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HomeMy WebLinkAboutGriffith Company; 1979-06-18; 1066CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR CONSTRUCTION OF STREET RESTORATION IMPROVEMENTS IN PORTIONS OF . TAMARACK AVENUE, EL CAMINO REAL AND.PALISADES DRIVE CONTRACT NO, 1066 APRIL, 1979 TABLE OF CONTENTS PAGE ITEM 1 NOTICE INVITING BIDS 3 - PROPOSAL 6 BIDDER'S BOND 7 DESIGNATION OF SUBCONTRACTORS 8 STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE 9 CONTRACT ' • 11 -LABOR AND MATERIAL BOND 13 PERFORMANCE BOND 15 SPECIAL PROVISIONS > ' Page 1 * < CITY OF CARLSBAD, CALIFORNIA ' . NOTICE INVITING BIDS«M;;- • . ' - 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 23rd day of May , 19 79 , at which . time they will be opened and read for performing the work as follows: Construction of Street Restoration Improvements in Portions of Tamarack Avenue, El Camino Real, and Palisades Drive. Contract No. 1066 ' Said work shall be performed in'strict conformity with the specifications therefor as a'pproved by the City Council of the City of Carlsbad on file in the Public Works Department. Ref- erence is hereby made to said specifications for full particu- lars and description of said work. No bid will be received unless it is made on a proposal form furnished by the Public Works 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 (101) of the amount of bid; said guaranty to be for- * feited 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 for by the bid' re- quirements. The do'cuments included within the sealed bids which require completion and execution are the following: . 1. Proposal 2. Designation of Subcontractors 3. Bidder's Bond 4. Contractor's Financial Status • . ' Said documents shall be affixed with the appropriate no- taried signatures and titles of the persons signing on behalf of the bidder." For corporations, the signatures of the presi- dent or vice-president 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 signa- ture 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, Divi- sion 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the pro- posal. The estimated cost of the work is $20,000. Page 2 Plans, special provisions and contract documents may be obtained at the Public Works Department, City Hall, Carlsbad, California, at no cost to licensed contractors. A nonrefundable charge of NONE will be required for each set of plans, spe- . cial provisions and contract documents-for other than licensed contractors. It is requested that the plans and special provi-•' sions be returned within two (2) weeks after the bid opening. The City of' Carlsbad reserves the right to reject any or all bids and to \tfaive any minor irregularity or informality in such bids. A project tour will be conducted by the City of Carlsbad Public.Works Department on May 17, 1979 . / The general prevailing rate of wages for each craft or type of workperson 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, Ar- ticle 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1773.2 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 to whom the con- tract is awarded to pay not less than the said specified prevail- ing rates of wages to all workpersons employed by him/her ""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 apprentice- ships as required on public ivorks projects above thirty thousand dollars ($30,000) or twenty (20) working days. The amount of the bond to be .given for the faithful per- formance of the contract for the said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to fifty percent (50%) 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, Cali- fornia, by Resolution No. 5759 adopted on May 1 » 19 79 . May 2, 1979 rfj£2&, dC IttsGt^- Date~ ALETHA L. RAUTENKRANZ, CITY CLERK T Page 2A SPECIAL NOTICE Prior to submitting a bid on this project, it is advisable that each contractor investigate the work area for street restoration improvements, Per the notice inviting bids, a project job tour will be conducted on May 17, 1979 at 10 A.M. Contract No. 1066 is a storm damage emergency contract and the exact extent of damage cannot be determined until excavation and investigation of subgrade conditions are undertaken. Consequently, the City of Carlsbad reserves the right to increase or decrease the amount of work to be done. Page 3 C I T