HomeMy WebLinkAboutG Spikes, Cement and Masonry Contractor; 1977-07-18; 1041CITY 'OF CARLSBAD
SAN DIEGO COUNTY
California
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR
THE CONSTRUCTION OF CONCRETE CURB AND GUTTER,
SIDEWALK, DRIVEWAYS, AND CROSS GUTTER
AT VARIOUS LOCATIONS
Contract No. 1041
May, 1977
TABLE .OF CONTENTS
1 NOTICE INVITING SEALED PROPOSALS
3 PROPOSAL
6 BID BOND
7 DESIGNATION OF SUBCONTRACTORS
8. STATEMENT OF FINANCES
9 -AGREEMENT AND CONTRACT
11 BOND FOR LABOR AND MATERIALS "^
13 BOND FOR FAITHFUL PERFORMANCE • - \iffi
> t
15 SPECIAL PROVISIONS ~ S*<±
Page 1 •
-s ,'|\! APITY 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 3:00 p.m. on
the sth day of .l»np , 19jj, at which time they will be open-
ed and read, for performing the work as follows:
The construction of concrete curb and gutter, sidewalk, driveways,
and cross gutter at various locations.
Contract No. 1041
Sciid work shall be performed in strict conformity with the specifi-
cations therefor as approved by the City Council of the City of
Carlsbad on file in the Engineering Department. Reference is here-
by made to said specifications for full particulars and description
of said work.
No bid will be received unless it is made on a proposal form fur-
nished by the Engineering Department. Each bid must be accompanied
by cash, certified check or bidder's bond made payable to the City
of Carlsbad for an amount equal to at least ten percent of the amount
bid. Such guaranty to be forfeited should the bidder to whom the
contract is awarded fail to furnish the required bonds and to enter
into a contract with the City within the period of time provided by
the bid requirements.
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 - Page 6. •
4.. Contractor's .Financial Status - Page 8.
Said documents shall be affixed with the appropriate notaried signa-
tures and titles of the persons signing on behalf of the bidder.
For corporations, the signatures of the President or Vice-Presidant
and Secretary or Assistant Secretary are required and the corporate
seal shall be affixed .to all documents requiring signatures. In the
case of a partnership, the signature of at least one general partner
is required. . "
All bids are to be compared on the basis of the Engineer's estimate.
.The estimated quantities are approximate only, being given solely as
a basis for the comparison of bids.
No bid will be accepted from a contractor who has not been licensed
in accordance with the provisions of Chapter 9, Division 3 of the
Business and Professions Code. The contractor shall state his license
'number and classification in. the proposal. The estimated cost of the
work is $ 49,827.25.
Plans, Special Provisions and Contract Documents may be obtained at
the Engineering Department, City Hall, Carlsbad,'California, at no
cost to licensed contractors. A nonrefun/lable charge of none
' 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 2:00 p.m.- on May 25. 1977 ___.
The general prevailing rate of wages for each craft or type of work-
man needed to execute the contract shall be those as determined by
the Director of Industrial Relations pursuant to the State of
California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770,
1773 and 1773.1.
*
Pursuant to Section 1733.2 of said Labor Code, a current copy of
applicable wage rates are on file in the Office of the City Clerk of •
the City of Carlsbad.
It shall be mandatory upon the Contractor i:o 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
th provisions of Section 1777.5 of the Labor Code of the State of,
California for all occupations with apprenticeships as required on
public works projects above thirty thousand dollars ($30,000) or
twenty working days.
The amount of the bond to be given for the faithful, performance of
the contract for the said work, shall be one hundred percent of the
contract price therefor, and an additional bond in the amount equal
to fifty percent of the contract price for said work shall be given
to secure the payment of the claims for any material or supplies
furnished for the performance of the work contracted to be done by
the contractor for any work or labor of any kind done thereon.
