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HomeMy WebLinkAboutDYNO CONSTRUCTION; 1976-08-25; 1035CITY OF CARLSBAD SAN DIEGO COUNTY California CONTRACT DOCUMENTS & SPECIFICATIONS FOR X CONSTRUCTION OF WHEEL CHAIR RAMPS AT VARIOUS LOCATIONS Contract No. 1035 May, 1976 TABLE OF. CONTENTS •Paqe 1 NOTICE INVITING SEALED PROPOSALS 3 PROPOSAL 6 BID BOND , • 7 DESIGNATION OF SUBCONTRACTORS 8 STATEMENT OF FINANCES 9 AGREEMENT AUD CONTRACT 11 BOND FOR LABOR AND MATERIALS 13 ' BOND FOR FAITHFUL PERFORMANCE» 15 SPECIAL PROVISIONS Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the Office of the City Clerk, City Hall/ 1200 Elm Avenue, Carlsbad,.California, until 10:00 a.m. on" the __2nd daY °f _; June _.;' 19J76, at which time they will be opened and read, for performing'the work as follows: Construction of wheelchair ramps at various locations in the City of Carlsbad. . ' -. - Contract No. 1035 ;„ Said work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad by Resolution No.. 3891 , adopted on May 4, ; _, 1976_, and on file in the Engineering Department^Reference is~ hereby made to said specifications for full particulars and descrip- tion of said work. No bid will be-received unless it is made on a proposal form fur- nished by the Engineering Department^ Each bid must be accompanied by cash, certified check or bidder's bond made payable to the.City of Carlsbad for an amount equal to at least 10 percent of the amount bid. Such guaranty to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided by the bid requirements. The documents included within the sealed bids which require comple- tion and execution are the following: 1. Proposal - Page 3. . > 2. Designation of Subcontractors - Page 7. 3. Bidder's Bond — feage 6. 4. Contractor's Financial Status - Page 8. Said documents shall be affixed with the appropriate notaried sig- natures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice-President and Secretary or Assistant Secretary are requiored and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership,.the signature of at least one general partner is required. ' - - All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a bisis for the comparison of bids. ,.• , ' No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. The contractor shall ,s[tate his License number and classification in the proposal. The'estimated - cost of the work is $9 t2QQ .QQ Page 2 Plans, Special Provisions and Contract Documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. A nonref undable charge of -Q- __ will be required for each set of plans, special provisions and con- tract documents for other than licensed contractors. It is requested that the plans and special provisions be returned -within two weeks after the bid opening. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. A project tour will be conducted by the City of Carlsbad Engineering Department at 10:00 a.m. on May 20, 1976 In accordance with the provisions of Sections 1770 to 1780 of the Labor Code of the State of 'California, the City Council of the City of Carlsbad has ascertained that the general prevailing rate of wages in the locality in which the work is to be performed for each craft or type of workman needed to execute the contract are as set forth in Resolution No. 3875, adopted by §aid Council and published in a newspaper of general circulation witm.n said City on May 12, 19 76 A copy of said Resolution is on file in the Office of the City Clerk of the City of Carlsbad and is incorporated by reference herein. It shall be mandatory upon the Contractor to whom the contract is awarded to pay not" less than the said specified prevailing rates of wages to all workmen employed by him in the execution of the contract. Also, the prime contractor- shall be responsible to insure compliance with provisions of Section 1777.5 of: the Labor Code of the State of California for all occupations with apprenticeships as -required on public works projects above' thirty thousand dollars ($30,000) or twenty working days. - / The amount of the bond to be given for the faithful performance of the contract for the said work, shall be one hundred percent of the contract price therefor, and an additional bond in the amount equal to one hundred percent of the contract price for said .work shall be given to secure the payment of the claims for any material or supplies furnished for the performance of the work contracted to be done by the contractor or any work or labor of any kind done thereon. Approved by the City Council of the City .'of Carlsbad,. California, by Resolution No. 3891 adopted on _ May 4, ' _ / .19 76 . DATED: May 6, 1976 MARGARET E. ADAMS,( City Clerk t / *' ^ V ' S Page 3 CITY OF CARLSBAD CONSTRUCTION OF WHEELCHAIR RAMPS AT VARIOUS LOCATIONS CONTRACT NO. 1035 PROPOSAL To the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Gentlemen: The undersigned declares that he has carefully examined the loca- tion of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required ' to do all the work to complete Contract "c. 1035 in accordance *"" with the plans, the specifications of the City of Carlsbad, and the special provisions, and that he will take in full payment therefor the following unit prices for each item complete to wit: Item No. 1. Approx . Quantity ' AJn / Unit lin. ft. Article with Unit Price or Lump Sum Written in Words Removal -of existing con- crete curb and .gutter Unit Price TOTAL /4-A dollars and cents per lin. ft. 2. 