HomeMy WebLinkAboutCalifornia Pavement Maintenance Co; 1987-09-03; U/M 15CITY OF CARLSBAO
San Diego County
California
CONTRACT DOCUMEMTS
for
1986-87 SLURRY SEAL PROGRAM
CONTRA
.
TABLE OF CONTENTS
ITEM PACE -
NOTICE INVITING BIDS
PROPOSAL
BIDDER ' S BOND TO ACCOMPANY PROPOSAL
DESIGNATION OF SUBCONTRACTORS
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE
CONTRACT - PUBLIC WORKS
CONTRACTOR'S CERTIFICATION OF AWARENESS OF
WORKER'S COMPENSATION RESPONSIBILITY
CONTRACTOR'S CERTIFICATION OF AWARENESS OF
IMMIGRATION REFORM AND CONTROL ACT OF 1986
LABOR AND MATERIALS BOND
PERFORMANCE BOND
CONTRACTOR'S CERTIFICATION OF COMPLIANCE
GENEARL PROVISIONS
SPECIAL PROVISIONS/SPECIFICATIONS
NOTIFICATION LETTER
STREET LISTING
MAPS OF AREA
1
3
7
8
10
11
12
17
17
18
20
22
23
29
38
39
44
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids will be received at the Office of the Purchasing
Officer, City Hall, 1200 Elm Avenue, Carlsbad, California, until
4:OO PM on the 20th day of 3uly, 1987, at which time they will be
apened and read for performing the work as follows:
1986-87 SLURRY SEAL PROGRAM
CONTRACT NO. U/M-15
The work shall be performed in strict conformity with the
specifications therefor as approved by the City Council of the
City of Carlsbad on file with the City Clerk. Reference is
hereby made to the specifications for full particulars and
description of the work.
No bid will be received unless it is made on a proposal form
furnished by the Purchasing Department. Each bid must be
accompanied by security in a form and amount required by. law.
The bidders' security of the second and third next lowest
responsive bidders may be withheld until the Contract has been
fully executed. The securitv submitted by all other unsuccessful
bidders shall be returned to them, or deemed void within ten
(10) days after the Contract is awarded. Pursuant to the
provisions of law (Public Contracts Code Section 20170),
appropriate securities may be substituted for any money deposited
with the City to secure any obligation required by this notice.
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 $201,638.00 Work is anticipated to take place during
September and October, 1987, and take approximately three (3)
weeks to complete.
No bid shall be accepted from a Contractor who has not been
licensed in accordance with the provisions of State law. The
Contractor shall state his or her license number and
classification in the proposal.
-2-
Sets of plans, special provisions, and Contract documents may be
obtained at the Purchasing Department, City Hall, Carlsbad,
California, for a nonrefundable fee of $7.50 per set.
The City of Carlsbad reserves the right to reject any or all bids
and to waive any minor irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of
worker needed to execute the Contract shall be those as
determined by the Director of Tndustrial 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 prevailinq
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.
The provisions of Part 7, Chapter 1, of the California Labor Code
commencing with Section 1720 shall apply to the Contract for
work.
be held A prebid meeting
on 3uly 13, 1987 at 9:OO AM at the Utilities and Maintenance
Administration Conference Room, 2075 Las Palmas Drive, Carlsbad.
will
Project sites should be toured by potential bidders prior to
prebid meeting.
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.
Bonds to secure faithful performance of the work and payment of
laborers and materials suppliers each in an amount equal to one
hundred percent and fifty percent, respectively, of the Contract
price will be required for work on this project.
The contractor shall be required to maintain insurance as
specified in the contract. Any additional cost of said insurance
shall be included in the bid price.
Approved by the City Council of the City of Carlsbad, California,
by Resolution No. Cll33 , adopted on the 23rA day of
JUhG 9 1987
-3-
CITY OF CARLSBAD
CONTRACT NO. U/M-15
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. U/M-15 in
accordance with the Plans and Specifications of the City of
Carlsbad, and the qpecial Provisions and that he/she will take in
full payment therefor the following unit prices for each item
complete, to wit:
Item Description with Approximate
Item Unit Price or Lump Sum Quantity Unit
No. Price Written in Words & Unit Price TOTAL
Slurry Seal mixture,
complete in place at No Dollars
& fi~e %,ME 6.u C e n t s
per square foot. 5,040,937 Sq. Ft. 0,0434 2/$776*67
- 4-
w'th Approximate
Item Unit Price or Lump Sum Quantity Unit - No. Price Written in Words & Unit Price TOTAL
Total amount of bid in numbers: $ 2/9'776.67
Addendum (a) "o(s) has /have been
received and is/are included in this proposal.
il ,
-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 makinq 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
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 or the registration of Contractors! License
(7 -/I-- "13" Lcb ~Zfi.. /kL
Identification ?# @ 2743L/c25 . q-/< -77 - q5Y--m3 7
The Undersigned bidder hereby represents as follows: Y'i
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 /& 6 /e 'S (Cash, Certified Check, B%d, or Cashier's Check)
13R/ A
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the
Labor Code which reauire every employer to be insured dadinst
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 prevailinq rate of wages for each craft or type of
worker needed to execute the Contract and aarees to comply with
its provisions.
CGL/'GO RN 1'4 QBL)E/L, %dT
I - 8033 MAIU 7-&/U&W GE COM mdder's Ela (PIC) 38 Phode Number
lo r iTed fS ion at u re
C,ROMF,NO. Gfi. ~51 9 CORPO Ranw Type of Organization d
Bidder's Address (Individual, Corporation, or
Partnership)
List below names of President, Secretary, Treasurer, and Manager,
if a corporation: and names of all partners, if a partnership:
L. Rai/vER PUESI o E dr €&SI) RFd?
J 17 Ia>D SEG.
Iom \XIEsT Pl4.G L / fiAMaf
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS
NUST BE ATTACHED)
(CORPORATE SEAL)
STATE OF CALIFORNIA On this.. .... .25. th.. .... day of.. .. .July.. ...................... , in the year ............................. .1981.. ............................... ,before me, .......... .. .ElizabeLh. Airasa ............... ,a Notary Public, State ofCalifornia, COUNTYOF.Sacramento
NOTARY WBUC - CALIFORNIA SACRAMENTO COUNM
duly licensed and sworn, personally appeared ....................... .................. .Gordon. .L... . Raper.. .................................... ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as.. .President.. ......
or 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.
IN WITNESS WHEREOF I h nd and afixed
in this certificate.
my official seal in the.. ................ ............
I Thm donm."l ,I cdy a o.lwf.1 Imn rhd, My b. pDpsr tor "U In SIIwb . Sacramento.. .. DUW8ClbWX and 1(1 tW I.)) 8C!S 01 8s n.nd.6ulUZI .I 8 SUMMU(. br (h.
xhx d an anormy The plmu daa M nuhe any wananty bmwr express w mplad as IO h.
lepa ram ol any pwism w w sun- d mew lorms yI any rpsolr tmnwnm 1
July 19, 1989 Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation tC. C. Secs. 1190-1190.1) - (Rev. 1/83) My commission expires
STATE OF CALIFORNIA
COUNTY OF.Sact-amento .......... ss. On this.. ... .15th.. .... .day of.. ... .j,ly.. .............. :: .... ,in theyear ............................... 19.87 ................................. ,beforeme,
... .Elizab.et.h. Airoso.. ............. , a Notary Public, State ofCalifornia,
duly licensed and sworn, personally appeared .................................. .................. .Thomas. .I... We.s t.pha 1 .................................. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as Xire.-President.. .
or 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.
IN WITNESS WHEREOF I have-unto set my hand and afixed
my official seal in the ..............
... .Sacr.amen.to. .............. ...................
8dr~1 d UI 8hxney The pvln does no( nuke any wmanty snhm elpeu w mqr*d as u) h.
lepal vlhdlty ol 8ny provim w lhe sun.buty d (hew Imms m any rpsolr W-M
Cowdery's Form No. 28 - Acknowledgement to Notary Public -
~ Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) My commission expires
..
-7-
BIDDER'S BOND TO ACCOMPANY PROPOSAL
~ ~~
KNOW ALL PERSONS BY THESE PRESENTS:
we Y Y as That
Principal, and as Surety, are held and firmly bound unto the City of Carlsbad,
California, in an amount as follows: (must be at least ten
percent (10%) of the bid amount 1
for which payment will and truly made, we bind ourselves, our
heirs, executors and administrators, successors or assigns,
Jointly and severally, firmly by these payments.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the
proposal of the above-bounden principal for:
1986-87 SLURRY SEAL PROGRAM
CONTRACT NO. U/M-15
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 9 19
Corporate Seal (If Corporation)
Principal
Surety
BY
Title (Notarial acknowledgement of execution by all PRINCIPALS
(Attach acknowledgement of
Attorney in Fact)
and SURETY must be attached.)
