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HomeMy WebLinkAboutGriffith Company; 1979-12-05; 1073CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS'& SPECIFICATIONS FOR ' THE IMPROVEMENT OF MARRON ROAD CONTRACT NO.' 1073 OCTOBER, 1979 TABLE OF CONTENTS PAGE ITEM • 1 NOTICE INVITING BIDS 3 PROPOSAL. 6 BIDDER'S BOND - 7 DESIGNATION OF .SUBCONTRACTORS , - • x - • 8 STATEMENT OF FINANCIAL RESPONSIBILITY, TECHNICAL ABILITY AND EXPERIENCE 9 CONTRACT 11 LABOR AND MATERIAL BOND ' 13 PERFORMANCE BOND 15 GENERAL PROVISIONS 19 SPECIAL PROVISIONS 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 4:00 p.m. on the 5th day of ' November > 19 79 , at which time they will be opened and read for performing the work as follows: IMPROVEMENT OF MARRON ROAD - CONTRACT NO. 1073 Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering 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 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 (10%) 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 documents included within the sealed bids which require completion and execution are the following: 1. Proposal 2. Designation of Subcontractors 3. Bidder's Bond 4.. Bidder's Statements of Financial Responsibility, Technical Ability and Experience Said documents shall be affixed with the appropriate no- tarized 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 $58,600.00 for Alter- nate I and $43,300.00 for Alternate II. 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 for the.first set. Additional sets are available for a non-refundable fee of SlO.OQper set. • .- .. ,- The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. ,>;.'••=:; . . • A project tour will be conducted by the City of Carlsbad ' Engineering" Department"at project site on 10/31/79 at 10:00.a.m. 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, Chap- ter 1, Article 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 . contract is ax^arded to pay "not less than the said specified prevailing rates of wages to all \«>rkpersons 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 California 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 (20) working days or for specialty contractors not bidding for work through a general or prime contractor involving more, than two thousand dollars {$2,000)" or more than five (5) working days. . The amount of the bond to be given for the faithful perform- ance of the contract for 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. Partial and final payments on this contract shall be in ac- cordance with Section 9 of the 1979 edition of "Standard Specifi- cations for Public Works Construction." Approved by the City Council of the City of Carlsbad, Cali- fornia, by Resolution No. ^jy*? adopted on the £fjo day of 197? • • DATE GRIFFITH COMPANYPage 3 CITY OF -CARLSBAD CONTRACT MO. 1073 IMPROVEMENT OF MARRON ROAD City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 PROPOSAL 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. fO1?^ 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 folloi\ring unit prices for each item complete, to wit: Item . No. Description of Work Estimated Unit Quantity § Unit Price TOTAL ALTERNATE I Remove concrete curb and gutter at C}s*\f Dollars Cents per lineal/foot : Remove existing sidewalk at Dollars per Cents re foot Remove exisis/ting traffic island fc/k — \A~Sj Dollars Cents per lump sum Construct wheel chair ramps at ^A^g>c Jl^sjL*/) ' Dollars § /J^ ; __Cents per each Construct 6" separate curb at Dollars Cents per lineal toot 620 L.F. 2»430 S- LUMP SUM 9 EACH 80 L.F.X/QO GRIFFITH COMPAN^8Pace 3A Item . • No. Description of Work • 9 10 11 12 Estimated Unit Quantity S Unit Pr ice Construct 6" cross gutter at ^fj^-^ .__ Dollars «' r ~lM , i e^j^^y^ -y /f Cents per square/foiDt ?• Remove concrete gutter at Dollars Centsn^^**-*r i 'ii i i -TrT- ..Tfr • 1-^1 i 1.1 rBper square toot Remove § reconstruct curb inlet, Type C A/o _Dollars Cents per each Construct 4" P.C.C. Sidewalk-at Dollars Cents <• f • —y if "^ --'/— --J-^r.--—^-- ~per ot Construct Type -G curb § gutter at ^* Dollars per Cents 1 foot Asphalt paving 5 seal coat, at Dollars • ___ __ --- --- i -- ---•----•- "- ' ~\ _________ -_--T_L-— _II_TI. Cents per ton Aggre Base, Class II, at Dollars Cents . per t/>n ALTERNATE II »-^-,,. .-., - l-l-l. ' -.«!•.-•— I I ' ' — II . « 1-6 Complete Bid Items 1 through 6 at the same prices and quantities given in Alternate I 7 Remove concrete gutter at per sq^re 'foot _Dollars .Cents 350 S.F. 4 EACH 8»140 1,713 L.F. 66 TONS 280 TONS 1,180 S.F. 8,470 S.F. QA< /Q OOOs. Subtotal 'GRIFFITH COMPANY Page 3B Item . • No. Description of Work 8 10 11 12 13 14 15 16 Estimated Unit Quantity S Unit Price Remove and reconstruct cxrb inlet, Type C, a Dollars Cents per each Modify existing curb inlet/at GW. reUoAAAyO JZ^ (LJWr/ol § pi? Cents per each~ ' Construct 4" P.C.C. sidewalk at Q/wje Dollars P C* ' W-* IJ » Po-n't'CVJ j^jCJ\JlhjF\l____••• /l/i>O^ vjtJJl US' per square y±oot Construct 6" P.C.C. sidewalk at Dollars CentsM *~tJ^*~*™s\t /-s*per squarerfo/bt Construct 6"P..C.C. curb, S3-foot gutter at <'i\M. VJLJ^L. -f'tJj^C i**/*'f**~<A**S-^, -y^f-j—L _ ^Dollars Cents per lineal foot : Construct Type G curb § gutter at Dollars Cents per 1/Lne'al foot Construct 6" dowelled curb at r**.^ Dollars Centsfrper linea7! /toot Asphalt paving 5. seal coat at Dollars " Cents per ton Aggregate base, Class II, at A/J> Dollars Cents per ton 1 EACH 3 EACH 3,095 S.F. 5,445 S.F. 475 L.F. 100 L.F. 1,125 L.F. 31 TONS 108 TONS JMAl •«** ' . GRIFFITH COMPANY Pa8e 3C I ** •TOTAL FOR ALTERNATE I (FIGURES/Q TOTAL FOR ALTERNATE I (INVORDS) ^Jit' ^Ar»^d^^ JU Jj~ jLv»jL«g -fcLjx J TOTAL FOR ALTERNATE II (FIGURES) TOTAL FOR ALTERNATE II (,IN WORDS) .'u-is-usllifJi' /J^d cC "CA-^L^- ^CAM.U^U^ / s~*s-t*j' \/ - * ~ • T^T-IU-r-^:— J^ " ~"" ' '" ~ ~ " •—-.-••-— . The decision on which alternate will be selected will be solely at the dis- cretion o£ the City Council and will be made by the Council on the date of the award of the contract. " GRIFFITH COMPANY All bids are 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. * 32168 t Identification A-sa-i-sc-U _ . 