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HomeMy WebLinkAboutMladen Buntich Construction Company; 1981-06-04; 1092CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR CONSTRUCTION OF THE WALNUT AND SYCAMORE STORM DRAINS CONTRACT NO. 1092 APRIL, 1981 TABLE OF CONTENTS. PAGE ITEM 1 NOTICE INVITING BIDS ' 3 PROPOSAL • 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS * 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 11 CONTRACT 14 LABOR AND.MATERIAL BOND 16 PERFORMANCE BOND 18 GENERAL PROVISIONS 25 SPECIAL PROVISIONS . Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 p.m. on the 6th day of Hay , 19 81 , at which time they will be opened and read for performing the work as follows: CONSTRUCTION OF WALNUT AND SYCAMORE STROM DRAINS CONTRACT NO. 1092 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. Refer- ence is hereby made to said specifications for full particulars and description of said work. No bid will be received unless it is made on a proposal " form 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. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience • • Said documents shall be affixed -with the appropriate nota- rized 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 docu- ments requiring signatures. In the case of a partnership, the notarized signature of at least one general.partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a contractor who has not been licensed in accordance w-ith 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 $.51,200. page z 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 SR per 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. 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 awarded to pay not less than the said specified prevailing 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 1-777.5 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 twp 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. £-/75~ adopted on the 7^ day of' f /?// DATE/ ' ALETHA L. VKfiUTl-NKRANZV CFVY ^lERK Page 3 CITY OF CARLSBAD CONTRACT NO. 1092 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 - No 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. 1092 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: Article- with Unit Price or L-umt) Sum Written in .Words Approximate Unit Quantity 5 Unit Price TOTAL * 2 18" asbestos cement pipe at "ft? F&t//^ Pol lars Cents per 1ineal foot 15V asbestos cement pipe at _Pollars Cents per lineal foot Type B Cleanout (San Pi ego Regional Standard Prawing P-10) at _ p0l lars CentsA/C? per each Type B Curb Inlet (San Piego Regional Standard P^rawing P-2) at _ per each Addcndum(a) No(s) . • '_ .__ __ is/are included in this proposal. 480 L.F. 132 L.F. EACH EACH 44M Z/> I20.0Q l,tw.a> lt4a).OD has/have been received and Page 3A Item Article with Unit Price or Approximate Unit vrtv.T*No. T.iiTnp Sum Written in Words. Quantity 6 Unit _ Price - TOTAL Outlet Structure at A/C> ft -f Do 1 la rs 2 EACH // 4-£O.OO 1 JGO. 0O & C> Cents per each 6 Pipe Anchors at Dollars ^» EACH Cents per each TOTAL (WRITTEN IN WORDS) J=&£/S'£?' / TOTAL (WRITTEN IN FIGURES) Page 4 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 arid 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 \tfith the Statutes of the State of California providing for the registration of contractors, Li- cense No. 30^5"fZ_ , Identification 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 £*> I eta &•*"*<> (cash, certified check, bond or cashier's chec'k) 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. Page 5 Phone Wuiaber Bidder' s Uame ^Author iYed^Signature • (SEAL) Authorized Signature Bidder's Address ' . Type of Organization .."..;' -(Individual/ Corporation, Co- •'. . '•' '. ' .. Partnership) 'List belov; names of'President, Secretary, Treasurer and Manager if a" . corporation, and names of all co-partners if a co-partnership: /•STATE OF CALIFORNIA c» >• COUNTY Of San I" Onou jj said State, personally appeared. £ May 6, 1981 , before me, the undersigned, a Notary Public ii Mladen Buntich in and for i= I zz- Icnown to me to be the person whosereD ^9 subscribed to the within ins 1 .u,. he| that. he I 5 WITNESS my hand and official seal.8 .,..*,»<; name U3 itrument and acknowledged to me txecuted the same. Evelyn C. Benson Name (Typed or Printed) H0TAMV W6UC - CAUMMMA *AMCHEGO COUNTY My CMMnmxm UpwM JM. ft MS (This area for official notarial seal) FREMONT INDEMNITY COMPANY HOME OFFICE LOS ANGELES. BID BOND Bond No.B 051624 KNOW AIL MEN BY THESE P»ESENTS: Thai MLADEN BUNTICH CONSTRUCTION CO. 9946 Rancho Caballo Dr. Sunland, California 91040 .. - (hereinafter called Ihe Principal) at Principal, and Ihe FREMONT INDEMNITY COMPANY, a corporation created and existing under the laws of the State of California, with itt principal office in Ihe City of lo> Angelet, California (hereinafter called the Surety) at Surely, are held and firmly bound ""*° CITY OF CARLSBAD, CALIFORNIA (hereinafter called Ihe Obligee), in th. full and j«.i .