAL 1. 18" R.C.P. (1350-D) DOLLARS CENTS 216 L.F. per lineal foot 2. Type "F" Cleanout DOLLARS 3 ea CENTS per each 3. ^ox Outlet, Wall & Rock Apron 1 ea DOLLARS CENTS per each U. Remove & Replace Exist. 6" 15 L.F. Cone. Curb DOLLARS CENTS per lineal foot 5. U" Concrete Sidewalk DOLLARS CENTS Remove & Replace Existing provements DOLLARS 18 S.F. L.S. CENTS Total In Words ( (T "f Total In Figures r ft4*L ft? M ( Total Price For Lines A,B,C, and D. *> Of ^ </ ftf f * v Total In Words Total In Figures 7 & *j f 7) Addendum (a) No (s). received and is/are included in this proposal. The undersigned understands that the City may choose to construct either one or more of the Storm Drain Lines A, B, C, or D under this contract. Page 5 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned has checked carefully all of the above figures and understands that the City will 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 re- quired contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by 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. J ,(• Identification 9 !T- 3 £ O % 7 J The undersigned bidder hereby represents as follows: 1. That no Councilmember, 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/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 15 / O t^>O~v[ £? (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 6 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require 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. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general pre- vailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. _ Phone Number Bidder's Name _ Date Authorized Signature Authorized Signature _ Bidder's Address Type of Organization (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) STATE or _CALIFORNIA ORANGE ** .. 30th December m ROBERT L. BAKER _ to me known *ng known lo me 10 be in* P« r»o<XH »Ko OS) O'CI 0«SCiib«0 m *n0 who OCCvled trie lO'Cgomg iniliumcnt »nO •cfc.nowtcogeis) to me »»me p. Notary z o 1Cu omcMtsftt.imu t. smiiMT Notary Public - California OKJWtt COUNTY My Commission Expires Feb. 16. 1987 < > Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, /-to L<?^ * L £V /££ ^ , as Principal, and /I/a' (to i * I ' nf y \, j /t c~e, 3 ocne/ , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of Dollars ($ ), lawful money of the United States for the pay- ment 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: V That if the proposal of the above-bounden principal for: COASTAL STORM DRAIN - CONTRACT NO. 3158 in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden 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. In the event 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 day of , 19 . Corporate Seal (If Corporation) Principal By Title ]_ (Notarial acknowledgement of execution by all PRINCIPALS and (Attach acknowledgement of SURETY must be attached.) Attorney in Fact) STATE OF CALIFORNIA COUNTY OF ORANGE OfFIClM. UAL ANNA P. STIUWAT Public - Witanu ORANGE COUNTY My Commission tupiies Fsb. 16. 1987 ACKNOWLEDGMENT-Atlorney.in-Fact-Blank Co -Wolcolls Form 218CA-Rev 5-82 ;198? WOCCOTTS. INC On this 6th . day of December in the year 19 83, before me, the undersigned, a Notary Public in and for said State, personally appeared GENE A. KING personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of SURETY NATIONAL INSURANCE'S BOND CORP. and acknowledg3d to me that _he subscribed the name of GENE A. KING thereto as principal, and his own name as Attorney-in-Fact. WITNESS my hand and official seal. Notary Public in and for said State. SURETY NATIONAL I^IS. & BOND CORP. P.O. Box 2463 • Orange. CA92669 • (714)999-7205 BID OR PROPOSAL BOND * 24672 KNOW ALL MEN BY THESE PRESENTS, that we BAKER CONSTRUCTION as Principal, hereinafter called the Principal, and SURETY NATIONAL INS. & BCm CORP. ! a corporation duly organized under the laws of the State of CALIF. & NEVADA as Surety, hereinafter called the Surety, are held and firmly bound unto THE CITY OF CAELSBAD as Obligee, hereinafter called the Obligee, in the sum of BID POND 10% Dollars ($ 10% ) for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for COSTAL STORM. DRAIN NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of December 19 83 BAKER CONSTRUCTION Robert Baker/Owner SURETY NATIONAL INS. & BOND CORP. By SURETY NATIONAL INS. & BOND CORP. P.O. BOX 2463 • Orange, CA 92669 • (714) 999-7205 SECRETARY CERTIFICATE I, Robert C. Lusk, certify that I am Secretary of the Surety National Insurance & Bond Corporation and that the below is an accurate record of the extracted minutes of the special meeting of the Board of Directors of the corporation held on January 4, 1982. RESOLVED: that in order to facilitate proper business and facilitate delivery of certain documents, that Gene A. King is hereby appointed to the post of Limited Attorned in Fact to act for the corporation in signing of certain bonds as may be requested from time to time by the authorized officer or persons of the corporation. This power shall be limited and approved on a time to time basis and shall remain in full effect until revoked by the Board of Directors. I J „Robert C. Lusk, Secretary Page 8 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her 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 applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following infor- mation is required for each subcontractor. Additional pages can be attached, if reauired: Full Complete Items of Company Address Phone No. Work Name w/Zip Code w/Area Code Page 9 DESIGNATION OF SUBCONTRACTORS - continued 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 Carlsbad Amount Contracting Business of Full Company Name _ License & No. License No.