HomeMy WebLinkAboutCalifornia Pavement Maintenance Company Inc; 1989-09-29; U/M 25&+ye
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& TABLE OF CONTENTS
-- ITEM PAGE
NOTICE INVITING BIDS 1
PROPOSAL ..................................
BIDDER‘ S BOND TO ACCOMPANY PROPOSAL ....................
DESIGNATION OF SUBCONTRACTORS ....................... I
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY .............. 11
BIDDER‘S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE ........... 1
A. e ...........................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID ....................... 1
CONTRACT .................................. 1
CONTRACTOR’S CERTIFICATION OF AWARENESS OF WORKERS’ COMPENSATION RESPONSIBILITY ................. :
CONTRACTOR’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986 .............. :
CONTRACTOR’S CERTIFICATION OF COMPLIANCE OF
1 AFFIRMATIVE ACTION PROGRAM .......................
LABOR AND MATERIALS BOND
PERFORMANCEBOND .............................
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION ........
SPECIAL PROVISIONS ............................
SPECIFICATIONS ...............................
STREET LISTING ...............................
AREAMAPS .................................
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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 28th day of August,
1989, at which time they will be opened and read for performing the work for thc
1988-89 Streets Slurry Seal Program, CONTRACT NO. U/M -25.
The work shall be performed in strict conformity with the specification? therefore as approved by the City Council of the City of Carlsbad on file wit1 the Utilities and Maintenance Department. The specifications for the work shal consist of the latest edition of the Standard Specifications for Public Work - Construction, hereinafter designated SSPWC, as issued by the Southern Chapter of the American Public Works Association. Reference is hereby made ti specifications for full particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-ownec businesses.
No bid will be received unless it is made on a proposal form furnished by thl Purchasing Department. Each bid must be accompanied by security in a form an amount required by law. The bidders’ security of the second and third nex lolwest responsive bidders may be withheld until the contract has been full executed. The security submitted by all other unsuccessful bidders shall b returned to them, or deemed void, within ten (10) days after the contract i awarded. Pursuant to the provisions of law (Public Contract Code, Sectio 22300), appropriate securities may be substituted for any obligation require by this notice or for any monies withheld by the City to ensure performance unde this contract. If Contractor elects to use an escrow agent, Section 10263 o the Public Contract Code requires monies or securities be deposited with Stat Treasurer or a state or federally chartered bank in California.
The documents which must be completed, properly executed and notarized are:
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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 estimatc quantities are approximate and serve solely as a basis for the comparison 1 bids. The Engineer’s Estimate is $118,360, The work is anticipated to tal place during October, 1989, and take approximately 20 workdays to complete.
No bid shall be accepted from a Contractor who has not been licensed accordance with the provisions of State law. The Contractor shall state his ( her license number and classification in the proposal. The followii cllassifications are acceptable for this contract: A, C-12, C-32.
If the Contractor intends to utilize the escrow agreement included in tl contract documents in lieu of the usual 10% retention from each payment, the documents must be completed and submitted with the signed contract. The escr agreement may not be substituted at a later date. Sa
One set of plans, special provisions and contract documents may be obtained the Purchasing Department, City Hall, Carlsbad, California, at no cost licensed contractors, additional sets may be obtained for a non-refundable f of $8.00 per set.
l'he City of Carlsbad reserves the right to reject any or all bids and to wai ainy minor 'irregularity or informality in such bids.
l'he general prevailing rate of wages for each craft or type of worker needed execute the contract shall be those as determined by the Director of Industri Relations pursuant to Sections 1770, 1773 and 1773.1 of the California Lat -- Code. Pursuant to Section 1773.2 of the California Labor Code, a current cc of applicable wage rates is on file in the Office of the Carlsbad City Cler The Contractor to whom the contract is awarded shall not pay less than the s? specified prevailing rates of wages to all workers employed by him or her in 1 execution of the contract.
The Prime Contractor shall be responsible to insure compliance with provisic of Section 1777.5 of the California Labor Code and Section 4100 et seq. of 1 Pub1 ic Contract Code, "Subletting and Subcontracting Fair Practices Act".
The provisions of Part 7, Chapter 1, of the California Labor Code commenc with Section 1720 shall apply to the Contract for work.
(4 pre-bid meeting will be held on Monday, August 21, 1989, at 3:OOPM. at Uti1 ities and Maintenance Administration Conference Room, 2075 Las Palmas Dri Carl sbad.
A tour of the project site(s) should be made prior to the prebid meeting.
Bidders are advised to verify the issuance of all addenda and receipt ther one day prior to bidding. Submission of bids without acknowledgement of adde may be cause for rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers materials suppliers each in an amount equal to one hundred percent (100%) fifty percent (50%), respectively, of the Contract price will be required work on this project.
The Contractor shall be required to maintain insurance as specified in Contract. Any additional cost of said insurance shall be included in the pri ce.
Approved by the City Council of the City of Carlsbad, California by Resolu No. 89-258 , adopted on the 25th day of July , 1989 .
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July 26, 1989
ALETHA &.x& L. dT$W-$ Date
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CITY OF CARLSBAD
CONTRACT NO. U/M - 25
PRO POS AL
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City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
T'he Undersigned declares he/she has carefully examined the location of the worl read the Notice Inviting Bids, examined the Contract documents, Plan! Specifications and Specifications and hereby proposes to furnish all 1 aboi materials, equipment, transportation and services required to do all the woi to complete this Contract in accordance with said Contract documents, Plan Specifications, and Special Provisions and that he/she will take in full paymei therefor the following unit prices for each item complete, to wit:
Item Item Description with Prices or Quantity Price TOTA
No. LumD Sum Price Written in Words & Unit jf iqures) (fiqure 1 Slurry real mixture, complete 2,367,115 S.F.
Approximate Unit
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in place at &T dollars 0, 349/ //&/ 2
81 &uk ,% cents per sq. ft. 0
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3.
c- Approximate Unit Item Item Description with Prices or Quantity Price TOTAL -- No. LumD Sum Price Wrttten in Words & Unit (fiqures) ( fiqures e
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/ Total amount of bid in words: fi2/dk- &tm9gSfl ?,,YT.F&/J /ffg&52M63
TVJ~ Hb:fidr)xl~~ /?VI;-/U ry j7u~ /;7s,~,.iey //J/>.E,J-~ F/L/~ CgjsiTS - _-L
Total amount of bid in numbers: $ /id, 225, 36
Addendum(a) No(s). included in this proposal.
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has/have been received and is/
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f i All bids are to be computed on the basis of the given estimated quantitiesb work, as indicated in this proposal, times the unit price as submitted by th bidder. In case of a discrepancy between words and figures, the words shal prevail. In case of an error in the extension of a unit price, the correcte extension shall be the calculated and the bids will be computed as indicate above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections crossed 01 and typed or written in with ink and must be initialed in ink by a persc authorized to sign for the Contractor.
The Undersigned has checked carefully all of the above figures and understanc that the City will not be responsible for any errors or omissions on the par of the Undersigned in making up this bid.
Jhe Undersigned agrees that in cases of default in executing the require contract with necessary bonds and insurance policies within twenty (20) days frc the date of Award of Contract by City Council of the City of Carlsbad, tt proceeds of check or bond accompanying this bid shall become property of the Ci of Carl sbad.
Licensed in accordance with the Statutes of the State of California providii
C1 assi fication( s)
The Undersigned bidder hereby represents as foll ows:
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for the registration of rtrtractors, License No. \3pf5+ p 4
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That no Council Member, officer, agent or employee of the City of Carlsb is personally interested, directly or indirectly, in this Contract, or t compensation to be paid hereunder; that to representation, oral or writing, of the City Council, its officers, agents or employees has induc him/her to enter into this Contract, excepting only those contained in th 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 corporation making a bid for the same work, and is in all respects fair a without collusion or fraud.
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Accompanying thi s proposal is &fi/>Ei?S kku~ Ib
for ten percent (1m) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Califorr Labor Code which require every employer to be insured against liability ‘ worker’s compensation or to undertake self-insurance in accordance with ‘ provisions of that Code, and agrees to comply with such provisions befc commencing the performance of the work of this Contract.
(Cash, Certified Check, Bond or Cashier’s Chec
).
The Undersigned is aware of the provisions of the California Labor Code, Par 7, Chapter 1, Article 2, relative to the general prevailing rate of wages fo each craft or type of worker needed to execute this Contract and agrees to compl with its provisions.
6 hond Number
C A L6 F 0 R Pd %A PAVE f!i E NT
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7/d 381 -80a,=3
- .is, \FF67 Date U
- Authorized Signature
- 60 p.; po & j+Tf 0 fi; E Type of Organization
(Individual, Corporation or Partnership)
List below names of President, Secretary, Treasurer and Manager, if corporation; and names of all partners, if a partnership:
UT AtROSO - SECRETARY 0
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED. 1
_-- -
STATE OF CALIFORSI.4
COUNTJTOF. Sacramento ss.
such corporation executed the within instrument pursuant to its by-lav
resolution of its boa
my official sea1 in t Sacramento
r IN WITNESS
i 1,s document 1s onb a ~eneral torm dw-9 may be yopeer for use in smple
dra-saaws and m no way am w D ,me?aed 10 ect as a susstotine for ne
adnce d m anom 7 The ptme does rd mare any warranty enher euwss or implied as Io me
iegat valdlty d ai) pov,m w me sur&Iq d these lams m any sped< transanion
Cowdery’s Form So. 28 - Acknowledgement to Notary Publ~c - Corporation (C. C. Secs. 1190-1190 1) - (Rev. 1/83) ~y commission expires July 19 > 1989
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c BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE. PRESENTS:
"hat we,
as Principal, and
iis Surety, are held and firmly bound unto the City of Carlsbad, Californ an amount as follows: (must be at least ten percent (10%) of the bid am
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for which payment will and truly made, we bind ourselves, our heirs, exe and administrators, successors or assigns, jointly and severally, fin these payments.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal above-bounden principal for the 1988-89 Streets Slurry Seal Program, Co No. U/M - 25, in the City of Carlsbad, is accepted by the City Council o City, and if the above bounden Principal shall duly enter into and exe
Contract including required bonds and insurance policies within ten (10 from the date of Award of Contract by the City Council of the City of Car being duly notified of said award, then this obligation shall become nu void; otherwise, it shall be and remain in full force and effect, and the specified herein shall be forfeited to the said City.
In the event any Principal above named executed this bond as an individL is agreed that the death of any such Principal shall not exonerate the from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seal this 1
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Corporate Seal (If Corporation)
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Pr i nc i pal
Surety
BY
Title (NOTARIAL ACKNOWLEDGE1 EXECUTION BY ALL PRII AND SURETY MUST BE ATTI (ATTACH ACKNOWLEDGEMENT OF ATTORNEY IN FACT) (CORPORATE SEAL)
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RELIANCE INSURANCE COMPANY
i HEAD OFFICE, PHILADELPHIA, PENNSVLVANIA
Bond No. BBSU BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.)