„« of TEN PERCENT OF THE AMOUNT BID IN- . Dollar* {*. — 1Q% of Bid), good and lawful money of the United States of America, to the payment of which turn of money well and truly lo be made, the laid Principal and Surety bind themselves, their and each of their heiri, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated thit_6th _day of.May , A.D., 19.81 THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the Ooligee shall make any award to the Principal for_ CONSTRUCTION OF WALNUT AND SYCAMORE STORM rraATMS, TASK fYWT-ParT" TJH according to the terms of the proposal or bid made by the Principal tnerefor, and the Principal shall duly make and enter Into a contract with Ihe Obligee In accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with the FREMONT INDEMNITY COMPANY, as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then thl» obligation shall be null and void; otherwise it shall be and remain in full lorce and effect. In Testimony Whereof, the Principal and Surety have caused these presents to be duly signed and sealed. WITNESS: MLAD],m TION co.(Seal) Sole Owner AnesT: (If Individual or Firm) (If Corporation) Principal IN D E M N IT Y C OM PA N Y (S««0 STATE OF CAtlPORNIA COUNTY OF Ll On lh!' Jfjpil PC; 6th _doy of_May ,81 Dortha E. Insley _. before me Public, in ond for lh» County and Stote oforetoid, residing therein duly commissioned and sworn, personally appeared. M. S. Butler ' ' i !>ii«uiiiuiiiiMHnuiuHNm»mHmni»mHti||own ,„ me ,0 b. ,he At,0fner.in.F0ct of FREMONT INDEMNITY COMPANY, th. Corporate xS?55x nOHTHA p IfSl'il PV 2 - . ... . . i .t . _ t_ .-J .t- ..:.!.: e .. , ation DORTHA E. INSLEY 50, eiecuieei the within instrument and olio known lo me to be the person who eiecuted the within NOTARY PUBLIC — CALIFORNIA £>lrumrnt on behalf ol lhe/'Ce,rporotien therein named ond acknowledged to me that such Corpora- PRINC4PAL OFFICE IN £„ .«cu(e(J ,h. LOS ANGELES COUNTY > £„ Mv Commission Fxnlres Feb. 6. 1984JI7 FREMONT INDEMNITY COMPANY HOME OFFICE - LOS ANGELES. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, FREMONT INDEMNITY COMPANY , by WILLIAM JONES, JR. its Vice President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 18th day of February. 1972, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to lime appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vire-President, the Board of Directors or Executive Committee may at any time remove such Atlorneys-in-Fact and revoke .the Power of Attorney given him or her, and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or under- takings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint M.S. BUTLER its true and lawful Attorney-in-Facl, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS IN WITNESS WHEREOF the said Vice President has hereunto subscribed his name and affixed the corporate seal of the said FREMONT INDEMNITY COMPANY, this 12th day of March A.D., 19 79 FREMONT INDEMNITY COMPANY STATE OF CALIFORNIA \ COUNTY OF LOS ANGELES j By LO-LeJi Vice *-tf-v^^S>' President \J •frHJ^C William /5c U k-nes, Jr On this 1 2th day of March A.D., 1979 , before the subscriber, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified, came the above named Vice President, of FREMONT INDEMNITY COMPANY , to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at thejSUy of Los . first above written. OFFICIAL SEAL" NANCY L. OKAMOTO m x -/ ,. NOIARY PUBLIC - CALIFORNIA $ JI^^C^l^^'^ es, the day and year (SEAL)LOS ANGELES COUNTY My Commission Expires Aug. 13 1932 I, the undersigned, ASS i S tant Secretary of FREMONT INDEMNITY COMPANY , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and etfect. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Assistant the Corporate Seal of the Corporation, this 6th day of Mav 19 Secretary, and affixed Assistant Secretary Robert S. Stein PCS-63 (5/72) Page 6 * • BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: . • That we, __' • • ; _; .' .. » as Principal, and ; , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sura of ; . Dollars ($ ) , 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 WALNUT AND SYCAMORE STORM DRAINS CONTRACT NO. 1032 . . 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 tha-t 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 • . ' ,- 19 . Corporate Seal (if corporation)Principal Surety By_ lc - — - - Notarial acknowledgement of exe- ' f cution by all PRINCIPALS and ° ' SURETV m Attach- Power of Attorney Page 7 •DESIGNATION OF SUBCONTRACTORS 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 witty 7.ir> Code Area CodePhone No Page 8 DESIGNATION OF SUBCONTRACTORS (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 S No. Carlsbad Business License No.