Approved by the City Council of the City of Carlsbad, California, by
Resolution No >•/?"/)// -adopted on
DATED:. f /?77
MARGARET E. ADAMS,^City Clerk
Page 3
CITY OF CARLSBAD
THE CONSTRUCTION OF CONCRETE CURB AND GUTTER,
SIDEWALK, DRIVEWAYS, AND CROSS GUTTER
AT VARIOUS LOCATIONS
ADDENDUM No. 1 - PROPOSAL
To the City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California
Gentlemen:
92008
The undersigned declares that he has carefully examined the location
of the work, read the Notice Inviting Bids, examined the plans and
specifications, and hereby proposes to furnish all labor, materials,
equipment, transportation and services required to do all the work to
complete Contract No. 1041 in accordance with the plans, the specifi-
cations of the City of Carlsbad, and the special provisions, and that
will take in full payment therefor the following unit prices for
iach item complete, to wit:
Approx.
Item No. Quantity Unit Article
1.3845
2.2930 lin.ft.
Unit
Price Total
Type "G" concrete curb &
gutter including fine
grade complete in place
at
and
Dollars
Cents
per lineal foot
24" in width, concrete roll
type curb including fine
grade complete in place
at
Dollars
and
per lineal foot
V ,„,»; Approx.
No. Quantity Unit Article
Unit
Price
Page 3a
-Total
3.200 lin.ft. 36" in width, concrete roll
type curb including fine
grade complete in place
at
4-,
Dollars
and 7 Cents
per lineal foot
5940 sq.ft. 4" P.C.C. sidewalk including
fine grade complete in place
at
O A/Dollars
and Cents
per square foot
3800 sq.ft. 4" P.C.C. driveway approach
including fine grade complete
in place
at
Dollars
and ~CLu
per square
u -
foot .
Cents
Page 3b
Approx.
Quantity Unit————— _____Article
Unit
Price Total
6.600 sq.ft. 6" P.C.C. cross gutter
and spandrel including
fine grade complete in
place
at
Dollars
and Cents
per square foot
TOTAL (figures)Jif
\ ' 'OTAL (in words)
The undersigned, representative of the bidder, hereby declares that a
member of his firm has reviewed the proposed construction sites in the
field and is satisfied as to the conditions to be encountered and scope
of work to be performed.
Also, the undersigned hereby acknowledges receipt of Addendum No. 1.
Name G. 5
Date
. . . Page 4
•• •
All bids are to be computed on the basis of the given estimated
quantities of work, as indicated- in th^s 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.
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
Identification 90"-
The undersigned bidder hereby represents as follows: (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,'
Accompanying this proposal is
(cash, certified check, cashier's check
or bond) v .
"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.
j
ii
I
L
Page 5
Phone Number
Date
Bidder ' s Name
v A /'.
• (SEAL)
Kuthorized Sinature
Bidder's Address
Authorized Signature
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.-.v' f ' ,, f
KNOW ALL MEN BY THESE PRESENTS,
That we,
and Balboa Insurance Company
G. Spikes Cement & Masonry Contractor , as Principal,
, as Surety, are held and firmly
Ten percent of
bound unto the City of Carlsbad, California, in the sum of
amount bid not to exceed
Five"Thousand and no/100 —"Dollars ($ 5,000.00 ), 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.: The
construction of concrete curb and gutter, sidewalk, driveways, and
cross gutter-at various locations.
Contract No. 1041
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 6th
day of June 19 77
Corporate Seal'(if corporation) G. Spikes. Cement & Masonry Contractor
Principal
(Attach Acknowledgement of
Attorney in Fact)
'ORIGINAL
Balboa Insurance Company
A7T. I,
Title .Attor'ney-ir/fac_t •
/ .\\.;t > ,;; ..;'/•;
/• •• '•"'' • "•• ^ ./ -.'•_
(Notarial acknowledgement of execution by all.PRINCIPALS and SURETY
muat be attached.) .
STATE OF CALIFORNIA )
)
County nf San Diego )
On this
Muriel Faust
-day of .TnnP 19 , before me
, a Notary Public in and for'the said
County of San Diego State of California, residing therein, duly commissioned and sworn,
personally appeared ^. T. Faust, Jy, known to me to be the Attorney-in-Fact of the Balboa
Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he
bscribed the name of the Balboa Insurance Company thereto and his own name as Attorney-in-Fact.