.' . ,
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That We. CALIFORNIA PAVEMENT MAINTENANCE CO., INC. 9390 Eldcr Creek Road
Sacramento, CA 95829
(bc:c:na!ter called the principal). , as principal, and THE AMERICAN INSURANCE COMPANY. a corporation organized and doing
business under and by virtue of the laws 01 the State 01 New Jersey, and duly licensed for the purpose of making guaranteeing or
becoming sole surety upon bonds or undertakings required or authorized by the laws 01 the State of Gal i fot-nia
THE CITY OF CARLSBAD SAN DIEGO COUNTY as Surety. are held and lirrnly bound unto (hereiiialter called the Obligee)
Do, c1 rs ~ $1 O%~~~~~~<$~~~$~~~~<$~~ i$f$<$<l<$ 1 lawlul money 01 the United States 01 America, lor the payment of which, well and truly io be
made. we hereby bind ourselves and our and each 01 our successars and assigns, jointly and severally, lirrnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aloresaid, is about to hand
in and submit to Ihe obligee ti bid or proposal lor the 1986-87 SLURRY SEAL PROGRAM
CONTRACT NO. U/M-15
in accordance with the plans and specilications Iiled in the office 01 the obligee and under the notice inviting proposals therefor
f!OW. THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract lor such work be awarded to the principal
thcreupon by the said obligee, and said principal shall enter into a contract and bond lor the completion of said work as required
by low. lhen lhis obligation to be null and void, otherwise to be and remain in lull force and ellect
IIJ WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 15th
day of July I 19 87.
CALIF- VEMENT MAINTENANCE CO., INC. -
/ AI
360277- (TA) -1 I 66
THE AMERICAN INSURANCE COMPANY
Aliorney-in-Foci BY
Onthis 16 ..
COUNTY OF.
duly licensed and sworn, personally appeared.. ................................
to be the person who executed the within instrument as.. .Secretary.. ......
...................... Elizabeth.Airoso. ................................. ,
personally known to me (or proved to me on the basis of satisfactory evidence)
or 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.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
Ta c ramen Eo ....................
oficial se 1 in the ........................... , County of.. ..................
TMdoCwnt~wty a pemd lorm wh& my be popa la YY nvnp* . . , on the date set forth above in this certificate.
Notary Public, State o June-/, 1991
r-mr and n m way ads or 13 vund.d IO IC( u a 8rk.m~~. )a t*
r)ncs d n8normv Tlc pma does ml nuke any *.ny mllw~ewmsrn muloh.
Isp.lv.LdS of my pcnm a hr wnabhly d thu )ann n any apd~k8nudm
Cowdery's Form No. 28 - Acknowledgement to Notary Public -
Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) My commission expires '3
SI ,\TIC OF CI1LTI;ORNIA
COI'NTY OF Silr rnincti to
, in the year 1987 , before me Notary of Public, ilii tlii s day of July
pcr.s;otin I 1 y a ppen t-cd Joseph H. Weber , personally known to me
(01' proved tu iiie 011 the basis of satisfactory evidence) to be the person whose name
is subscribed to this insti-umcnt as the Attorney-in-Fact on behalf of the corporation
tlicrcin mined and ackirowlcdgcd to me that the corporation executed it.
15th
7 fi
1 Notary Public inland for said County
(;ENC:RAl. .Y)WFR OF .ATTO"EY
KNOY ALL MEN BY THESE PRESENTS: That THE AMERICAN iNSUKANCE COMPANY. a Corporation duly organized and existing under the
I?.iws,of the Stiite of New Jersey. and having its principal office in the City and County of San Francisco. Californiii. has made. constituted and iippointed. and does hy these presents make. constitute and appoint
THE AMERICAN INSURANCE COMPANY
----- JOSEPH H. WEBER-----
its true and lawful Attorneytsb-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. xknowledge and deliver any iind ;ill bonds. undertakings. recognizances or other written obligations in the nature thereof ------- ....................
and ti) bind the Corporation thereby as fully and to the same extent as if such hmds were signed by the President. sealed with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power C,I iittorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now in full
force and effect.
"Article VIII. Appointmcnf and Authority of Resident Assistant Secrefarks. and Attorney-in-Facf and Agents to accept Legal PJWIXSS and ,Make Appearances.
Section 30. Appointment. The Chairman of the Board of Directors, the President. any Vice-President or any other person authorized by the Bwrd of Directors, the Chairman of the Board of Directors, the President or any Vice-President. may, from time lo time. appoint Resident kcistant Secretaries and Attorneys-in-Fact to represent and act for and on hehalf of the Corporation and Agents to accept legal process and make appearances lor and on behalf of the Corporation.
Sectlon 31. Aurhrity. The Authority of such Resident Assistant Secretaries. Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and a11 authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amended or repealed:
"RESOLVED. that the signature of any Vice-President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and any power of attorney. any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall he valid and hinding upon the Corporation."
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presents to he signed by its Vice-President.
and its corporate seal IO he hereunto affixed this - 2nd day of May .l983.
THE AMERICAN INSURANCE COMPANY
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
2nd May , 19-. 83 before me personally came Richard Wi I1 iams On t his- day of to me known. who. being by me duly sworn. did depose and say: that he is Vice-Presiden! of THE AMERICAN INSURANCE COMPANY. the Corporation described in and which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first above written.
STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
} SS.
I. the undersigned. Resident Assistant Secretar of THE AMERICAN INS,URANCE COMPANY. a NEW JERSEY Corporation. DO HEREBY
CERTIFY that the foregoing and attached POW& OF ATTORNEY remains in full forceand has not been !evoked: and furthermore that Article VIII. Sections 30iind 31 of the By-lawsof the Corporation. and the Resolution of the Board of Dtrectors: set forth in the Power of Attorney. are now in force.
15th July .I9- 87 Signed and sealed at the City and County of San Francisco. Dated the -day of
-8-
DESIGNATION OF SUBCONTRACTORS
The Undersigned certifies hefshe has used the subbids of the
following listed Contractors in making up hisfher bid and that
the subcontractors listed will be used for the work for which
they bid, subject to the approval of the Director of Utilities
and Maintenance, and in accordance with applicable provisions of
the specifications. No changes may be made in these subcontractors except upon the prior approval of the Director of
and Maintenance. The following information is required Utilities for each
required:
Items of
Work
A=c----
subcontractor. Additional pages can be
Full Company
Name
Complete Address
wIZiD Code
attached, if
Phone No.
wfArea Code
-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 %)
+Li ce ns es are renewable annually. If no valid license,
indicate "NONE". Valid license must be obtained prior to
submission of signed Contracts. -PAVEMEW
._ -coMpAM:m
(Notarize or
Corporate Seal)
Bidder 's Company Name
9390 ELDER CREEK RD.
Authorized Signature
- 10 -
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
(Notarize or Corporate Seal)
- 11 -
I
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
I
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 bidder's responsibility, experience and
skill. An attachment can be used, if notarized or sealed.
I Date I /Name and Phone1 I I Icontract IName and AddresslNo. of Person I Type of [Amount of I
ICompletedlof the Employer lto Contact I Work Icontract I I I I I I I I I I I I I I I I I I I I I
I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I 1 I I I I I I I I I I I I I I I
(Notarize or
Corporate Seal)
- 12 -
CONTRACT - PUBLIC WORKS
This agreement is made this & day of
1987, by and between the City of Carlsbad, C
municipal corporation, (hereinafter called Ifcity"), and
California Paveinent Yaintnance CC.
whose principal place of business is 9.390 Elder Creek
Xoad, Sacramento, CA 95929
(hereinafter called "Contractor". )
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents for: 1986-87 Slurry Seal
Program, Contract No. U/M-15 (hereinafter called "project").
2. Provisions of Labor and Materials. Contractor shall provide
all labor, materials, tools, equipment, and personnel to
perform the work specified by the Contract documents.
3. Contract Documents. The Contract documents consist of this
Contract: the bid documents, including the ''otice to Bidders,
Instructions to Bidders' and Contractors' Proposals; the
Plans and Specifications, the Special Provisions and all
proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this
reference.
The Contractor, herlhis subcontractors, and materials
suppliers shall provide and install the work as indicated,
specified, and implied by the Contract documents. Any items
of work not indicated or specified, but which are essential
to the completion of the work, shall be provided at the
Contractor's expense to fulfill the intent of said documents.
In all instances 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 herlhim of
the responsibility of compliance.
4. Pa ment As full compensation for Contractor's performance under this Contract, City shall make payment to the hi
Contractor per Section 9-3.2 of the current edition
Public Works Construction. The closure date for each monthly
invoice will be the 30th of each month.
of the Standard Specifications for
- 13 -
Invoices from the contractor shall be submitted according to
the required City format to the City's assigned project
manager no later than the 5th day of each month. Payments
will be delayed if invoices are received after the 5th of
each month.
5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions
at the jobsite, and all other conditions that might affect
the progress of the work, and is aware of those conditions.
The Contract price includes payment for all work that may be
done by Contractor, whether anticipated or not, in order to
overcome underground conditions. Any information that may
have been furnished to Contractor bv ^ity about underground
conditions or other job conditions is for Contractor's
convenience only and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied
with all job conditions, including underground conditions and
has not relied on information furnished by City.