* Bid ( $ or %) *Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. Bidder1 s Company Name (Notarize or Corporate Seal) ^ £ 6 <j ± ^eya/JS Bidder's Complete Address Authorized Signature Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. See Financial Statement Attached & Signature (Notarize or Corporate Seal) STATE Of COUMTVOf CALIFORNIA NOTARIAL ACKNOWLEDGEMENT ill 0*zo BAKER Off WM. SIM. MM P. StltWttt Notary Public • Citifomia ORANGC COUNTY My Commission Eipires Feb. 16. 198? 3lU S*oo — Ul1*ZO— zxu „„.„ CALIFORNIA NOTARIAL ACKNOWLEDGEMENT -. ... on+-h .hi in* »•* tt b»ten mt p»non»ttr cornet) ROBERT L. BAKER to b* tttt p«f»on<i) wfioW^*} 0Mcrib«d K> »n<J «rho n«cutw51 •lKUt*tf I'M MTM. OfFlC«U.S«l MNAP.SmUWY Notw) Public • Cafiforaii•couim »«xJ Notary Public My Commission Expires Feb. 16.1987 $ Page 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY 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 if notarized or sealed. City of Carlsbad, California, Storm Drain #1129 (619) k3Q-5$29 Desert Water Agency, Palm Springs, Calif., Booster Pumping Station (619) 323-U971 Costa Mesa Sanitary Dist., Calif., Sewer Lift Station (7ll|) 631-7131 Department of Navy, Naval Weapons Station, Fallbrook Annex, Replace Fire Hydrants & Valves. (6l?) 725-3136 Signature (Notarize or Corporate Seal) Ml*2IsS Ml STATE Of CALIFORNIA NOTARIAL ACKNOWLEDGEMENT COUNTY OF.ORANGE 30th December **.,»»it_83 tote •**pwwnycom*,) ROBERT L. BAKER known tnt known to n* 1C b* th* p»rM>n<tj who M} (»•) tfckcrtb^ to *n0 who •««eul«0 the hx»9O(f»e DuttufMnl MocvM «n» Mmo. ANNA r. mam Notarji Public • Catiformi My Commission £»ptr«$ fe». IS, 198? < > Notaryry P^Mtc Page 12 CONTRACT THIS AGREEMENT, made and entered into this ,?3 day of r^^^j^. 19_£j4_, by and between the City of Carlsbad, California, h^einafteii designated as "CITY", party of the first part, and /C/y^^/^T Z . 3A#£/t _ hereinafter designated as "CONTRACTOR", party of the second part . WITNESSETH: 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 City, the Contractor agrees with the City to furnish all materials and labor for: COASTAL STORM DRAIN - CONTRACT NO.3158 and to perform and complete in a good skillful manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (except such materials, if any, as in the said specifications are stipulated to be furnished by City), and to do everything required by this agreement and the said plans and specifications. For furnishing all said materials and labor, tools and equipment, 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 unfore- seen difficulties which may arise or be encountered in the prose- cution 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 of discon- tinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully com- pleting the work and the whole thereof, in the manner shown and de- scribed 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. The City hereby promises and agrees with said Contractor to employ, and does hereby employ 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 in accordance with the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. Page 13 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and speci- fications, are hereby incorporated in and made a 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 worker needed to execute the con- tract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. 6. The Contractor shall assume the defense of 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 the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howso- ever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of respon- sibility for negligence. 7. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by the Contractor. 8. The Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Con- tractor has no workers' compensation insurance policy covering the subject matter of this contract, then Contractor shall either: 1. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or 2. Shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and descrip- tion which would otherwise be covered by such workers' compen- sation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned in Paragraphs 7 and 8 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof may be settled by arbitration in accordance with the construction industry rules of Page 14 the American Arbitration Association and judgement upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 11. The prime contractor shall maintain and make available to the City of Carlsbad, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the contractor does not maintain the records at his/her principal place of business as specified below, he/she shall so inform the City of Carlsbad by certified letter accompanying the return of this con- tract. The contractor shall notify the City by certified mail of any change of address of such records. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Baker Construction Contractor (Seal) obert L. Baker, Owner Owner Title APPROVED AS TO FORM: ^Assistant City Attorney Title 508 N. Spring St. Suite A Lake Elsinore, California 71k-67li-666l Contractor's Principal Place of Business CITY OF CARLSBAD, CAL^FORNI^ ^nBy /I Mayor ATTEST: City Clerk / /ft. <«*»»> Page The undersigned is aware of the provisions of Section 3700 of the Labor Code which require 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. The undersigned is aware of the provisions of the State of California 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. (714) 677-6633 /^^T A Phone Number Bidder's Name Date Authorised Signature BAKER Of)?:'S?F;!jCT'ON Authorized Signature MURR!E1VCCA&2362~' Bidders Address Ty_p£_._o_£J)rganization (Tfndividual^Corporation, Fartnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) STATE OF CALIFORM\fCOUNTY OF Riverside JSS. On January 11, _1984_.before me, the undersigned, a Notary Public in and for said State, personally appeared Robert Baker personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/ihsv executed the same. WITNESS my hand and official seal. Signature P, Liane R. Renner OFFICIAL SEAL LIANE R. RENNER NOTARY PUBLIC CALIFORNIA PWNOPAlOfHCeiN RIVERSIDE COUNTY My Commission Exp. Apr. (, 1986 (This area for official notarial seal) STATE Of CALIFORNIA COUNTY OF 0*m.. 30th to ir» ORANGE NOTARIAL ACKNOWLEDGEMENT .«.,„ December .^^ it-Sl^.^,.,,,^. to m* tt b« th* p»f»on<»! vKe pt| (•>•) tfncrltetf to •«« vhe .•acewtttf lh« Mm*. ROBERT L OfflCMLSEM. MHU P. SflUIMY Notary Public - Californu ORMK5ICOUHTT My Commission Expires Feb. 16. 1987 < > Notary Page 15 LABOR AND MATERIAL BOND # 24672 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 7395 adopted November 1, 1983 has awarded to BAKER CONSTRUCTION , hereinafter designated as the "Principal", a contract for: COASTAL STORM DRAIN - CONTRACT NO. 3158 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 terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of tlfce 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 extertt hereinafter set forth: NOW, THEREFORE, WE BAKER CONSTRUCTION as Principal, hereinafter designated as Contractor,and SURETY NATIONAL INS. & BOND CORP. as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Nine Thousand Six Hundred Minty Five and 00/100 Dollars ($ 39,695.00 ) ' said sum beingfifty per cent(50%)o~fthe 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/ her subcontractors 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 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, 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. Page 16 This bond shall inure to the benefit of any and all persons, com- panies 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 by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 30th day °f December , 19 83 • Baker Construction Robert L. Baker, Owner~~ ~ ~ Seal for each Signer) (Notarize or Corporate ~~7/ / ~2L / ~/7 Jt7 ./L^l -?~~ ,/S d Contractor SURETY NATIONAL INS. & BOND CORP. Gene A. King, Attorney Surety 5$zo u STATE OF ORANGE M Or. lh.»__3flth d«y olJdeCeOher «« the y«»..19 83- .beto-e me pc>ion*lly comem ROBERT L. BAKER to me known tne known to me to be the per»on<u who «sl (»re| described in «nd who oeculetf the lofegomg .nsiiumenl th»l he »••••»•»»••«>»»••••••»•>•• MHMP. Notify Public • California OUNCE COUNTY My Commission Expires Feb. 16, 1987 < > Notary STATE OF CALIFORNIA COUNTY OF OPANGE OfflCMlSEM. MUM f, STtUIMI Notary Public • Californi* OftANGtCOtftn Commiwo* ExpiftJ frt. 16. 198? ' > >ss. On this .30th day of December , in the year 19 83 , before me, the undersigned, a Notary Public in and for said State, personally appeared GENE A. KING , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of SURETY NATIONAL INS13EANCE & BOND CORP. and acknowledged to me that _he subscribed the name of GENE A. KING thereto as principal, and his own name as Attorney-in-Fact. WITNESS my hand and official seal. ACKNOWLEOGMENT-Altorney-in-Fact-Blank Co.