"c:;^;;^;:^-"^ W>l/^^vJWx/*y
»;/£/""YV\\ MURIEL FAUST "! Notary Public in and for the County of
^- / wi^*"'^K~;£> i ,„>* 11 ftirvr fl ri-.» nt n-n ,rt n.iir,,...... J* tScln Dl 62O r* t s>Si: , State of California
su
Bl 7CAE I
NOTARY PUBLIC - CALIFORNIA £
Princip)! Oflice, San Oiff;o Co. Call!. «J
My Commission Exp. K>!). 21, 19X1 I*
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660
0
1096
GENERAL POWER OF ATTORNEY NUMBER VALID ONLY IF IN RED
Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the
laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make,
constitute and appoint
A. T. FAUST. JR.
of San Piego and State Of California its true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver .
Contract Bonds (S.B.A. Guarantee Agreement) - $2.00,000.00; License &
Permit Bonds - $50,000.00; Miscellaneous - $50,000.00; Contract ""
Bonds -. $50,000.00; Court Bonds - $50,000.00; Fiduciary Bonds - $50,000.00
/
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31, 1977" ~
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the
premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa
Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
"Section 1. Attomey-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the
Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other
conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by
the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, Balboa Insurance Company Has caused these presents to be signed by its Vice President
and its corporate seal to be. hereto affixed this 27th day nf August A.D., 19 76
State of California )/ ss.:County of Orange j
On *i« 27th Hay nf August A.p.. 19 76 . before me personally came John E. Curtis
to me known, .who, being by me duly sworn, did depose and say, that he resides in Mission VieiO, California .
that he u Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed
the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Board of Directors of said Company; and that he signed his named thereto by like order.
Notary PuWie.C.WornJ« ! C/ & Notary Pub.*
ORAN6E COUNT/ \
\ MyCommbt1onEip!mJiily9, 1971 | i;™ummMMMMMMMnmnuMMMiiMmMMMml . >> '
I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, trro and correct
copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force
• and effect.
I And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
N|r - """"authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972, and that said resolution has not been amended .or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation,
i J' i. may be affixed or printed by facsimile.to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation."
/ ^-GIVEN undetby hand and the seal of said Company, at Newport Beach, California, this_i£ _ '. _ Hay Of
U
B29E672 V\ ^~^ Secretary
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 Signature
Type of Organization
(Individual, Co-Partnership or
Corporation)
Address
• . . 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
_0
_<2
o_
QQ_x
&/ pop
(^ . ' •
w '
<e
. Page 9
CONTRACT - .
made and entered into this /ffi day of
1971, by and between the City of Carlsbad,
California, hereinafter designated as the City, party of the first
part, and G. Spikes. Cement and Masonry Contrari-hr r hereinafter designated
as the Contractor, party of the second part.
W1TNESSETH: 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:
The construction of concrete curb and gutter, sidewalk., driveways, and
cross gutter at various locations.
Contract No. 1041
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
•themse-lves, 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
Invi-ting 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, re'gardless of responsibility for negligence.
IN WITNESS WHEREOF, the parties hereto have caused this contract
•to be executed the day and year first above written.
• • «
G. SPIKES. CEMENT AND MASONRY CONTRACTOR
Contractor , . , .(seal)
Title
by
Title
CITY tO5xC3&RLSBAD, CALIFORNIA
by.
•* ' t /v City Clerk
(Notarial acknowledgement of execution by all PRINCIPALS must be
attached . )
TO 1945 CA (8-74)
(Corporation)
STATE OF CALIFORNIA 1
San Diego ( ss-COUNTY OF -'"" " »-3v j
On J_Uly 18, 1977 before me. t
1 State personally appeared Robert C. FraZ66
% vnown to mM« b*- City Clerk xaafcUWf
i of the corporation that executed the within Instrument,
u known to me to be the persons who executed the within
a. Instrument on behalf of the corporation therein named, and
|H| TITLE INSURANCES^f AND TRUST
ATlCOn COMPANY
ie undersigned, a Notary Public in and for said
at and Margaret E . Adams
\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.