* Amount of *Licenses are renewable annually by January 1st. If no valid li- cense indicate "none." Valid license must be obtained prior to submission of signed contracts. • • ' (NOTARIZE OR CORPORATE' SEAL) Bidder's Company Name Bidder' s Complete? Address z ed S i gliature STATE OF CALIFORNIA San Diego>• COUNTY OF_ E On-o Mav 6. 1Q81 _, before me, the undersigned, a Notary Public in and for 'I said State, personally appeared Mladen Buntlch -;. known to me to be the person whose name JS <BD ~ subscribed to the within instrument and acknowledged to me H5 | ^, that ]j_e executed the same. o WITNESS my hand and official seal. o Signature,J Evelyn C. Benson Name (Typed or Printed) CVfLVMCKIMONNOTARY OUBVIC - CALIFOWWASAI» OIFGQ COUNTY Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. STATE OF CALIFORNIA COUNTY OF San Diego on May 6, 1981 _, before me, the undersigned, a Notary Public in and for _c> said State, personally appeared-MladenBuntich z? known to me to be the person whose name subscribed to the within instrument and acknowledged to me TJ =. that_he T -executed the same. WITNESS my hand and official seal. E •' oo Signatur Evelyn C. Benson Name (Typed or Printed) OFFICIAL SEAL. CVtLVN C MNSON NOTARY PUBUC - CAUFOIMM SAN OtCGO COUNTY (This area for official notarial seal) Signature (NOTARIZE OR CORPORATE SEAL) Page 10 • BIDDER'S STATEMENT OF 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, with tele- phone numbers, which will enable the City to judge his/her responsibility, experience and skill. " An attachment can be used if notarized or sealed. For " ' Signature (NOTARIZE OR CORPORATE SEAL) STATE OF CALIFORNIA x COUNTY OF San Diego- E Onoo May 6, 198i ., before me, the undersigned, a Notary Public in and for _jj said State, personally appeared Mladen Buntlch c. known to me to be the person whose name ja 5 ~ subscribed to the within instrument and acknowledged to me —, that h_£ executed the same. WITNESS my hand and official seal. n Eo Signatup Evelyn C. Benson Name (Typed or Printed) OFFICIAL ScAL EVELYN C BEMSOMNOTARY PU8UC - CALIFORNIA SANOIEGOCOUHTT (This area for official notarial seal) Page 11 CONTRA 'CT THIS AGREEMENT, made and entered into this #& day of _ , 19 fl-9 by and between the City of Carlsbad, California, hereinafter designed as "City", party of the first part, and Mladen Buntich Construction Co. 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 WALNUT AND SYCAMORE STORM DRAINS CONTRACT NO. -1092 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 plan' 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 which 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 Page 12 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 hold 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 erf 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 subj.ect 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 defe.nse and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature arid 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 13 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 an any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law 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.) Mladen Buntich Construction Co. Contractor7. By_ . Title By Title CITY OF CARLSBAD, CALIFORNIA STATE OF CALIFORNIA, COUNTY OF LOS ANGELES OfFtCMLSEAL S. BtfTLER NOTARY HJ8LIC - CAUFORWA PRINCIPAi Qf*we IN LOS ANGElgS COUNTY % Commission E* Apr. 18,1984 ACKNOWLEDGMENT—General—Wolcotts Form 232—Rev. 3-64 ss. ON 26' _ , 19_§1, before me, the undersigned, a Notary Public in and for said State, personally appeared Mladen Buntich isperson whose name and acknowledged to me that he executed the same. WITNESS my hand and i , known to me to be the ^subscribed to the within Instrument, Notary Public in and for said State. in quadruplicate) . Page 14 ' . LABOR AND .MATERIAL BOND charg* for Performance Bond.KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6520 adppted May 19, 1981 _ has awarded to Mladen Buntich Construction Co. _ _ • _ , hereinafter designated as the "Principal", a contract for: CONSTRUCTION OF WALNUT AND SYCAMORE STORM DRAINS CONTRACT NO. 1092 . . • . 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 Surety on this bond will pay the same to the .extent hereinafter set forth: NOW, THEREFORE, WE Mladen Buntich Construction Co. _ _____ as Principal, hereinafter designated as Contractor, and _ Indemnity Company ; '. as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Thousand Five Hundred Eighty Two and no/100 Dollars ($20,582.00 ) said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terras 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 15 1192.1 of the Code of Civil Procedure so as to give ,a right of action to them or-their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the 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 26th day of . , 19 ai • • • (Notarial acknowledgement MUUHSM BUUTZCK CONSTROCTIOH co. of execution by ALL ~i —: : '~ PRINCIPALS must be h / /< '" / / -•/,' ^ (seal) attached.) ^ /ilLw-jz£t^\J^^4'1'^iL^-U,^ Hol« ownar Contractor FREWDHT IMI^MflirSf SI (seal) Surety 'Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. rE OF CALIFORNIA ) V SS.