6. Contractor Responsible for Unforeseen Conditions. Contractor
shall be responsible for all loss or damage arising out of
the nature of the work or from the action of the elements or
from any unforeseen difficulties which may arise or be
encountered in the prosecution of the work until its
acceptance bv the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of
the work. However, Contractor shall not be responsible for
reasonable delays in the completion of the work caused by
acts of God, stormy weather, extra work, or matters which the
specifications expressly stipulate will be borne by City.
7. Change Orders. City may, without affecting the validity of
this Contract, order changes, modifications, deletions, and
extra work by issuance of written change orders.. Contractor
shall make no change in the work without the issuance of a
written change order, and Contractor shall not be entitled to
compensation for any extra work performed unless the City has
issued a written change order designating in advance the
amount of additional compensation to be paid for the work.
If a change order deletes any work, the Contract price shall
be reduced bv a fair and reasonable amount. If the parties
are unable to agree on the amount of reduction, the work
shall nevertheless proceed and the amount shall be determined
by litigation.
8. Immiqration Reform and Control Act. Contractor shall comply
with the requirements of the Immiqration Reform and Control - Act of 1986.
9. Prevailinq Waqe. Pursuant to the Labor Code of the State of
California, the director of the Department of Industrial
- 14 -
Relations has determined the general prevailing rate of per
diem wages in accordance with Labor Section 1773 and a copy
of a schedule of said general prevailing wage rates is on
file in the office of the Carlsbad City Clerk, and is
incorporated by reference herein. Pursuant to Labor Code
Section 1775, Contractor shall pay prevailing wages.
Contractcr shall post copies of all applicable prevailing
wages on the job site.
1.0. Indemnity. Contractor shall assume the defense of, pay all
expenses of defense, and indemnify and hold harmless the
City, and its officers and employees, from all claims, loss,
damage, injury and liability of every kind, nature and
description, directly or indirectlv arising from or in
connection with the performance of the Contract or work; or
from any failure or alleged failure of Contractor to comply
with any applicable law, rules or regulations including those
relating to safety and health; except for loss or damage
which was caused solely by the active negligence of the City;
and from any and all claims, loss, damage, injury and
liability, howsoever the same may be caused, resultinq
directly or indirectlv from the nature of the work covered by
the Contract, unless the loss or damage was caused soleJy by
the active negligence of the City. The expenses of defense
include all costs and expenses, including attorneys fees for
litigation, arbitration, or other dispute resolution method.
11. Insurance. Without limiting contractor's indemnification. it is agreed that contractor shall maintain in force at all
times during the performance of this agreement a policy or
policies of insurance covering its operations and insurance
covering the liability stated in Paragraph 9. The policy or
policies shall complv with the special insurance instructions
in the Supplementary General Provisions and shall contain the
following clauses:
Contractor's liabilitv insurance policies shall contain the
following clauses:
A. "The City is added as an additional insured as respects
operations of the named insured performed under contract
with the City 'I
8. "It is agreed that any insurance maintained by the City
shall applv in excess of and not contribute with,
insurance provided bv this policy."
All insurance policies required by this paragraph shall
contain the following clause:
A. "This insurance shall not be cancelled, limited or non-
renewed until after thirty days written notice has been
given to the City."
- 15 -
8. '!The insurer waives any rights of subrogation it has or
may have, against the City or any of its officers or
employees.
Certificates of insurance evidencing the coverages required
by the clauses set forth above shall be filed with the City
prior to the effective date of this agreement.
12. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code.
Contractor shall also assume the defense and indemnifv and
save harmless the "ity and its officers and employees from
all claims, loss, damage, injury, and liability of every
kind, nature, and description brought bv any person employed or used by Contractor to perform any work under this Contract
regardless of responsibility for negligence.
13. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to
the start of any work pursuant to this Contract.
14. Claims and Lawsuits. Contractor shall comply with the
Government Tort Claims Act (Government Code Section 900 et
seq.) prior to filing any lawsuit for breach of this
contract or any claim or cause of action for money or
damages.
15. Maintenance of Records. Contractor shall maintain and make
available to the Pitv 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 Contractor's principal place of
business as specified above, Contractor shall so inform the
City by certified letter accompanying the return of this
rontract. Contractor shall notify the City by certified
mail of any change of address of such records.
16. Labor Code Provisions. The provisions of Part 7, Chapter 1,
commencing with Section 1720 of the California Labor Code
are incorporated herein bv reference.
17. Security. At the election of the City, securities in the
form of cash, cashier's check or certified check may be
substituted for any monies withheld by the City to secure
performance of this contract for any obligation established
by this contract.
18. Provisions Required by Law Deemed Inserted. Each and every
provision of law and clause required by law to be inserted
in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any
- 16 -
such provision is not inserted, or is not correctly
inserted, then upon application of either party the Contract
shall forthwith be physically amended to make such insertion or correction.
19. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or
"Special Provisons" attached hereto and made a part hereof.
WtFORNlA PAWW MAINTENANCE COMPANV, =
Co n t r ac,t or
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Title
City Attorney
ATTEST:
...... .............. .... STATE OF CALIFORNIA On this.. . .!?th.. ..day of., ,August.. :: ,in the year
....... E!.i?.ab.e!h. Air???. ........... , a Notary Public, State of California,
.................. ............................................ SS- .1?.8?. ,before me, .......... COUNTY OF.S.ac.ral?f!r!to
duly licensed and sworn, personally appeared ..................................
.......... .Tho.?F.s, A:. .westpha.l.. ........................................ ,
to be the person who executed the within instrument as Vire.:President.. . personally known to me (or proved to me on the basis of satisfactory evidence)
or 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.
my official seal in
IN WITNESS WHER ...............
Ths documenl IS only I genera lorm whrh may be propt ID, ~se m smp@ ...... .s a.c !-.amen
IranYOons and m nc w8y IN 0' ts intended Io bn as a subslnote la th(
advre d an ancmey The prmter boes no1 nake any wartany enher ewesr or ampled at to the
bat ualdq d any pmr,%on or lhc sullatnly 0' Ihce lams In Iny SPSIIK Iransaam
Cowdery's Form h'o. 28 - Acknowledgement to Notary Public - Corporation tC. C. Secs. 1190-1190.1) - (Rev. 1'83) MY commission expires July 19 9 1989
*'. . ' - 17 -
CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION
RESPONSIBILIYT.
If1 am aware of the provisions of Section 3700 of the Labor Code
which requires every employer to be insured against liability for
workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of the
work of this Contract." A
WlFORNJA PAVEMENT WNTENANCE COMPANY, INC.
CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND
CONTROL ACT OF 1986.
('1 am aware of the requirements of the Immigration Reform and
Control Act of 1986 and have complied with those requirements,
including but not limited to verifying the eligibility for
employment of all agents, employees, subcontractors and
consultants that are included in this Cont plact .I'
CAUFoRNlA PAVEMENT MAINTENANCE COMPANY, INC.
(NOTARIZE OR CORPORATE SEAL)
(Notarial acknowledgement of execution by all principals must be
attached.)
STATE OF CALIFORNIA ss. COUNTY OF .sacramento ..........
On this ... .!?.!l?. .. ......... , in the year
.................. ,1987.. .... ............... , before me,
....... El.iz.abeth. Air?.?? Public, State of California,
duly licensed and sworn, personally appeared .............
...... horn?.?. .I:... .wes.tPha.l. ........... ..............
.. ..day of.. .*!!gust.. ........
.............
...
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as .S?ire.:President.. .
or 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.
IN WITNESS WHEREOF meynto set mx hand and affixed
my official seal in the.. ......
...... .sacra?lento.. ......
.............
.: ThlS dDCvmcnl IS Only Qeneia! fDlm which may be D'Dper ID! UIF In Sfmpla
I~a~~cIlons and on nc *ay aw n 1s ,mended IO afl. as a rubslnule tw hc
legal verdlr, of any povsmn or the sunablq o! lhese IDWU m an) swhc lransbclon
sdrre d an mDr4y The pome$ OOeS nDI make any ra,r&n?y enhe, exD*eSS 01 m?DlCd .I 10 Ihe
Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - IRev. 1'83) MY commission expires July 19 9 1989
BOND NO. SCR 644 82-99,q - PREMIUM: INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THLSE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 9168 , adopted 8/4/37 , has
awarded (hereinafter designated as the "Principal") a Contract for: to ai f 0 r n i a pa v erne 11 t Ma i n t e n an c e
1986-87 SLURRY SEAL PROGRAM
CONTRACT NO. U/M-15
in the City of Carlsbad, in strict conformity with the drawinqs and specifications, and other Contract documents now on file in
the Office of the City Clerk of the City of Carlsbad and all of
which are incorporated herein by this reference.
WHEREAS, said Principal has executed or is about to execute said
Contract and the terms thereof require the furnishing of a bond
wlth said Contract, providing that iP said Principal or any oP
hislher 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 the work agreed to be
done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter
set forth.