Signature
OFFICIAL SEAL
NORA K- GARDINERNOTAR> PUBLIC-CALIF.
PRINCIPAL OFFICE IN
SAN UltGO COUNIV
MY COMMISSION EXPIRES JAN. 29, 1980
(This area for official notarial seal)
TO 1944 CA (8-74)
.(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego
on July 13. 1977
t
a.ui
x
uJ0.
1-n
1
TITLE INSURANCE
ANDTRUST
ss.ATICOR COMPANY
State, personally appeared.G. Spikes
-before me, the undersigned, a Notary Public in and for said
, known to me
to be the person whose name 1 S subscribed
to the within instrument and acknowledged that h e
executed the same.
WITNESS my hand and official seal.
Signature /%*^,
OFFICIAL SEAL J
NORA K. GARDINER >
N OTARY PL) BLIC - CALIF. S"
PRINCIPAL OFFICE IN \
i ^Sg^*s SAN DIEGO COUNTY i'
I MY COMMISSION EXPIRES JAN. 29, 1980 ,-
« — M- •- f- - -^~- _^~ _f~ _^™
(This area for official notarial seal)
<*k,-
-Of
EXECUTED IN • T COUNTERPARTS 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. 5120 adopted June 21, 19.77 _
has awarded to G. Spikes Cement and Masonry Contractor
hereinafter designated as'the "Principal", a contract for: The
construction of concrete curb and gutter, sidewalk, driveways, and
cross gutter at various locations.
Contract No. 1041
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 v/ork 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 Q-. Sp\ k<S6 (jQrr^ejnk ^LY^CJ OAflbon Cu Cicn+f&.g.lt> C
as Principal, hereinafter designated as
Contractor and
• • as Surety, are held firmly bound unto
twenty three thousand two
the City of Carlsbad, in the sum of hundred twenty three and 25/100 Dollars
($ 23,22^.25 ) , 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 thereon
of any kind, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, that the Surety or Sureties will
pay for the same, in an amount not exceeding the sum specified in the
,bond, and also, in case suit is brought upon the bond, a reasonable
attorney's fee, to be fixed by the court, as required by the provisions
'of Section 4204 of the Government Code of the State of California.
Page 12
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 agreer
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 by the
Principal and Surety above named, on the *gyK day of CJo"--i^\
• , 19 T?. . 0
(See.:.)_ j-
_(Seal)
(Seal)
Contractor /
-P.&. Efl>ufd, lUrne^'rvi-ac-^ (seal)
Surety -
STATE OF CALIFORNIA )
\ f
County o/VJflU^/Dl^riQ )
On this (S4-¥S day of ^ C/C-X-^\ 79 ' ' , before mec •> ^4- ^i (A^LL-£~r\ , a Notary Public in and for the said
County f/^-^CA.-* ' ^.X t^<^Jt Q _ State of California, residing therein, duly commissioned and sworn,
personally appeared T-L->- ^~fJj^L^T\ known to me to be the Attorney-in-Fact of the Balboa
Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he
subscribed the name of the Balboa Insurance Company thereto and his own name as Attorney-in-Fact.
Notary Public in and for the County of
, State of Calif orn ia
vj
B17CAE1074
ORIGINAL
EXECUTEDD TN .^Jt SOPNTEBPARTS Page 13
PERFORMANCE BOND f i i
KNOW ALL MEN BY THESE PRESENTS; that
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Res. No. 5120 adopted June 21, 1977
has awarded to G. Spikes Cement and Masonry Contractor
hereinafter designated as the "Principal "f a contract for: The
construction of concrete curb and gutter, sidewalk, driveways, and
cross gutter at various locations.