(y pf Los Anq«l«s / On this -25th flay of MM '***•*••% *i.% w*4 IP A Ct ^It^l* 1 AY*imrQ wg& vr !» m aucxqg Hay . a Notary Public, in and __3l., before me State aforesaid, residing therein duly commissioned and sworn, personally appeared Allan Javnc ____ SUR G50 known to me to be the Attomey-in-Fact of Fremont Indemnity Company the .Corporation that executed the within instrument and also known to me to be the SEAL jperson who executed the within instrument on behalf of the Corporation therein P S SUTLER jparoed and acknowledged to me that such Corporation executed the same.N07,w ^»u;. (':AufORN|A I I J «.-«»* OF**« f >S?i _ . -_ ^^L~t^> STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ^- Notary Public in and for !ate of California, County of Lo« ss. MARGUERITE S. BBTLER NOTARY WJBLIC • CALIFORNIA PRINCtPAl OFf K36 IN IWANQBJKOOUNTT «> Commijsion Exp Apr. IS. 1964 26'ON before me, the undersigned, a Notary Public in and for said State, personally appeared Mladen Buntich HHZHIZ _ _ , known to me to be the _ subscribed to the within Instrument,isperson whose name and acknowledged to me that he executed the same. WITNESS my hand and official seal. ACKNOWLEDGMENT— General— Wolcotts Form 232— Rev. 3-64 Notary Public in and for said State. .^Executed in quadruplicate) - Page 16 PERFORMANCE BOND *ON» HO. B 051858 KNOW ALL PERSONS BY THESE PRESENTS: - . p*««OMi $494.00 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6520 adopted May 19. 1981 _ » has awarded to M laden Bun tich Construction Co. _ _ , hereinafter designated as the "Principal", a contract for: CONSTRUCTION OF WALNUT AND SYCAMORE STORM DRAINS CONTRACT NO. 1092 . 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, Mladen Buntich Construction Co. _ , as Principal, hereinafter designated as the "Contractor", and _ Fremont Indemnity Company _ _ - _ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Forty One Thousand One Hundred Sixty Four and no/100-- — ----- - --- --Dollars Q )» 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 refnain 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 s'ame shall not affect its obligations on this bond, and it does hereby waive Page 17' 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 36th day of May , 19 31 . . MIADTO BUM-TICK ootCTTMiCTiOH CO.(Notarial of execution by ALL must be -By Sole owner Contractor ^3' "~- Surety (seal) Attach acknowledgement of Attorney in Fact, Attach Power of Attorney. STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss. OFFICIAL SEAL MARGUERITE S. BtTTLER NOTARY RJ8UC - CALIFORNIA PRINCIPAL OFFK3E IN LOS ANGECES COUNTY My Commission b*. Apr. 18,1984 ACKNOWLEDGMENT-General-Wolcotts Form 232—Rev. 3-64 26'19 before me, the undersigned, a Notary Public in and for said State, personally appeared Mladen Buntich _ , known to me to be the _ subscribed to the within Instrument,person whose name is and acknowledged to me that he executed the same. WITNESS my hand and official seal. } Notary Public in and for said State. STATE OF CALIFORNIA County of K>« Angalea On this 26th j, day of Marcuerita S. Butler , 19_?L, before me , a Notary Public, in and for the County and SUR G50 State aforesaid, residing therein duly commissioned and sworn, personally appeared Allan Jayna known to me to be the Attorney-in-Fact of Fremont Indemnity Company the Corporation that executed the within instrument and also known to me to be the person who executed the within instrument on behalf of the Corporation therein named and ajdouHvledged to me that such Corporation executed the same. Notary Public in ancMoAhe State of California, County nf **>* Angelas FREMONT INDEMNITY COMPANY HOME OFFICE - LOS ANGELES, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That, FREMONT INDEMNITY COMPANY , by falLLIAM JONES, JR. its Vice President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 18th day of February, 1972. which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-Prcsidenl may from lime to time appoint Altorncys-in-Fact lo rcprcscnl and act for and on behalf of the Company, and either the President or any Vicc-Prcsidcnl, the Board of Directors or Executive Committee may at any time remove such Atlorncys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may he given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business <>f the Company may require, and any such bonds or under- takings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." « does hereby nominate, constitute and appoint ALLEN JAYNE its true and lawful Attorncy-in-Facl, to make, execute, seal and deliver for and on its behalf, as surely, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS IN