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HomeMy WebLinkAboutMladen Buntich Construction Company; 1982-01-27; 1111CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for CARLSBAD BOULEVARD STORM DRAIN CONTRACT NO. 1111 TABLE OF CONTENTS PAGE ITEM NOTICE INVITING BIDS 1 PROPOSAL 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT ' 12 LABOR AND MATERIAL BOND 15 PERFORMANCE BOND 17 / GENERAL PROVISIONS 19* SPECIAL PROVISIONS 27 Page 4 CITY OF CARLSBAD CONTRACT NO. 1111 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No.. 1111 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 therefore the following unit prices for each item complete, to wit: Item Article w/Unit Price or Approximate Unit No. Lump Sum Written in Words Quantity & Unit Price TOTAL 1 18" R.C.P. at Dollars 75 L. F. X/£) Cents per lineal foot / 9/#) oo2. Type B Curb Inlet (SDRS^D-2) 1 ea. ' ) "^' Local Depressipn Dollars Cents per each 3. Headwall at & tV '.lea. Dollars A/0 Cents per each Addendum(a) No(s).__ has/have been received and is/are included in this proposal. Page 5 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. 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 re- quired contract with necessary bonds and insurance policies 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, License No. Identification <Z^~- *j- <-— _ . 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 officers, 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 of 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 vCv I d<^'-<&f '_£" t^L2-£l 14.& _ (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 6 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.t The undersigned is aware of the provisions of. the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general pre- vailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. Phone Number Date Bidder's tyame Authorized Signature ^__ Bidder's Address Authorized Signature _ Type of Organization (individual, Corporation, Partnership) 'STATE OF CALIFORNIA, f P~ " ' COUNTY OF LOS ANGELES / C\ D ! f ' *[ ss' U n ' r ,I v/ » I i V^ I QM December 15, before me, the undersigned, a Notary Public in and :-ri7MAL< ^/ \L.- 19 81 for said State, personally appeared Mladen Buntich nates own «»»ai»«.«»««tmjw»«s<aMBWSMtM 0 X^f^'X „ O^'WM-SEW. i pprsnn whnse namp is , known tn mp to he the subscribed to the within Instrument. r. | Fp5<siy^v<^ r»V«jv pust »c omf^^ ant' ac'<nowlet'2e^ *° me *nat ne— executed the same. « t'CVi/^4: '"'¥ PRINCIPAL OFFICE l« § S V«,-;5'j««>'X lasA^EuscoumY |t WITNESS my hand and official-seal. i 5 ^&i53&r fy Commission £xp. Apr. 18, ]9g| 1 ' / ) ACKNOWLEOGMENT-General-Wolcotts Form 232-R«. 3-64 « ^-^ Notary-PubliC in and for said State. IT7A ?*>*£* ORIGINAL STATE OF CALIFORNIA County nf Los Angeles On this 15th V SS. day of Marguerite S. Butler December m81 v. c, 19 , before me , a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared Allen Jayne P*?JC!PAl OFFICE IN LOS ANGaes COUNTY ' &W *!*.18,1384 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 acknowledged to me that such Corporation executed the same. Notary Public in and for the State of California, County of-Los Angeles STATE OF CALIFORNIA, COUNTY OF LOS ANGELES SS. -Decembex IS,, 1981 , 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,-iS-person whose name and acknowledged to me that he executed the same. WITNESS my hand and official seal. AfKNOWLEDGMENT-General-Wolcotts Form 232-Rev. 3-64 I Public in and for said State. Bond No. B 051624 Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, MLADEN BUNTICH CONSTRUCTION CO. and FREMONT INDEMNITY COMPANY _ j as Surety, are held and firmly bound unto the City of Carlsbad, California, 'in the sum Of TEN PERCENT OF THE AMOUNT BID IN --------------------------- Dollars , as Principal, ($-—10% of ) > lawful money of the United States for the pay- ment of which sura 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: CARLSBAD BOULEVARD STORM DRAIN - CONTRACT NO. 1111 