NOW, THEREFORE, WE, CALIFORNIA PAVEMENT MAINTENANCE CO., INC. 9
as Principal, (hereinafter designated as the "Contractor"), and
THE AMERICAN INSURANCE COMPANY as Surety, are held
firmly bound unto the City of Carlsbad in the sum of CIIE HNCI?ED NINE THOUSAND T~REE ~WGF(ED EIGK[Y-E~W AND 34/ioo mws--------------------------- --- (s109,,;S334), said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind
ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIrATION IS SUCH that if the person or
hislher 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 thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, that the Suretv 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 4202 of the Government Code of the State of California.
- 19 -
This bond shall insure to the benefit of any and all persons
companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with
Section 3082).
Tn 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 12thday of August , 1987 . -
(Notarize or Corporate
Seal for each Signer)
CALIFORNIA P
Contractor
THE AMERICAN INSURANCE COMPANY
n I
, Attorney-in-Fact
STATE OF CALIFORNIA
COUNTY OF Sacramento
On this, ...... .12th.. .... day of.. ........ .Lugus t ........ :: .... , in the year
, a Notary Public, State of California,
1987 SS* ..................................................................... , before me, .. .. ......... .!?!i.?ab9th .A.%r!?sO.. ..... ..........
duly licensed and sworn, personally appeared ..................................
............... Thomas. L.. .Wes.tpha.l.. .................................... ,
personally known to me (or proved to me on the ba’sis of satisfactory evidence)
to be the person who executed the within instrument as. Vice-Pzesident..
or 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 dir
IN WITNESS WHERE
my oficial seal in t ..................
rns document a onh, a gonerat form wheh may IM plop~ for n S-u ..... .Sacrament n this certificate.
Notary Public, State of California
lisnsar3ons and m no way am OT IS men&C 10 ad, as a subslnure 11 N
advcedananofny Thcp~ntw dOasnotmire anywaiianr) eah.rclpsrro!unpbedastoch
@a’ vakdty of any prevron 01 the tunablq o! thy fmms m any specdr tranwctoon
Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1!63) MY commission expires July 19 9 1989
J ss. STATE OF CALIFORNIA
COC’NTY OF Sacramento
On this 12th day of Auqust , in the year 1987 before me Notary of Public, personally appeared Dianne M. Stone personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to this instrument as the Attorney-in-Fact on behalf of the corporation
therein named and acknowledged to me that the corporation executed it.
/&- c in and for said County
.hlg Commission expires
1%”. . i),
GENERAL WWER OF AfTqRNEY
&OW ALL MEN BY 7’llESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporation duly organized and existing under the laws of the State of New Jersey, and having its principal office in the City and County of San Francisco. California. has made. conrti[utcd and appointed. and docs by these presents make. constitute and appoint
THE AMERICAN INSURANCE COMPANY ’- 8 .
----- DIANNE M. STONE-----
Its true and lawful Attorney(s)-in-Fact. wlth full power and authority hereby conferred in its name. place and stead. to CXCCUIC. seal. acknowlcd&e-ar_nd deliver any and all bonds. undertakings, recognizances or other written obligations in the nature thereof .......................
and IO bind the Cor Corporation and duP;) attested by its Secretary. hereby ratifying and confirming all that the said Attorncyfs)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article V111. Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY now In full force and cnect.
“Artlcle VIII, Appointmenr and Authorliy ASSfslJnt secrerrries, rnd Attorney-in-Frct and Agenis 10 accept Legal Process and hfnkr Appearances.
ration thereby as fully and to the same cxtcnt as if such bonds wcrc signed by the F’residcn~. scaled wifh fhe corporate seal of the’
Sectton 30. Appoinimcni. The Chalrman of the Board of Dlrcctors. the President, any Vice-President or any other person authorized by the Board .qf
Dlrcctori. the Chairman of the Board of Directors. the President or any Vice-Prerldent. may. from time to time, appoint Rcrident Arslrtant Sccretarles and Attoraeyi-In-Fact to rcprcsenl and act for and on behalf of the Corpordon and Agents to accept legal process and make nppcarrncei for and on
behalf of be Corporation.
Section 31, Aurhoriry. The Authority of such Rcrldenl Asslstant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument
cvldcnclng thclr appolntmcnt. and any such appolntmenl and all authority granted thereby may be revoked at any time by the Board of Directors or by
any pion empowered to make such appointment.”
This wcr of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board or Directors of THE AMEKCAN INSURANCE COMPANY at a meeting duly called and held on the 28th day of September. 1966. and said Resolution has not been amendod or repealed:
“RESOLVED. that the signature of any Vice-Resident. Assistant Secretary. and Resident Assisrani Secretary of this Corporation. and the real of this Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and any power of aitorney. any. revocation of any power of attorney. or,cerrificate bearing such facsimile signature or facsimile scal shall he valid and binding upon the Corporation.
IN WITNESS WHEREOF. THE AMERICAN INSURANCE COMPANY has caused these presenfs to be signed by its Vicc-President.
and its corporate seal to be hereunto affixed this 7th dayor April 19 -86
TIiE AMERICAN INSURANCE COMPANY
SJUZ OF CALIFORNU
COUh’7YOFM.A”
On this 7th day of An& , 19 86 , before me personally came Richard’ Williams ,
IO me known, who. being by me duly sworn, did depose and say: that he is Vice-President of THE AMERICAN INSUR4NCE COXIPANt’. the Cor- oration docribcd in and which executed the above instrument; that he knous the seal of said Corporation; that itic scal alfivsd to the said instrument P s such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name ilicrcto b) like ordrr.
IN WITNESS WHEREOF. I have hereunto SCI my hand and affixed my official seal. the day and year herein first ahovc written
I SUSIE K. GILBERT
NOTARY PUBLIC - CNlfORNtA
MI Commiliion fi;k Nor. 17, I988 f
STATE OF CALIFORNM
COW OF MARIN
CERTIFICATE
I, the underrignrd, Rcridcnt Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEW JERSEY Corporation. DO HEREBY CER- TIFY that the foregoing snd attachcd POWER OF ATTORNEY remains in full force and has not becn rcvolcd; and furihcrmorc that Article VI11. SCC- . lions 30and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attornc). are no\\ in force.
BOND NO. PREMIUM: $1,094,00 2o
SCR 644 82 99
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No.9163 , adopted 8/4/37 , has awarded to Ca1izOrni.a pavement flaintenance, CO. ?
(hereinafter designated as the "Principal"), a Contract for:
1986-87 SLURRY SEAL PROGRAM
CONTRACT NO. U/M-15
In the City of Carlsbad, in strict conformity with the contract
the drawings and specifications, and other Contract documents now
on flle in the Office of the City Clerk of the City of Carlsbad
all of which are incorporated hereln by this reference.
WHEREAS, said Principal has executed or is about to execute said
Contract and the terms thereof require the furnishing of a bond
for the faithful performance of said Contract;
? as Principal (hereinafter designated as the "Contractor"), and
NOW, THEREFORE? WE , CALIFORNIA PAVEMENT MAINTENANCE CO. , INC.
THE AMERICA^? INSURANCE COMPANY I as Surety, are held and firmlv bound unto the City of Carlsbad.
1 n the sum of Tho MWED EIGHTEEiqT"D SEVEN HUNCRED SEWfi-SIX WYND MD ' 67/100 mws2J8, - 176.67 ), said sum being equal to one hundred
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 blnd
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, hislher or its heirs, executors,
administrators, successors or assigns, shall in all things stand
to and abide by, and well and trulv keep and perform the
covenants, conditions, and agreements in the said Contract and
anv alteration thereof nade as therein provided on hislher 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.
As a part of the obligation secured hereby and in addition to the
face amount specified therefore, there shall be included costs
and reasonable expenses and fees, including reasonable attornies
fees, incurred by the City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment
rendered.
- 21 -
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 pontract, 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 bv the Contractor and Surety above named on the 12th day of August
1987 - I
(Notarize or Corporate
Seal for Each Signer) Contractor
THE AMERICAN INSURANCE COMPANY
I.
IliannFM. Stone, Attorney-in-Fact /2hALJM.&c5 IliannFM. Stone, Attorney-in-Fact
STATE OF CALIFORNIA
COUNTY OF Sacramento
On this,. ..... .12th.. .... day of,, ........ Lugus t ........ :: .... , in the year
duly licensed and sworn, personally appeared .................................. ............... Th0ma.s. L .. .We s.tpha 1. ..................................... ,
..................................................................... 1987 Ss. ,before me, , a Notary Public, State of California, .. ......... Elizabeth Airoso ..........................................
personally known to me (or proved to me on the ba'sis of satisfactory evidence)
to be the person who executed the within instrument as. Vice-President..
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-law or a
resolution of its board of directors.
IN WITNESS WHERE
my official seal in the.. ......
.Sacxamento.. c Thn dmmmnl m onty a pc~i~l form rkh may be prop~for "Y ,n slmpk ..... ....... tians8amna and vn no way am. D( IS mendec io a6 AS a svbsm& (or ne
.6*ccd In anomy The prmter docs no1 wake any warfa- enht elpress DT Impled as to ma legal v8My d any pfevulen of IN runablly ol these ram m an) rpe& fr8-m Notary Public, State of California Cowdery's Form No. 28 - Acknowledgement to Notary Public -
Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1/83) MY commission expires July 19s 1989
J ss. STATE OF CALIFORNIA
COUNTY OF Sac ramento
b
8
On this '2th day of , in the year ,=,, before me Notary of Public, personally appeared Dianne M. Stone , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed tu this instrument as the Attorney-in-Fact on behalf of the corporation
therein named and acknowledged to me that the corporation executed it.