Contract No. 1041
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 tc execute said
contract and the terms thereof require the furnishing of a bond for
the Faithful Performance of said contract;
NOW, THEREFORE, WE, Qr.b/?,' kga , (Wnfenl O^A A\36O/n CL\ _^r™ ;.— 3 •-
Jrf) f _ as Principal, hereinafter designated as
the "Contractor", and
. as Surety, are held and firmly bound
UntO the City Of Carlsbad, in the Sum Of fnrfy six thousand four hundred twenty
• . six and 50/100
Dollars ($ 46.426.50 ) / 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-
OF CALIFORNIA )
On
t »U A/~\' (g, i
<<me
County of
, a AWary Put/ic in and for the said
State of California, residing therein, duly commissioned and sworn,
personally appeared ~¥ • {--* rt^O.o'l known to me to be the Attorney -in-F act of the Balboa
Insurance Company, the corporation that executed the within instrument, and acknowledged to me that he
subscribed the name of the Balb03 InSUfSIICB Conipsny thereto and his own name as Attorney -in-F act.
': >x ".'! )'v;FL FAUST '
:;-;'";.i Nor<';'' :'';'-'.iC - CAUfGRMiA <•
Notary Public in and for the County of
\ g <\Q , State of California
B17CAE1074
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 <Q'\J~^ day ofTULJ w 19 n.
(Seal)
-ito.fW urety
- o -
ls\\ >J
7J//I
Page 15
CITY OE CARLSBAD
ENGINEERING DEPARTMENT
CONTRACT NO. 1041
SPECIAL PROVISIONS
I. GENERAL REQUIREMENTS
A. Scope of Work
1. The work covered by these specifications consists of furnish-
ing all labor, equipment and materials, and performing all
operations for the construction of concrete curb and gutter,
concrete sidewalk, driveway, cross gutter, and spandrel at
various locations as shown on Exhibit "A" which is part of
these specifications.
2. The primary purpose of this contract is to replace curb and
gutter, sidewalk, and driveway approaches that have been
damaged by tree roots. The City of Carlsbad will remove all
defective material, remove tree roots, rough grade the area,
and furnish the necessary surveying for the contractor to
fine grade and construct the concrete improvements. The City
will also remove and replace asphaltic paving adjacent to the
construction area.
The work to be accomplished by this contract will require
close coordination between the contractor and City forces.
The reconstruction sites are numerous and the majority small
in size. Consequently, the project will require a stage type
of construction. It is anticipated that from commencement of
work to completion willjse_ajDprpxjmaJ;el_x6__.mpjnihjLjJljluj^aj;lpjni..
The contractor, in submitting a bid on this project, must
realize that time lapses will occur during the stage con-
struction.
Due to the fact that small reconstruction sites will be en-
countered, the City will mark all curb,sidewalk and driveway
removal sites prior to the bidding period. The bidder shall
indicate on his bid proposal that he has examined the proposed
-improvement sites and is satisfied as to the conditions to be
encountered and scope of work to be performed. As indicated
in "Notice Inviting Bids," a job tour will be conducted on
May 25, 1977 at 2:00 p.m.
B. Plans and Specifications
The specifications for the work consist of the Standard Specifi-
cations of the City of Carlsbad, the 1976 edition of Standard
Specifications for Public Works Construction (hereinafter desig-
nated S.S.P.W.C.) as issued by the Southern California Chapter
Page 16
of the American Public Works Association, and these
contract documents and specifications. In case of
conflict, the Special Provisions shall control.
It shall be the responsibility of the contractor to
carefully examine the plans and specifications, the
proposal, and contract forms thereof. The submission
of a bid shall be conclusive evidence 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 materials to
be furnished, and as to the requirements of the pro-
posal, plans, and specifications and the contract.
C. Construction Schedule and Time of Completion
A construction schedule wi-11 be discussed and deter-
mined at a preconstruction conference, which will be
held in the office of the City Engineer prior to
starting construction.