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KNOW ALL MEN BY THESE PRESENTS, that we CALIFORNLA PAVBIEW - 03@M
9390 Elder Creek Road
Sacramento, CA 95829
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania,
as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF CARLSBAD
as Obligee, hereinafter called the Obligee, in the sum of = pm OF m - BW
-- o1 I ars ($ ~0~******************* I,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for 1988-89 Streets Slurry Seal Program,
Contract No. U/M-25
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this Seventh day of August
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A.D. 19 89
(Principal) (Seal)
, . . .i- *&L.Awy'>/, ,/$?&4~ ?Ld,fi&
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(Witness) .4
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RELIANCE INSURANCE COMPANY
By : Josph ////&-
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H. Weber, Attorney-In-Fact
BDR-2305 Ed. 10-73
STATE OF CALIFORNIA) ss.
COUN'JY OF SACRAMENTO)
On this 7th day of August, in the year 1989, before me a Notary publj
apl~ared Joseph H. Weber, personally known to me (or proved to me on
satisfactory evidence) to be the person whose name is subscribed to this
the Attorney-In-Fact on behalf of the corporation therein named and acknc
that the corporation executed it.
I RELIANCE INSUIRA_NCE COMpm- f -
HEAD OFFIC€. PHILADELPHIA, PENNSYLVANIA
POWER Of ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE C0MPANY.a corporation duly organized undm the laws of
Pennsylvaoia, does hereby make, mnstitute and appoint
JOSEPH H. WEBER of SACRAMENTO, CALIFORNIA---
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its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and ot
obligatory in the nature thereof were signed by an Executive Offit.% of the RELIANCE INSURANCE COMPANY and sealed and attested t
of wch officers, and hereby ratifies and confirms all that its said Attorney(s)in-Fact my do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VI1 of the By-Laws of RELIANCE INSURANCE COMPANY wt
effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors, the Resident. the Chairman of the Board, any Senior Vice Resident, any Vice President or Assistant Vi.
or other officsr designated by the loard of Directors shall have power and authority to (a) appoint Attorneys-in-Fact and to authorize then
on behalf of the Company, bonds and undertakings, racognizancsc, contracts of indemnity and other writings obligatory in the nature the
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneyt-in-Fact shall have power and authority, subject to the tern and limitations of the power of attorney issued to them
and deliver on behalf of the Cornpony, bonds and undertakings, recognizanost, contracts of indemnity and other mitingr obliwtory in the ~1
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writing
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contrac
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the CC
to copies of the By-Law of the Company or any article or section thereof.
This powtar of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of
RELIANCE INSURANCE COMPANY at a meeting held on the 6th day of June, 1979, at which a quorum was present, and said Resolution I
amended or repealed:
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"Resolved,that the signatures of such directors and officers and the seal of the Company may be affixad to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power IO executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with rwct to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and itsari
be hereto affixed, this 9th day of August 183 .
RELIANC ANSURANCE PANY 0 Vice G24!iA2 President
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STATE OF Washington } ss. COUNTY OF ~i~~
On this 9th day of August , '$3 , personalty appeared Charles B. Schmalz
to me krwn to be the Vice-president of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested '
instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said Company ac
tion, set lorth therein, are still in full force.
h4y Comnnission Expires: dzf 290-44
July 20.19 86 Notary Public in and for Stnte of
Miltc
Charles J. Falskow , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify th ' 0 1, foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY. which is still in fi
Residing at
effect.
IN WTNIESS WHEREOF, I have hereunto set my hand and affixed the seal of said Compeny this 7th day of August
BQR-1431 Ed. 6/79 @ Assistant Secretary CLJ$ g;
6 DESIGNATION OF SUB-CONTRACTORS
The Undersigned certifies he/she has used the sub-bids of the following listec contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Utilitie, arid Maintenance Director, and in accordance with applicable provisions of thi specifications and Section 4104 et seq. of the Public Contract Code - "Sublettinl arid Subcontracting Fair Practices Act". No changes may be made in these sub contractors except upon the prior approval of the Uti1 ities and Maintenanci Director of the City of Carlsbad. If no subcontractors are listed, thi Contractor agrees that he/she is fully qualified to and will perform the work The following information is required for each sub-contractor. Additional page c,an be attached, if required:
Items of Complete Address Phone No. - Work Full Comanv Name with Zio Code w/Area Cod
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DESIGNATION OF SUB-CONTRACTORS (continued)
The bidder is to provide the following information on the sub-bids of all th listed sub-contractors as part of the sealed bid submission. Additional page
can be attached, if required.
Full Comoanv Name
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Type of State Carlsbad Contracting Business Amount of License & No. License No.* Bid ($ or % -
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STATE OF CALIFORNI.4 On this l5th. dayof August . , in thr
... . .. , befo
, a Notary Public, State of Calif COUNT'( OF. Sacramento . ss.
duly licensed and sworn, personally appeared . Rayner
personally known to me (or proved to me on the basis of satisfactory evic
to be the person who executed the wthin instrument as President
or on behalf of the corporation therein named and acknowledged to mt
such corporation executed the within instrument pursuant to its by-la\i
resolution of its boa
IN WITKESS ereunto set my hand and a
my official seal in t
..
.. %is dccumenl IS oriv a gene a for- *'x+ way be prom lo use m smpie
ransamons and ~n no may a?s ~1 8s 11 ewc IC an BS 2 wbstndte +or me
aOn= 0' an anorney Ibe pmer hs nY la4e ai) wavalty enhe expess or nmplbed as 10 me
Iqa vaiidny 0' any prowwon w the sur.Mm d t*ey to TS 8" any speeds transamon
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Cowdery's Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190 1) - (Rev 1/83) MY commission expires July 19 3 1989
* Licenses are renewable annually. If no valid license, indicate "NONE Val id 1 icense must be obtained prior to submission of signed contracts. I c
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(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.)
(CORPORATE SEAL)
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BIDDER ’ s STATEMENT OF F I NANC I AL RESPONs I B I L I TY
The Undersigned submitS herewith a notarized or sealed statement of hjs/he financial responsibility or financial statement. e
TO WHOM IT MAY CONCERN, WE, CALIFORNIA PAVEMENT MAINTENANCE COMPANY# IN‘. ARE
FJLNANCIALLY RESPONSIBLE AS EVIDENCED BY OUR BoNDAB1L1TY
AND OUR HISTORY OF CONTRACT WORK-
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STATE (OF CALIFORNIA
COUNTY OF ss. ......... I989 .............
.. Elizabeth Airosa
duly licensed and sworn, p
personally known to me (or proved to me on the basis of satisfactory evi
to be the person who executed the within instrument as. .F.re,sident..
or on behalf of the corporation therein named and acknowledged to n
such corporation executed the within instrument pursuant to its by-la1
resolution of its board of directors.
............................................
IN WITNESS WH
my official seal in the..
.... Sacramento .....
............. i
Rus d3Cyment IS onty a general tom rhrch may be DTP? $01 use m rmpk hamam ard in no way am a n sme?bed 10 hz as a svbsmule Tor me
a@.%t d an anorley The prinlw does ncF make an) vanam, enher express or implied as 10 me
leggar vddrty of aiy provmn 01 me surrablq d mese forms m an) spectlr tran~actrm
Cowdery’s Form No. 28 - .4cknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) - (Rev. 1’83) ~y commission expires July 19 > 1989
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# (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED. )
(CORPORATE SEAL) e‘
Date Contract
Completed
. _--
Name and Phone Name and Address No. of Person Amount a of the EmDlover to Contact TvDe of Work Contract
s, r-----/- - /.z r '<h 2, -/ - -\ I- --, JY
*r r r /
0 9193 CHESAPEAKE DRIVE SAN DIEGO, CALIFORNIA 92123
SOUTHERN CALIFORNIA MUNICIPAL REFERENCE SHEET
CITIl OF SAN DIEGO CITY OF MONTEREY PARK 27811 CAMINITO CHOLLAS 320 W. NEWARK AVE
SAN DIEGO, CA 92101 MONTEREY PARK, CA 92754
MR. ED MENDOZA MR. RENEE COHEN
6 191'2 3 6 -5 6 5 6
SLURRY SEAL 1982-83-85-86-87-88 SLURRY SEAL 1982-83-84-85-86-87-8
$1,456,000.00-$2,245,000.00 $56,000.00-$60,000.00
CITY OF SANTEE CITY OF FULLERTON 10761 WOODSIDE AVE 303 WEST COMMONWEALTH AVE SAN'CEE , CA 9 2 0 7 1 FULLERTON, CA 92632 MR. CAREY STEWARD MR. JOHN HOGAN
6 19/2 5 8 - 0 2 0 6 SLURRY SEAL 1986-88 SLURRY SEAL 1983-84-85-86-87
$300,000.00-$318,870.00 $155,000.00-$287,000.00
CITY OF CARLSBAD COUNTY OF ORANGE
405 OAK AVE 10 CIVIC CENTER PLAZA
CAR.LSBAD , CA 9 2 0 0 8 SANTA ANA, CA 92702
MR. CHUCK MITCHELL MR. GERRY MAHONNEY
619,/4 3 8-56 0 4
213/307-1330
714/738-6845
714/834-7090
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
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!State of California 1
County O~S~A~WAW-P NT-o 1 ) ss.
L,FiAuw?Jc- , being first duly sworn, depos
_(Name)
I
JTi tl e)
and says that he or she is ?vp-s&b 3
<;(.R,L\FORN\A FuyFwRkii ~Alr\3.tsNM@eF,%W@ Nathe party making ti
foregoing bid that the bid is not made in the interest of, or on behalf of, a
undisclosed person, partnership, company, association, organization,
corporation; that the bid is genuine and not collusive or sham; that the bidd
has not directly or indirectly induced or solicited any other bidder to put
a false or sham bid, and has not directly or indirectly colluded, conspire
connived, or agreed with any bidder or anyone else to put in a sham bid, or th
anyone shall refrain from bidding; that the bidder has not in any manne
directly or indirectly, sought by agreement, communication, or conference wi anyone to fix the bid price, or of that of any other bidder, or to fix a overhead, profit, or cost element of the bid price, or of that of any 0th bidder, or to secure any advantage against the public body awarding the contra of anyone interested in the proposed contract; that all statements contained
the bid are true; and, further, that the bidder has not, directly or indirect1
submitted his or her bid price or any breakdown thereof, or the contents therec
or divulged information or data relative thereto, or paid, and will not pay, a
fee to any corporation, partnership, company association, organization, t
depository, or to any member or agent thereof to effectuate a collusive or sh bid.
I declare under penalty of perjury that the foregoi true and correct a
that this affidavit was executed on
(Name of Firm) =vNc.*
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(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED)
(CORPORATE SEAL)
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STATE OF C.4LIFORSI.4 On this.. ........... 15th day of.. August ... ....