Y 0 F C A R L S B A D . CONTRACT NO'. QRJFFITH COMPANY PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. in accordance with the plans and specifications of the City of Carlsbad, and the special provisions, and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: . Approximate Quantity § Unit Article with Unit Pri'ce or Unit Lump Sum Written in Words Price TOTAL 10,400 sq'. ft. (Tamarac1-'. Ave.) 200 cubic yards (Tamarack Ave.) 220 tons (Tamarack Ave.) 8400 sq. ft. (El Camino Real) Remove approximately TO,400 square -feet of existing 3V1 asphalt concrete paving on Tamarack Avenue at r$per sq.. ft, 200 Cubic yards disintegrated granite in place at ^ ^ fc-^ • . .per cubic yard 220 tons asphalt concrete pav ing in place at er ton Remove approximately 8,400 square feet of existing 4" asphalt concrete paving on El Camino Real at 0 oer so. ft. GRIFFITH COMPANY Page 3A Approximate Quantity & Unit Article with Unit Price or Lump Sum Written in Words Unit Price TOTAL 8 10 11 , t^'1- S ' 160 cubic yards (El Camino Real) 180 tons (El Camino Real) 1,000 sq. ft. (Palisades Drive) 25 cubic yards (Palisades Drive) 16 tons (Palisades Drive) lump sum (Tamarack Ave. & El Camino Real") Estimate 2 (Tamarack Ave.) 160 cubic yards disintegrate^' granite in place at ^ per cubic yard 180 tons asphalt concrete pav- ing in place at per ton Remove approximately 1,000 sq. ft. of existing 3" asphalt con- crete 'paving on Palisades Drive at /A6 per sq. ft. 25 cubic yards of disintegrated granite in place at per cubic yard 3 16 tons asphalt concrete paving in place at -/ CTy V per ton Rembve sand, silt and debris from the storm drain and struc- tures on Tamarack Avenue and El Camino Real at lump, sum Grout joints as required in 24" RCP storm drain at .Q t/ ^A^LC'/J^J each • GRIFFITH COMPANY Page 3B Item Approximate Article with Unit Price or Unit No.^. Quantity & Unit Lump Sum Written in Words ' Price TOTAL Estimate 2 Grout joints as required in 36" RCP storm drain at <0 ri £"7 each . TOTAL (/N FIGURES) TOTAL (IN WORDS) . . • '•' '. GRIFFITH COMPANY page 4 All bids arc to be computed on the basis of the given es- .timated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a dis- crepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the cor- * rected extension shall be calculated and the bids will be com- puted as indicated above and compared on the basis of the cor- rected totals. -.-'..' The estimated quantities of work indicated in this proposal are approximate only, being given solely -as a basis for compari- son 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 poli- cies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. • ' Licensed in accordance with the Statutes of the State of 'California providing for the' registration of contractors, Li- cense No. ft 32168 , Identification A-SB-I-SC-IZ _ • The undersigned bidder hereby represents as follows: (1) That no Councilperson, 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 of- . ficers, agents or employees, has induced' him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and (2) that this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud, Accompanying this proposal is ^^"^^^^ (cash, certified check, bond or cashier's check) in an amount not less than ten percent (lOS) 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 workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Page 5 $714) 297-4455 GRIFFITH COMPANY Phone Number Date Bidder s Nair.e thorized Signature . COMPANY .P.O. BOX 33187., SAN DICGO. CALIF. 921Q3 Bidder's Address Authorized) Signature ROBERT D. LYTLE SECRETARY CORPORATION 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: ' • . V v/e wiH furnish the insurance required by the . . ' specifications, however, we will state on the • '•'••' certificate of insurance that the certificate ; . . . • •• ' • . is subject to the terms, conditions and .exclusions ^' • • stated in the listed policies. . *. ' (NOTARIZE OR CORPORATE.SEAL) . : "' (Notarial acknowledgement of execution by PRINCIPAL(S) must be attached) GRIFFITH COMPANY OFFICERS George P. Griffith Donald L. McGrew Robert D. Lytle John E. TigerJanes A. Hearn James B. Hayden Janes D. Waltze Vincent Diaz Tenny R. Fogelberg Evan E. Millington Ned G. Hichou John E. Snider President Executive Vice President Vice President-Secretary/Treasurer- Chief Financial OfficerVice President Vice President/District Manager Vice President/District Manager Vice President/District Manager Assistant District Manager Assistant District Manager Assistant District Manager Controller Assistant Secretary 314 Robinhood Lane 304 Avenida Monterey 1830 Ocean Boulevard 2360 Mountain Avenue145 - 21st Street 5411 Warwick Place 284 Bucknell Road 4S08 Greenmeadow Road 19774 Golden Bough Drive 915 Paloma Street 2213 Linnington Avenue 3958 Franklin Avenue Costa Mesa San Clemente Long BeachNorco Del MarBakersfield Costa Mesa Long Beach Covina Bakersfield Los Angeles Los Angeles 9262 .