?ly Commission expir
A
in and for said County
GENERAL POWER OF AFRNEY
’KNOW ALL h{EN BY TIIESE PRESENTS: That THE AMERICAN INSURANCE COMPANY. a Corporalion duly organized and cxisting under the
laws of the State of Ncw Jcrwy. and having its principal ofice in the City and County of San Francisco. California has msdc, constiiutcd rind appointed. and docs by thcrc prctcnts make. constr!ule and appoint _---- DIANNE M. STONE-----
Tl 1 E A hl E R I CAN INS U I< A N C E C 0 hl PA N Y
It, true and lawful Altorncy(s)-in-Fact. with full power and authority hcrcby conferred in ilr name. placc and rtcad. lo excciiic. scal. acknowledge and dclivcr any and all bonds. undcrtakings. recognizances or othcr wri!tcn obligations in Ihc nature thcrcof ....................... --
rnd to bind the Corpration thereby as fully and to the sem,c extent as if such bonds were signcd by the Presidcnl. scalcd wilh thc corporale seal of the Corporation and du y aticrtcd by its Sccrclnry. hrrcby ratifying and confirming all that the said Attorncy(s)-in-Facl may do in the prcmircr.
This power of ailorncy is grantcd purruanl to Article Vlll, Scction 30 and 31 of Dy-l?ws of TliE AMFHICAN INSURANCE COMPANY no& in lull forcc and encci.
“Artlclc VIII. Appoinrmcnl and Aufhoriry Asshlrnl secrerarks, and Attorney-in-Ficl ind Agrnrr to acrcpf Lc~alProrcrr rnd hlakc Appcrrrnccr.
Srctloo IO, AppoMlnrmcnr. The Chalrman of the Board of Dlrectors. the Prcsldcnt, any Vice-Prcsidcnl or any othcr perron authorircd by the Board .of
Dlrrctori. tbe Chairman of the Rorrd of Dircclorr. the I’rcrldcnf or any Vlce-Prcsidcnt, may. from time to tirnc, appoint Rciidcnt Assistant Sccrctrrlcs
and Allaraeyr-in-Frci io rrprescnt and act lor and on bchalf of Ihc Corporation and Apcnts to acccpt legal process and makc appearanccr for and on
bcbrlf of the Corporalion.
Scciloa 11. Aufhoriry. Thc Authority Of such Rcrldcnt Asalrianl Secretaries, Attorneys-In-Fact, and Agents shall bc as prcrcribcd in the instrumen[
evidtnclo# thclr appolntmcnt. and any such rppolntmcnl and all authority granted thereby may be revoked ai any lime by the Board ol Dircctori or by
ray perron empowered to makc such appointment.”
This owcr of attorncy is signed and seelcd under and by the authority of the following Resolution adoptcd by thc Board of Dircctorr of THE AMEEICAN INSURANCE COMPANY at a mccting duly called and hcld on the 281h day ol Scplcnlbcr. 19th. and said Rc5olu:ion has not ken amended or repcalcd:
“RESOLVED. that ihc signature of any Vicc-Prcsidcnt. Assislant Sccretary. and Rcsidcnt Assis!ant Sccrctary of this Corporation. and thc sen! of this Corporation rnsy bc afixcd or printed on any power of alforncy. on any revocation of any power of attnrncy. or on any ccrtihcatc rclaling thcrcto. by facsimile. and any powcr of altorney. any.rcvocation of any power of aitorncy. or,ccrlificatc bcaring such lacsimilc signarurc or lacsimilc scal shall hc valid and binding upon ihe Corporation.
IN WITNESS WIIEREOF. TlIE AMERICAN INSURANCE COMPANY has causcd lhcse prcsenls to bc signed by ii< Vicc-Prcsidcnt.
and iis corporric rcal io bc hcrcunto affixed this 7th day Apx*il - 19 -86
SlATE OF CALIFORNIA
COUNTY OF MARIN
TlIE AMERICAN INSURANCE COMPANY
On thls 7th day of &Pl?..il , 19 >§ , before me prrlonally came Richard’ Williams ,
to me known, who. bcin by me duly sworn, did dcporc and say: that hc is Vice-Prcsidcni nf TtiE AMERICAN INSIJR 4NCE CO3tI’ANY. ihc Cor- orillon docribcd in ani! which cxccutcd thc above inrirumcnl; ihal he knows Ihc scnl of said Corporalion: ilia1 ttic rcdl allired to [tic said insirurncni E such rorporalc sral; lhai ii was so affixcd by ordcr of thc Board of Dircciors of said Corporalion and ihai IIC rigiicd his name lticrcIo b! liLc ordcr.
IN WITNESS WIiEREOF. I have hereunto sct my hand and affixcd my official scal. the day and ycar hcrein first almvc wriltcn
NOIARY PUIUC - CAlIfORHIA ?nnirprl Oflitr In Mtrin Counti Mr Cornmi,rion Ex;hr Nor. 17. I988 f CERTIFICATE
I, the undcriigncd. Rcridcnl Assistant Secretary of TliE AMERICAN INSURANCE COMPANY. a NEW JERSEY Corporation. DO tlEREBY CER- TIFY that thc forcgoing and aiiachcd POWER OF ATTORNEY rcmalni In full forcc and has not bccn rcvolcd: and fiirihctniarr 11~~1 Ariiilc VIIt, Scc- tlons 30 and 31 of the By-law, of Ihc Corporation. and the Rcroluiion of the Board of Dircctois. sct forill in ihc PoHcr of Attornc), arc no\\ in force.
87 19 . Signed and sealed at the County of Marln. Dated the- lzth day of August
Rciidtni Asrnirnl Srrrzldr)
..... - 22 -
CONTRACTOR'S CERTIFICATION OF COMPLIANCE
I hereby certify that
in performing under the Purchase "rder awarded by the City of
Carlsbad, will comply with the County of San Diego Affirmative
Action Program adopted by the Board of Supervisors, including all
current amendments.
Legal Name of Contractor
n
987 Date
(NOTARIZE OR CORPORATE SEAL)
(Notarial acknowledgement of execution by all principals must be
attached.)
STATE OF CALIFORNIA On this. ...... .12.th. ..... day of.. ........ .Lugus t ........ :: .... , in theyear - ................ .............................................. SS. .;?.e?. , before me,
..... .!?'I i.??b?.!h .t!iT.?SO.. .......... , a Notary Public, State of California, . ......... COUNTY OF ..Sacramento
duly licensed and sworn, personally appeared ..................................
personally known to me (or proved to me on the bakis of satisfactory evidence)
to be the person who executed the within instrument as I Vice-President..
or on behalf of the corporation therein named and acknowledged to me that
such corporation executed the within instrument pursuant to its by-law or a
resolution of its bo nd and affixed
.............. .T.homa.s. L.. .Wes.tpha.l.. .................................... ,
4
SACRAMENTO COUNTY
IN WITNESS WIiER
my official seal in t
..... .S.acxament
............
Th6 daumenlos only a gemral tom rhsh may be proprr 101 KI smplC
9ansanions and tn no *ay am. 01 IS inlendPC 10 m. as a s~bsin~ie ID, me
advse d an anorney The prtntsr does nm make any rarianr, cnher expters or maled as IC me
legal valdily of any poutson M Ihe sunabhy d lkse iwns tn any sms lta%aom
1
Cowdery's Form No. 28 - Acknowledgement to Notary Public - C:orporation tC. C. Secs. 1190-1190.1) - (Rev. 1:S3) MY commission expires July 19 3 1989
'I. . ,' - 23 -
GENERAL PROVISIONS
1. PLANS AND SPECIFICATIONS
The plans consist of location listings and location maos
delineating the slurry seal areas which are further detailed
herein.
The Specifications for the work shall consist of the latest
edition of the Standard Specifications for Public Works
Construction, 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.
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor,
equipment and materials and performing all operations
necessary to complete the project work as shown on the
project plans and as specified in the specifications.
3. DEFINITIONS AND INTENT
A. Utilities and Maintenance Director:
The title shall mean the Utilities and Maintenance
Director or his approved representative.
6. Directions:
Where words "directed". lfdesignatedll, l'selectedl', or
words of similar import are used, it shall be understood
that the direction, designation or selection of the
Utilities and Maintenance Director 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
aDproved by the Utilities and Maintenance Directort1,
unless stated otherwise.
0. 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 Utilities and Maintenance Director",
unless otherwise stated. Where the words "approved",
llapprovaln, "acceptance" or words of similar import are
used, it shall be understood tha the approval,
acceptance, or similar import of the Utilities and
Maintenance Director is intended.
E. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor,
at her/his expense, shall perform all operations, labor, tools and
equipment, and further, including the furnishing and installing of
materials that are indicated, specified, or required to mean that
the Contractor, at her/his expense, shall furnish and install the
work, complete in place and ready to use, including furnishing of
necessary labor, materials, tools, equipment and transportation.
4. CODES AND STANDARDS
Standard specifications incorporated in the requirements of the speci-
fications 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 AND STANDARDS
A construction schedule is to be submitted by the Contractor per Section
6-1 of the SSPWC at the time of the preconstruction conference. No
changes shall be made to the construction schedule without the prior
written approval of the Utilities & Maintenance Director.
Any progress payments made after the scheduled completion date shall
not constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or reloca-
tion of conflicting utilities shall be requirements prior to commence-
ment of work by the Contractor.
The Contractor shall begin work within 5 or more days, at the discretion
of the Utilities and Maintenance Director, after being duly notified by
an issuance of a "Notice to Proceed'' and shall diligently prosecute the
work to completion with the number of consecutive calendar days speci-
fied in the "Notice to Proceed." If the completion date is not met,
the contractor will be assessed the sum of $200.00 per day for each day
beyond the completion date as liquidated damages for the delay. Any
progress payments made after the specified completion date shall not
constitute a waiver of this paragraph or of any damages.
6. NONCONFORMING WORK
The Contractor shall remove and replace any work not con-
forming to the plans and specifications upon written order
by the Utilities and Maintenance Director. Any cost
- 25 -
caused by reason of this conconforming work shall be borne
by the Contractor.
7. GUARANTEE
All work shall be guaranteed for one (1) year after the
filing of a "Notice of Completion" and any faulty work or
materials discovered during the guarantee period shall be
repaired or replaced by the Contractor.
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
instruction, including two (2) copies to the Utilities and
Maintenance Director.
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 attentio to City Noisse Control
Ordinance No. 3109, Carlsbad Municipal Code, Chapte 8.48.
10. CITY INSPECTORS
All work shall be under the observation of Inspector(s)
designated by the Utilities and Maintenance Director.
Inspectors shall have free access to any or all parts of
work at any time. Contractor shall furnish Inspector(s1
with such information as may be necessary to keep
him/her/them fully informed regarding progress and mannner
of work and character of materials. Inspection of work
shall not relieve Contractor from any obligation to fulfill
this contract.
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 inserted, then upon application of either party
the contract shall forthwith by physically amended to make
such insertion or correction.
12. INTENT OF CONTRACT DOCUMENTS
The Contractor, hislher 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
- 26 -
to the completion of the work, shall be provided at the
Contractor's expense 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 hislher subcontractors and materials
suppliers of this condition of the contract will not relieve
hidher 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 indicated or specified. The Contractor may offer a
substitution for any material, apparatus, equipment or
process indicated or specified by patent or proprietary
names or bv names of manufacturer which helshe 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
hislher own expense, shall have the proposed substi.tute,
material apparatus, equipment or process tested as to its
quality and strength, its physical, chemical or other
characteristics, and its durability, finish of 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,
errect, or install the material, 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 ten (10) days prior to
actual installation.
14. RECORDS
The Contractor shall keep a current record of the completed
areas to include times dates and other pertinent data and
submit to the City Inspector at the end of each work day.
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
required licenses and fees.
16. QUANITITIES 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
' .. . ' - 27 -
against the City for damages 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 preserves and shall have the right, when confronted
with unpredicted conditions, unforeseen events, or emergencies, 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 Utilities and Maintenance Director
will direct the Contractor to proceed with the said work as
so modified. If an increase in the quanftity of work so
ordered should result in a delay to the work, the Contractor
will be given an equivalent extension of time.
17. SAFETY AND PROTECTION OF WORKERS AND PUBLIC
The Contractor shall take all necessary precautions for the
safety of employees on the work and shall comply with all
applicable providions 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. Helshe 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. SURVEYING
Contractor shall employee a licensed land surveyor or
registered civil engineer to perform necessary surveying for
this project. Requirements of the Contractor pertaining to
this item are set forth in Section 2-9.5 of the SSPWC.
Contractor shall include cost of surveying service within
appropriate items of proposal. No separate payment will be
made.
19. UTILITIES
Utilities for the purpose of these specifications shall be
considered as including, but not limited to pipe lines,
conduits, transmission lines, and appurtenances of "Public
Utilities" (as defined in the Public Utilities Act of the
State of California) or indiviudally solely for their own
use of for the use of their tenants, and storm drains,
sanitary sewers and street lighting The City of Carlsbad
and affected utility companies have, by a search of known
records, endeavored to locate and indicate on the Plans all
utilities which exist within the limits of the work.
However, the accuracy or completeness of the utilities
- 29 -
indicated on the Plans is not guaranteed. Service
connections to adjacent property may or may not be shown on
the plans It shall be the responsibility of the Contractor
to determine the exact location and elevation of all
utilities and their service connections. The Contractor
shall make histher own investigation as to the location,
type, kind of material, age and condition of existing
utilities and thier appurtenannces and service connect ions
located which have been incorrectly shown on or omitted from
the plans.
The Contractor shall notify the owners of all utilities at
least 48 hours in advance of excavating around any of the
structures. At the completion of the contract work, the
Contractor shall leave all utilities and appurtenances in a
condition satisfactory to the owners and the City. In the
event of damage to any utility, the Contractor shall notify
It is the the owners of the utility immediately.
responsibility of the Contractor to compensate for utility
damages.
The temporary or permanent relocation or alteration of
utilities, including service connections, desired by the
Contractor for his/her own convenience shall be the
Contractor's own responsibility, and helshe shall make all
arrangements regarding such work at no cost to the City. If
delays occur due to utilities relocations which were not
shown on the plans, it will be solely the City's option to
extend the completion date.
In order to minimize delays to the Contractor caused by the
failure of other parties to relocate utilities which
interfere with the construction, the Contractor, upon
request to the City, may be permitted to temporarily omit
the portion of work affected by the utility. The portion
thus omitted shall be constructed by the contractor
immediately following the relocation of the utility involved
unless otherwise directed by the City.
All costs involved in locating, protecting and supporting of
all utility lines shall be included in the price bid for
various items of work and no additonal payment will be
made.
20. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water
utilized during the construction unde this contract. The
contractor shall contact the appropriate water agency for
requirements and shall include cost of water and meter
rental within appropdiate items of proposal. No separate
payment will be made.
- 29 -
SPECIAL PROVISIONS/SPECIFICATIONS
1. WORK TO BE DONE
The work to be done consists of furnishing all labor,
material, tools, equipment and incidentals necessary for the
complete application of Type 2 Slurry Seal an the streets as
indicated on the attached location listing and as specified
herein.
2. STREET CLOSURES, DETOURS, BARRICADES
The Contractor shall not close any_ street within the City of
Carlsbad without first obtaining the approval of the
Utilities and Maintenance Director or his representative.
Barricading, traffic control and detour diagrams shall be
submitted by the Contractor ta the Utilities and Maintenance
Director or his representative prior to commencing work.
The Contractor shall provide and install barricades,
delineator warnNina devices, and construction sians 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 Utilities and
Maintenance Director. 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 Hiqhways,"
unless otherwise approved by the Utilities and Maintenance
Director.
The Contractor shall provide and maintain 48 inch-hiqh
reflectorized cones at 20 feet on center with ribbon along
walkways of high pedestrian use, so designated by the
Construction Inspector.
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 five-foot
intervals so as to prevent vehicular access to the paving
area. Where access from an intersedng 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 Utilities and Maintenance
Director or his representative.
- 30 -
When one-way 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
ccterline of the intersecting street or alley.
Should the Contractor fail to furnish a sufficient number of
traffic and/or pedestrian safety devices, the Utilities and
Maintenance Director or his representative will place such
necessary items and the Contractor shall be liable to the
City for providing such devices in accordance with the
following provisions:
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 5:OO PM and 6:30 AM, during the
normal week or any time on Saturday, Sunday or a City
holiday, there shall be an additional charge of $25.00
for each service trip required.
Judgement as to adequate or sufficient barricading shall be
that which is adequate or sufficient in the opinion of the
Utilities and Maintenance Director or his representative.
The Contractor shall relocate, preserve and maintain the
visibility of all existing signs within the project limits
which affect the flow of traffic, as directed by the
Utilities and Maintenance Director or his representative.
Any signs which are damaged or removed by the Contractor
during the course of construction shall be replaced by the
Contractor at Contractor's expense as directed by the
Utilities and Maintenance Director or his representative.
3. MAINTAINING TRAFFIC
The Contractor shall maintain one lane of traffic in each
direction at all times during construction hours of 7:OO AM
to dusk. On Saturday, Sunday and designated legal holidays,
and when construction operations are not actively in
progress on working days, the Contractor shall maintain all travel lanes of the roadway. Any deviations of these
requirements shall be approved by the Utilities and
Maintenance Director or his representative.
- 31 -
The Contractor shall insure that sole access routes to the
business and residences along the streets to be resurfaced
shall be maintained unless otherwise approved by the
Utilities and Maintenance Director or his representative and
adequate notification given to the affected property owner.