COUNTY’OF .. .................... ss. mento ............. ....... ................ , a Notary Public, State 01
peared . .G?rd?*. .L:. . RaY
personally known to me (or proved to me on the basis of satisfactoi
to be the person who executed the within instrument as
or on behalf of the corporation therein named and 2c
such corporation executed the within instrument pursuant to its t
resolution of its boa
my official seal in th
.....................................................
IN WITNESS
Ths dxvrnent s miy a gs7e.a form &DL% may be propeer to, use m slrnpie
liansznm and UI rc way am w 8s tme?aed 10 aci as a suonnule lo! !he
ad- d an anmey The pmer 0x5 M ma<e any warranty enher express 01 mded as ID me
kg& valldfty d ay ponxn ~1 the wrdbln). o( mese lwms in any speatc transactm
Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation CC. C. Secs. 1190-1190 1) - (Rev. 1/83) MY commission expires July 19 5 1989
THIS CERTIFICATE I
NO RIGHTS UPON T EXTEND OR ALTER Pi c:E:I?Pt--Ro.t.hI?o i.2 $4 FluI-phy
'78C~I. Fo !.Zion, E Lvd Q p sae c 300
SbCI" 3m?n-t. I) p r_:A 95826 COMPANIES AFFORDING COVERAGE
9 3.43- 383-2222 COMPANY A Nary land Casua lt-y {:;a > LETTER
COMPANY
i
P
1
I 1 CODE SUB-CODE
1 INSURED LETTER B ca 1 "-c; *f!tP
Ca 1. i F p F'a~mrn~n-k Ha i rr-t-~:..i.mncr? COMPANY LETTER c i 939(1 E Ldea f:reeic Road
Sa@I" arI3sen.l.o COMPANY 958:?y LETTER D
LETTER E
Ch
1 COMPANY
CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1 '
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POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) ALL LIMITS IN THOU TYPE OF INSURANCE POLICY NUMBER ! co LTR i GENERAL AGGREGATE 1 GENERAL LIABILITY
$! COMMERCIAL GENERAL LIABILITY f,P87:f. :i./a'?cr8 2 :k/81/'88 !. :!./02/@? PRODUCTS-COMPIOPS AGGREGA1
PERSONAL & ADVERTISING INJUR
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
MEDICAL EXPENSE (Any one persot
COMBINED SINGLE $
BODILY INJURY $
BODILY INJURY $ (Per accident)
CLAIMS MADE x OCCUR. x OWNER'S & CONTRACTOR'S PROT I
~ x XC1J II.ICi ...I.JXi:IED
1
:i. ow 11 AUTOMOBILE LIABILITY 4 % x ANYAUTO WAA82 4315';1;38 1 :!.a'<)!./88 I.:kr'Ot/69 LIMIT
ALL OWNED AUTOS 1 SCHEINLED AUTOS (Per person)
I1 . 1 .-( HIRED AUTOS
6
x NON-OWNED AUTOS
I GARAGE LIABILITY PROPERTY $ DAMAGE
EACH EXCESS LIABILITY OCCURRENCE S $
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION STATUTORY
:k CWaH A
IP AND tr,iY98 I. ASQ 8/01./$9 i3/01/BC1 $ j. O&&AS
5 f (&@AS 1 I
ll 1, OTHER
I $
EMPLOYERS' LIABILITY
I
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I
L DESCRIPTION 01: OPERATlONS/LOCATlONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
11 p;:c: : j.wm-+w sw:E:E:'r's sujFt'Ft'Y m:~. FCi'C~ORlrS%[/S:OM-rAli?lC: r' MI 2 ~.~,w--as
&QI:!:[ 'Ir' :f E)Hfq.* :E ;4E;!...kRE:y:i f$gf:# PR I MAW 'f :I: N:<t.ffG;AhrCE- !,:NIZ:!f3RSI.i:MEfir 5; ~-T'!-$$ci-tEB
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE
Y
AYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER c::K*rv' CF CAR!,.ESEAD x 200 El ... M AtJENLE x~WRW&JRbaM%x3#4kk~E%S 0 C:ARi..,sBAD,. [::A 92008--a9ss
I
V"I.I..ILI\"b'IC "LI.L,1, IL
L 6" 0 I ULIUI IIUI.IYLIL. Lyo,ll
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL'
_- ADDITIONAL INSURED-OWNERS, LESSEES or CONTRACTORS (Form A) 0
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART. --
SCHEDULE I
Name of Person or Organlzatlon (AddltJonal Insured): Location oi
Covered Opera1 City of Carl sbad
1200 Carlsbad Village Drive 1988-89 Streets Slur
Carlsbad, CA 92008-1989 gram/Contract No. U/
Premium Basis Rates Advance Prem
Bodily Injury and (Per
Property Damage Liability cost . $1000 of cost) $ AT AUDIT
. - TotalAdvancePremIum $ AT AUDIT
(If no entry appears above, information required to complete this endorsement will be shown in the Dc as applicable to this endorsement.)
1. WHO IS AN INSURED (Section II) is amended to (a) All work on the project (( . include as an insured the person or organization service, maintenance. or (called "additional insured") shown in the Sched- De performed by or on be ule but only with respect to liability arising out of: additional insured(s) at the covered operations has 1 pleted; or - A. "Your work" for the additional insured(s) at the location designated above, or (b) That portion of "your wo which the injury or damage B. Acts or omissions of the additional insured(s)
been put to its intended L in connection with their general supervision
person or organization 0th of "your work" at the location shown in the
other contractor or sub( Schedule.
2. With respect to the insurance afforded these addi- engaged In performing ope tional insureds, the following additional provisions a principal as a part of apply: project.
A. None of the exclusions under Coverage A, (3) "Bodily injury" or "property except exclusions (a), (d), (e), (f), (h2). (i), arising out of any act or ornis and (m), apply to this insurance. additional insured(s) or any o
6. Additional Exclusions. This insurance does ployees, other than the genei
not apply to: sion of work performed for thc Insured(s) by you. (I) "Bodily injury" or "property damage'' for which the additional insured(s) are (4) "Property damage" to: obligated to pay damages by reason of (a) Property owned, used or o the assumption of liability In a contract or or rented to the additional agreement. This exclusion does not apply (b) Property in the care, cusk trot of the additional ins to liability far damages that the additional
over which the additional insured(s) would have in the absence of the contract or agreement. are for any purpose exerc (2) "Sodily injury" or "property damage" ical control; or
(c) "Your work" for the ad1 occurring after:
sure d (s) -
0
CG20091185 Copyright, Insurance Services Office, Inc., 1984
0 0 - c
a
0
CROSS LIADILITY/SEVEfUWILITY OF INTEREST
IH TIIE EVENT OF A CLAIM MADE OR IF A SUIT iS BROUGHT AGAINST AtlY INSUI
TtIE TERMS OF THIS POLICY SllALL BE CONSTRUED AS THOUGft SUCH INSURED WE1 THE ONLY INSURED IIEREUNDER, IRRESPECTIVE OF UHETIIER SuCt1 CLAIM OR SUI1
MADE OR BROUGIIT BY ANOTllER INSURED OR BY ANY OTHER PERSOd OR ORGANIZA'I TtIE SNlE AS IF A SEPARATE POLICY IiAD BEEH 1SSUED.TO EACH XHSURED, BUT TIIE COI4'At.IY 'S TOTAL LIABILITY. UNDER THIS POLICY. SfiALL NOT EXCEED THE LIMITS SIIOWN IRRESPECTIVE OF THE NUIIBER OF INSUREDS .. INVOLVED.
PRIMARY INSURANCE 0
IT IS AGREED TlIAT Tf{IS INSURANCE SHAl!. BE PRIMARY INSURANCE AHD IF
TtiE ADDITIONAL INSURED SHALL HAYE OTHER IHSURANCE AGAINST A LOSS COVE
BY TIIIS POLICY, TitAT OTHER INSUMNCE SHALL BE EXCESS INSURJINCE OtlLY.
A
Attached to Policy No, EP8711470.8 Issued by Maryland Ca
.. - Insured CALIFORNIA PAVEMENT MAINTENANCE
Effective Date of Coverage' ., 11/1/88 Expfration Date2 a
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1
CONTRACT - PUBLIC WORKS, $50,000 OR MORE
lhis Contract is made this 29% day of uu , 19Lz by ai between the City of Carlsbad, California, a muflcipal corporation, (hereaftc
, whose principal place of
c:alled "city") , and Cal ifornia Pavement Maintenance Conlpanv. Tnc-
8
Y-
business is 9390 Elder Creek Road, Sacramento, CA 95829
(hereinafter call ed "Contractor").
City and Contractor agree as foll ows:
1. Descriotion of Work. Contractor shall perform all work specified in t Contract documents for the 1988-89 Streets Slurry Seal Program, Contra U/M - 25 (hereinafter called "project").
2. Provisions of Labor and Materials. Contractor shall provide all lab0 materials, tools, equipment and personnel to perform the work specifi by the Contract documents.
3. Contract Documents. The Contract documents consist of this Contract; t Bid Documents, including the Notice to Bidders, Instructions to Bidder and Contractors' Proposals; the Plans and Specifications, the Speci Provisions, and all proper amendments and changes made thereto accordance with this Contract or the Plans and Specifications, and t bonds for the project; all of which are incorporated herein by tb reference.
The Contractor, the Contractor's sub-contractors, and materials suppl if shall provide and install the work as indicated, specified and implied the Contract documents. Any items of work not indicated or specified, t which are essential to the completion of the work, shall be provided the Contractor's expense to fulfill the intent of said documents. In 2 instances throughout the life of the Contract, the City will be t interpreter of the intent of the Contract documents, and the Citj decision relative to said intent will be final and binding. Failure the Contractor to apprise her/hi s subcontractors wi 11 not re1 i eve her/t of the responsi bi 1 i ty of compl i ance .
Payment. As full compensation for Contractor's performance of work unc this Contract, City shall make payment to the Contractor per Section
3 of the current edition of the Standard Soecifications for Public Wo* Construction. The closure date for each monthly invoice will be the 31 of each month.
Invoices from the contractor shall be submitted according to the requi City format to the office of the Utilities and Maintenance Director, 2 Las Palmas Drive, Carlsbad, California 92009-1519 no later than the day of each month. Payments will be delayed if invoices are received af the 5th of each month. The final retention amount shall not be relea until the expiration of thirty-five (35) days following the recording the Notice of Completion pursuant to California Civil Code Section 31
e
4.
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5. IndeDendent Inve,stiqation. Contractor has made an independer investigation of the job site, the soil conditions at the job site, ar all other conditions that might affect the progress of the work, and 4 aware of those conditions. The Contract price includes payment for a1 work that may be done by Contractor, whether anticipated or not, in ordc to overcome underground conditions. Any information that may have bet furnished to Contractor by City about underground conditions or other j( conditions is for Contractor's convenience only, and City does not warrar that the conditions are as thus indicated. Contractor is satisfied wil all job conditions, including underground conditions and has not re1 ic on information furnished by City.