• 92672 90802 91760 . 92014 93309 • 92627 90808 91722 93304 90064 90027 STATE OF CALIFORNIA, COUNTY OF . SAN B1EGO a^^m»«™OFFICIAL SEAL SANDRA J. GJSH I NOTARY PUBLIC CALIFORNIA ; NOTpmNC.PAL OFFICE IN | ss. on ULZ£. before me, the undersigned, a Notary Public in and for said State, personally appeared 1ST /?• MtftftfsJ , known to me to be the .President, and ^ • k- LLJJ-\^_^ (known to me -Secretary of_to be the. GRIFFITH COMPANYthe Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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. Notary Public-injand for said State. ACKNOWLEDGMENT-Corp., Pres. & Sec., Wolcotts Form 223—flev. 344 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO >SS- ON BEFORE ME, THE UN FOR SAID COUNTY, PERSONALLY APPEARED TO BE THE PERSON WHOSE N/WE OF UNITED PACIFIC INSURANCE t?. A NO IY/PUBLIC IN AND /KNOWN TO ME FFICIAL SEAI SANDRA J. GISH NOTrtRY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires April 29. 198Q" IS SUBSCRIBED TO THE WITHIN INSTRUMENTAS ATTORNEY-IN-FACT COMPANY", AND ACKNOWLEDGED TO ME.THAT __HE SUBSCRIBED THE- COMPANY, AS SURETY AND H/J^ OWN NAME AS ATTORNEY-IN- MY COMMISSION EXPIRES '., 19.NOTARY PUBLIC IW/AND FOR SAID COUNTY STATE OF CALIFORNIA, COUNTY OF .LOS ANGELES $AN DIEGO «illlil!l«iHm™™»»"™"" OFFICIAL SEAL SANDRA J. GISH NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY SS. ON_ before me, the undersigned, a Notary Public in and for said State, personally appeared "-J-. /?- /-*£''/?'€*/ , known to me to be the WCE President, and £* > & • ^y//g- . _, known to me to be the_-Secretary of_ mMPAMV the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or aresolution of its board of directors. WITNESS my hand and Notary Public ijtarid for said State. ACKNOWLEDGMENT-Corp., Pres. & Sec., Wolcotts Form ZO-Rev. 344 Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, GRIFFITH COMPANY and UtUTEQ PACIFIC i __, as Principal, , as Surety, are held and firmly bound'untg the City of Carlsbad, California, in the sum of TojAL^Sn^y^yj^pg ; .-"• ' Dollars gjjj |^ DQ^ClLA'RflJ"" ***** >***"($ ), lawful money of the United States for the pay- ment of which sum well and truly to be made,, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: CONSTRUCTION OF STREET RESTORATION IMPROVEMENTS IN PORTIONS OF .TAMARACK AVENUE, EL CAMINO REAL, AND PALISADES DRIVE. CONTRACT NO. 1066 in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and -insurance policies within twenty (20) days from the date of award of con- tract by the City Council of"the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and •effect, and .the amount specified herein -shall be forfeited to the said City. *. '• In the event any Principal above named executed this .bond as an individual, it is agreed that the death of any such Prin- cipal shall not exonerate the Surety from its obligations under this bond. IN -WITNESS WHEREOF, we hereunto set our hands and seals this day of '_ Corporate Seal (if corporation) GRIFFITH COMPANY UNITED PACIFIC INSURANCE COMPANY Suret Title ~7, (Attach Attorney in Fact) of ROBERT D. LYTL£SECREfrARY (Notarial acknowledgement of exe- cution by all PRINCIPALS and SURETY must be attached.) HOME OFFICE. TACOMA. WASHINGTON POWER OF ATTORNEY th" UN'TED •>AC'FIC INSURANCE COMPANY. . «rpor.«,on duly organiz* under the ..w, of the .