The contractor shall begin work within (15) days after
being duly notified by an issuance of a "Notice to
Proceed" and shall diligently prosecute the work to
completion within (180) consecutive calendar days from
the date of commencement of said work.
D. Pedestrian and Vehicular Traffic Control
Traffic shall be maintained in accordance with
Section 7-10 of the Standard Specifications (S.S.P.
W.C.). Section 7-10.3 is modified as follows: "The
City of Carlsbad will furnish the contractor with
the necessary barricades."
E. Property Owner Coordination
The City will contact the property owners of drive-
ways to be reconstructed prior to removal and
replacement.
F. Konconforming Work
The contractor shall remove and replace any work not
conforming to the plans or specifications upon written
order by the City Engineer. Any cost caused by reason
of his nonconforming work shall be borne by the con-
tractor.
G. Water for Construction
The contractor jnay obtain City of Carlsbad water for
use on this project only at locations approved by the
City Engineer. There will be no charge to the
Page 17
contractor for City water «3fcilized directly in
completing his work. However, all water shall be
wetered and the contractor will be required to obtain
a construction meter from the City of Carlsbad Water
Department.
At the cross gutter and spandrel reconstruction site,
Alga Road and Estrella de Mar Road, the contractor
shall make necessary arrangements with the Carlsbad
Municipal Water District, 714-438-2722, for use of
water. The contractor will be responsible for any
charges made therefor, and no special compensation
for these charges will be made.
H. Utilities
The contractor shall protect all existing utilities
during the performance of his work pursuant to
Section 5 of the Standard Specifications (S.S.P.W.C.).
I. 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 therewith, but reserves the right to
Increase or decrease the amount of any class or portion
of the work, or to omit portions of the work, as may
be deemed necessary or advisable by the Engineer.
II. CONCRETE CURB AND GUTTER. SIDEWALK, DRIVEWAYS, CROSS
GUTTER AND SPANDREL
The construction of concrete curb and gutter, sidewalk,
driveways, cross gutter and spandrel shall conform to
Section 303-5 of the Standard Specifications (S.S.P.W.C.).
Portland Cement concrete shall conform to Section 201-1
of the Standard Specifications (S.S.P.W.C.).
Concrete sidewalk and driveway approaches shall be 4" in
thickness. The cross gutter and spandrel shall be 6" in
thickness. The type of curb and gutter to be installed
is indicated on Exhibit "A", which is part of these
specifications.'
t * V *'!!'./•
Page 18
The City will locate existing sewer laterals and
water services in the curb and gutter construction
areas. The contractor will be required to stamp
an "S" or "W" in the new curb and gutter at the
predetermined locations, indicating the existing
sewer or water facilities. The type of stamping ' i
tool shall meet the approval of the City Engineer.
o,
V
.J"
.•-, 6$*»'J_ f x ^+ ^
wo SCALE
o/
0/8
CoM"TfiAc-r
ROLL. TYPE
STO.CITV CAtSUSBAO
2" Weakened Plane Joint
i—1 1/2" except where elevations
I shown indicate otherwise.
1/2"
TYPE G
NOTES:
L.Concrete shall be 517 - C - 2500.
2. See Standard Drawing G-1 Of or joint details.
TYPE W •AREA
SQ. FT.
1.34
<J TTD t
with 6" Curb Face
LEGEND ON PLANS
*G" CUK.&
RECOMMENDED VI THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
iixloi RCE ISSOJ 0<U
DRAWING
NUMBER G-2
SAN DIEGO REGIONAL STANDARD DRAWING
CURB AND GUTTER - COMBINED
Revision By Approved Date
varies Width as shown on plan
f
I
I
NON-CONTIGUOUS
\
Widths? shown on plan
;/2" R
1/4" per ft.
1/2" R
Weakened Plane Joint —
CONTIGUOUS
NOTES
1. Concrete shall be 517 • C • 2500.
2. See Standard Drawing G-10 for joint details.LEGEND ON PLANS
Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
SIDEWALK • TYPICAL SECTIONS
RECOMMENDED BY THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
CeoidiMIW R.C.E. 1980! Dili
DRAWING
NUMBER G-7
Mid Point of Curb Return
P.C.R.