6. Contractor ResDonsible for Unforeseen Conditions. Contractor shall I responsible for all loss or damage arising out of the nature of the wo or from the action of the elements or from any unforeseen difficultil which may arise or be encountered in the prosecution of the work until i acceptance by the City. Contractor shall also be responsible for expens incurred in the suspension or discontinuance of the work. Howeve Contractor shall not be responsible for reasonable delays in the completi of the work caused by acts of God, stormy weather, extra work or matte which the specifications expressly stipulate will be borne by City.
Chanse Orders. City may, wiithout affecting the validity of the Contrac order changes, modifications, deletions and extra work by issuance written change orders. Contractor shall make no change in the work witho the issuance of a written change order and Contractor shall not be entit'l to compensation for any extra work performed unless the City has issu a written change order designating in advance the amount of addition compensation to be paid for the work. If a change order deletes any wor the contract price shall be reduced by the unit price, lump sum price c if the amount cannot be determined from the Contract, by a fair a reasonable amount. If the parties are unable to agree on that amount reduction, the work shall nevertheless proceed and the amount shall determined by litigation. The only person authorized to order changes extra work is the Utilities and Maintenance Director. The written char order must be executed by the City Manager if it is for $15,000.00 or le or approved by the City Council and executed by the Mayor if the amoL of the change order exceeds $15,000.00.
8. Immiqration Reform and Control Act. Contractor shall comply with t requirements of the "Immigration Reform and Control Act of 1986" (8 1 Sec. 1101 - 1525).
9. Prevailincl Waqe. Pursuant to the California Labor Code, the Director the Department of Industrial Relations has determined the gene' prevailing rate of per diem wages in accordance with California Labor Coc Section 1773 and a copy of a schedule of said general prevail ing wage ra is on file in the Office of the Carlsbad City Clerk, and is incorpora by reference herein. Pursuant to the California Labor Code, Section 17 Contractor shall pay prevai 1 ing wages. Contractor shall post copies all applicable prevailing wages on the job site.
3
7.
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10. Indemnity. Contractor shall assume the defense of, pay all expenses o defense, and indemnify and hold harmless 'the City, and its officers an employees, from aTl claims, loss, damage, injury and liability of ever kind, nature and description, directly or indirectly arising from or i connection with the performance of the contract or work; or from an fai 1 ure or a1 1 eged fai 1 ure of Contractor to comply with any appl icabl e 1 aw rules or regulations including those relating to safety and health; excep for loss or damage which was caused solely by the active negligence of th City; and from any and all claims, loss, damage, injury and liability howsoever the same may be caused, resulting directly or indirectly fro the nature of the work covered by the Contract, unless the loss or damag was caused solely by the active negligence of the City. The expenses o defense include all costs and expenses, including attorney's fees fc litigation, arbitration, or other dispute resolution method.
:I1. Insurance. Without limiting Contractor's indemnification, it is agret that Contractor shall maintain in force at all times during the performanc of this agreement a policy or policies of liability insurance at lea? $1,000,000.00 combined single 1 imit covering its operations, includir coverage for contractual 1 i abi 1 i ty and insurance covering the 1 i abi 1 i 1 set forth herein.
Contractor's 1 iabil ity insurance policies shall contain the followir cl auses :
A. "The City is added as an additional insured as respects operations ( the named insured performed under contract with the City."
"It is agreed that any insurance maintained by the City shall app in excess of and not contribute with, insurance provided by th pol icy."
All insurance policies required by this paragraph shall contain t following clauses:
A. "This insurance shall not be cancelled, limited or non-renewed unt after thirty days written notice has been given to the City."
B. "The insurer waives any rights of subrogation it has or may hav against the City or any of its officers or employees."
Certificates of insurance evidencing the coverages required by the cl aus set forth above shall be filed with the Utilities and Maintenance Direct prior to the effective date of this agreement.
Section 3700 of the California Labor Code. Contractor shall also ass1 the defense and indemnify and save harmless the City and its officers 2 employees from all claims, loss, damage, injury and liability of evc kind, nature and description brought by any person employed or used Contractor to perform any work under this Contract regardless responsi bi 1 i ty for negl i gence .
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B. 0
12. Workers' ComDensation. Contractor shall comply with the requirements
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1
1.3. Proof of Insurance. Contractor shall submit to the Utilities ar Maintenance Director certification of the policies mentioned in Paragrapt
10 and 11 or prodf of workers’ compensation self-insurance prior to tl start of any work pursuant to this Contract.
l4. Claims and Lawsuits. Contractor shall comply with the Government To) Claims Act (California Government Code Section 900 et seq.) prior to filii any lawsuit for breach of this Contract or any claim or cause of actic for money or damages.
15. Maintenance of Records. Contractor shall maintain and make available i no cost to the City, upon request, records in accordance with Sections 17; and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Cod If the Contractor does not maintain the records at Contractor’s princip place of business as specified above, Contractor shall so inform t Utilities and Maintenance Director by certified letter accompanying t return of this Contract. Contractor shall notify the Utilities a Maintenance Director by certified mail of any change of address of su records.
16. Labor Code Provisions. The provisions of Part 7, Chapter 1, commenci with Section 1720 of the California Labor Code are incorporated herein reference.
17. Security. Securities in the form of cash, cashier’s check, or certifi check may be substituted for any monies withheld by the City to secu performance of this Contract for any obligation established by th Contract. Any other security that is mutually agreed to by the Contract and the City may be substituted for moneys withheld to ensure performar under this Contract.
18. Provisions Rewired by Law Deemed Inserted. Each and every provision law and clause required by law to be inserted in this Contract shall deemed to be inserted herein and included herein, and if, through mist; or otherwise, any such provision is not inserted, or is not correct inserted, then upon application of either party the Contract shz forthwith by physically amended to make such insertion or correction.
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I,'. Additional Provisions. Any additional provisions of this Contract ai set forth in the "SpeCi a1 PrOVi Si Ons" and "Specifications" attached herel -1) and made a part kereof.
Contractor
(,NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED.)
BY
Title
(CORPORATE SEAL)
APPROVED AS TO FORM: A'
1 L R.L
City Attorney ye 27- 8-7.
9
k
..
STATE OF CALIFORSI.4
.,..... .. COUNTY OF .. saCra?ent? .........
to be the person who execut
.. or on behalf of the corporation therein named and acknowledged to 1
such corporation executed the within instrument pursuant to its bY-12
resolution of its boa
above in this cer
Ws docurnmi I only a gener.d form he. may be pox! lor use an stwk
van-- ad m 10 "8) am, of I mi& tc am. as a subsnule fm he ajw d an anwry. The pmef mes w, ma- any rananty enhet erpress 0' ,mplie6 as to W
)epd "aid% 01 ay pornsum 01 me suraslq a! mese Imms many Wr Iransacbm.
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Cowdery's Form No. 28 - Acknowledgement to Notary Public - MY commission expires July 19, 1989 Corporation (C. C. Sees. 1190-1190.1) - (Rev. 1/83]
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CONTRACTOR'S CERTIFICATION OF AWARENESS OF WORKERS' COMPENSATION RESPONSIBILITY
"I am aware of the provisions of Section 3700 of the California Labor Code whicl requires every empl oyer to be insured against 1 i abi 1 i ty for workers' compensat i 01 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 th work of this Contract."
e
Contractor
CONTRACTOR'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986
"I am aware of the requirements of the "Immigration Reform and Control Act c 1986" (8 USC Sec. 1101 - 1525) and have complied with these requirements including but not limited to verifying the eligibility for employment of a1 agents, employees, sub-contractors and consultants that are included in thi Contract. I'
a
Contractor e
I[ hereby certify that
.in performing under the Purchase Order awarded by the City of Carlsbad, wi'
Board of Supervisors, including a1 1 current
, comply with the County of San Diego Affirmative Action Program adopted by tl
* q-as*Ss Date
Title
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION MUST BE ATTACHED.)
(CORPORATE SEAL)
t
a
e
..
STATE OF CALIFORXI.4
.................. C0U"TY OF .. sacra?e?t? ......... ...................
............ ..................
such corporation executed the within instrument pursuant to its by-l
resolution of its boa
..........
hi5 dmmenl~6 only a genera Iorm rhd, may ix proper for use In sompte
IZnShcms am¶ m ro way am. D, D mewee IC aci as a 5ubn119e 101 N
adwe d m antmq. The pime, das 00: mere any wananty enhet eyress or impled as lo W
k@ vald6y of my ponvwl (II the wn&16y d these Iwms m any @r 1rangaciom
Cowdery',s Form No. 28 - Acknowledgement to Notary Public - Corporation tC. C. Secs. 1190-1190.1) - (Rev. 1/83] MY commission expires July 19 9 1989
Bond No. I31727867
Premium Included in Performance Bond 19
LABOR AND MATERIALS BONO
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 89-336 , adopted Ant.- 17- 1989
19”8’-89 Streets Slurry Seal Program, La ifornia Pav~m~n+ thi “Principal “), a-6 ’ Contract No. U/M - 25, in the City of Carlsbad, in strict conformity with the
drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which art incorporated herein by this reference.
WHEREAS, said Principal has executed or is about to execute said Contract anc the terms thereof require the furnishing of a bond with said Contract, providinc that if said Principal or any of his/her or its sub-contractors shall fail ti 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 wor
01“ labor done thereon of any kind, the Surety on this bond will pay the same t the extent hereinafter set forth.
Principal, (hereinafter designated as the ‘tC-J ’ La’“*
- as Surety, are held’firmly bound unto the Cit
of Carlsbad in the sum of Iif vnri t lun an - ‘<ci Psimu 66-
percent (50%) of the estimate Y of Carlsbad under tt
terms of the Contract, for which payment well and truly to be made we bir
ourselves, our heirs, executors and administrators, successors, or assign! jointly and severally, firmly by these presents.
1HE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her SUI contractors fail to pay for any materials, provisions, provender or 0th supplies, or teams used in, upon, for or about the performance of the wo contracted to be done, or for any other work or labor thereon of any kind, for amounts due under the Unemployment Insurance Code with respect to such wo or labor, that the Surety or Sureties will pay for the same, not to exceed t :sum specified in the bond, and, also, in case suit is brought upon the bond, reasonable attorney’s fee, to be fixed by the court, as required by 1 lprovisions of Section 3248 of the California Civil Code.
This bond shall insure to benefit of any and all persons, companies i corporations entitled to file claims under Title 15 of Part 4 of Division 3 the California Civil Code (commencing with Section 3082).
- 0
, has awarded to
nti Tnr (hereinafter designated as
NOW, THEREFORE, WE, Cal jfornia Pavpmpnt v Tnr ra
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*
In the event any Contractor above named executed.this bond as an individual,
is agreed the death of my such Contractor shall not exonerate the Surety fr its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor a
Surety above named, on the
a
day of September 9 1989 . 19~~
(NOTARIAL ACKNOWLEDGEMENT OF
EXECUTION FOR EACH SIGNER Contractor MUST BE ATTACHED.)