-Wolcotts Form 218CA-Rev. 5-82 ©1982 WOLCOTTS, INC. Notary Public in and for said State SURETY NATIONAL INS. & BOND CORP. P.O. Box 2463 • Orange. CA 92669 • (714) 999-7205 SECRETARY CERTIFICATE I, Robert C. Lusk, certify that I am Secretary of the Surety National Insurance & Bond Corporation and that the below is an accurate record of the extracted minutes of the special meeting of the Board of Directors of the corporation held on January 4, 1982. RESOLVED: that in order to facilitate proper business and facilitate delivery of certain documents, that Gene A. King is hereby appointed to the post of Limited Attorned in Fact to act for the corporation in signing of certain bonds as may be requested from time to time by the authorized officer or persons of the corporation. This power shall be limited and approved on a time to time basis and shall remain in full effect until revoked by the Board of Directors. itt-tc -LJt Robert C. Lusk, 'Secreta:"Secretary I, the undersigned, Secretary of SURETY NATIONAL INS. & BOND CORP., a California and Nevada Corporation, DO HEREBY CERTIFY that the foregoing remains in full force and has not been revoked. The authority of GENE A. KING for signing bonds on behalf of SURETY NATIONAL INS. & BOND CORP. is $5,000,000.00 c. . . c , . .. . .,.. . , n . 100.Signed and Sealed this 13th day of December, 1983. OFFICIAL SEAL HAROLD R.CGDEN Notary Public • Caiitomit ORANGE COUNTY My Commiision Expire* Nov. 22.19C6 \RoberfC. Lusk, Secretary STATE OF CALIFORNIA / COUNTY OF ORANGE On this 13th day of December, 1983, before me, the undersigned, a Notary Public 1n and for said State, personally appeared ROBERT C. LUSK, personally known to me to be the Secretary of SURETY NATIONAL INS. & BOND CORP. and that he signed his name above. N6t'ary Page 17 PERFORMANCE BOND # 24672 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of Cali- fornia, by Resolution No. 7395 adopted November 1, 1983 > has awarded to BAKER CONSTRUCTION , hereinafter'designated asthe "Principal",a contractfor: COASTAL STORM DRAIN - CONTRACT NO.3158 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 con- tract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, BAKER CONSTRUCTION > as Principal, hereinafter designated as the "Contractor", and SURETY NATIONAL INS. & HIP CORP. as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Seventy Nine Thousand Three Hundred Ninty and 00/]Ii!)Qllars ($79,390.00 ), said sum being equal to 100 per cent (100%) 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 OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her 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/her or 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 and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 18 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 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. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 30thday of December , 19 83 . ' BakerConstruction Robert L. Raker, Owner (Notarize or Corporate Seal for Each Signer) juJr Q Contractor SURETY NATIONAL INS. & BOND CORP. /£. -^^—__^ Gene A. King, Attorney In Fact Surety STATE OF CALIFORNIA COUNTY OF ORANGE fuWc • California OMNM COUNTY £«ptt« fcj>. 16. 1987 On this 30th _, in the year 19.83 before me, the undersigned, a Notary Public in and for said State, personally appeared GENE A. KING personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of SURETY NATIONAL INSURANCE & BOND CORP. and acknowledged to me that he subscribed the name of. thereto as principal, and his WITNESS my hand and official seal. GENE A. KING . own name as Attorney-in-Fact. ACKNOWlEDGMENT-Attorney-in-Fact-Blank Co.-Wolcotts Form 218CA-Rev 5-82 ©1982 WOLCOTTS, INC. 'JUi*eL^* Notary Public in and for said S/ate. STATE OF CALIFORNIA.NOTARIAL ACKNOWLEDGEMENT COUHTfOf.ORANGE OnIM. 3Dtih to m* known 4*y -I TVaoCTnl-*ar tn ttw yMf 1« 83 to mi M b« <ta p*rton<») wt<o p») t»tt) «**crtb*d to *nd who •i*cut«« tt* »ot«ftOtnfl hwltutiwnt ^»^.f ROBERT L. BAKER omcutLsai 1 MN« P. STIUKKW Notary Public - Catitorma ORMIGE COUNTt My CommiKion Eipires Feb. 16. 1987 >»»»»••»»*»••»>•>•»» SURETY NATIONAL INS. & BOND CORP. P.O. Box 2463 • Orange. CA 92669 • (714) 999-7205 SECRETARY CERTIFICATE I, Robert C. Lusk, certify that I am Secretary of the Surety National Insurance & Bond Corporation and that the below is an accurate record of the extracted minutes of the special meeting of the Board of Directors of the corporation held on January 4, 1982. RESOLVED: that in order to facilitate proper business and facilitate delivery of certain documents, that Gene A. King is hereby appointed to the post of Limited Attorned in Fact to act for the corporation in signing of certain bonds as may be requested from time to time by the authorized officer or persons of the corporation. This power shall be limited and approved on a time to time basis and shall remain in full effect until revoked by the Board of Directors. >bert C. Lusk, Secretary I, the undersigned, Secretary of SURETY NATIONAL INS. & BOND CORP., a California and Nevada Corporation, DO HEREBY CERTIFY that the foregoing remains in full force and has not been revoked. The authority of GENE A. KING for signing bonds on behalf of SURETY NATIONAL INS. & BOND CORP. is $5,000,000.00 _. . . c . . ... ._. . f n . 