All costs related to the installation, maintenance and
removal of traffic provisions and safeguards, shall be
considered as included in the price paid for the various
contract items of work and nb additional payment will be
made therefor.
The Contractor shall coordinate his schedule so as not to
interefere with local trash collection.
4. MATERIALS
A) Asphalt
The asphalt emulsion shall be of the cationc, quick-set
type, similar to QSKH, using a paving asphalt with a
penetration in the range of 64 to 70 as a base. It .
shall meet the following specifications when tested
according to appropriate ASTM methods.
€3) Emulsion
Test - Furol viscosity at 77 F sec 200-100 D2 44
Residue from distillation; 46 by weight 47 min D2 44
Mixing test (job) sec. at 70 F. 30 min.
Sieve test (% retained on No. 20) 10 max. 0244
Particle charge test Positive
Storage stability; one day settlement 1% max.
C) Residue
Penetration
Solubility in carbon tet. %
Ductility 77 F., CMS
40-110 05
96.5 min
40 min. D113
The Contractor shall furnish a certified statement from the
manufacturer of :he emulsion giving the analysis of the
percentage of base asphalt used in its manufacture.
D) Water used with the slurry seal shall be from any
domestic supply approved by the City. The Contractor
shall obtain a construction meter for water utilized
during the construction under this contract. The
Contractor shall contact the appropriate yater agency for permission and requirements. The Contractor shall
include cost of water and meter rental within
appropriate private items of proposal. No separate
payment will be made.
- 32 -
E) Aggregate
The mineral aggregate shall be 100% crushed rock of
angular, sound, durable, hard, resistant to abrasion and
free from laminations, weak cleavaqes and undesirable
weatherinq. It shall be of such character that it will
not disintegrate from the action of air, water of the
conditions to be met in handling and placing and having
a specific gravity of no less than 2.60. All material
shall be clean and free from deleterious impurities,
including alkali, earth, clay and refuse. It shall have
a minimum sand equivalent of 55 when tested according to
ASTM tested Method 2419.
F) Grading of Aagregate
Percentage composition of weight of the aggregate shall
conform with following gradation prior to the addition
of any mineral fillers such as cement or lime.
Sieve Size Percent Passinq
318 4
8
16
30
50
100
2 00
Type 2 100
90-100
65-90
45-70
30-50
18-30
10-21
5-1 5
GI Submittals
1. Certified Laboratory Test Reports. Before delivery
of materials, certified copies of the reports of all
test required in these specifications shall be submitted
to and approved by the Utilities and Maintenance
Oirector or his representative. The testing shall have
been performed, at the Contractor's expense by an
independent laboratory approved by the Utilities and
Maintenance Department. Certified test reports are
required for the followfng:
Wet tract abrasion test will performed in accordance
with State of California, Department of
Transportation Division of Highways Test No. 3558.
2. Samples of Materials. Samples of materials to be
used on the job shall be used to determfne job mix and
shall be available at the request of the Utilities and
Maintenace Director in sufficient quantities to produce
not less than 30 pounds of emulsified asphalt slurry
mixture.
- 33 -
3. gob Mix formula. ,A job mix formula shall be
submitted to and approved by the Utilities and
Maintenance Director or his representative upon request.
The formula shall indicate the Wet Track Abrasion
resistance. Trial mixes shall be prepared to determine
proportions, evaluate measured wear and to observe
surface texture. tackiness and mix segregation.
H) Composition of Mix
The emulsified Asphalt Slurry Mixture shall have the
following characteristics:
1. Resistance to Abrasion. Allowable wear of cured
slurry mix as tested in accordance with the wet track
abrasion test shall not exceed 50. The cured slurry
being tested shall not pick up on the roller of the
apparatus.
2. Fluidity. The mixture shall be sufficiently free-
flowing to fill cracks in the pavement.
3. Non-Segregation. The mixture shall not segregate
during or after laydown.
4. Surface Texture. The mixture shall have a non-skid
t ex ture .
I) Construction
Mixing shall be performed by a continouos flow mixing
machine. Mixing shall continue until all particles are
uniformly saturated and coated with asphalt. Evidence
of solidification of the asphalt, balling or lumping of
the aggregates, or the presence of uncoated aggregates,
shall be cause for rejection of the mixture. The
aggregate shall be at approximately atmospheric
temperature and shall not have a moisture content in
excessof 5 percent by weight.
Mixture shall be on the flcontinuous flow" mixing type
with calibrated controls, capable of accurately
delivering a predetermined proportion of aggregate,
water and asphalt emulsion to the mixing chamber; and to
discharge the thoroughly-mixed product on a continuous
basis. The aggregate shall be pre-wet immediately prior
to mixing with the emulsion. The mixing unit of the
mixing chamber shall be capable of thoroughlyblending
all ingredients without violent agitation. It shall be
equipped with a pressure water system and fog-type spray
bar adequate for complete fogging of the surface
immediately preceding the spreading of the slurry. It
shall have sufficient storage capacity to properly mix a
minimum of twelve (12) tons of slurry. The emulsion
- 34 -
storage tank of the mixing machine shall also be
equipped with a convenient device, calibrated in ten
(10) gallon increments, to measure the quanitity of
emulsion actually used with each mixer load of slurry.
Devices used for metering and blending additives must be
approved by the Utilities and Maintenance Director or
his representative. If sulphate of ammonia is used as
the retarding agent, it shall be introduced in liquid
form.
3) Spreading
General. No application of slurry shall occur until all
deep patching, skin patching, crack sealing or other
preliminarv pavement repairs have been completed. The
surface of the pavement shall be thoroughly cleaned and
swept by the Contractor, no more than 24 hours prior to
the application of slurry seal. The application of
slurry shall be scheduled to commence after 7:OO AM and
shall be complete prior to 2:OO PM.
No street will remain closed after sunset, unless
approved by the Utilities and Maintenance Direct.or or
his representative.
No slurry shall be applied when the weather forecast
indicates a probability of rainfall or, when the air and
pavement tempratures are not higher than 50 degrees and
falling. Slurry may be applied when both air and
pavement temperatures are 50 degrees and rising.
The surface of the pavement shall be fogged with water
directly preceding the application of the slurry. The
slurry mixture shall be of the designed consistency when
deposited on the surface and no additional elements
shall be added. Total mixing time shall not exceed
forty (40) minutes. A sufficient amount of slurry shall
be carried in all parts of the spreader at all times so
that complete coverage is obtained. No rippling,
lumping, balling or unmixed aggregate shall be
permitted, nor shall segregation of the emulsion and
aggregate fines from the course aggregate. If the
course aggregate settles to the bottom of the mix, the slurry shall be removed from the pavement. No excessive
breaking of the emulsion in the spreader box will be
allowed, nor shall the condihtion known as "skinning
over" of the slurry. No streaks such as caused by
oversized aggregate will be left in the finished
pavement. No additional water to be added after
material leaves pug mill.
.. ' I. - 35 -
K) Rate of Application
The slurry seal shall be applied at a rate which shall
provide an average of 1,500 square feet of coveraqe per
ton; but no less than 1,400 square feet nor more than
1,600 square feet. The rate of application for each
pass shall average twelve (12) pounds per square yard;
but not less than ten (10) pounds nor more than thirteen
(13) pounds. The amount of slurry actually placed on
the pavement shall not vary more than 10% from the
theoretic tonnage calculated for the pavement.
LJ goints
No excessive build-up causing unsightly appearance shall
be permitted on longitudinal or traverse joints. Unless
otherwise approved, the overlap at the joints will not
exceed 2" and shall be feathered; no payment will be
made for excessive unapproved overlaps. 3oints between
asphalt pavement and concrete pavement and/or excessive
slop-over onto the concrete; any unsighly and
objectional excess shall be immeidately removed. At
street intersections, at the beginning and end of, work
segments, the slurry is to be neatly spread or trimmed
to a straight line defined by the near curb lines of the
street adjacent ot the work.
Approved squeegees or lutes shall be used to spread
slurry in areas inaccessible to the machine. Care shall
be exercised to ensure the maximum rate of application
with no excess, and leaving no unsightly appearance.
Texture of slurry spread by hand shall match that which
was applied by machine. Contractor shall be responsible
for the removal of all excess emulsion spread beyond
slurry limits, on driveways, sidewalks, etc.
M) Slurry Spreading Equipment
Attached to the mixing machine shall be a mechanical
type squeegee distributor equipped with flexible
material in contact with the surface to prevent loss
slurry and adjustable to assure a uniform spread on
varying grades and crowns. It shall be steerable,
adjustable in width, with a flexible strike-off. The
box shall not cause grooving of the slurry by any of its
parts. It shall be kept clean and build-up of material
on the spreader will not be permitted. The type of
drag, linen or other textile, must be approved by the
agency and it shall be cleaned or changed as frequently
as needed or when so directed.
- 36 -
Manhole and Water Valve Covers
All metal manhold and water valve covers shall receive a
heavy coating of a parting agent such as diesel oil,
prior to slurry seal application. After the slurry seal
has been applied and cured, the Contractor shall remove
all slurry seal material attached to manhole and water
valve covers.