21 lin. Removal of existing as-.in. Removal of existing as- 3-G° ,^^___-—-r ft. phaltic curb ^gz^-^-<_ |^? c' dollars and cents >;7-',r ; ..'•-., -•••' Per lin. ft. Page 3a Item Approx. No. Q"nntity Article with Unit Price or Lump Sum Unit Written in Words Unit Price* TOTAL 3. ^ 7-7; /IT? -^sr. 6. 7. 1 1?** 7047" sq.ft. Removal of existing con- crete sidewalk dollars centsSnQ x^s^i* t'/i-'t^c*';per square foot. sq.ft. Removal of existing as- phaltic concrete sidewalk _L^ and per square foot. _dollars cents lin. ft. Concrete curb and gutter per plan and as required _do liars centsand per lin. ft. . ___ sq.ft. 4" P.C.C.. wheelchair--xamp per plan ^ dollars centsand ^ per square/fo6t. sq.ft. P.C.C. sidewalk 4" in thickness .70 3.00 ^: /-T^/- .E?If" I A/fe? and per square foot. Total in figures Page 4 All bids are to be computed on the basis of the given estimated C quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids.* ~J* The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of. the undersigned in making up this bid, The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad, Licensed in accordance with the Statutes of the State of California providing for the—registration of contractors, License No, \3 / (j ^ 3 3 Identification (* The undersigned bidder hereby represents as fcllcv.'s: (a) . That no Councilman, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be .paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms, and (b) -That this bid is made without 'connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud, sP /uu£/^ 5 V^C'Accompanying this proposal is _ sP /uu£/^ 5 C/ld. (cash, certified check, cashier's check or bond) _ in an amount not less than 10 per cent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. LAV <L Page 5 Phone Number Bidder's Name (SEAL) /"" /fyfc ^^.., Date ' Authorized Signature Authorized Signature *^ eg. 9/7ofc /n Bidder's Address Type of Organization (Individual, Corporation, Co- partnership) List below names of President, Secretary, Treasurer and Manager -if a corporation, and names of all co-partners if a co-partnership: O AMERICAN FIDELITY FIRE INSURANCE COMPANY NEW YORK N BOND NO. Know All Men By These Presents, That we, Dyno Construction (hereinafter called the Principal), as Principal, and AMERICAN FIDELITY FIRE INSURANCE CO., a corporation, organized and existing under the laws of the State of New York and authorized to transact a general surety business in the State of .... .?..1~.O.*.n.1.^. , (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Carlsbad A'ine Hundred and no/100 (hereinafter called the Obligee) in the penal sum of 900.00Dollars (S ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the.Principal has submitted or is about to submit a proposal to the Obligee on a contract for Construction of sheelchair ramps at various locations NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void;otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 2nd. day of .JlJ.n.e , 19...7..6 £>yno Construction Principal American Fidelity Fire Insurance Company Paul P7alasA:i Atlorney-in-Fact. rtm WmN 364 (4/6) AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY. NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such officer may select from time to time," does hereby make, constitute and appoint PAUL WALASKI of LOS ANGELES. CALIFORNIA its true and lawful attorney(s)-in-fact, with full povver and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Any and all bonds and undertakings in an amount not exceeding 550,000.00 as to any one Principal or project, for or on behalf of this Company, in its business and in accordance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the acts of said Attorney-in-Fact, pursuant to the'se presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its President and/or Vice-President, and its Corporate Seal to be hereto affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY Robert J. Kennedy, Vice-President State of New York ) County of Nassau )ss. On this 16th day of April, 1976, before the subscriber, a Notary Public of the State of New York in and for the County of Nassau duly commissioned and Qualified, came Robert J. Kennedy of the American Fidelity Fire Insur- ance Company, to me personally.known to be the individual and officer described herein, and who executed the pre- ceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrurrent, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30-8643115 Qualified in Nassau County Commission Expires March 30, 1978 State of New York County of Nassau ss. CERTIFICATE I, the undersigned, Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY a stock corporation of the State of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Direc- tors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, at Woodbury, New York, Dated this2nc? day of