«n.t,tu».r«, appoint C. H. COYLE, JR. of SAN DIEGO, CALIFORNIA Wtrue and lawful Attorney-in-fact, to make execute, seal and deliver for and on its behalf, and a* its act and'dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind tha UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the ume extent as if such bonds and undertakings and other writings obligatory in tha nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by on* other of such officers, and hereby ratifies and confirms all that its said AttorneyUI-in-fact may do in pursuance hereof. This Power of Attorney is'granted under and by authority of Section 37A of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect, reading as follows: SECTION 37A - ATTORNEYS-IN-FACT SECTION 1. The Board of Directors, the Pretident, or any Vice-President or Assistant Vica-Prei.dunt shall have power and authority to: (a) appoint Attorneyi-in-fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writing* obligatory in the nature thereof, and (W to remove any such Attorney-m-fact at any time and revoke the power and authority given to him. SECTION 2. Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity end other writings obligatory in the nature thereof The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in • the nature thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UJVITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October. 1971. at which a quorum was present, and said Resolution ' not been amended or repealed: "t;-,. "Resolved, that the signatures of such directors and officers and the seal 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 valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal (hall be velid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITEOPACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice-President, and its corporate ! «•»! to he hereto affixed this 22nd rf»v of July 19 74. UNITED PACIFIC INSURANCE COMPANY i STATE OF WashingtonCOUNTY OF Pierce On this 22nd _day of. I July Vice-President .. 1924, personally appeared MORRIS E. BROWN ____________________________ . to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A. Section 1 and 2 of the By-Laws of said Company and the Resolution, set forth therein, are mil in full My Commission Expires: January 15 . 19 _2_L Notary Public in and for State of P. Keith Johnson . Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the i and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full force and effect. . ^_s /^ - ^IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Company this WBDU-1431 ED 7 72 day of 19.___\ f Page 7 DESIGNATION OF SUBCONTRACTOR The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that*the subcontractors listed will be used for the work for which they bid, subject to the approval of the Public Works Administrator, and in accordance with applicable provisions of the specifications. No changes may be made .in these subcontractors except upon the prior approval of the Public Works Administrator of the City of Carlsbad. The following information is required for each subcontractor. Ad- ditional page can be attached if required. Item(s) of Work Pull Company Name Complete Address A.C. & Phone No, GRIFFITH COMPANY (SEAL).dder' s Name A,VICE 'R 0 _ rized Signature ROBERT a LYTLB SECRETARY CORPORATION Type of Organization (individual, part- nership or corporation) . ... GRIFFITH COMPANY P. 0. BOX 33107AddressSAN DIEGO, CAUF, 92103 City, state, zip uoae Page 7A . DESIGNATION OF SUBCONTRACTOR (continued) •• The bidder is to :provide the following information on the '. subbids of all the listed subcontractors as part of the sealed 'bid submission. Additional page can be attached if required. Full • Type of State Carlsbad Amount Company . Contracting Business of Name License & No. License No.* Bid ($ or *Licenses are renewable annually by January 1st. If no valid li- cense indicate "none." Valid license must be obtained prior to .working on project. • . «3RIFFITH COMPANY Ldder's Name ij. A. Hearn (SEAL) -.<rZaiir^\^ - 3. A.Hearn r; VICE PRES.DENT ViCE PRESIDFNT rized Signature O- V9'r-s . A, x ROBERT D. LYTLE U SECRETARY Page 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 1 TECHNICAL ABILITY AND EXPERIENCE (The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references which will enable .the City Council to judge his/her responsibility, experience, skill and. business standing.) ' . • ^ -.••-.• The undersigned submits herewith a statement of his/her financial responsibility. •-• -:-- -• ^--tv. -.-;,- •:-• ...-....