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 fo-r the same work, and is in all respects fair and without collusion or fraud, BIDDER'S BONDAccompanying this proposal is _ (cash, certified check, bond or cashier's check) in an amount not less than ten percent (10%) 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.. There will be a prcbid opening conference for potential bidders to discuss p.lans and specifications with the architect on 10/31/79 at 10:00 a.m. at _ project site _ _ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss. OIL October 16, before me, the undersigned, a Notary Public in and for said State, personally appi ROBERT D. LYTl!iE***************************: **#******************************************- *** f GEORGE N. PITTMAN NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY ^ °™">- expires MAY 24, 1382 ***#**#***#**#*#**#********#******"known to me to be the isperson whose name and acknowledged to me that he executed the same. WITNESS my hand and official seal. .subscribed to the within Instrument, ACKNOWLEDGMENT-General—Wolcotts Form 232—Rev. 3-64 in and for said State. STATE OF CALIFORNIA, F SAN DIEGO , iiiiiiiiiiiimimmmiiiiimmiimmiiiiiiiiitmi"W<ft OFFICIAL SEAL | SANDRA J. GISH \ NOTARY PUBLIC CALIFORNIA % PRINCIPAL OFFICE IN f xgg-gja^ SAN DIEGO COUNTY jj My Commission Expires April 29,198Q s ^^[^.^•pmniiamillUlUUIlUUIUnillUllliaMUUIUII'l"''^11''11''11'''"''™' before me, the undersigned, a Notary Public in and for the said State, personally appeared ft ft. HEARN , known to me to be the " to he thfi -President, and_ .Secretary of_ known to me. the Corporation that executed we witmh^n'sWrtfiJm? 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 i I • », '• . we win tgniiiiii me iiisuTance"req"uire'a riy mespecifications', however, we will state on the . certificate of insurance that the certificate is subject to the terms, conditions and exclusions -Slated in the listed policies. Page 5 (714) 297-4455 GRIFFITH COMPANY/ Phone Number £J. - Date GRIFFITH COMPANY '* P. O. BOX 33187 ••' n<Fra"> rai-tc 1501 FRAZEE ROAD - DIEGO, CA, 92103 : ;Q. D. .Author izedJSignfltxkro '•• '.'.-. ROBERT D, OTLl , £EC*ETA'RY .' :> CALIFORNIA 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: GRIFFITH COMPANY OFFICERS George P. Griffith Donald L. McGrew Robert D. Lytle John E. Tiger James A. Kearn James B. Hayden Janes D. Waltze Vincent Diaz Evan E. Millington Robert P. Molko John E. Snider President Executive Vice President Vice President-Secretary/Treasurer- Chlef Financial Officer Vice President Vice President/District Manager Vice President/District Manager Vice President/District ManagerDistrict Manager Assistant District ManagerController Assistant Secretary 314 Robinhood Lane 304 Avenida Monterey 1830 Ocean Boulevard 2360 Mountain Avenue 4S13 Cove Dr. 115 5411 Warwick Place 284 Bucknell Road 4508 Greenmeadow Road 915 Paloma street 425 N. Magnolia, A-t 3958 Franklin Avenue Costa Mesa *San Clemente Long Beach Norco Carlsbad Bakersfield Costa Mesa Long Beach Bakersfield Anaheim Los Angeles 92627 »2672 90802 91760 92008 93309 92627 90808 93304 92801 90027 (NOTARIZE OR CORPORATE .iJE STATE OF CALIFORNIA, COUNTY OF LOS ANGEES ss. It.October 16, OFFICIAL SEAL GEORGE N. PITTMAN NOTARY PUBLIC - CALIFORNIA LOS AN6ELFS COUNTY My comm. expires MAY 24, 1982 before me, the undersigned, a Notary Public in and for said ROBERT D. LYTLE*** *. ********************************************* **********************************knnwntnmetohsthgperson _ whose name __ !§ _ subscribed to the within Instrument, and acknowledged to me that _ he _ executed the same. WITNESS my hand and official seal. ACKNOWLEDGMENT—General—WolcotU Form 232—Rev. 3-64 Notary Public in and for said State. STATE OF_CALIFORNIA COUNTY OF_SAN DIEGO BnniiiHmmimmiimmiiraiHUHiiii.immiira,mmm,,lm,1,,lm,,I,,,,H1B|||,||1|11|| ~~ OFFICIAL SEAL SANDRA J. GISH NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN — SAN DIEGO COUNTY Commission Expires April 29, 198Q before me, the undersigned, a Notary Public in and for said State, personalty appeared C. H. Ooylfi, Jr. - Altnrnp.y in farf known to me to be the person whose name is subscribed to the within Instrument as the Attorney-in-Fact nf UNITED PACIFIC INSURANCE COMPANY and acknowledged to me that he subscribed the name of UMIUO fACIfIC IMSUMHCE COWPAHY thereto as principal and lu<* own name as Attorney-in-Fact WITNESS my hand and < /*-tB*HEdr n^/Stmto. ACKNOWLEDGMENT—AttorMHn-Faet-BlMk County 1 SUt»-Woleott» Form 217-Riv. Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY.THESE PRESENTS: That we. GRIFFITH COMPANY and UNITED PACIFIC INSURANCE COMPANY _, as Principal, as Surety, are held •and firmly bound unto the City of Carlsbad, California, in the sum of ($ TEN PERCENT (107») OF THETOTAL AMOUNT OF THE•pip iff nnmAg^,, ), 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: IMPROVEMENT OF MARRON ROAD CONTRACT NO. 1073 . • 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 hull 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 here^mto set our hands and seals this day of \^<3$y~~*^--^L-- , 19 "7?. \ < Corporate Seal (if corporation)•GRIFFITH COMPANY PrincipalFFITH COMPANY UNITED PACIFIC INSURANCE COMPANY ROBERT D. LYT1 fr, ^SECRETARY IJ. A. Hearn PRESIDENT] - *--/ *-=«-- ^ r .t- Mtorney m ,..., t n , . . AttSrSeyain ?ac?)8°men . _ ^ s(rTorar±aT acknowledgement qf'exe-, cut ion by all PRINCIPALS and ,/ ••'» SURETY must be attached.) ' ;' f STATE OF CALIFORNIA, COUNTY OF_SAO1E8Q_ OFFICIAL SEAL nrnimiwuimui) SANDRA J. GISH | NOTARY PUBLIC CALIFORNIA § PRINCIPAL OFFICE IN I SAN DIEGO COUNTY \ My Commission Expires April 29, 198Q \iliiiiiiHUUHUHiuiiiuiiiitiiiHtiuiiHiiiitiiiiiiiiiituiumimiiiiitiHiiiiiiimimiMiiftuiMii .—rnj. ITSec.—WoTcoUS Form 2Z6-RBV. 3-B« ss. before me, the undersigned, a Notary Public in and for the said State, personally appeared "• ** HEARN , known to me to be the -President, and . , known to me _Secretary of_to be the_ the Corporation thaf executed the wifJim msuument, 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 I Notary•fJHWiC4B-3ftd fgpgiaid State. HOME Office. TACOMA. WASHINGTON / POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organised under the law, of ihe Sisja of Weiffington.doe,hereby make.oon.titute and appoint fj. H. COYLE, JR. of SAN DIEGO, CALIFORNIA - - ttl true and lawful Attorney-in-fact, to make execute, teal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP , end to bind the UNITED PACIFIC INSURANCE COMPANY thereby n fully »nd to the tarns extent as if »uch bonds and undertaking, and oth-r / wrhinpf obligatory in the nature thereof were signed by en Executive Officer of the UNITED PACIFIC INSURANCE COMPANY end seeled and »Tt*itM by 0«« Other of