June A.D., 19 76 Assistant Secretary 350 50 PW(4/6) STATE OF CALIFORNIA County of LOS ANGELES ss. On this 2nd day of June Jn the year 19 /.'76 before me, a Notary Public in and for the County and State aforesaid personally appeared PAUL WALASKI known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subsribed the name of the said Company thereto as surety, and his own name as Attorney-in-Fact. OFFICIAL SEAL COLLEEN MARIE McHUGH NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires May 15, 1979 NOTARY PUBLIC 346 PW (5/6) Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, ., as Principal, and , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of - Dollars ($_ ) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents, THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: Construction of wheelchair ramps at various locations in the City of Carlsbad Contract No. 1035 . • in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within (20) twenty days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of , 19 . Corporate Seal (if corporation) (Attach Acknowledgement of Attorney in Fact) —— Principal Surety BY. Title (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) Page 7 DESIGNATION OF SUBCONTRACTOR The undersigned certifies that he, has used the subbids of the following listed contractors in making up his bid and that the •subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications No change may be made in these subcontractors except upon the prior approval of the City Council of the City of Carlsbad. ITEM OF WORK SUBCONTRACTOR ADDRESS 2. 3. 4. 5. 6. Bidder's Name Authorized Sig'nature ' Type of Organization (Individual, Co-Partnership or Corporation) Address * T) G v*. . Page 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE •(The Bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give reference which will enable the City Council to judge his responsibility, experience, skill and business standing.) The undersigned submits herewith a statement of his financial respon sibility. The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he has successfully performed. . . . _ . 'Signed Page 9 CONTRACT r^lTHIS AGREEMENT, made and entered into this ££' day of .' *9 "7^ , by and between the City of Carlsbad, California^, hereinafter designated as the City, party of the first part, and /v4^»Cy^ \^CT<->4^^^^L^u^-^^^ i hereinafter designated as the Contractor, party of the second part. WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Con- tractor agrees with the City to furnish all materials and labor for: Construction of wheelchair ramps at various locations in the City of Carlsbad. Contract No. 1035 and to perform and complete in a good .and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his own proper cost and 'expense all tools, equipment, labor and materials necessary therefor, (except such materials, if any, as in the said specifications are stipulated to be furnished by the City), and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equip- ment, and doing all the work contemplated and embraced in this agreement also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the .elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees- with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the plans and specifications, and all amendments thereof Page 10 when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications,.are hereby incorporated in and made part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman- needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the City Engineer, and their officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. Contractor , ..(seal) by Title Title CARLSBAD, CALIFORNIA "Mayor ATTEST: *** 'Clerk (Notarial acknowledgement of execution by all PRINCIPALS must be attached.) TO 1945 CA (8-74) (Corporation) STATE OF CALIFORNIA COUNTY OF \ uirLIx uJ <L < (A I SS. TITLE INSURANCE ANDTRUST ATICOR COMPANY On AtJ<2 OS T~ State, personally appeared /v O 6 f /Q. f known to me to be known to me to be Jjefoj-ejne, the undersigned, a Notary Public in and for said rz-Piui)iduU;-and- of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signatun *<^f , T^^*^«^->S-^-^^-^^^-^ OFFICIAL SEAL 1 EARL W. BOGART NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Mycomm. expires AUG 6, 1979 (This area for official notarial seal) On this the 19 . day of OFFICIAL SEAL NATIV1DAD GONZALEZ NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGtU '•'.'" My Commission Expires SeptemberJiEU978 GENERAL ACKNOWLEDGEMENT FORM the undersigned Notary Public, personally appeared ****** Richard Uribe ***** of Dyno Construction known to me to be the person(s) whose name(s) to the within instrument and acknowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Page 11 LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, the City Council of the City of Carlsbad, State of California, by Res. No. 3921 adopted _ June 15, 1976 has awarded to f)t, & ^ ^^ ^ /^w ^ / AQ /^ _ __ _ hereinafter designated as the "Principal", a contract for: Construction of wheelchair ramps at various locations in the City of Carlsbad. Contract No. 1035 