-•- The undersigned submits'-below a statement of the work of similar character to that included in the proposed contract which he/she has successfully performed. GRIFFITH COMPANY •rtf. A. Hearn ': VICE-PRESIDENT. (NOTARIZE OR CORPORATE SEAL)ROBERT D. lYTLE Page 9 CONTRACT THIS AGREEMENT, made and entered into 'this day of _" , 19 , by and between the City of Carlsbad, California, hereinafter designed as "City", party .of the firstt • part, and Griffith Conroanv hereinafter designated as "Contractor", party of the second part. » WITNESSETH: The parties hereto do mutually agree as fol- lows: . • 1. For and in consideration of:the payments and agreements hereinafter mentioned to be -made and performed by City, the Con- tractor agrees with the City to furnish all materials and labor for: CONSTRUCTION OF STREET RESTORATION IMPROVEMENTS IN PORTIONS OF TAMARACK AVENUE, EL CAMINO REAL, AND PALISADES DRIVE. CONSTRACT NO. 1066 and to perform and complete in a good and \\Torkpersonlike manner all the work- pertaining thereto shown on the plans and specifica- tions therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (ex- cept such materials, if any,, as in the said specifications are stipulated to be furnished by City), and to do everything -required . by this agreement and the said plans and specifications. • 2. For furnishing -all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties whcih may arise or be en- • countered 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 borned by the City; and for well and faithfully completing the work and the \\rhole 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 said Con- tractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and refer-.red to for the price aforesaid and in accordance with the conditions set forth in the Page 10 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, Con- tractor's Proposal, and the plans*and specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made a part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of'workperson 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 safe harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting di- rectly 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 cpn- tract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) GRIFFITH COMPANY (seal) VIC SENT/DISTRICT MANAGER Title APP ROBERT D. LYTLE SEC8ETARY Title CITY OF jQARLSBAD, CALIEOJINIA By / May or ATTEST: /•'' v i'ty Clerk STATE OF CALIFORNIA, COUNTY OFjaJEfflMKK SAN DIEGO OFFICIAL SEAL SANDRA J. GISH NOT/W 3UC CALIFORNIA PRINCIPAL OFFICE IN-vosirr SAN DIEGO COUNTY My Commission Expires April 29,1£ ss. ^^-^ 19 79 , before me, the undersigned, a Notary Public in and for said State, personally appeared J. A. Hearn ( known to me to be theVice Prssirifint, and R. D. Lytle to be the Sprretare nf GRIFFI1]known to me the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or aresolution of its board of directors.. WITNESS my hand and official seal.N •-" LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS;• Page 11 Bond No. U 08 36 11 Executed in 4 Counterparts ' "The FremnMi drargsd for &- ^™ °°W" WHEREAS, the City 'Council of the City of Carlsbad, State of * California, by Resolution No. 5801 adopted June 5, 1Q79 _ '_ has awarded to Griffith Company _ , • _; _ _ hereinafter designated as the "Principal", a contract for: * CONSTRUCTION OF STREET RESTORATION' IMPROVEMENTS IN PORTIONS OF TAMARACK AVENUE, EL CAMINO REAL,- AND PALISADES DRIVE. . CONTRACT NO. 1066 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors, shall fail to pay for any ma- terials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done^, or for any work or labor done thereon of any kind, the Sure'ty on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE Griffith Company ___ ~' as Principal, hereinafter designated as Contractor, and United Pacific Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Two Thousand Seventy Six and 25/100 ---^---Dollars ($22,076.25 ) said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fai-l 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. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Pdge 12 1192.1 o£ 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 4-205 of the Gov- ernment 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 ad- ditions to the terms of the contract or to the work to be per- formed thereunder or the specifications accompanying the same shall, in any way, 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 ev.ent any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the isth day of , 19June 79 Griffith Company (Seal) J. A. liearn VICE PRESiDENT/DISTRICTMANA^Ef* J (Seal) ROBERT D, LYTUE Contractor SECRETARY United Pacific InWmance Coftpfcny (Seal) (Seal) Harry J. Collihs, Attorney-in-Fact (Seal) SuFety (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached) State of California County of Los Angeles ss: On June 18 , 19 79 , before me, the undersigned, a Notary Public in and for said County, personally appeared Harry J. Collins known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as Attorney-in-Fact. , '-. v» %"v •$"'"• V*oJ ^n-* /•'a VTHA J. CHASE y Kiirxip.-M. orr:CL 1:1 « ^Ss&fS LC3 AMBLES COUNTY My Commission exj!ftfe<Fniis5lon ^P'1"85 April 3, 1981»»»»*»»«<• BDU-1818 ED. 3/72 (CALIF.) f fff-f f jf^ JL L- •JmrT>i^i*~>r -f- ^-^—^ j/ Notary Public Hi-lind/for said County STATE OF CALIFORNIA, COUNTY OF XQSXSBBIXK SAN DIEGO OFFICIAL SEAL SANDRA J. GISH j NOTARY PUBLIC CALIFORNIA | PRINCIPAL OFFICE IN | ^ SAN DIEGO COUNTY Commission Expires April 29, 198Q,i.uiiiui«l»l SS. ON JUNE 18, 19_79_, before me, the undersigned, a Notary Public in and for said State, personally appeared J' A. Hearn _( |<nown {0 me [Q \^s (he Vice Presidpnt, anri R- D- Lytle ( known to me to be the Secretary nf GRIFFITH COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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 I Notary Pumic in and for said State. ORIGINAL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; Page 13 Bond No. U 08 36 11 Executed in 4 Counterparts Premium: $331.00 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 580T. adopted June 5, 1979 , has awarded to Griffith Company ; ; . , hereinafter designated as the "Principal", a contract for: CONSTRUCTION OF STREET RESTORATION IMPROVEMENTS IN PORTIONS OF TAMARACK AVENUE, EL CAMINO REAL, AND PALISADES DRIVE. CONTRACT NO. 1066 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Griffith Company , as Principal, hereinafter"designated as the "Contractor", and • United Pacific Insurance Company . as Surety, are held and firmly bound unto the City of Carlsbad, in the sum °f Forty Four Thousand One Hundred Fiftv Two & 50/100 -Dollars ($ 44.152.50 )» said sum being equal to 100 percent (100%): of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors' or assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION. IS SUCH that if the above-- bounden Contractor, his/her or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein speci- fied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carls- bad, 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 specifications accompanying the same shall not affect its obligations on this bond, and it does hereby waive Page 14 notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. . In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this'instrument has been duly executed by the Contractor and Surety above named' on the 18th day of 'June ^ f 19 79 . Griffith Company ~., ...rafetti o. LYiut Contractor SECRETARY (Seal) X i-Unit'ed Pacific Insurance do (Seal) • (Seal) Hafery J. Collins, Attorney-in-Fact, (Seal) Surety (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached) STATE OF CALIFORNIA, COUNTY OF LBSaflKKEX SAN DIEGO iKJlHHInniimnmiiiiiMimiiMimimmiiuimiimmiuimmiin OFFICIAL SEAL I SANDRA J. GISH | NOTARY PUBLIC CALIFORNIA | PRINCIPAL OFFICE IN | 3 -%SiSs8S»- SAN DIEGO COUNTY | I My Commission Expires April 29,198Q I BiliuiiiiuuuuuiiinnuiiiiiiHiiiiiiiiiuiiuiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiHiiiiiuuiiiiAiiiiiil SS. JUNE 18,79 before me, the undersigned, a Notary Public in and for said State, personally appearedJ- A. Hearn to be the_ PresMflnt . D. Lytle _Secretary oL GRIFFITH COMPANY _, known to me the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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. oorp., Pres. & Sec., Wolcotts Form 223—Rev. 3-64 State of California County of Los Angeles ss: On June 1 8 _ , 19 79 _ before me, the undersigned, a Notary Public in and for said County, personally appeared Harry J. Collins _ known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that _ he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and his own name as Attorney-in-Fact. J. CHASE . ;C- C ".: ifOKMA o• -/r.':^;: IN ., ; My Commissiof!) .e^aif ss^. <• ... ^ j, ».