9
(CORPORATE SEAL) RELIANCE INSURANCE COM~AW
A
I IhC /d/ALh
5 surpY Joseph H. Weber, Attorney-in-Fa
I/
ss. STATE OF CALIFORNIA)
COUPTTY OF SACRAMENTO)
On this 19th day of September ,
in the year 1989, before me a Notary Public, personally appeared Joseph personally known to me (or proved to me on the basis of satisfactory evidence)
person whose name is subscribed to this instrument as the Attorney-In-Fact on
the corporation therein named and acknowledged to me that the corporation execut
-s. ”’------ .
Michelle Anne Furno MoW Puhiic - California
’ SACRAMENTO COUNTY
ires -..--- Aug. .i 31, 1593
..... ... STATE OF C.ALIFORSI.1. On this .... .25.!h.. day of.. .$epLembe.r..
COUNTY OF., sacra?ento.. ss. .................................... 1989 .................... ,be . ...... , a Notary Public, State of Ca ............... Ily appeared. .G!?T
....................................................
personally known to me (or proved to me on the basis of satisfactory e
to be the person who executed the within instrument as. .P.re.s ide.nt
or on behalf of the corporation therein named and acknowledged to
such corporation executed the within instrument pursuant to its by-1:
resolution of its board of directors.
IN WITNESS W have hereunt
my oficial seal in the .... S
...........
Ths dmmenl n onk a gem& lonn A&, may h poxr lor use en siqk e .n
1ianSMo-u and an K) way am (I n merjec IC ac( as a subntlne Its me
ad- d an an-y TN ptmer 6e-z~ WI wake my wananty enhel erpress 01 omdao as Io me
@4 valdq d my ponm D( the surabiny d these forms on any Ws 1ranSanon
Cowdery’s Form No. 28 - Acknowledgement to Notary Public - Corporation (C. C. Secs. 1190-1190.1) -(Rev. 1/83) MY commission expires July 19 a 1989
~~ -------J -*--usud~~fi ~WLVAPANY
HEAD OF FICk PHILADELPHIA, PENNSYLVAN(A
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY. a axpotation duly orpnizad under the lam c
Psnnsylvania. does hereby make, constitute and appoint
JOSEPH H. WEBER Of SACRAMENTO, CALIFORNIA--- 0
its true and lawful Attorney-in-Fact, to make, execute. seal and daliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the mme extent as if such bonds and undertakings and a
&ligatory in the nature thereof me signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and atterted
of such officers. and heby ratifies and confirms all that its said Attorney(t)in-Faa my do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VI1 of the By-Laws of RELIANCE INSURANCE COMPANY wl
affective September 7,1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors. the President, tha Chairman of the Board, any Senior Vice Residant, any Vim President or Assistant V' or other officer designated by the Board of Directors shall haw power 8nd authority to (a) appoint Attorneysin-Fact and to authorize then on behalf of the Cwnpeny. bods and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature the1
to remow any such Attorney-in-fact at any time and revoke the power and authority Oiven to him.
2. Attornays-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, and deliver on behalf of the Compmy, bonds and undertakings, rsoognizances, contracts of indemnity and other writings obligatory in the net1
Ttn, corporate sd is not nececsary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other Writiw
n?. the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognirsnces. contraci
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the CO
to copies of the By-Laws of the Company or any artida or section thereof.
This power of attorney is signed and sealed by. facsimile under and by authority of the following Resolution adopted by the Board of I
ELIANCE INSURANCE COMPANY at a meeting held on the 6th day of June, 1979, at which a quorum vas present, and said Resolution h dad or repealed:
"Resolved.that the signatures of such directors and officers and the real of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be wlid and bindiw upon the Company and any such power so exscoted and arrtified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to *ich it is attached."
&
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corpc
be hereto affixed, this 9th day of August '83 -
RELIANC JNSURANC PANY
i . , ., 7g=L=-A:ipJ @ Vice dfA President
STATE OF Washington } ss. COUNTYOF ~i~~
On this 9th day of August ,183 , cxrronafly appeared Charles B. Schmalz
to me known to be the Viceresident of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the
instrument and affixed the seal of said corporation thereto. and that Article VI(, Section 1, 2, and 3 of the By-Lsws of said Company and tf Y tion, set forth therein, are stili in full force.
My Commission Expires:
July 20.19 86
Milton Residing at
Charles J. Falskow . Assistant Secrary of the RELIANCE INSURANCE COMPANY. do hereby certify that 1
foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY. which is still in full f &.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Compeny this 19th day of September @ Assistant Secretary C/-Jy? gL
BDR-I431 ~d. 6/79
mnu NO. Bi/Litlb/
Premium $ 523.00
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, b Resolution No. 89 - 376 , adopted mer 17. 1989 , has awarded t
F! Cn anv. Tnc. ,- (hereinafter designated a the "Principal"), a Contract forvth$- 1988-89 Streets Slurry Seal Progran Contract No. U/M - 25, in the City of Carlsbad, in strict conformity with tt contract, the drawings and specifications, and other Contract documents now ( file in the Office of the City Clerk of the City of Carlsbad all of which a) incorporated herein by this reference.
WHEREAS, said Principal has executed or is about to execute said Contract ar the terms thereof require the furnishing of a bond for the faithful performant of said Contract;
NOW, THEREFORE, WE, C,qlifnrnia In Principal, (hereinafter designateK , as Surety, are held a firmly bound unto the City of Carlsbad, in the sum of One hundred sixteen tho dred twentv five a nd OO/lOO--------------------- Dollars (5116,225.35), sa sum being equal to one hundred percent (100%) of the estimated amount of t Contract, to be paid to the said City or its certain attorney, its successo and assigns; for which payment, well and truly to be made, we bind ourselve our heirs, executors and administrators, successors or assigns, jointly a severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Contractc his/her or its heirs, executors, administrators, successors or assigns, sha
in all things stand to and abide by, and well and truly keep and perform t covenants, conditions and agreements in the said Contract and any alterati thereof made as therein provided on his/her or their part, to be kept 2 performed at the time and in the manner therein specified, and in all respec according to their true intent and meaning, and shall indemnify and save harmlc the City of Carlsbad, its officers and agents, as therein stipulated, then tt obligation shall become null and void; otherwise it shall remain in full for and virtue.
As a part of the obligation secured hereby and in addition to the face am01 specified therefore, there shall be included costs and reasonable expenses fees, including reasonable attorneys' fees, incurred by the City in successfu enforcing such obligation, all to be taxed as costs and included in any judgemi rendered.
And said Surety, for value received, hereby stipulates and agrees that no chan extension of time, alteration or addition to the terms of the Contract, or the work to be performed thereunder or the specifications accompanying the s shall affect its obligations on this bond, and it does hereby waive notice any change, extension of time, alterations or addition to the terms of Contract, or to the work or to the specifications.
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In the event that any Contractor above named executed this bond as an individua' it is agreed that the death of any such Contractor shall not exonerate the Sure' from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor ar Surety above named on the 19thday of September , 1989 .
@
(NOTARIAL ACKNOWLEDGEMENT OF Contractor
EXECUTION FOR EACH SIGNER MUST BE ATTACHED.)
RELIANCE INSURANCE COMPANY
D -_ (CO RPQRAT E SEAL )
j& /?/PA 1 Surety ,''oseph H. Weber, Attorney-in-Fal
._ , ss - STATE OF CALIE'ORNIA)
COUNTY OF SACRAMENTO)
I :1 this 19th day of September , z .':. in the year 1989, before me a Notary Public, personally appeared Joseph H.
. prsonally known to me (or proved to me on the basis of satisfactory evidence) tc
person whose name is subscribed to this instrument as the Attorney-In-Fact on bt
the corporation therein named and acknowledged to me that the corporation executed
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-**-
rchel!e Anne Furno
Notary Public - Catiforria '
AMEMTO COUNTY i
ssion Expires Aug. 31, 1993
c*--u.. e---
STATE OF CALIFORSI.4
COUNTY OF .. sacraTpe?t? .........
5.65.. ..... day of.. ... .$eptembe.r ............ , in they ........... ss.
duly licensed and sworn, personally appeared
personally known to me (or proved to me on the basis of satisfactory eviden
to be the person who executed the within instrument as. .?.re
or on behalf of the corporation therein named and acknowledged to me t€
such corporation executed the within instrument pursuant to its by-laws 0:
resolution of its board of directors.
hand and affix
..................................................... ...................
WS &xumen1(5 m+y a genefa tom rhb. may bc p0-r (or use m smpe ~'mwtlons arzl m no way am. 01 6 mened v. LC. as a su5stn.m 101 N
de d an anmy. The wmer OOes no: make any raranty enher ewes 01 ,mp18ec as lo he @* valddny D( *'Y pov~uon gr me 5urlaS15 d mex fgrms In any &s tr,,n~an,~~(.
Cowdery's Form NO. 28 - Acknowledgement to Notary Public - Corporalion CC. c. Scs. 1190-1190.1) - thv. 1/83)
Notary Public, State of Californ
MY commission expires July 19, 1989
HEAD OFF IC€. PHI LAO E LPH I A, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organired undar tha law t
Pennsylvania, dom hereby make, anslitUte and appoint a JOSEPH II - WEBER of SACRAMENTO, CALIFORNIA---
its true and lawful Attorney-in-Fact, to make, execute. seal and daliver for and on its behalf, and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP------
and to bind tha RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and I
obligatory in tha nature thereof ware signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested
of such officers, and hereby ratifies and confirms all that its said Attorney(s)in-Fact may do in pursuance hereof.
This Power of Attorney b granted under and by authority of Article VI1 of the By-Laws of RELIANCE INSURANCE COMPANY (I
effective September 7,1978. which provisions are now in full form and effect. reading as follows:
ARTICLE VI1 - EXECUTION OF BONOS AND UNOERTAKINGS
1. The Board of Directors. the Resident. the Chairman of ths Board, any Senior Via Resident, any Vice President or Assistant V
or other offim designated by the Board of Directors shll haw power 4nd authority to (a) appoint Attornaysin-Fact 4nd to muthorize the1
on behalf of the Company. bonds md undertakings. racognitsnosr. a)ntmcts of indemnity and 0th writinas oblhtory in tho Iuture thc
to remow any utd, Attorneyin-Fact st any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shdl have power and authority. subject to the terms and limitations of the power of attorney issued to then
end ddiveron behalf of the Compny, bonds and undertakings, rscognizanms. contracts of indemnity 4nd other writings OMigatory in the M Tha corporate seal is not necusary for the validity of any bonds and undertakings, reoognizancas, contracts of indemnity and other writiq
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to exme affidavits rsquird to be attaw to bond& recognizanms. contra
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the fin9ndd statement of the C
to copies of the By-Lam of the Company or any article or section thereof.