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said .Principal or any of his or its subcontractors shall fail to pay for any materials, provisions, pro- vender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE Contractor and as Principal, hereinafter designated as AMERICAN FIDELITY FIRE INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad, in the sum of ' 50 per cent o($ /j '*3i **>$ ) / said sum being 50 per cent of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the person or his subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any other work or labor thereo of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. Page 1 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the .terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed b Principal and Surety above named, on the /6"^ <3ay of , 19 7/. Contractor AMERICAN FIDELITY FIRE INSURANCE COMP/Eff STATE OF CALIFORNIA } County of LOS ANGELES ) 15th On this ss. day of July _in the year 19 , before me, a Notary Public in and for the County and State aforesaid personally appeared PAUL WALASKI known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subsribed the name of the said Company thereto as surety, and his own name as Attorney-in-Fact. OFFICIAL SEAL COLLEEN MARIE McHUGH NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires May 15, 1979 NOTARY PUBLIC 346 PW (5/6) Page 13 - PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Carlsbad, State of California, by Res. No. 3921 adopted June 15, 1976 has awarded to hereinafter designated as the "Principal", a contract for: Construction of wheelchair ramps at various locations in the City of Carlsbad. Contract No. 1035 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the Faithful Performance of said contract; NOW, THEREFORE, WE, the "Contractor",, and ,_ as Principal, hereinafter designated as AMERICAN FIDELITY FIRE INSURANCE 66MPANS as Surety, are held and firmly bound unto the City of Carlsbad", in the sum' of t Dollars ($ fa 7/3, Crf) )/ said sum being equal to 100 per cent of/ the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. - THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above-bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifi- Page 14 cations accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal* and Surety above named, on the ^/^ day of M :— —— <5xL<*(bu.c4lo± (Seal) (Seal) (Seal) Contractor AMERICAN FIDELT; -: ••::::.;.r;cE COMPANY (geal) _(Seal) _(Seal) Surety / . •Ax/Va/tst'.-'****'?-''***^ STATE OF CALIFORNIA County of LOS ANGELES ss. On this 15th day of July Jn the year 19 J, before me, a Notary Public in and for the County and State aforesaid personally appeared PAUL WALASKI known to me to be the person whose name is subscribed to the within instrument and known to me to be the Attorney-in-Fact of AMERICAN FIDELITY FIRE INSURANCE COMPANY, and acknowledged to me that he subsribed the name of the said Company thereto as surety, and his own name as Attorney-in-Fact. OFFICIAL SEAL COLLEEN MARIE McHUGH NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires May 15, 1979 346 PW (5/6) AMERICAN FIDELITY FIRE INSURANCE COMPANY WOODBURY. NEW YORK POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the American Fidelity Fire Insurance Company, a Corporation in the State of New York, having its principal office in Woodbury, State of New York, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 18th day of February, 1969, to wit: "The President, or any Vice-President, or other officer designated by the Board Executive Committee shall have authority, severally, to make execute and deliver a power of attorney constituting as Attorney-in-Fact such persons, firms or corporations as such officers may select from time to time," does hereby make, constitute and appoint PAUL WALASKI of LOS ANGELES, CALIFORNIA its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, as follows: Specifically and only on bonds executed having 90% indemnification of the Small Business Administration in an amount not exceeding $200,000.00 as to any one Principal or project, for or on behalf of this Company, in its business and in accordance with its charter, and to bind AMERICAN FIDELITY FIRE INSURANCE COMPANY thereby, and all of the acts of said Attorney-in-Fact, pursuant to these presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these presents to be signed by its President and/or Vice-President, and its Corporate Seal to be hereto affixed. AMERICAN FIDELITY FIRE INSURANCE COMPANY State of New York) County of Nassau \ Robert J. Kennedy, Vice-President ss. On this 16th day of April, 1976, before the subscriber, a Notary Public of the State of New York in and for the County of Nassau duly commissioned and qualified, came Robert J. Kennedy of the American Fidelity Fire Insur- ance Company, to me personally known to be the individual and officer described herein, and who executed the pre- ceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, and that the resolution of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Woodbury, New York the day and year above written. ELIZABETH M. ROSELLE NOTARY PUBLIC, State of New York No. 30-8643115 Qualified in