1000Signed and Sealed this 13th day of December, 1983. OFFICIAL SEAL HAROLD R.GQDEN Notary PuWc • CaltomU ORANGE COUNTY My CommMon Expires Nov. 22.1906 Robert C. Lusk, Sec'retary STATE OF CALIFORNIA / COUNTY OF ORANGE On this 13th day of December, 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT C. LUSK, personally known to me to be the Secretary of SURETY NATIONAL INS. & BOND CORP. and that he signed his name above. N6tary Page 19 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construe t ion hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. ' The Construction Plans consist of 5 sheet(s) designated as City of Carlsbad Drawing No. 233-8 The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations neces- sary to complete the project work as shown -on the project plans and as specified in the specifications. 3 . DEFINITIONS AND INTENT a) E ng ineer: The word "Engineer" shall mean the City Engineer or his approved representative. b) Reference to Drawings: 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 accom- panying these provisions unless stated otherwise. Page 20 c) D irect ions : 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. d) 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. e) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all oper- ations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indi- cated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and trans- port at ion. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE ' A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruc- tion conference. Page 21 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 kO consecutive calendar days from the date of receipt o~f said ^Notice to Proceed." 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 this nonconforraing work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials dis- covered during the guarantee period shall be repaired or re- placed by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, in- cluding two copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES 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 Ordi- nance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construc- tion Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish in- spectors 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 re- lieve Contractor from any obligation to fulfill this contract. Page 22 11. 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 the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly in- serted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The 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 comple- tion of the work, shall be provided at the Contractor's ex- pense to fulfill the intent of said documents. In all instances throughout 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 her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13 . SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indi- cated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, Page 23 apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation. 14. 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 draw- ings 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 on comple- tion of the work. 15 . PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other re- quired licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergen- cies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent exten- s ion of t itne . Page 24 17 SAFETY & 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 times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. WATER FOR CONSTRUCTION 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 re- quirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate pay- ment will be made. 19. SURVEYING Surveying service for this project shall be performed by the Contractor. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Con- tractor shall include cost of surveying service within appro- priate items of proposal. No separate payment will be made. Page 25 20. Street Closures, Detours, Barricades The Contractor shall not close any street within the City of Carlsbad without first obtaining the approval of the City Engineer. Barricading, traffic control, and detour diagrams shall be submitted by the Contractor as required by the City Engineer. The Contractor's attention is directed to the traffic control requirements of the Special Provisions. The Contractor shall provide and install barricades, delineator warning devices, and construction signs in accordance with the Model Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions, additional traffic devices shall be placed as directed by the City Engineer. All traffic signs and devices shall conform to the current State of California, Department of Transportation, "Manual of Warning Signs, Lights, and Devices for use in Performance of Work upon Highways", unless otherwise approved by the City Engineer. The Contractor shall provide and maintain 48 inch high reflectorized cones at 20 feet on center with ribbon along walkways of high pedestrian use, so designated by the Engineer. During paving operations barricades may be supplemented with minimum size 18 inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than 25 feet. At all access points such as intersecting streets, alleys, and driveways, barricades and/or cones shall be provided at 5 foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided at the nearest prior intersection. "No Left Turn" signs shall be provided wherever required by the City Engineer. When oneway access from a side street or alley is permitted, barricades and cones shall be provided at 5 foot intervals for a distance of 50 feet on either side of the centerline of the intersecting street or alley. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City Engineer will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: Page 26 a) For placing barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. b) For flashers - $2.50 per flasher for the first day or any part thereof and $1.00 per flasher per day for each day thereafter or any part thereof. c) For traffic cones - $1.00 per cone for each day or any part thereof. ' d) In the event that the services of the City are required between the hours of 6:00 PM and 7:00 AM, during the normal week or at any time on Saturday, Sunday, or a City holiday, there shall be an additional charge to the above set forth minimums of $25.00 for each service trip required. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve, and maintain the visi- bility of all existing signs within the project limits which affect the flow of traffic, as directed by the City Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the City Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions, and other regulatory signs. 21. Items of Work All work including labor, material and equipment called out on the plans and not specifically referred to as an item at work shall be included in the various items of work. Removal and replacement of existing improvements shall include those im- provements removed and replaced during the completion of this contract. These items include but are not limited to replacement of curb and gutter; resurfacing pavement; replacement of walls, fences, and gates; and earth- work including import of fill and compaction of fill on slopes. Page 27 SPECIAL PROVISIONS 1. Trenching and Backfill All trenching shall conform to the requirements of Section 300 of the SSPWC and to these Special Provisions. The Con- tractor shall obtain a right-of-way permit from the City Engineering Department prior to any construction within the City right-of-way. Where trenches cross pavement sections, the Contractor shall saw cut along a straight line as nearly parallel to the center line of the storm drain as possible to allow for clean join lines. Backfill shall be compacted to 90% of maximum dry density as determined by ASTM Test Method No. D1 5 5 7 --i-frT: <z^s>/££:^7~ The cost for the trenching and backfill, including the pave- ment saw cutting, removal and disposal, shall be considered included in the unit prices paid for the storm drain pipe, and no additional payment will be made therefor. 2. Trench Resurfacing Trench resurfacing shall conform to the requirements of Section 306 of the SSPWC and to these Special Provisions. Resurfacing of roadways or other A.C. pavement shall be S" A.C. on 6" A.B. unless other wise indicated. Aggregate base material shall be Class IT. and conform to the requirements of Sections 301-7 of the SSPWC. Asphalt concrete shall be Type I-B-AR-4000 and shall conform to the requirements of Sections 203 and 302 of the SSPWC. Payment for the resurfacing, including the cost of the asphalt concrete and aggregate base, shall be considered in- cluded in the cost of the variro'us items of work, and no additional payment will be made therefor. Page 28 Concrete Pipe The work shall conform to the requirements of Sections 207 and 306 of the SSPWC and to these Special Provisions. The reinforced concrete pipe shall have a minimum loading classification of 1350-D. Asbestos cement pipe shall have a minimum loading classification of 2000-D (Class IV). The unit price paid for each lineal foot of storm drain pipe shall include all materials, labor and equipment necessary to install the pipe complete and in place as shown on the plans and as specified in these Special Provisions, includ- ing the saw cutting, trenching, excavation, backfilling and resurfacing, and grading. Concrete Inlets, Cut.- Off Walls, Cleanouts and Stairways The work shall conform to the requirements of Section 303.1 of the SSPWC and to these Special Provisions. The bid price paid for these items shall include all the materials, equipment, excavation, labor and operations necessary to construct catch basin and local depression complete and in place as shown on the plans and as specified in these Special Provisions, and no additional payment will be made therefor. Utilities Handling of the utilities shall conform to the requirements of Section 5 of the SSPWC. It shall be the Contractor's responsibility to determine the exact location of all utilities and their service connections The Contractor shall notify the utility companies at least 48 hours in advance of excavating around their facilities. Relocation of utilities, grading and overlaying of street, construction of A.C. berm removal and disposal, shall be in- cluded in the unit prices paid for the storm drain pipe and no additional payment will be made thereafter. Page 29 7. Cleanup Upon completion of construction and before final acceptance the Contractor shall remove all rubbish, trash and debris from the site resulting from the operation. The site shall be left in a neat and clean condition acceptable to the Engineer. 