This power of attorney K signed and sealed by- facsimile under and by authority of the following Resolution adopted by the Board of
RELIANCE INSURANCE COMPANY at a meeting held on the 6tl1 day of June, 1979, at which a quorum was present. and said Resolution
amended or repaaled:
"Resalved.tht the signatures of such directors and officers and the seal of the Compny may be affixed to any such power of
attorney or any cu-tifikate rsbting thereto by facsimile, and any such power of attorney or certifikate bearing such facsimile
signatures or fadimila seal shall be valid and binding upon the Company and any such power so elocuted and certified by
facsimile signatures and facsimile seal shall be valid ond binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
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IN WITNESS WHEREOF. ihe RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President.and itsmy:
be hereto affixed, this 9th &YOf August '%3 .
RELIANC INSURANC PANY @ Vice &4!7d& i President ._ , 7gLA,m?J
STATE OF Washington } ss.
CoUNTYoF King
On this 9th day of August , '$3 , personally appeared Charles B. Schmalz
to ma known to be the VicePresident of the RELlANCE INSURANCE COMPANY. and acknowled& that he executed and attested t
instrument and affixed the seal of said corporation thereto. and that Article VII, Section 1, 2, and 3 of the By-Lsws of said Company a?
tion, set forth therein, are still in full force.
My Commission Expiraz:
July 20.19 86
Miltoi Residing at
1, Charles J. Falskow , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby artify tha!
wd foregoiw is a true and correct oopy of a Power of Attorney executed by said RELIANCE (NSURANCE COMPANY, which is still in ful
fsct.
qN WY(TNESS WHEREOF. I have hereunto set my hand and affixed the mal of said Compeny this 19th dry of September
BOR-1431 Ed. 6/79 @ histant Secretary CL,A# 25
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ESCROW AGREEMENT FOR SURETY DEPOSITS IN LIEU OF RETENTION
4.
This Escrow Agreement is made arid entered into by and between the City e Carlsbad whose address is 1200 Elm Avenue, Carlsbad, California 92001 hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent",
For the consideration hereinafter set forth, the Owner, Contractor and Escrc Agent agree as follows:
1. Pursuant to Section 22200 of the Public Contract Code of the State ( California, Contractor has the option to deposit securities with Escrc Agent as a substitute for retention earnings required to be withheld I City pursuant to the Construction Contract entered into between the Ci' and Contractor for the 1988-89 Streets Slurry Seal program, Contract NI
U/M - 25, in the amount of $ dated (hereinafter referred to as the "Contract". attached as Exhibit "A". When Contractor deposits the securities as substitute for Contract earnings, the Escrow Agent shall notify the Ci. within ten days of the deposit. The market value of the securities at tl time of substitution shall be at least equal to the cash amount the required to be withheld as retention under the terms of the Contrac between the City and Contractor. Securities shall be held in the name I
and shall designate the Contractor as the beneficial owner. Prior to ai disbursements Escrow Agent shall verify that the present cumulative markc value of all securities substituted is at least equal to the cash amoui of all cumulative retentions under the terms of the Contract.
2. The City shall make progress payments to the Contractor for such fun( which otherwise would be withheld from progress payments pursuant to tl Contract provisions, provided that the Escrow Agent holds securities the form and amount specified above.
Alternatively, the City may make payments directly to Escrow Agent in tl amount of retention for the benefit of the City until such time as tl escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expense incurred by Escrow Agent in administering the escrow account. The: expenses and payment terms shall be determined by the Contractor and Escrc Agent.
The interest earned on the securities or the money market accounts he in escrow and all interest earned on that interest shall be for the so account of Contractor and shall be subject to withdrawal by Contractor l any time and from time to time without notice to the City.
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A copy of said Contract
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6. Contractor shall have the right to withdraw all or any part of tl principal in the,Escrow Account only by written notice to Escrow Age1 accompanied by written authorization from City to the Escrow Agent thi City consents to the withdrawal of the amount sought to be withdrawn I Contractor.
The City shall have a right to draw upon the securities in the event c default by the Contractor. Upon seven days written notice to the Escrc Agent from the City of the default of the Contractor, the Escrow Age1 shall immediately convert the securities to cash and shall distribute tl cash as instructed by the City.
Upon receipt of written notification from the City certifying that tt Contractor is final and complete, and that the Contractor has complied wit all requirements and procedures applicable to the Contract, Escrow Ager shall release to Contractor all securities and interest on deposit le2 escrow fees and charges of the Escrow Account. The escrow shall be close immediately upon disbursement of all moneys and securities on deposit ar payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and tt Contractor pursuant to Sections 4 to 6 inclusive, of this agreement ar the City and Contractor shall hold Escrow Agent harmless from Escrc Agent’s release and disbursement of the securities and interest as s( forth above.
The names of the persons who are authorized to give written notices or 1 receive written notice on behalf of the City and on behalf of tt Contractor in connection with the foregoing, and exemplars of tk respective signatures are as follows:
For City: Title Name Signature Address
Name Signature Address
Name Signature Address
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9.
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For Contractor: Title
For Escrow Agent: Title
At the time the Escrow Account is opened, the City and Contractor shal deliver to the Escrow Agent a fully executed counterpart of this Agreement
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IN WITNESS WHEREOF, the parties have executed this .Agreement by their proper 0 officers on the date first set forth above.
For City : Title Name Si gnat ure
For Contractor: Title Name Si gnat ure
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0 ' SPECIAL PROVISIONS
1. PLANS AND SPECIFICATIONS
A. The plans consist of location listing and map delineating the work 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, the Special Provisions and the Specifications contained herein.
B.
2. WORK TO BE DONE
The work to be done shall consist of furnishing all labor, equipment and materi a1 s and performing a1 1 operations necessary to complete the project work as shown on the project plans and as specified in the specifications. Expeditious commencement and completion of work is of prime importance.
3. DEFINITIONS AND INTENT
A. Utilities and Maintenance Director:
The title shall mean the Utilities and Maintenance Director or his approved representative.
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B. Directions:
Where the words "directed", "designated", 'Isel ected" 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 approved by the Utilities and Maintenance Director" unless stated otherwise.
Equal s and Approval s:
Where the words "equal I(, "approved equal I*, "equi Val ent'l 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", "approval 'I, "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Utilities and Maintenance Director is intended.
C.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at own expense, shall perform all operations, and shall provide all e
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labor, tools and equipment, and further, including the furnishing an installing of materials that are indicated, specified, or required t mean that the- Contractor, at own expense, shall furnish and instal the work, complete in place and ready to use, including furnishing c necessary labor, materials, tools, equipment and transportation.
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4. CODES AND STANDARDS
Standard specifications incorporated in the requirements of tb specifications by reference shall be those of the latest edition at th time of receiving bids. It shall be understood that the manufacturers c producers of materi a1 s so required either have such speci f i cat i or available for reference or are fully familiar with their requirements a pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A. A construction schedule is to be submitted by the Contractor PC Section 6-1 of the SSPWC at the time of the preconstructic conference. No changes shall be made to the construction schedul without the prior written approval of the Utilities and Maintenanc Director.
Any progress payments made after the scheduled completion date shal not constitute a waiver of this paragraph or any damages. B.
C. Coordination with the respective utility company for removal ( relocation of conflicting utilities shall be requirements prior 1 commencement of work by the Contractor.
The Contractor shall begin work within 5 work days, unless otherwi: specified by the Utilities & Maintenance Director, after being du- notified by an issuance of a "Notice to Proceed" and shall diligent' prosecute the work to completion within the number of consecuti\ calendar days, workdays, weeks specified in the "Notice to Proceed
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6. NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming to tl plans or specifications upon written order by the Uti1 ities and Maintenanc Director. Any cost caused by reason of this nonconforming work shall i borne by the Contractor.
7. GUARANTEE
All work shall be guaranteed for one (1) year after the recording of "Notice of Compl eti on" and any faulty work or materi a1 s di scovered duri I the guarantee period shall be repaired or replaced by the Contractor.
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8. MANUFACTURER’S INSTRUCTIONS
Where installation of work is required in accordance with the produc manufacturer’s directions, the Contractor shall obtain and distribute th necessary copies of such instruction, including two (2) copies to th Utilities and Maintenance Director upon completion of work and prior t the filing of Notice of Completion.
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9. INTERNAL COMBUSTION ENGINES
All internal combustion engines used in the construction shall be equippe with mufflers in good repair when in use on the project with specia attention to City Noise Control Ordinance No. 3109, Carlsbad Municipa - Code, Chapter 8.48.
10. CITY INSPECTORS
All work shall be under the observation of the Inspector(s) designated t the Utilities and Maintenance Director. The Inspector(s) shall have frc access to any or all parts of work at any time. The Contractor sha- furnish the Inspector(s) with such information as may be necessary to ke( the Inspector(s) fully informed regarding progress and manner of work ai character of materials. Inspection of work shall not relieve tl 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 insert1 in this Contract shall be deemed to be inserted herein and the Contra( shall be read and enforced as though it were included herein, and i through mistake or otherwise, any such provision is not inserted, or not correctly inserted, then upon application of either party, th Contract shall forthwith be physically amended to make such insertion I correction.
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12. INTENT OF CONTRACT DOCUMENTS
The Contractor, the Contractor’s subcontractors and materials suppl ie shall provide and install the work as indicated, specified and implied the Contract documents. Any items of work not indicated or specified, b which are essential to the completion of the work, shall be provided the Contractor’s expense to fulfill the intent of said documents. In a instances throughout the life of this Contract, the City will be t interpreter of the intent of the Contract documents and the City’s decisi relative to said intent will be final and binding. Failure of t Contractor to apprise Contractor’s subcontractors and materials supplie of this condition of the contract will not relieve him/her of t responsibility of compliance.
13. SUBSTITUTION OF MATERIALS
The Proposal of the Bidder shall be in strict conformity with the drawir and specifications and based upon the items indicated or specified. 1 a
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Contractor may offer a substitution for any material, apparatus, equipmen or process indicated or specified by patent or proprietary names or b names of manufacturer which the Contractor considers equal in every respec to those indicated or specified. The offer made in writing, shall includ proof of the State Fire Marshal's approval (if required), all necessar information, specifications and data. If required, the Contractor, at th Contractor's own expense, shall have the proposed substitute, material apparatus, equipment or process tested as to its quality and strength, it physical, chemical or other characteristics, and its durability, finish or efficiency, by a testing laboratory as selected by the City. If th substitute offered is not deemed to be equal to that so indicated o specified, then the Contractor shall furnish, erect, or install th material, apparatus, equipment or process indicated or specified. Suc substitution of proposals shall be made prior to beginning of constructior if possible, but in no case less than ten (10) days prior to actu; i nstal 1 at i on.
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14. RECORDS
The Contractor shall keep a current record of the completed areas 1 include times, dates and other pertinent data, and submit to an assign( Inspector at the end of each work day or at the beginning of the next wo1 day, upon request by an assigned Inspector.