loch officer*. end hereby ratifiet end confirrm ill thai itt said Attorney(s)-in-fact m»y do in pursuance hereof. Thii Povyer of Anorney it granted under and by authority of Section 37A of th« By -Laws of UNITED PACIFIC INSURANCl COMPANY which provisioni are now in full force and effect, reading as follows: SECTION 3?X - ATTOHNEYS-IN-FACT SECTION 1. Th« Botrd of Oir*ctort, th» PrMid«nl. of »ny Vic«-Pf»»«J«ni or Atiiitant Vic»^r«»id»nt ih*ll hiv* power »nd »mho»i|y to: (•) tppoin- Attorn*yi-in-l«ct and to authorilt th*fn to *»*cut« on behalf of the Company, bonds and undertaking), recognizances, contract! of indemnity and oth« inQi oblioatory in th« nature thereof, and (b) to remove any men Attorney -in-fact at any lime and revoke the power and authority given to him. SECTION 2. Attorneynn-facl thai! have power and authority, tubject to the termi and limitation! of the power of attorney inued to them, to ««ecut- and deliver on behalf of the Company, bond* and undertaking, recognirancet. contracti of indemnity and other writings obligatory in the nature thereof The corporate isel i» not neetsury for the validity of any bondi and undertakingi. recognitancej. contracti of indemnity and other writing* obligatory » the nature thereof. • Thij power of attorney it ligned and icaled by faciimil* under and by authority of the following Resolution adopted by the Board of Director* o' UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971.41 which a quorum WM pretent, and uid Rxolirtior hat not been emended or repealed: "Resolved, that the tignaturet of luch director « and officer! and th* teal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such powei of attorney or certificate bearing such facsimile lignaturet or factimile teal (hall be valid and binding upon the Company and any such power to executed and cei tided by facsimile tignaturn and facsimile teal shall b* valid and binding upon the Company in the future with retpacl lo any bond or undertaking to which it it attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused thrt* presents to b« signed by its Vice ^retident, end ttt corporate teal to be hereto affi»ad, thitjZlluL.day of July _ I9_Z£. UNITED PACIFIC INSURANCE COMPANY STATE OF WashingtonCOUNTY OF Pierce On thu 22nd day of July . p«»sonally appeared. Executive Vice President MORRIS E. BROWN > to me known lo be the Vic«*'*i>dent of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and aliened Ihe foregoing murumtnt and affixed the seal of taid corporation thareto, and thai Seclion 37A.Section 1 and 2 of the By-Lawt of said Company and the Resolution, set forth therein, are kdll in full force^ My Commission Expires: January 1? •t*'^- .»>•••». ••/>>v V"»ii°\* ') Notary Public in and for Stale of _Wa8h^ngtOn ***»».%Vv " A**S Residing at TOCOma I D. Keit;h Johqa^r) Atustant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing it a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which it tl.ll in fu« force and effect. IN WITNESS WHEREOF. I have hereunto tat my hand and affixed the teal of t»id Company th W80U-143! £0.2-72 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 Full Company Name Complete Address A.C. & Phone No. O^t^ O.X'Ut \j£- 9-7/V7JC (SEAL) . GRIFFITH COMPANY ROBERT D. LYTLE SEKRETARY . ,,, i •' W, r ' '• Name J. A. Hearn . VICE PRESlTSFNTSignature . QORPORATIQN Type of Organization (individual, part- nership or corporation) SAN DIEGO, CALIF. 92103 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 Company Name . Type of State Contracting License & No. Carlsbad Business License No.* Amount of . Bid ($ or *Lidenses are renewable annually by January 1st. If no valid li- cense indicate "none." Valid license must be obtained prior to working on project. GRIFFITH COMPANY (SEAL) Signature ROBERT o, _ , am VICE PRESIDENT'•• Page 8 ' BIDDER'S STATEMENTS OF FINANCIAL RESPONSIBILITY ' TECHNICAL ABILITY AND EXPERIENCE J (The Bidder is required to state what work c£ 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. -.--.•. .;, .:... . ...,-..... .- .... ... The undersigned submits'-below a statement of the work o£ similar character to that included in the proposed contract " which he/she has successfully performed. .: . .-••• ......-..-.- (NOTARIZE OR CORPORATE SEAL) vies PRESIDENT •'"' ' Page 9 CONTRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City o£ Carlsbad, California, hereinafter designed as "City", party of the first part, and Griffith Company . 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: IMPROVEMENT OF MARRON ROAD, ALTERNATE II CONTRACT NO. 1073 and to perform and complete in a good and workpersonlike 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 \vork 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 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 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 referred to for the price aforesaid and in accordance with the conditions set forth in the w 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 parities 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 worker needed to exe- cute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by ref- erence herein. 6. The Contractor shall assume the defense of and indemni- fy and save 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 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. 7. Contractor shall cause the City to be named as an addi- tional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 8. The Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, then Con- tractor shall either (1) acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract or (2) shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned in Paragraphs 7 and 8 or proof of workers' compensa- tion self-insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof Page shall be settled by arbitration in accordance with the con- struction industry rules of the American Arbitration Associa- tion and judgment upon the award rendered by the arbitrator (s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator (s) shall be supported by laitf and substantial evidence as provided by the California Code of Civil Procedure Section 1296. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) B Daniel S. Kent Griffith Comoany Cont (seal) A. Hearn VICE PRESIDENT By ROBERT D. LYTLE SECRETARY Title CITY OF CARLSBAD, CALIFORNIA " — ~? < -""} ? Mayor ATTEST : City Cler ;r ; * .1 STATE OF CALIFORNIA, > ss. pOUNTY OF LOS ANGELES ) i ON December 5, before me, the undersigned, a Notary Public in and for said State, person — lotnwo-to Jtasidfin^and Robert D. Lvtle tnhfithfi SPWPtarynf GRIFFITH COMPANY the Corporation that executed the within Instrument, known to me to be the • xdOg^ OFFICIA L SEAL ^ me ^ suc(, Corporation executed the within Instrument pursuant to its 4P389k GEORGE N. PITTMAN resolution of its board of directors. ("pSaEa-H NOTARY PUBLIC - CALIFORNIA U/ITMI-OP L j j «• • i ,LOS ANGELES COUNTY | WITNESS my hand and offic.al seal. N^^P/ My comm. expires MAY 24, 1982 f> ^^ '" ^/ /, /Zy4&^Zex^c £/ /J22^ ^"Notary Public in and forsaid State. ,1379 t ally appeared mo to bo th^ known to me persons who acknowledged by-laws or a — —^^. STATE OF CALIFORNIA, COUNTY OF San Diego December 10 19 79 before me, the undersigned, a Notary Public in and for the said State, personally appeared J.A. Hearn , known to me to be the Vice President, attrf- • rJwiewn-tB me to"be ttwjmi!r^Secretary of GRIFFITH COMPANY ................... " ................................ I SANDRA J. GISH I NOTAfrt PUBLIC CALIFORNIA I PRINCIPAL OFFICE IN i . SAN DIEGO COUNTY I °!? ExP''r*s April 29, 198Q 1 '"'"'"""•""""IMIINIIIIIIIIHilliiiiillinillMIJIIIIlMlllR 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 andjfficial-seak- '^&T^2£>^__ •-px^^M^-ssS^^-^-^ ^**J^ Notary "1 1 "St 1' 1 H MAI LABOR AND MATERIAL BOND Bon- *«• !l -R « W «3 in it Counterparts KNOW ALL PERSONS BY THESE PRESENTS: » WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No .§ggg adopted Movtiftmf StO> 1979 __ has awarded to _ hereinafter designated as the "Principal", a contract for: IMPROVEMENT OF MARRON ROAD, ALTERNATE II CONTRACT NO. 1073 in^the City of Carlsbad, in strict conformity v\'ith the drawings and specifications and other contract docume'nts 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 us^d 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 Griffith Company _ _ as Principal, hereinafter designated'as Contractor, and Unlt«d Pacific ln»ur«ne« CO«P«P>Y ; as Surety, are held firmly bound unto the City of Carlsbad in the sum of TWmty Six Thousand TUB ttendf«4 t«WMtty Six and 63/KK>--~-~--*—~Do liars ($ 26,276.63 ) •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 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. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page 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 4205 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 event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the _ ^ day of -*• ° • ROBERT D. LYTLE Coiifractor SECRETARY (Seal) earn VICE PRCOIDENT Unit«dJP*cifJUs In»uy«nc« Company X7 Robert K. Minot, Attorney-tn-Fact (Seal) (Seal) (Seal) State of California County of Los Angeles ) ) ss: , 19 79 . before me, the unieritgWdl, i Notary Public in and for said County, Robert M. Minot _ known to me to be the person whose name is On _ December 5 personally appeared 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 COfyUWsTY, as Surety, and hjs own name as OFFICIAL SEAL MARTHA J. CHASE * NOTARY PUBLIC - CALIf ORNIA « PRINCIPAL OFFICE IN * ^, L03 ANG-LES COUNTY ^ My Commission Expires April 3, 1981 * My Commission expires ,19 BDU-1818 ED. 3/72 (CALIF.) bry' Publirin jinefTor sgjd County STATE OF CALIFORNIA, COUNTY OF SAN DIEGO ss. December 10 19 79 ,before me, the undersigned, a Notary Public in and for the said State, personally appeared J«A. — Hearn ___ __, known to me to be the m,.,iiiiiiimTimmmmimiimuimi«iiimi«im«n«'«''imm| (Hniiiiiiim"""1"1"""""1"" OFFICIAL SEAL I ^j& SANDRA J. G1SH f fe3*$ift MrvTARV PUBLIC CALIFORNIA \ Orrlwl"!- »wr"- 5 SANDRA J. G1SH \ NOTARV PUBLIC CALIFORNIA | PRINCIPAL OFFICE IN | SAN DIEGO COUNTY Vice President, and- of 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 hand and official seal. ACmroWl.EPBMtHF-Uoni.-Kfe>. JTSM.-TOKQtti f5m as E6PY STATE OF CALIFORNIA, COUNTY OF LOS ANGELES "December 5,_, 1979_ before me, the undersigned, a Notary Public in and for said State, personally appeared . ^flowB-tfl-ffie-ta-hfr-the Pfflsjdftfl^and-- Robert 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 hand and official seal. iry Public in and for said State. ACKNOWLEDfiMEkT-Cofp., Pres. A Sec., Wolcotts Mm 223-H6V. 3-b4 Page 13 . PERFORMANCE BOND Bond Ko* r'# oft % 61 Ex«cut«<i in ** Cou«t«»*%part8 . KNOW ALL PERSONS BY THESE PRESENTS: » WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 5980 adopted itevamhar to, 1979 :•» has awarded to Srtfftth Company , hereinafter designated as the "Principal", a contract for: IMPROVEMENT OF MARRON ROAD, ALTERNATE II CONTRACT NO. 1073 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, as Principal, hereinafter designated as the "Contractor", and Unlt«d Pacific ln«ur«nr- r~~~-~ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum o£ Ptftv Two Thousand riv« Hundred Fifty Thr«« and 25/100——.».,.,, Do liars ($ 52.553,25 ) , said sum being equal to 100 percent (1001) 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 5th day of December r 19 73 . Griffith Company (Seal) rHearn VICE PRESIDENT (Seal) ROBERT D.,_ LYTLE extractor SECRETARY (Seal) United Paetfig Insurance Company (Seal) (Seal) Robert M. Min6t» Attorney-in-Fact (Seal) Surety State of California County of Los Angeles ) ss: December 5 Robert , 19 79 t before me, the undersigned, a Notary Public in and for said County, M. Minot known to me to be the person whose name is On _ personally appeared 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. .My OFFICIAL SEAL MARTHA J. CHASE • NOTARY PUBLIC - CALIFORNIA • PRINCIPAL OPFICE IN * LOS ANGCLES COUNTY J My. Commission Expires April 3, 1981 « BDU-1818 ED. 3/72 (CALIF.) . 19 .NbtaFy Pttbl/fc in ancTf.or*said County STATE OF CALIFORNIA, COUNTY OF San Diego ss. i""""1" """" ' ''"mm,,,,,,,,,,,,,,,, ,,„„„„„„„„ ,,„„. , ^r-sr^ OFFICIAL SEAL I SANDRA J. G1SH I NOTARY PUBLIC CALIFORNIA 1 PRINCIPAL OFFICE IN I SAN DIEGO COUNTY I I My Commission Expires April 29, 198Q = ON_December 10-19. before me, the undersigned, a Notary Public in and for the said State, personally appeared J. A.—Hearn , known to me to be the Vice President, and_r=rar_.___, known tpjne 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 hand and official seal. fres. <r5«c.-W6Tcbtts form Z2B-RM. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES \ segjg^ OFFICIAL SEAL < ,4?nm GEORGE N. PITTMAN f^^llEI NOTARY PUBLIC - CALIFORNIA I \tiSiy L°S ANGELES COUNTY1 NHHs^ My comm. expires MAY 24, 1982 js, (IN before me, the undersigned, a Notary pnKHJpfl^and. Rn) tn hfi the Secretary » the Corporation that executed the wit! executed the within Instrument, on beha ( to me that such Corporation executed ! resolution of its board of directors. ^ WITNESS my hand and official seal. December 5, ,1979 Public in and for said State, personally appeared ip>rt. f) . T,yt.lp> , known to me nf GRIFFITH COMPANY lin Instrument, known to me to be the persons who If of the Corporation herein named, and acknowledged the within Instrument pursuant to its by-laws or a ~-.L /&*^ >ffotary Public in and for said State. ACKNuWLtUbMtn I—UOrp., rres. & oCC., WOICOIIS rOrm Page 15 CITY OF CARLSBAD CONTRACT MO. 1073 General Pro vis ions 1. Scope of Work »-:_T-,,->.-n -,_-,—_ -j---r__L_, L^^ - — The work covered by these specifications consists of fur- nishing all labor, equipment, materials and performing all work. ...-.• 2. Plans and Specifications *• • A. Drawing: Drawing which forms a part of the contract . documents and which accompany these specifications is composed of 6 sheets, entitled "Plans and Profiles for Street Improvements of Marron Road." B. Specifications : Specifications which form a part of the contract documents consist of sections listed in . the Table of Contents in. the forepart of these speci- , fications. • • C. Reference to 'Drawing: Where 'the words "shown", "in- dicated" , "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood {f* ' . , 'that reference is made to the drawing accompanying "Si" these .specifications, unless stated otherwise. D. Directions : Where the words "directed", "designated", "selected", or words of similar import are used, it • shall be understood that the direction, designation, selection, or similar import, of the architect is in-1 tended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as re- quired and approved by the architect" ,. unless stated, otherwise. . '" E. Equals and Approvals: Where the words "equal", "ap- proved equal", "equivalent" and such words of sirailcir import are used, it shall be understood such words are followed by the expression "in the opinion of the ar- chitect" , unless otherwise stated. Where the words "approved", "approval", "acceptable", "acceptance", or words of similar import are used, it shall be under- stood that the approval, acceptance, or similar import, of the architect is intended. . • . F* Perform and Provide: The word "perform" shall be under- stood to mean that the contractor, at his/her expense, shall perform all operations, Tabor, tools and equipment, Pago 16 , • and further, including the furnishing and installing • of materials that are indicated, specified, or re- quired, to complete such performance. The word "pro-, vide" shall be understood to mean that, the contractor, at his/her expense, shall furnish and install the work, complete in place and ready for use, including furnish- ing*" of necessary lab'or, materials, tools, equipment and transportation. f • G. Language and Intent: The specification section is ••'• • written in a modified brief style consistent with clarity. In general, the words "the", "shall", "will" • and "all" are not used. Where such words as "perform", "install", "erect", "test", or words of. similar import are used, it shall be understood that such words in- clude the meaning of the phrase, "the contractor shall". The requirements indicated and specified apply to work of the same kind, class and type, even though the word "all" is not stated. 3. Codes and Standards A. Reference to codes, ordinances, regulations and standard. . ' specifications refer to editions in effect as to date ' ' of proposals.' Abbreviations are used for agencies' is- suing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM .U.S. Government Fed. Spec. . . . National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC . American Standards Association . ASA Underwriters Laboratories, Inc. . UL Department of Commerce Standards CS American Concrete Institute ACI B. Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall 'be understood that the manufacturers or producers, of ma- terials so required either have such specifications • . ' available for reference or are fully familiar with their requirements as pertaining to their product or material. 4. Manufacturer's Instructions Where installation of work is required in accordance with -, the product manufacturer's directions, the contractor shall <| obtain and distribute the necessary copies of such instruc- tions, including two cop ion to the nrchitcsct. Page 17 5. Internal Combustion Engines All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project (with special attention to City noise con- trol ordinances). 6. Occupancy ' ' - • City reserves the right to occupy buildings at any time before completion, and such occupancy shall not constitute final acceptance of any part of the work covered by this contract. • ' 7. .City Inspectors • . . All work shall be under the observation "of a. Construction Inspector .Inspectors' shall have free access to any or all parts of work at any time. .Contractor shall furnish inspectpjcs_jwith_ such information as may be necessary to keep him/hog fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve contract- or, from any obligation to fulfill this contract. 8. Provisions Required by Lav; Deemed Inserted Each and every provision of lav; and clause required by lav; to be'inserted in this contract shall be deemed to be-in- serted herein and the contract shall be read and enforced . as though it were included herein and, if through mistake .or otherwise any such provision is not inserted, or. is not . correctly inserted,: then upon application of either party •the contract shall forthwith be physically amended to make such insertion or correction. . '"9. Intent of Contract Documents • ' •• ' The contractor, his/her subcontractors and materials sup— . pliers, shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the con- tractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the contractor to apprise his/her subcontractors and materials suppliers of this condition of the contract will not relieve him/her of the responsibility of compliance. 