8. Dust Control The Contractor shall furnish a water supply vehicle on the iob site. The Contractor shall apply water in the amounts and at intervals as directed by the Engineer. The water supply vehicle and an operator shall be available upon a reasonable notice as determined by the Engineer for after- hour, weekend, or holiday dust control work. If the Contractor is not available for dust control measures, the City will arrange for the work to be performed by others and will deduct all equipment, labor, and material costs thereof from the contract amount. The Contractor shall place a 1" thick temporary pavement over storm drain trenches within intersections as soon as they are backfilled to prevent dust from cross traffic. The Contractor shall furnish a street sweeper vehicle on the job site and shall sweep areas as directed by the Engineer. All costs involved for dust control including supplying and operating water supplv vehicles, street sweepers, furnishing and placing temporary pavement shall be absorbed in other items of work. ROBERT L. BAKER DBA: BAKER CONSTRUCTION ..COMPANY NOTES TO FINANCIAL STATEMENTS JUNE 30, 1983 1. Robert L. Baker, DBA: Baker Construction Company is a sole proprietorship. Mr. Baker has a California Contractors License #289456. 2. Summary of significant accounting policies: t Accounting Method: The records are maintained on a cash basis. The statements have been prepared by the accrual method of accounting. The cash basis method is utilized for income tax reporting purposes. Federal Income Taxes: The proprietorship itself is not a tax paying entity for purposes of Federal and State income taxes. Federal and State income taxes of the proprietor are computed on his total income from all sources; accordingly, no provision for income taxes is made in these statements. Depreciation Method: For financial statement purposes, state depreciation is being used. 3. Construction contracts receivable consist of two contracts completed in June, 1983. Management believes that the receivables are fully collectible. 4. Truck and construction equipment schedule. 1970 International Boom Truck with crane - acquired 6-30-83 $ 18,400 Accumulated depreciation -0- $ 18,400 Mr. Baker uses a 1979 Toyota pick-up truck and a Case tractor, Model //350, in his business. For book purposes, these assets are fully depreciated and their value has not been reflected in these financial statements. 5. Mr. Baker holds a judgement against Thomas Lenahan, DBA: T & D Pipeline Company. The judgement was recorded August 11, 1980, the principal amount of the judgement was $20,585 with accrued interest and costs at that time of $3,621. Mr. Baker has indicated that additional accrued interest since August 11, 1980 is $7,357. 6. Proprietors'capital at December 31, 1982 consisted of the following: Cash in Bank , $ 1 619 Judgement receivable (Note 5) 29 958 Total ' $ 31 577 Page 4 of 4 ROBERT L. BAKER DBA: BAKER CONSTRUCTION COMPANY BALANCE SHEET JUNE 30, 1983 (See Accountant's Review Report and Notes) EXHIBIT A ASSETS Current Assets: Cash in bank Construction contracts receivable (Note 3) Total Current Assets Fixed Assets: Truck and construction equipment (Note 4) Other Assets: Judgement receivable (Note 5) Total Assets $ 14 141 61 365 $ 75 506 18 400 31 563 $ 125 469 LIABILITIES AND PROPRIETORS' CAPITAL Current Liabilities: Accounts payable ;? 34 / / Payroll taxes payable Total Current Liabilities Total Liabilities Proprietors' Capital: Proprietors' capital at December 31, 1982 (Note 6) $ 31 577 Net capital contributed January 1, 1983 through June 30, 1983 Net income from operation for the six months ended June 30, 1983 (Exhibit B) Total Proprietors' Capital Total Liabilities and Proprietors'.. Capital 12 239 43 338 $ 38 315 38 315 87 154 $ 125 469 Page 2 of 4 ROBERT L BAKER - EXHIBIT B_ DBA: BAKER CONSTRUCTION COMPANY STATEMENT OF INCOME FOR THE SIX MONTHS ENDED JUNE 30, 1983 (See Accountant's Review Report and Notes) Revenue: Construction contracts $ 296 873 . Cost of Sales: Direct labor $ 33 426 Pipe 64 245 Concrete, rock, sand 17 912 Steel 3 416 Equipment rent 18 721 Sub-contracts 65 763 Supplies & other 27 526 231 009 Gross Profit $ 65 864 Operating Expenses: Telephone $ 813 Utilities 256 Legal and accounting 1 666 Insurance 2 082 Auto and truck 1 939 Interest 1 855 Subscriptions 432 Licenses and permits 1 789 Equipment maintenance and repair 4 470 Engineering and testing 735 Payroll taxes 3 543 Workers compensation insurance 2 946 22 526 Net Income From Operations $ 43 338 Page 3 of 4