Raised Pavement Markers (RPM)
All markers shall be protected from the slurry seal
application by tape. After the slurry seal has been
applied and cured, the Contractor shall removal all
slurry seal mi.xture and tape from the markers.
Finished Surface Quality
Smoothness. The finished surface of the slurry seal
shall be at least as smooth as the original pavement
surf ace. Any corrugations on the surface creating
vibrations noticeable by passengers in an automobile
driving over the slurry sealed surface at legal speeds
will result in rejection of the slurry ' seal
construction.
Removal and Resealing. Any slurry seal application that
has been rejected shall be removed by cold planning to
the original pavement. A new slurry seal application
shall then be placed on the pavement. Any placement of
slurry seal rejected shall be removed and replaced with
the cost borne by the Contractor.
Measure and Payment
Slurry seal will be paid for at the contract unit price
per square foot as shown in the bid. Such price shall
constitute full compensation for furnishing and placing
of materials required to complete slurry sealinq
pavement, including the preparation of surf ace,
patching, crack sealing, where required and for all
labor, equipment, tools and incidentals, needed to c ornp le t e the work in conformity with the
specifications.
5. "NO PARKING" SIGNS
The Contractor will provide and install "Tow Away No
Stopping" construction signs, ITC-R 30-S, for use in posting
streets in advance of the work. Signs shall be placed at
least 24 hours prior to commencement of work. Signs shall
be posted at intervals of not more than 100 feet on both
sides fo the block affected by the work.
- 37 -
Tow-away of any vehicles in violation of the "NO Parking"
signs will be handled by the Carlsbad Police Department.
The City assumes no liability in connection with movement of
vehicles by the Contractor.
Temporary signing shall be removed as soon as the streets
are ready to receive traffic and turned over the Utilities
and Maintenance Director or his representative.
6. NOTICES
Notwithstanding any other or concurrrent notification by the
City of the surfacing paving operations, the Contractor will
notify residences and businesses of street closure utilizing
the attached letter.
Notices shall be left on or at the front door of each
dwelling or commercial unit abutting the street to be
surfaced. This shall be done two days prior to placement of
"No Parking" signs. The Contractor shall be required to
insert dates and estimated times of closing and reopening
streets to local traffic.
7. PAYMENT
Payment for the placement of the "No Parking" signs and
notices shall be considered included in the bid price paid for asphalt concrete and no additional payment will be made
therefore.
8. UTILITIES
The Contractor shall notify Underground Service Alert far
enough in advance of the work to allow for marking of the
utility locations at the various sites.
2075 LAS PALMAS DRIVE
CARLSBAD. CA 92009-1519
TELEPHONE
(619) 438-7753
aitg rrf akIrlsbab
UTILITIES & MAINTENANCE DEPARTMENT
HELLO FROM CITY HALL!!
The City Council considers well-maintained roads and streets a
priority and we work at keeping Carlsbad streets in good
condition.
As part of its street maintenance program, the City has
contracted with
miles of streets. Your street is one of those chosen for
resurfacinq.
to resurface 73 -
Street:
from:
To:
Will be resurfaced on
In order to do the job properly, we need your help. We ask that
you do not park or drive in this area from 7:OO AM to 5:OO PM on
that day. Your street will be posted 24 hours in advance for no
parking. If a vehicle is parked in the no parkina area, it will
be towed away at the owner's expense so that the Contractor can
resurface the street Not only will driving on the freshly
resurfaced road damage the new surface, but it may also result in
tar splattered on your vehicle. We also ask that you not run any
water that will run into the street during that time. A wet
surface impairs proper bonding of the resurfacing material.
Your cooperation is greatly appreciated; we apoloqize for any
inconvenience this may cause you If you have any questions,
please call the Utitites & Maintenance Department at 438-7753.
Than-k you for your help.
CHARLES MITCHELL
Superintendent, Street Division
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IN TOWN AREA AREA OF SLURRY SEAL - I"= 1000'
*-
AREA OF SLURRY SEAL -- I I"= 1000'
8/12/07
PRGDUCER
PICKETT-ROTHHCkLZ & MURPHY
P+O BOX 13190
SACRAMENTO, CA 95813
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A LElTER Maryland Cesua Lty Company
COMPANY B
COMPANY
INSURED LElTER Calif+ Compensation & Fire Co
Ca 1 if Pavement Ma i ntenance LEVER c
9390 Elder Creek Road COMPANY D LElTER
Sac ramen t o
CA 95829 COMPANY E LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIYG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- i TIONS OF SUCH POLICIES.
POLICY NUMBER i co ,LTR
y GENERAL LIABILITY
TYPE OF INSURANCE
6MP29665763
PREMlSESlOPERATlONS
EXPLOSION & COLLAPSE HAZARD
PRODUCTSiCOMPLETED OPERATIONS
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY OCCURRENCE FORH
ANY AUTO WAA80453673
ALL OWNED AUTOS (PRIV PASS )
ALL OWNED AUTOS (E$$R$$N)
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM I UB59487658 I OTHER THAN UVBRELLA FORM '1 WORKERS' COMPENSATION
'B AND WTG2581650
EMPLOYERS' LIABILITY
I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPEClAL ITEMS :RE: 1983-66 SLURRY SEAL fT3OGRAM
jADDITIONAL INSURED AND PRIMY INSURANCE ENDOFlrSEMMTS ATTACHED
CITY OF CARLSEAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATW DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRllTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
030002
Wa , ENDORSEMENT
AMOUNT OF INSURANCE PERILS OLD RATE NEW RATE ADDITIONAL PREMIUM
Flu
ECE
. DATED ATTACHLDTO POLICY NO. NAME OF INSURANCL COMPANY 1
RETURN PREMIUM
~~ ~~~ ~ ~
[S CORRECTED OR CHANGED TO READ AS FOLLOWS
The cancellation clause is amended to read:
It is hereby understood and-agreed that the policy to which this Certificate .
refers may not be cancelled, materially changed, nor the amount of coverage
thereof reduced until thirty (30) days after receipt of written notice of such cancellation or reduction in coverage by the City Clerk of the City of
Carlsbad. Coverage under this policy shall be primary and non-contributing
with any other insurance available to the City of Carlsbad.
/ 'Consent by ................................................................................................ Insured
'Consent by ........................................... .................................................... Mortgagee or Payee
*Not required unless policy is reduced or restricted by this endorsement.
Mdiliorul hiurn $ TRn /
carnttni(mdby A flAL? '7/
Pickett-Rothbolz 6 Nurphy
I This endorsunad rnodilics such insurance as is afforded by Ihe pcoririors d Lha pdiq rclrtirq to Ih fdwiw
COMPREHENSIVE GENERAL LlABlLlN INSURANCE:
MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE
I
ADDITMNAL INSURED (omar OT CMltrrdrr)
City of Carlsbad, California
khrduk
1986-87 Slurry Seal Program
Carlsbad, California
8odil7 Injuty Liability Prm Darnqr Liabilib
*. ;.. ...._ .. .-. . . RiSWWdIht - .... . ..,.* . 1. fh "Pmm Imured" provision is amended lo indude &s an imurd lhe person or organinlion mmed abon (kcimRa alkd "addilioml imurtd"), but ody mU tnpcd Io liabililr Irisin< cut d (1) opefatiom performed for Ihr additional inwrd b Ihr ~md bod r( 1h4 Iwlion daqmltd ah
o( (2) acts o( midom d Ihc additional iraured in connection wilh his grmal supervision of such opaatiom
2 Nom d thr txcluiiom d Ihr poliq. trceul aclusiom (a). (c). (I), (1). (i). (j) and (m), appty to !his imunm
1 hddllkul ZIduJmr This imrarice doa no( appk
(a) lo kdy InJwq or poplntr dmyr occurriq afla
(1) dl rat on the project (olher than wvkx mainlemnce or repairs) lo be performed or on brhall d thr Wilioml insured at lhc ilc d thr corned opcraliom has been cwnpleled ar
(2) that pc4ion of the cumd imurtd'r rat oul d which Ihc injury or damage arisu*b been put to its intmded ty by aq pnm d orpniPli#
otk lhan another conlracloc or wbconlracfor engapd in performing operaliom lor a principal as t put d Ik ym~ project
(b) lo bdQ In)uq gr P& damage arisiq out of aq act M omission of the additional i-td K any cd hu tmPiqta. olha than tern1 WF
vision d rrt pnlwrntd lor the additional insurd
(c) to ph drnyr lo
..
Ihe nand imrd;
(I) pcopcrb mmd or occupied
(2) property urd by Ihc addiliorul insured.
(3) prop$ in Ihr are, custody or contrd d Iha addiliod iwred oc IS b which thr additional insurd b for any plrpaJs dq pw &d. or
(4) rrt pcrfonncd lor !ha rdditiorul insured by Ihc mmd imvrd. ,
o( rcnled lo the additional insured,
4
I 1. llL4u#I M& Whtn used in rderrtw to this imunnu. "wed" includes malairk, puts and quipmtd furM in connation Uwrrrilh
a 20 09 01 73
/ *--