10. Substitution of Materials The proposal of the bidder shall bo in strict conformity with the drawing and specifications arid based upon tho €' Page items indicated or specified.. The contractor may offer a substitution for any material, apparatus, equipment or pro- cess indicated or specified by patent or proprietary names. or by names of manuf actxirer, which he/she considers equal in every respect to those indicated or specified. The of- fer made in writing shall include proof of the State Fire - Marshal's approval (if required), all necessary informa- tion, specifications and data. If required, the contractor, . at his/her own expense, shall have the proposed substitute " • material, apparatus, equipment or process, tested as to its quality and strength, its physical, chemical or other char- acteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the sub- stitute offered is not deemed to be equal to that so indi- , cated or specified, then the contractor .shall furnish,, erect, or install the material, apparatus, equipment or process in- dicated or specified. Such substitution proposals shall be made prior to beginning of construction, if possible; but in no case less 11. Record Drawings than 10 days prior to actual installation. Contractor shall provide and maintain at the project site one complete set of white background prints of all mechanical a.nd electrical drawings which form a part of the contract. Immediately after,the work is installed, contractor shall carefully draw on these prints all work which is installed at variance with the work as indicated on the drawings and locate by measured dimensions to building corners or to - other permanent monuments, the location and depth of -all underground utility distribution. Upon completion of the .work, contractor shall deliver the set of correct prints to the City in good condition with every change in the work in- dicated thereon. . 12. Permits The general construction, electrical and plumbing permits will be issued by .the City of Carlsbad at no charge to the . contractor. The contractor is responsible for all other re- quired licenses and fees. 13. Allowed Construction Time ' The amount of time allowed for the completion of construction of this work is foO calendar days. No extension of time will be allowed. Page 19 SPECIAL PROVISIONS CONSTRUCTION DETAILS AND TECHNICAL SPECIFICATIONS FOR THE IMPROVEMENT OF MARRON ROAD CITY OF CARLSBAD, CALIFORNIA SECTION ONE - General - Street Improvements 1. DESCRIPTION OF WORK The work under this Contract shall consist of furnishing all labor, materials, vehicles, tools, machinery, equipment, etc.1, necessary to complete the street improvement portions of the improvement plans, including, but not limited to constructing curb and gutter, sidewalk, as- phaltio concrete paving and capping, aggregate base, required prime, seal and tack coats, barricades and signs as noted, pavement removals and all other items shown on the plans and required for a complete job. * Before commencing any work, the Contractor shall meet with the City of Carlsbad staff in a preconstruction confer- ence to outline his/her schedule of operations and progress. The specifications for the work consist of the Standard Specifications of the City of Carlsbad, the 1979 edition of Standard Specifications for Public Works Construction (here- inafter .referred to as SSPWC) as issued by the Southern Cali- fornia Chapter of the American Public Works Assocation, and these contract documents and specifications. In case of con- flict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Stan- dard Specifications. In the case of T.;ork on structures under the jurisdiction of other agencies, the standards es- tablished by such other agencies snail govern except for pay- ment provisions. •.. . Such items and details not mentioned herein that are re- quired by the plans, Standard Specifications, these Special Provisions, or any addenda or clarifications shall be fur- nished, placed, installed or performed. All construction notes and structural notes and symbols used on the plan direct the Contractor to perform the opera- ' tions indicated, supply materials required, and safeguard facilities. They are shown for the convenience of the Con- tractor and clarity of the drawings and specifications and shall not be the basis for claims of extra work. Payment for those items of work shall be incorporated into the items of work to which they pertain and other items and no separate payment will be made for them. Page 20 2. SCOPE OF WORK The work includes the furnishing of all labor, materials, vehicles, equipment, etc., necessary to perform the work de- scribed in the specifications and shown on the plans and as required to make said work complete and operable. .The submittal of a bid will be taken as conclusive evi- dence that the Contractor has made a careful examination of the Standard Specifications, Special Provisions, drawings and all addenda thereto. The scope of work to be performed under this agreement is shown on the following construction drawings, prepared by Rogoway/Borkovetz Associates, Consulting Civil Engineers, 5657 Wilshire Boulevard, Los Angeles, California, 90036, telephone number (713) 937-2600, and titled "Plans and Profiles for Street Improvements of Marron Road," Sheets 1-6. 3. GUARANTEE All work shall be guaranteed for one year after completion and any faulty work or materials discovered during the guaran- tee period shall be repaired or replaced promptly. 4. CONSTRUCTION SCHEDULE AND TIME OF COMPLETION A construction schedule is to be submitted by the Con- tractor 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 commence- • ment of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 45 consecutive calen- dar days from the date of receipt of said notice. 5. NONCONFORMING WORK The Contractor shall remove and replace any work not con- forming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of his/her non- conforming work shall be borne by the Contractor. 