- A:>;ii 3, 1981 BDU-1818 ED. 3/72 (CALIF.) ST ORIGINAL Page 15 C ' " CITY OF CARLSBAD -%»..>»•• CONSTRUCTION OF STREET RESTORATION IMPROVEMENTS IN PORTIONS OF TAMARACK AVENUE, EL CAMINO REAL AND PALISADES DRIVE • CONTRACT NO'. 1066 SPECIAL PROVISIONS A. GENERAL REQUIREMENTS 1. Work to be Done The work to be done consists of furnishing all labor, equipment, materials, and performing all operations for street restoration improvements in portions of the following streets: AREA #1 - Tamarack Avenue from El Camino Real to approximately 400 feet westerly. AREA #2 - El Camino Real from Tamarack Avenue to approximately 700 feet southerly. V-.,AREA #3 - Palisades Drive from Tamarack'Avenue to approximately 50 feet northerly. 2. Plans and Specifications The specifications for the work consist of the Standard Specifications of the City of Carlsbad, the 1976 Edition of Standard Specifications for Public Works Construction (hereinafter designated S.S.P.W.C.) as issued by the Southern California Chapters of the American Public Works Association, and these contract documents and specifications. The standard drawings utilized for this project are City of Carlsbad drawings and drawings from the Regional Standard Drawings of the San Diego Area. Copies of pertinent standard drawings are enclosed with these documents. 3. Construction Schedule and Time of Completion A construction schedule is to be submitted by the Contractor per Section 6-1 of the S.S.P.W.C. Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. Page 16 The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall dligently prosecute the work to completion within (30) consecutive calendar days from the date of receipt of said "Notice to Proceed." 4. Nonconforming Work The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of his/her nonconforming work shall be borne by the Contractor. 5. Guarantee All work shall be guaranteed for one year after completion and any faulty work or materials discovered during the guarantee period shall be repaired or replaced promptly. 6. Water for Construction The Contractor shall obtain a construction meter for water utilized during the construction of this contract. The Contractor shall contract the appropriate water agency for requirements. The City shall bear the cost for all water utilized during this contract. • 7. Surveying Surveying service for this project shall be performed by the City of Carlsbad or their authorized agent. Requirements of the Contractor pertaining to this item are set forth in Section 2-9 of the S.S.P.W.C. B. DISINTEGRATED GRANITE BASE 1. Disintegrated granite base material shall conform to the requirements of Section 400-2.3 of the S.S.P.W.C. C. ASPHALT CONCRETE PAVING 1. Asphalt concrete paving shall conform to Section 302-5 of the S.S.P.W.C. Asphalt concrete paving viscosity grade shall be AR 4000. 2. Section 302-5 is modified to require that a 3 inch or 3% inch thickness of the asphalt concrete pavement be placed in two courses, being two inches or 2% inches in thickness of base course and 1 inch thickness of surface course. Mixture of each course to be approved by the Engineer. Page 17 3. All new asphalt concrete pavement shall be fog seal coated with asphalt emulsion a.s directed by the Engineer and as set forth -in Section 37-1 of the California Division of Highways Standard • Specifications. 4. Payment: Compensation for asphalt concrete pavement including fog seal coat sfoall be included in the asphaltic concrete pavement bid item, and no other compensation shall be provided. D. EXCAVATION 1. Excavation shall meet the requirements of Section 300 of the S.S.P.W.C. 2. All excavated concrete, paving, base material, and dirt subgrade containing deleterious materials shall be removed from the work sites and disposed of by the Contractor. E. SPECIFICATION REFERENCES 1. Clearing and grubbing, and backfill shall meet the requirements of Section 306-5 of the S.S.P.W.C. V.., 1" max graded aggregate. SECTION NOTES 1. For trenching on improved streets see Standard Drawing G - 24 or . G • 25 (or resurfacing details. 2. (*) indicates minimum relative compaction. c 4" clearance (min) RtCOUMFNDED BY THE SAN OlfGD H&ION/U STANDARDS COMMUIU tuoidiiuim B C f . DRAWING n rnNUMBER U-bU SAN DIEGO REGIONAL STANDARD DRAWING PIPE BEDDING AMD TRENCH BACKFILL FOR STORM DRAINS Revision By Approved Date