WITNESS WHEREOF the said Vice President has hereunto subscribed his name and affixed the corporate seal of the said FREMONT INDEMNITY COMPANY , this 12th day of March A.I)., 19 79 FREMONT INDEMNITY COMPANY By STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES f*6 On this 12th day of March A.I)., 1979 . before the subscriber, a Notary Public of the State of California, in and for the.County of Los Angeles, duly commissioned and qualified, came the above named VlC6 President, of FREMONT INDEMNITY COMPANY , to me personally known to be the individual and officer described in and who executed the preceding instrument, and be acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the-City of Los Angeles, the day and year first above written. .§SSSSSSSSSSSSSSSSSSSS?SS£SSSSSS /' /•' _ OFFICIAL SEAL {Jj C / / \ $/Q^X NANCY L. OKAMOTO /cc... Kp/SVjjH NOIARV PUBUC-CALIIORNIA Hj ) / /J /-" SI /// , (SEAL) 8iW-tf^ IDS ANGEltS COUNTY $ J I/&, ( < ( l/L*~t- My Commission Expires ftug. 13, 1982ft BS£SSSSSSSSSi^^JSSSSS& I, the undersigned, Assistant Secretary of FREMONT INDEMNITY COMPANY , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hcreunlo subscribed my name as Assistant Secrelary, and affixed the Corporate Seal'of the Corporation, this day of * 19 Assistant Secretary Robert S. Stein PCS-63 (5/72) Page 18 .GENERAL PROVISIONS 1. Plans and Specifications The specifications for the work shall consist of the 1979 edition of the Standard Specifications for Public Works Construction (hereinafter designated S~SPIvC")as" issued by the Southern California Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the contract documents and the General and Special Provisions attached thereto.i The Construction Plans consist of- 3__ she^t(s>; desiga^'ed as City of Carlsbad Drawing No. 19316 . The standard draw- ings utilized for this project are the San Diego Area Regional Standard Drawings (hereinafter designated SD'RS) as issuecfby the San Diego County Department of Transpor- tation, together with the City of Carlsbad supplemental Stadard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. Work to Be Done The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project "work as shown on the project plans and as specified in the specifications. 3. Definitions and Intent A* Engineer: The word "Engineer" shall mean "the City Engineer or his approved representative. B. Reference to Drawings: Where the words "shown"^ "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be under- stood that reference is made to the plans accompany- ing these provisions unless stated otherwise. ^* Directions: Where the words "directed", "designated"', "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work cs required and as approved by the City Engineer" unless stated otherwise. Page 19 D' Equal s and Approval s : Where the words "equal", "approved"~equal" , "equivalent" and such words -of similar import are used, it shall be understood such" words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval!', "acceptance", or. words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. ..... E. Perform and Provide; The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equip ment and transportation. 4. Codes and Standards 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 materials so required either have such specifications available for reference or are fully familiar with their requirements as .pertaining to their product or material. 5- Construction Schedule A construction schedule is to be submitted by the Contrac- tor per Section 6-1 of the SSPWC at the time of the pre- construction conference. Coordination with the respective utility company for re- moval or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall dili- gently prosecute the work to completion within 30 con- secutive calendar days from the date of receipt of said "Notice to Proceed." 6. 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 this nonconforming work shall be borne by the Contractor." C aye 7. Guarantee All work shall be guaranteed for one year after the filing of a notice of completion and any faulty work or materials discovered during the guarantee period shall be repaired or replaced promptly by the Contractor. '8. 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 instructions, including two copies to the City Engineer. 9. Internal Combustion Engines • All internal combustion engines used in the construction shall be equipped with mufflers in good rep'air when in use on the project (with special attention to City Noise Con- trol Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48). 10. City Inspectors All work shall be under the observation of a City Construc- tion Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 11. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be 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. 