6. SURVEYING The Contractor shall be responsible for securing any nec- essary survey and construction staking from a licensed land surveyor or registered civil engineer. Such work shall be considered included in the price bid for the various items of work and no additional compensation will be made therefor. Page 21 GROUNDWATER No groundwater is anticipated except possible underflow in natural water course areas after heavy rainfall. Should ground- water be encountered, the Contractor shall install and maintain ah adequate means of dewatering trench and structure excavations, which will insure a dry excavation and stable foundation for the placement of bedding material, acceptable to the Soils Engineer. The Contractor shall protect the applicable phases of con- struction from erosion by providing adequate erosion control devices as dictated by his/her method'of operation. Construction procedures and operations shall be scheduled so as not to impede the flows of storm waters or cause structur- ally unstable conditions at channels, berms, dikes, desilting basins or other related facilities. Any damage caused by fail- ure of the Contractor to adequately protect any portion of the work shall be promptly repaired at Contractor's expense to the satisfaction of the Engineer. Should excessive groundwater be encountered which would in- volve the pumping and discharge of groundwater into existing drainage facilities, the Contractor shall immediately contact the Engineer for instructions on how to proceed. No compensa- tion will be allowed for rock material in trench or structure excavations for groundwater control unless specifically ordered by the City as extra work. Contractor may use rock bedding as a method of groundwater control with the approval of the Soils .Engineer, but the cost for same shall be considered as included in the unit prices for the work involved as listed in the Bid Proposal. USE OF PAVEMENT SAWS ' A concrete pavement saw shall, where practical, be used in the removal of all existing concrete curbs, sidewalks and gutters, A full depth of saw cut shall be used where possible. Minimum depth of saw cut shall be 2/5 the thickness of the concrete pave- ment. Pavement saws need not be used for the removal of bitumi- nous pavement in the City streets. However, the bituminous pave- ment shall be sawn at removal lines determined by the Engineer. v ' OBSTRUCTIONS AND COOPERATION The Contractor shall coordinate hio/hor^ork with that of other trades to avoid conflicts and shall cooperate with other forces working in-the area in order to achieve a timely comple- tion and allow work to progress in a logical manner. Due pre- cautions shall be taken and care exercised to protect other fa- cilities that may be in place at the. time Contractor is perform- ing the work;• . . • /.,., . Page 22 Should the Contractor in the course of the work encounter any obstruction that requires a design change or special con- struction method, he/she shall immediately contact the Engineer for supplemental instructions and notify the affected agency whose facility may be involved, and proceed on the basis of writ- ten instructions from the Engineer and such agencies. 10. CONSTRUCTION WATER Contractor shall arrange with the City for construction water at no cost. It shall be the Contractor's responsibility to fur- nish any and all required equipment for the proper application of necessary water for flooding, compacting, moisture control or other purposes needed to accomplish the intent of the plans and specifications. Unit prices for each of the various items shall include the application of "water under the direction and control of the Soils Engineer. A.ll equipment used for the appli- cation of water shall be equipped with a positive means of shut-off, Contractor shall be responsible for periodic washdown, sweep- ing or other methods to keep public street in a clean condition satisfactory to the City. Contractor shall also be responsible for the repair or replacement of any existing pavement damaged by his/her equipment. , • ' i • 11. DUST CONTROL ' ' The Contractor shall furnish a water supply vehicle on the job site. The Contractor shall apply water in the amounts and at intervals as directed by the Engineer. The water supply ve- hicle and an operator shall be available upon a reasonable notice as determined by the Engineer for after hour, weekend, or holiday • "dust control work. If the Contractor is not available for dust control measures, the City will arrange for the work to be per- formed by others and will deduct all equipment, labor and ma- terial costs thereof from the contract amount. The Contractor shall furnish a street sweeper vehicle on the job site and shall sweep areas as directed by the Engineer. All costs involved for dust control, including supplying and operating water supply ve- hicles and street sweepers, shall be absorbed in other items of work. 12. SAFETY AND PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws nnd building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and prog- ress of the work, all necessary safeguards for the protection of the workers and public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Page 23'"•#•* . - The Contractor shall notify the City of Carlsbad Police and Fire Deparmants 24 hours prior to beginning work. In addition, the contiguous property owners shall be notified 24 hours "prior to beginning of work and also during the progress of work if substansive traffic flow changes or driveway closures will af- fect their operations. * • . • 13. CUTTING, PATCHING The Contractor shall do all cutting, fitting or patching of,the work that may be required to make its several parts come together properly and fit it to receive or be received by work of other Contractors shown upon, or reasonably implied by, the Plans and Specifications for the completed structures, and Contractor shall make good any defect as the City may direct. The Contractor shall not endanger any work by cutting, ex- cavating or otherwise altering the work and shall not cut or alter the work of any other Contractor save with the consent of the City. • 14-, BARRICADES v The Contractor shall provide and install all barricades and barricade signing as required for traffic control. Striping, markers, reflectors and traffic signing requirements are not a part of this contract, except as required for traffic control. Temporary signs, barricades, reflectors and other items that may be required during the course of construction by the City or other governing agencies or codes shall be provided by the Contractor. The Contractor shall insure that access along Marron Road to the Plaza Camino Real Shopping Center shall be maintained at all times. Payment for these items, if required, shall be considered as included within the unit prices for each item in the Proposal, 15. CLEANUP AND PROTECTION OF WORK The Contractor is required to conduct concurrent cleanup operations as the work proceeds. Portions of the job other than active work areas as determined by the City Engineer shall be completely cleaned