15. PERMITS
A. The general construction, electrical and plumbing permits will 1 issued by the City of Carlsbad at no charge to the Contractor. Tt Contractor is responsible for all other required licenses and fee:
B. A Right-of-way Permit will be required to be obtained by t Contractor as soon as the Contractor is notified of selection as t Contractor for the project. Compensation for the permit shall included within the contract costs and no additional compensation wi be made. When apDlvinq for the permit, traffic control plans for t areas of work are rewired, in addition to other requirement Traffic control plans shall conform to the latest edition of the Sta of Cal i forni a, Department of Transportation Traffic Manual , Manual Traffic Control for Construction and Maintenance Work Zone Submittal of traffic control plans to the Traffic Engineer a minim of two (2) weeks prior to the preconstruction meeting is necessary allow proper time for review, corrections, resubmissions and fin approval prior to the preconstruction meeting.
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16. OUANTITIES IN THE SCHEDULE
A. The quantities given in the proposal by the City for unit price iten are for comparing bids and may vary from the actual final quantitie Some quantities may be increased and others may be decreased entirely eliminated. No claim shall be made against the City 1 damage occasioned thereby or for loss of anticipated profits, t Contractor being entitled only to compensation for the actual wc done at the unit prices bid. e
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The City reserves and shall have the right, when confronted wit unpredicted conditions, unforeseen events, or emergencies, to increas or decrease the quantities of work to be performed under a bid uni price item or to entirely omit the performance thereof, and upon th decision of the City to do so, the Utilities and Maintenance Directo will direct the Contractor to proceed with the said work as s modified. If an increase in the quantity of work so ordered shoul result in a delay to the work, the Contractor will be given a equivalent extension of time. A Change Order must be issued prior t any change in work in accordance with the Contract, item 7.
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17. SAFETY & PROTECTION OF WORKERS AND PUBLIC
A. The Contractor shall take all necessary precautions for the safety ( employees on the work and shall comply with all applicable provisior of Federal, State and Municipal safety laws and building codes i prevent accidents or injury to persons on, about or adjacent to tl areas where the work is being performed.
B. The Contractor shall erect and properly maintain at all times, ( required by the conditions and progress of the work, all necessai safeguards for the protection of workers and public and shall PO' danger signs warning against hazards.
18. SURVEYING
The Contractor shall employ a licensed land surveyor or registered civ engineer to perform necessary surveying for this project. Requiremen of the Contractor pertaining to this item are set forth in Section 2-9 of the SSPWC. Contractor shall include cost of surveying service with appropriate items of proposal. No separate payment will be made.
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19. UTILITIES
A. Utilities for the purpose of these specifications shall be consider as including, but not limited to pipe lines, conduits, transmissi lines, and appurtenances of "Public Utilities" (as defined in t Public Utilities Act of the State of California) or individual solely for their own use or for the use of their tenants, and sto drains, sanitary sewers, and street lighting. The City of Carlsb and affected uti1 ity companies have, by a search of known record endeavored to locate and indicate on the Plans all utilities whi exist within the limits of the work. However, the accuracy completeness of the utilities indicated on the Plans is r guaranteed. Service connections to adjacent property may or may r be shown on the Plans. It shall be the responsibility of 1 Contractor to determine the exact location and elevation of i utilities and their service connections. The Contractor shall mi own investigation as to the location, type, kind of material, age i condition of existing utilities and their appurtenances and serv- connections which may be affected by this Contract work, and addition the Contractor shall notify the City as to any utili! appurtenances, and service connections 1 ocated which have bc incorrectly shown on or omitted from the Plans.
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B. The Contractor shall notify the owners of all utilities at least 41 hours in advance of excavating around any of the structures. At tht completion of the Contract work, the Contractor shall leave al' utilities and appurtenances in a condition satisfactory to the owner' and the City. In the event of damage to any utility, the Contractoi shall notify the owners of the utility immediately. It is thc responsibility of the Contractor to compensate for uti1 ity damages.
C. The temporary or permanent relocation or alteration of utilities including service connections, desired by the Contractor for owi convenience shall be the Contractor's own responsibility, and shal make all arrangements regarding such work at no cost to the City. I. delays occur due to utilities relocations which were not shown on thr Plans, it will be solely the City's option to extend the completioi date.
In order to minimize delays to the Contractor caused by the failuri of other parties to relocate utilities which interfere with th construction, the Contractor, upon request to the Utilities an Maintenance Director, may be permitted to temporarily omit the portio of work affected by the utility. The portion thus omitted shall b constructed by the Contractor immediately following the relocation o the utility involved unless otherwise directed by the Utilities an Maintenance Director.
E. All costs involved in locating, protecting and supporting of a1 utility lines shall be included in the price bid for various items o work and no additional payment will be made.
The Contractor shall notify Underground Service Alert far enough i advance of the work to allow marking of the utility locations at th various sites.
G. It shall be the responsibility of the Contractor to protect a1
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existing utilities.
20. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water utilized during tt- construction under this Contract. The Contractor shall contact tl appropriate water agency for requirements and shall include cost of watt and meter rental within appropriate items of proposal. No separate paymer will be made.
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SPECIFICATIONS FOR
1988-89 STREETS SLURRY SEAL PROGRAM 0
1. The work to be done consists of furnishing all labor, material, tools equipment and incidentals necessary for the complete application of Typ 2 Slurry Seal on the Streets as indicated on the attached location listin and as specified herein.
Traffic control measures incl udi ng street cl osures, detours and barricade will be as required in item 15 B, Permits, in the Special Provisions an in accordance with the approved traffic control plan.
3. The Contractor shall not close any street within the City of Carlsba without first obtaining the written approval of the City Engineer.
4. The Contractor shall provide and install barricades, delineator warnir devices, and construction signs in accordance with the latest edition at revisions of the State of California, Department of Transportation Traff. Manual, Manual of Traffic Control s for Construction and Maintenance Woi Zones. During adverse weather or unusual traffic or working conditiot additional traffic control devices shall be placed as directed by tl Utilities and Maintenance Director. All traffic signs and devices sha' conform to the current State of California, Department of Transportatiot "Manual of Warning Signs, Lights, and Devices for Use in Performance ( Work upon Highways," unless otherwise approved by the Utilities at
The Contractor shall provide and maintain 48 inch-high reflectorized cont at 20 feet on center with ribbon along walkways of high pedestrian us( as designated by the Inspector and indicated on the approved Traff Control P1 an.
During slurry seal operations, barricades may be supplemented with minimi size 18 inch high traffic cones and delineators ;such that spacing betwec barricades and/or cones or delineators is no greater than 25 feet. At a access points such as intersecting streets, alleys and driveway1 barricades and/or cones shall be provided at five-foot intervals so as prevent vehicular access to the slurry seal area. Where access from intersecting street is prohibited, a "Road Closed" sign shall be provid wherever required by the Utilities and Maintenance Director.
Should the Contractor fail to furnish a sufficient number of traffic and/ pedestrian safety devices, the Utilities and Maintenance Director wi place such necessary items and the Contractor shall be liable to the Ci for providing such devices in accordance with the following provisions
- For placing barricades - $5.00 per barricade for the first day or a
part thereof and $2.00 per barricade per day for each day thereaft or any part thereof.
For flashers - $2.50 per flasher for the first day or any part there and $1.00 per flasher per day for each day thereafter or any pa thereof.
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0 Maintenance Director.
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For traffic cones - $1.00 per cone for each day or any part thereof
In the event that the services of the City are required between th hours of 5:OO PM and 6:30 AM, during the normal week or any time o Saturday, Sunday, or a City holiday, there shall be an additiona charge of $26.00 for each service trip required.
Judgement as to adequate or sufficient barricading shall be that which i adequate or sufficient in the opinion of the Utilities and Maintenanc Director.
The Contractor shall relocate, preserve and maintain the visibility of a1 existing signs within the project limits which affect the flow of traffic as directed by the Utilities ;and Maintenance Director. Any signs whic are damaged or removed by the Contractor during the course of constructic shall be replaced by the Contractor at Contractor’s expense as direct€ by the Utilities and Maintenance Director.
10. The Contractor shall insure that sole access routes to the business ar residences along the streets to be resurfaced shall be maintained unles otherwise approved by the Utilities and Maintenance Director and adequat notification given to the affected property owner.
11. All costs related to the installation, maintenance and removal of traffi provisions and safeguards, shall be considered as included in the pricc paid for the various contract items of work and no additional payment wil be made therefor.
12. The Contractor shall coordinate his schedule so as not to interfere wi local trash collection.
The Contractor shall generally maintain a minimum of one lane of traff in each direction at all times during construction hours of 7:OO AM dusk. On Saturday, Sunday and designated legal holidays, and whl construction operations are not actively in progress on working days, t Contractor shall maintain all travel lanes of the roadway. Any deviatio of these requirements shall be approved by the Utilities and Maintenan Di rector.
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14. Asphalt
The asphalt emulsion shall be of the cationic, quick-set type, similar QSKH, using a paving asphalt with a penetration in the range of 64 to as a base. It shall meet the following specifications when test according to appropriate ASTM methods.
15. Emulsion Test Furol Viscosity at 77 F sec 200-100 D244 Residue from distillation; % by weight 47 min. D244 Mixing test (job) sec. at 70 F 30 min. 0 Sieve test (% retained on No. 20) 10 max. D244
3
Particle charge test Storage stability,;. one day settlement
Penetration 40-110 D5 Solubility in carbon tet. % Ductility 77 F., CMS 40 min Dl 13
17. The Contractor shall furnish a certified statement from the manufacture of the emulsion giving the analysis of the percentage of base asphalt use in its manufacture.
Water used with the slurry seal shall be from any domestic supply approve by the Utilities and Maintenance Director. The Contractor shall obtai a construction meter for water utilized during the construction under thi contract. The Contractor shall contact the appropriate water agency fo permission and requirements. The Contractor shall include cost of wate and meter rental within appropriate private items of proposal. No separal payment will be made.
19. The mineral aggregate shall be 100% crushed rock of angular, sounc durable, hard, resistant to abrasion and free from laminations, wei cleavages and undesirable weathering. It shall be of such character th: it will not disintegrate from the action of air, water of the conditior to be met in handling and placing and having a specific gravity of no le: than 2.60. All material shall be clean and free from deleterior impurities, including alkali, earth, clay and refuse. It shall have minimum sand equivalent of 55 when tested according to ASTM tested Methc 2419.
20. Percentage composition of weight of the aggregate shall conform wii following gradation prior to the addition of any mineral fillers such i cement or lime.
Posi ti ve 1% max.
16. Residue
0
96.5 min
18.
0
Sieve Size Percent Passinq
Type 2 100 90- 100 318 4 8 65-95 16 45-70
30 30-50
50 18-30
100 10-21
200 5-15
21. Before delivery of materials, certified copies of certified laboratory te reports of all test required in these specifications shall be submitt to and approved by the Utilities and Maintenance Director. Certified te reports are required for wet tract abrasion test in accordance with Sta of California, Department of Transportation Division of Highways Test N 355B.
Samples of materials to be used on the job shall be used to determine j mix and shall be available at the request of the Utilities and Maintenan Director in sufficient quantities to produce not less than 30 pounds emulsified asphalt slurry mixture.