12. Intent of Contract Documents The Contractor, her/his subcontractors and materials suppliers 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 Contractor'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 c • e Page 21 the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will, not re- lieve her/him of the responsibility of compliance. 13. Substitution of Materials The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the 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 manufacturer which she/he considers equal' in every respect to those indicated:or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary infor- mation, specifications and data. If required, the Contrac- tor, at her/his own expense^ shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemi- cal or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substi- tution proposals shall be made prior to beginning of con- struction, if possible, but in no case less than 10 days prior to actual installation 14. Record Drawings The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. 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 required licenses and fees. Page 22 16. Quantities in the Schedul-e The quantities given in the schedule, for unit price items, are for comparing bids and may vary frou the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated; no claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being en- titled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with.unpredicted conditions, unforeseen events, or emer- gencies, to increase or--decrease the quantities of work to be performed under a scheduled unit price item or to en- tirely omit the performance thereof, and upon the decision of the City to so do, the City Engineer will direct the Contractor to proceed with the said work as so modified. • If an increase in the quantity of work so ordered should result, in a delay to the work, the Contractor will be given an equivalent extention of time. 17. 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 and 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 progress of the work, all necessary safe- guards for the protection of 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. 18. Water for Construction The Contractor shall obtain a construction meter for water utilized during the construction under this contract. The Contractor shall contact the appropriate water agency for requirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. Page 23 19. street Closures, Detours, Barricades The Contractor shall not close any street within the City of Carlsbad without first obtaining the approval of the City Engineer. Barricading, traffic control, and detour diagrams shall be submitted by the Contract- or as required by the City Engineer. The Contractor's attention is directed to the traffic control require- ments of the Special Provisions. The Contractor shall provide and install barricades, delineator warning devices, and construction signs in accordance with the Model Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or* unusual traffic or working conditions, additional traffic devices shall be placed as directed by the City Engineer. All traffic signs and devices shall conform to the current State of California, Department of Transportation, "Manual of Warning Signs, Lights, and Devices for Use in Per- formance of Work upon Highways", unless otherwise approved by the City Engineer. V* The Contractor shall provide and maintain 48 inch high reflectorized cones at 20 feet on center with ribbon along walkways of high pedestrian use, so designated by the Engineer. During paving operations barricades may be supple- mented with minimum size 18 inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than 25 feet. At all access points such as intersecting streets, alleys, and driveways, barricades and/or cones shall be provided at 5 foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided at the nearest prior intersection. "No Left Turn" signs shall be provided wherever required by the City Engineer. Whenone-way access from a side street or alley is permitted, barricades and cones shall be provided at 5 foot intervals for a distance of 50 feet on either side of the centerline of the intersecting street oralley. a Page 2k Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City Engineer will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the follow- ing provisions: a. For placing of barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each, day thereafter or any part thereof. b. For flashers - $2.50 per flasher for the first day or any part thereof and $1.00 per flasher per day for each day thereafter or any part thereof. ' c. For traffic cones - $1.00 per cone for each day or any part thereof. d. In the event that the services of the City are required between the hours of 6:00 p.m. and 7:00 a.m., during the normal week or at any time on Saturday, Sunday, or a City holiday, there shall be an additional charge to the above set forth minimums of $25.00 for each service trip required. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. * The Contractor shall relocate, preserve, and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the City Engineer. Any signs which are damaged or found to be missing during the course of construct- ion shall be replaced by the Contractor at his expense as directed by the City.Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs in- clude Stop Signs, Speed Limit, Parking Restrictions, and other regulatory signs. €Page 25 SPECIAL PROVISIONS 1. Surveying Surveying service for this project shall be performed by the contractor. Requirements of the contractor pertaining to this item are set forth in Section 2-9-5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 2. Trenching and Backfill All trenching shall conform to the requirements of Section 30G of the SSPWC and to thyese Special Provisions. The contractor shall obtain a right-of-way permit from the City Engineering Department prior to any construction within the City right-of- way. Where trenches cross pavement sections, the contractor shall saw cut along a straight line as nearly parallel to the center line of the storm drain as possible to allow for clean join lines. Backfill shall be compacted to 90$ of maximum dry density as determined by ASTM Test Method No. D1557-58T. The cost for the trenching and backfill, including the pave- ment saw cutting, removal and disposal, shall be considered included in the unit prices paid for the storm drain pipe, and no additional payment will be made therefor. 3. Trench Resurfacing Trench resurfacing shall conform to the requirements of Sec- tion 306 of the SSPWC and to these Special Provisions. The roadway structural section shall be replaced in kind as directed by the Engineer but in no case shall the section be less than 3" AC on 6" AB. Aggregate base material shall be Class II and conform to the requirements of Section 301-2 of the SSPWC. Asphalt concrete shall be Type I-B-AR-4000 and shall conform to the requirements of Sections 203 and 302 of the SSPWC. Payment for the resurfacing, including the cost of the asphalt concrete and aggregate base, shall be considered included in the cost of the various items of work, and no additional pay- ment will be made therefor. Page 26 4. Concrete Pipe The work shall conform to the requirements of Sections 207 and 306 of the SSPWC and to these Special Provisions. The reinforced concrete pipe shall have a minimum loading classification of 1350-D. Non-reinforced pipe shall have a minimum loading classification of 2000-D. The unit price paid for each lineal foot of storm drain pipe shall include all materials, labor and equipment necessary to install the pipe complete and in place as shown on the. plans and as specified in these Special Provisions, including the saw cutting, trenching, excavation, construction of slope anchors, backfilling and resurfacing. 5. Concrete Catch Basins and Access Structures The work shall conform to the requirements of Section 303.1 of the SSPWC and to these Special Provisions. The bid price paid for these items shall include all the ma- terials, equipment, excavation, labor and operations neces- sary to construct them complete and in place as shown on the plans and as specified in these Special Provisions, and no additional payment will be made therefor. 6. Concrete Outlet Structure The work shall conform to the requirements of Section 303-1 of the SSPWC and to these Special Provisions. The contractor shall construct the outlet structure, including overflow pipe and flap gate in the location shown on the plans or in a location as directed by the Engineer. Should the Contractor encounter bedrock material, deemed by the Engineer as unexcavatable, the outlet structure shall be constructed in a modified form as directed by the Engineer. The unit price paid for the outlet structure shall include all materials, labor, excavation and equipment necessary to install the outlet structure, overflow pipe and flap gate as shown on the plans or as modified by the Engineer and as spe- cified in these Special Provisions, and no additional payment will be made therefor. 7. Utilities Handling of the utilities shall conform to the requirements of Section 5 of the SSPWC. It shall be the Contractor's responsibility to determine the exact location of all utilities and their service connections. The Contractor shall notify the utility companies at least 48 hours in advance of excavating around their facilities. Page 27 8. Cleanup Upon completion of construction and before final acceptance the Contractor shall remove all rubbish, trash and debris from the site resulting from the operation. The site shall be left in a neat and clean condition acceptable to the En- gineer.