of dirt, debris, trench spoil, equipment and constructed material; and these areas' are to be completely restored. »- " "* Dumping or storage 6f materials or storage of equipment in public rights-of-way or private property requiring sub- sequent cleanup shall not be permitted unless written per- mission is secured from the agency having jurisdiction or owner of the property and submitted to the Engineer arid ap- proved. Roadway and parkway areas shall be left clean and neat and within a tolerance of ±0.10 feet. Fine grading work shall include dress-up of eroded or rutted areas within street Page 24 rights-of-way and elsewhere caused by Contractor or storm., damage during the construction period. . The Contractor shall finish the roadway for acceptance by the City of Carlsbad. This shall include dressing the parkway/ removal of any unsuitable material, wash-down of pavement and cleanup of any debris arising from execution of Contractor's work. Site shall be left in a clean and neat condition to the satisfaction of the City. Until the formal acceptance of the work, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from the performance or non-performance of the work. All costs involved in protection, restoration and cleanup of existing improvements shall be included in other items of work. Page 25 SECTION TWO - Technical Specifications - Street Improvements All workership and materials shall comply with these Spe- cial Provisions, the latest edition of the S.S.P.W.C. and re- quirements of the City of Carlsbad, and shall be performed at the direction of the Engineer and City staff. Finish pavement surface shall conform to the lines, grades and depths as shown on the plans and as specified herein. '1. REMOVAL OF CONCRETE CURB AND GUTTER Removal of existing concrete curb and gutter shall con- form to the requirements of Section 300-1 of the S.S.P.W.C. and to these Special Provisions. All concrete removed shall be disposed of in a manner acceptable to the Engineer. The cost of disposal of the con- crete shall be deemed included in the unit price bid for the removal of concrete curb and gutter and no additional payment will be made therefor. 2. REMOVAL OF CONCRETE FLAT WORK Removal of the existing concrete sidewalk, cross gutter and 7-foot gutter shall conform to the requirements of Sec- tion 300-1 of the S.S.P.W.C. and to these Special Provisions. All concrete removed shall be disposed of in a manner accept- able to the Engineer. The existing chain link fence shall be removed only where necessary to perform the required concrete removals and . shall, upon completion of the work,, be replaced to its exist- ing condition. The two existing trees and any other land- scaping located within the planter area at the east end of the proposed bus turn-out shall be removed and disposed of in a manner acceptable to the Engineer. The cost of the concrete material disposal, the removal and replacement of the chain link fence, and -the removal and disposal of the trees and landscaping shall be included in the bid prices of the various items for concrete removal and no additional payment will be made therefor. 3. REMOVAL OF EXISTING TRAFFIC ISLAND Removal of the existing traffic island shall conform to the requirements of Section 300-1 of the S.S.P.W.C. and to . these Special Provisions. All concrete and pavement removed shall be disposed of in a manner acceptable to the Engineer. The existing lighting standards shall be removed and deposited at the City yard or at another site as directed by Page 26 the Engineer. The cost of removal, disposal and salvaging of all materials within the traffic island shall be included in the lump sum price paid for traffic island removal and no additional payment will be made therefor. 4. AGGREGATE BASE ' Aggregate base materials shall conform to the require- ments of Section 301-2.1 through Section 301-2.4 of the S.S.P.W.C. Measurement and payment for aggregate base shall conform to Section 301-2 of the S.S.P.W.C. 5. ASPHALT CONCRETE PAVING 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. All new asphalt concrete pavement shall be fog seal coated with asphalt emulsion as directed by the Engineer and as set forth in Section 37-1 of the California Division of Highways Standard Specifications: • A tack coat shall be applied to asphaltic concrete along the saw cut line as directed by the Engineer. The tack coat shall conform to Section 302-5.3 of the S.S.P.W.C. Compensation for asphalt concrete pavement, including fog seal coat and tack coat, shall be included in the as- phaltic concrete pavement bid item, and no other compensation shall be provided. 6. CONCRETE CURBS AND GUTTERS, SIDEWALKS, DRIVEWAYS, CROSS GUT- TERS AND SPANDRELS The construction of concrete curbs and gutters, side- walks, driveways, cross gutters and spandrels shall conform to Section 303-5 of the S.S.P.W.C. Portland cement concrete shall conform to Section 201-1 of the S.S.P.W.C. Concrete sidewalks shall be 4" in thickness. The cross gutters, driveway approaches and spandrels shall be 6" in thickness. Measurement and payment for concrete curbs and gutters, sidewalks, driveways, cross gutters and spandrels shall con- form to Section 303-5.9 of the S.S.P.W.C. 7. EXCAVATION, FILL MATERIAL AND OTHER STREET CONSTRUCTION WORK Further reference is hereby made to the plans, standard drawings and the S.S«P.W.C. for all street construction items not modified by these Special Provisions. Page 27 The cost of any excavation fill or other street con- struction work not specifically listed as a bid item shall be included in the bid prices for the various items of work and no additional payment will be made therefor. 1200 ELM AVENUE L 3 j£$f. | TELEPHONE: CARLSBAD, CALIFORNIA 92008 i \aJtW rfI I (714) 729-1181 City of Carisfmb OCTOBER 10, 1979 ADDENDUM NO. 1 PROJECT: IMPROVEMENT OF MARRON ROAD - CONTRACT NO. 1073 The three attached pages constitute this addendum and should be attached as pages 28, 29 and 30 of the contract documents and specifications for this project. On page 3C of the "Proposal" a notation should-be made by the bidder: "Addendum No. 1 has been received and is included in this proposal." Les Evans City Engineer LE:JNE:VEB Attachments Page 28 co —i Lu] z! 2j u O K LJ CO cc LU Ld <J IA . XLa Page 29 ?&• Oo fc CO in in c Uj > K: x II II O<o Oa:a: CO 01 o 2 Q LU 111 O Q i 2O t-UHI CO Q_ to o N 1IS M 4- 4- 4- -1- •}- 4- — M- v9 l> CD O to -1- in J > "l •*Page 30 Ul Q