22. 0
23. A job mix formuladshall be submitted to and approved by the Utilities ar Maintenance Director or his representative upon request. The formula shal indicate the Wet Track Abrasion resistance. Trial mixes shall be preparc to determine proportions, evaluate measured wear and to observe surfac texture, tackiness and mix segregation.
24. The emulsified Asphalt Slurry Mixture shall have the followit character i st i cs :
A. Resistance to Abrasion. Allowable wear of cured slurry mix as testc in accordance with the wet track abrasion test shall not exceed 5(
The cured slurry being tested shall not pick up on the roller of tl apparatus.
B. Fluidity. The mixture shall be sufficiently free-flowing to fi' cracks in the pavement.
C. Non-Segregation. The mixture shall not segregate during or after 1( down.
D. Surface Texture. The mixture shall have a non-skid texture.
25. Mixing shall be performed by a continuous flow mixing machine. Mixi shall continue until all particles are uniformly saturated and coated wi asphalt. Evidence of solidification of the asphalt, balling or lumpi,
of the aggregates, or the presence of uncoated aggregates, shall be cau for rejection of the mixture. The aggregate shall be at approximate atmospheric temperature and shall not have a moisture content in exce of 5 percent by weight.
26. Mixture shall be on the "continuous flow" mixing type with calibrat controls, capable of accurately del ivering a predetermined proporti on aggregate, water and asphalt emulsion to the mixing chamber and discharge the thoroughly-mixed product on a continuous basis. T aggregate shall be pre-wet immediately prior to mixing with the emulsio The mixing unit of the mixing chamber shall be capable of thorough blending all ingredients without violent agitation. It shall be equipp
with a pressure water system and fog-type spray bar adequate for comple fogging of the surface immediately preceding the spreading of the slurr It shall have sufficient storage capacity to properly mix a minimum twelve (12) tons of slurry. The emulsion storage tank of the mixi machine shall also be equipped with a convenient device, calibrated in t (10) gallon increments, to measure the quantity of emulsion actually us with each mixer load of slurry. Devices used for metering and blendi additives must be approved by the Utilities and Maintenance Director his representative. If sulphate of ammonia is used as the retarding agen it shall be introduced in liquid form.
27. No application of slurry shall occur until all deep patching, sk patching, crack seal ing or other preliminary pavement repairs have be completed. The surface of the pavement shall be thoroughly cleaned a swept by the Contractor, no more than 24 hours prior to the applicati of slurry seal. The application of slurry shall be scheduled to commen after 7:OOAM and shall be complete prior to 2:OOPM.
0
0
0
3
28.
29. No slurry shall be applied when the weather forecast indicates
No street will remain closed after sunset, unless approved by the Utilitie 0 and Maintenance Director.
probability of rainfall or, when the air and pavement temperatures are nc higher than 50 degrees and falling. Slurry may be applied when both ai and pavement temperatures are 50 degrees and rising.
The surface of the pavement shall be fogged with water directly precedir the application of the slurry. The slurry mixture shall be of the designc consistency when deposited on the surface and no additional elements shal be added. Total mixing time shall not exceed forty (40) minutes. sufficient amount of slurry shall be carried in all parts of the spread€ at all times so that complete coverage is obtained. No rippling, lumpin< balling or unmixed aggregate shall be permitted, nor shall segregation c the emulsion and aggregate fines from the course aggregate. If the cour: aggregate settles to the bottom of the mix, the slurry shall be removc from the pavement. No excessive breaking of the emulsion in the spreadi box will be allowed,nor shall the condition known as "skinning over'' 1 the slurry. No streaks such as caused by oversized aggregate will be le in the finished pavement. No additional water to be added after materi leaves pug mill.
31. The slurry seal shall be applied at a rate which shall provide an averal of 1,500 square feet of coverage per ton; but no less than 1,400 squa feet nor more than 1,600 square feet. The rate of application for eat pass shall average twelve (12) pounds per square yard; but not less th ten (10) pounds nor more than thirteen (13) pounds. The amount of slur actually placed on the pavement shall not vary more than 10% from t theoretic tonnage calculated for the pavement.
longitudinal or traverse joints. Unless otherwise approved, the overl at the joints will not exceed 2" and shall be feathered; no payment wi be made for excessive unapproved overl aps. Joints between asphalt paveme and concrete pavement and/or excessive slop-over onto the concrete; a unsightly and objectional excess shall be immediately removed. At stre intersections, at the beginning and end of work segments, the slurry to be neatly spread or trimmed to a straight line defined by the near cu lines of the street adjacent to the work.
33. Approved squeegees or lutes shall be used to spread slurry in are inaccessible to the machine. Care shall be exercised to ensure the maxin rate of application with no excess, and leaving no unsightly appearanc Texture of slurry spread by hand shall match that which was applied machine. Contractor shall be responsible for the removal of all excc emulsion spread beyond slurry limits, on driveways, sidewalks, etc.
34. Attached to the mixing machine shall be a mechanical type squee: distributor equipped with flexible material in contact with the surf; to prevent loss slurry and adjustable to assure a uniform spread on vary! grades and crowns. It shall be steerable, adjustable in width, with flexible strike-off. The box shall not cause grooving of the slurry any of its parts. It shall be kept clean and build-up of material on 1
30.
0
32. No excessive build-up causing unsightly appearance shall be permitted
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3
spreader will not be permitted. The type of drag, linen or other textile, mus be approved by the Uti1,ities and Maintenance Director and it shall be cleane or changed as frequently as needed or when so directed.
35. All metal manhole and water valve covers shall receive a heavy coating c a parting agent such as diesel oil, prior to slurry seal appl icatior After the slurry seal has been applied and cured, the Contractor shal remove all slurry seal material attached to manhole and water valve covers
36. All raised pavement markers shall be protected from the slurry sea application by tape. After the slurry seal has been applied and curec the Contractor shall remove all slurry seal mixture and tape from tt markers.
The finished surface of the slurry seal shall be at least as smooth as tt original pavement surface. Any corrugations on the surface creatir vibrations noticeable by passengers in an automobile driving over tt slurry sealed surface at legal speeds will result in rejection of tt sl urry seal construction.
Any slurry seal application that has been rejected shall be removed by col planning to the original pavement. A new slurry seal application shal then be placed on the pavement. Any placement of slurry seal reject€ shall be removed and replaced with the cost borne by the Contractor.
Slurry seal will be paid for at the contract unit price per square fot as shown in the bid. Such price shall constitute full compensation ft furnishing and placing of materials required to complete slurry sealir pavement, including the preparation of surface, patching, crack seal in( where required and for labor, equipment, tools and incidentals, needed 1 complete the work in conformity with the specifications.
The Contractor will provide and install "Tow Away No Parking" constructic signs, #TC-R 30-S, for use in posting streets in advance of the worl Signs shall be placed at least 24 hours prior to commencement of worl Signs shall be posted at intervals of not more than 100 feet on both sidc of the block affected by the work.
Tow-away of any vehicles in violation of the "NO Parking" signs will I handled by the Carlsbad Police Department. The City assumes no liabili' in connection with movement of vehicles by the Contractor.
Temporary signing shall be removed as soon as the streets are ready . receive traffic accepted by the Uti1 ities and Maintenance Director.
Notwithstanding any other or concurrent notification by the City of tl resurfacing operations, the Contractor will assure notification ( residences and businesses of street work.
44. Notices shall be left on or at the front door of each dwelling 1 commercial unit abutting the street to be surfaced. This shall be do two (2) days prior to placement of "NO Parking" signs. The Contract shall be required to insert dates and estimated times of closing a reopening streets to local traffic, including partial closures.
0
37.
38.
39. a
40.
41.
42.
43.
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45. Payment for the placement of the "NO Parking" signs and Notices shall t considered included in the bid price paid for asphalt concrete and r additional payment will be made therefore. 0
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39
i. STREET LISTING FOR
1988-89 STREETS SLURRY SEAL PROGRAM 0
1. Avenida Encinas: Cannon Road to overlay seam 134,064 sf.
2. Solamar Road: Palomar Airport Road to entrance 24,592 sf.
3. Avenida Encinas: Poinsettia Lane to north end 94,116 sf.
4. Avenida Encinas: Poinsettia Lane to seam of new
improvements. 211,633 sf.
5. Faraday Avenue: El Camino Real to Rutherford Road 222,456 sf.
6. Rutherford Road: Faraday Avenue to Priestly Drive 214,228 sf.
7. Priestly Drive: Faraday Avenue to south end 87,048 sf.
8. La Place Court: Faraday Avenue to end 24,302 sf.
9. Paseo Del Norte: Dixon Ford to Palomar Airport Rd 167,706 sf.
10. Pascal Court: Rutherford Road to end 22,026 sf.
11. Landau Court: Rutherford Road to end 23,536 sf.
12. Geiger Court: Rutherford Road to end 25,228 sf.
13. Balfour Court: Rutherford Road to end 23,900 sf.
14. Fransworth Court: Rutherford Road to end 32,572 sf.
15. Adams Street: Harrison Street to Park Drive 98,800 sf.
16. Kremeyer Circle: Laguna Drive to end 15,941 sf.
17. Seacrest Drive: Charter Oak to Ridgecrest Drive 49,420 sf.
18. Charter Oak Drive: Seacrest Drive to Ridgecrest Dr. 29,345 sf.
19. Hillcrest Circle: Seacrest Drive to end 7,119 sf.
20. Ridgecrest Drive: Charter Oak Drive to Donna Drive 107,540 sf.
21. Meadowlark Lane: Ridgecrest Drive to end 12,988 sf.
0
22. Camden Circle: Ridgecrest Drive to end 9,010 sf.
23. Syme Drive: Chinquapin Avenue to end 30,393 sf.
24. Grand Avenue: Carlsbad Blvd. to Ocean Street 36,294 sf. e
4c
STREET LISTING FOR 1988-89 STREETS SLURRY SEAL PROGRAM (Con' t 1 0
25. Madison Street: laguna Drive to Grand Avenue 43,472 sf.
26. Hope Avenue: Grand Avenue to Home Street 10,791 sf.
27. Ocean Street: Oak Avenue to Ocean Street north 77,616 sf.
28. Ponto Drive South: Carlsbad Blvd. to Carlsbad Blvd. 65,728 sf.
29. Roosevelt Street: Laguna Drive to Grand Avenue 68,634 sf.
30. Donna Drive: Basswood to Janis Way 60,480 sf.
31. Gayle Way: Monroe to Donna Drive 24,290 sf.
32. Ann Drive: Gayle Way to Janis Way 16,864 sf.
33. Janis Way: Ann Drive to Donna Drive 13,986 sf.
34. Mision Estancia: Rancho Santa Fe to La Costa Ave. 288,128 sf.
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January 31, 1990
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following described document:
Notice of Completion - Contract U/M-25
1988-89 Streets Slurry Seal Program
California Pavement Maintenance Company
Our staff has determined that the recordation of the document is of
benefit to the City; therefore, it is requested that the fees be
waived.
Thank you for your assistance in this matter.
Ffirk
Enc .
__
1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-28
Recording request by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008 Space above for Recorder's ust