Nassau County Commission Expires March 30, 1978 State of New York) County of Nassau J SS- CERTIFICATE I, the undersigned, Secretary of AMERICAN FIDELITY FIRE INSURANCE COMPANY a stock corporation of the State of New York, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Direc- tors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, at Woodbury, New York, Dated this^ 5 1 l^y of A.D.,19 76 July Assistant Secretary 351 200 PW (4/6) Page 15 CITY OF CARLSBAD ENGINEERING DEPARTMENT CONTRACT NO. 1035 SPECIAL PROVISIONS I. GENERAL REQUIREMENTS A. Scope of Work The work covered by these specifications consists of fur- nishing all labor, equipment and materials and performing all operations for the construction of wheelchair ramps as shown on Exhibit "A" which is a part of these specifi- cations. B. Work Schedule The contractor shall furnish the Engineer with a tentative work schedule at the preconstruction conference, which will be held in the Office of the City Engineer prior to start- ing construction. All work shall be completed within thirty (30) calendar days after notice to proceed. C. Plans and Specifications \ All work shall be done in accordance with "Standard Spe- cifications for Public Works Construction11 1973 edition. In case of conflict, the Special Provisions shall control. / It shall be the responsibility of the contractor to care- fully examine the site of the work contemplated, the plans and specifications, and the proposal and contract forms thereof. The submission of a bid shall be conclusive evi- dence that" the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and mater"- ials to be furnished and as to the requirements of the proposal, plans and specifications and the contract. D. Pedestrian and Vehicular Traffic Control Traffic shall be maintained in accordance with Section 7-10 of the Standard Specifications. Proper barricading shall be maintained at all times. Page. 16 E. Utilities The contractor shall locate and protect existing utilities during the performance of his work pursuant to Section 5 of the Standard Specifications modified as follows: The contractor shall contact the following agencies at least 48 hours prior to construction for location of under- ground utilities. San Diego Gas & Electric Co. 714-235-6323 •: Pacific Telephone Co. 714-298-0595 City of Carlsbad, water, sewer, storm drain and street light circuits 714-729-1181 ext.45 Southern California Gas Co. 714-496-5712 Atchison, Topeka & Santa Fe Railroad 714-884-2111 F. Measurement and Payment Measurement and payment shall conform to the applicable sections of the Standard Specifications. The quantities given in the proposal and contract forms are approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond there- with, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit por- tions of the work, as may be deemed necessary or advisable by the Engineer. II. Curb and Sidewalk Removal i Removal of curb, gutter and sidewalk, including required saw cut, shall conform to Section 300-1.3 Item (3) of the Standard Specifications. N Payment for removal of curb and gutter shall be made on a linear foot basis per the unit price as shown in the bid proposal, including required saw cutting. Payment for removal of sidewalk shall be made on a square foot basis per the unit price as shown in the bid proposal including required saw cutting. III. Concrete Curb, Gutter and Sidewalk Ramp The construction of concrete curb, gutter and sidewalk ramps shall conform to Section 303-5 of the Standard Specifications. VARIES EXIST. SIDEWALK CURB IF A UP AT THE BOTTOM OF A RAMP IS ABSOLUTELY NECESSARY, IT . SHOULD BE CONSTRUCTED WITH A HEIGHT OF 1/2"MAX. AND SLOPED AT 45° EXHIBIT A SHEET I DATE: SIDEWALK RAMP DEPT.CITY OF CARLSBAD SCALE: NONE CONTEACT NO. 1055 EXHIBIT A - SHEET 2 LOCATION OF INTERSECTIONS TO BE RAMPED Corners to Location be Ramped • 1. State and Grand NE, NW, SE, SW 2. State and Elm NE, NW, SE, SW 3. Roosevelt and Grand NW, SE, SW 4. Roosevelt and Elm NE, NW, SE, SW 5. Carlsbad Boulevard and Grand NE, NW, SE 6. Washington and Grand NE, SE, SW 7. Harding and Elm NE, NW, SE, SW 8. Jefferson and Elm - ' NE, NW, SE, SW 9. Madison and Elm NE, NW, SE, SW 10. Harding and Oak NE, NW,, SE, SW LOCATION MAP EXHIBIT A SHEET 3 ROOSfVELT • IVD iiii nbj > -i!:,> <, ; ! r 1 1 1 1 1 t— t—-M i 1 i4"*Tl IT^ V.> ' 1i N CARI » •*•- — ' f V /£ V -4-4 IU>< 9_juf -sa« r- W ^ V rl~ •••* ID ! > - h-t-H — ~, a - ' i L.. r Ck~v :i.' II ! ! 1ill >TATE ST 1 ! !! ! M. M , 1 -j~. — - — ! ~fJ- • i K , — si *^< w>< V<o i . • i . . ; / .l|i:;-l ~ ; i . ; ' • i ~~ _:; ^_. . . w>< •uJ 2 ft i" '"Silli - ' • ! i ! i ; i1 | ,i T |. 1 :i t i i_i_ - M }- — ; IINCOIK ST 1 ; 1 i . ."WALNUT AVCT~i .'~^ i ! • : -J LT i ; 1 L_^^i H n• 1 !. | - i i i i i i i i i i i t i ._ T_ ,— . , , -"" "• J • ' i ; 1 1 CHESTNUT AVE1 \ Ji „ . . ^ — - — -j A.T. t S.F R •f M t ••< 1 1 1 ! - - - K CtfrmD I:-:,.. •1-1 1 Inn i . VARIES 4" RC.C CURB IF A LIP AT THE BOTTOM OF A RAMP IS ABSOLUTELY NECESSARY, IT SHOULD BE CONSTRUCTED WITH A HEIGHT OF I/2"MAX. AND SLOPED AT 45° EXHIBIT A SHEET I DATE: SIDEWALK RAMP ENGINEERING DEPT. CITY OF CARLSBAD SCALE: NONE cowreAcr NO. 1055