5' Typ.
NOTES
1. Expansion Joints at curb returns, and adjacent to structures.
(See Standard Drawing G-10).
2. Weakened Plane Joints at mid point of curb return, when required,
and at 15' intervals from P.C.R.'s (See Standard Drawing G-10).
3. 1/4" grooves with 1/4" radius edges at 5' intervals.
4. See Standard Drawing G-8 for installation of sidewalk ramps.
-»evfcon
*'
By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING
SIDEWALK JOINT LOCATIONS
RECOMMtNDEO 8Y THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
Cooidiiuiw R.C.t I9SO) Dm
DRAWING p n
NUMBER U-3
s Expansion Joint filler material
•1/4" R
.
*"•>•*
.*•*
.- ••'.>.*..* "
_J
s
• 1/2"
• 1/4" R
[v'.v£
*;. esi
& '"*•• >-
; ••.;"i>. •».•;•.?>
|
/>•'•'• '-*D
/
V.v*i~-- .--i.*-j:£-V*'; ' -^|
1 -<s
# 4 x 22" Bar x 30" C.C.
EXPANSION JOINT CONTACT JOINT
Preformed Joint filler
r-1/4" R
-3/16"
WEAKENED PLANE JOINT
PAVEMENT
WEAKENED PLANE JOINT
SIDEWALK
-1/4" R
V'"^L
[*&*&, r
^^
^
Cii—
5CM
1 i^
v •.->.'.•:
-^
" ^1
-1 5/8"
KEYED JOINT
AMENDED BY THE SAN OIEGO
iMfONAl STANDARDS COMMITTEE
R.C.E. 1980) Dm
DRAWING
NUMBER G-10
SAN DIEGO REGIONAL STANDARD DRAWING
CONCRETE JOINT DETAILS
Revision BY Approved Date
Radius
Contact Joints per Standard
Drawing G-10 when
separate pours are made '
PLAN
10' unless otherwise
1/2" R typical'
Top of Paving
/ / / IJ.
Base material as shown on plans
SECTION A-A
NOTES
1. Concrete shall be 517 • C - 2500.
2. = Weakened plane joints.
3. •* -* = Typical flowlines.
4. O = Elevations to be shown on plans.
5. Return segments to be 6" thick.
LEGEND ON PLANS
COMMENDED >V THE SAN DIEGO
REGIONAL STANDARDS COMMITTEE
CMt4uitiM R.C.E. ISM) Din
DRAWING
NUMBER G-12
SAN DIEGO REGIOMAL STANDARD DRAWING
CROSS GUTTER
Revision By Approved Date
Property Line
Non-contiguous Sidewalk
^* — Contiguous Sidewalk
Weakened Plane Joint
C
PLAN
Driveway Curb. Opening
Driveway width shown on plans
Depressed Curb
.v*.-. -i
Bottom of Curb }
ELEVATION
.12" R (typ.)
Edge of Sidewalk"->. I
1- Normal Rise 1/4" per foot
4" Residential
6" Commercial SECTION 2" R 1" above Gutter
NOTES
1. No concrete shall be placed until forms and subgrade are inspected by the
Agency.
2. Concrete shall be 517-C-2500. '
3. Weakened plane joints required on driveway (£ for driveways 12 ft. to 24 ft. •
wide, driveways wider than 24 ft. to 30 ft. wide shall have two weakened
plane joints evenly spaced.
4. See standard drawings G-15 and G-16 for width and location requirements.
LEGEND ON PLANS
i 1
• - 1 --- 1 -
'1
of — Residential
(Commercial)
nveway
RECOMMENDED «Y THE SAN OIECOSTANOA)">S COMMIIT«
Cmdiiutot H.C.E. 1380) Otu
DRAWING
NUMBER
REGIONAL STANDARD DRAWING
CONCRETE DRIVEWAYS
ReV'Si°n By Approvcd Date