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 contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of December t 19 81 15th Corporate Seal (If Corporation)MLADEN BUNTICH CONSTRUCTION CO. NDEMNITY COMPANY Allen Jayn Title Attorney-i\i-Fact (Attach acknowledgement of Attorney in Fact) (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.)ro.. FREMONT INDEMNITY COMPANY HOME OFFICE - LOS ANGELES, CALIFORNIA POWER OF ATTORNEY ' KNOW ALL MEN UY THESE PRESENTS: Thai, FREMONT INDEMNITY COMPANY , by WILLIAM JONES, JR. its Vice President, in pursuance of authority granted by Resolution of its Hoard 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 time appoint Attorncys-in-Facl lo reprcsenl and acl for and on behalf of the Company, and either the President or any Viee-Presidcnt, the Hoard of Directors or Executive Committee may at any time remove such Atlornrys-in-Fae.l and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Altorneys-in-Farl 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 recjuire, and any such bonds or under- takings executed by any such Allorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." t does hereby nominate, constitute and appoint ALLEN JAYNE ils Irue and lawful Attorncy-in-Facl, lo make, execute, seal and deliver for and-on its behalf, as surety, and as its acl 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 ihc said FREMONT INDEMNITY COMPANY, this 12th_ day of March . A.D., 19 79 „ " -T • • -. •- • •>, FREMONT INDEMNITY COMPANYH. . ^ .3 „ V ' " \ ' '/.I Hl7 I / ^ ^ JP O JL <*. . ^_V^ „ , /I ^ ^- STATE OF CALIFORNIA \ Vice /•,„«..« J^liam J^Tjr. COUNTY OF LOS ANGELES jfss 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 Vl C6 President, of FREMONT INDEMNITY COMPANY , to me personally known to be llic 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 se.al 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, 1 have hereunto set my hand and affixed my Official Seal, at thtrCity of Los Angeles, the day and year first above written. -^^SSSSSSSSSrSSJ^SESSSySSS^SSSSS / /' ' OFFICIAL SEAL ffl ~ / /L ffl <~ / MOTO cB ^X /NANCY L. OKAMOTO » „.._ HOIARY J'UDUC-CMIIOK.NI* ?! (SLAL) jJ'AsSt'^.y}'/ IOS AJJGEtlS COUH1Y My Commijsicn Expires I I, Ihc undersigned. Assistant Secretary of FREMONT INDEMNITY COMPANY , do hereby cerlify thai the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. "N WITNESS WHEREOF, 1 have hereunto subscribed my name as Assistant Secretary, and affixed thetorporalc Seal of the Corporation, this I5th day of December ,9 81 ^ 7 ' ' - ^ '.'-/v (t ( L-Y - T '-'•<• "6^ •r-^-'V Assistant Srcrctnry Robert S. Stein Page 8 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 City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following infor- mation is required for each subcontractor. Additional pages can be attached, if required: > Full Complete Items of Company Address Phone No. Work Name w/Zip Code w/Area Code " STATE OF CALIFORNIA, COUNTY OF LOS AN6Q.ES on ss. December 15,19 SI Irefore me, the undersigned; 3 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 and acknowledged to me that WITNESS mv hand and official is . executed the same. otary Public in and for said State. Page 9 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 pages can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ($ or %) r\! N X" ^Licenses are renewable annually by January 1st. If no valid license 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 Authorized Signature & . 0- i C ! *• 8 "i 1 Is-?»/,«'-, -Uf t *" i r*-H S•3 it U 11 Ji AL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss. s y^ses?3 .xV- i WC i-Y...,,.J.;Cit» >-• ;';,..;.';•; fp ^ V\ .'L *.'*£'*l&l, >£**&'.' MA8fi»JER!TE S. BUTLER KOTA«Y HJ8UC - LOS ANGfUS COUNTY 'ACKNOWLEOGMENT-Gginnt-WolcottJ Form 23Z-fttv. 3-64 < December 15,81 before me, the undersigned, a Notary Public in and for said State, personally appeared t llaclan Huntich • ' , known to me to be the -subscribed to the within Instrument,isperson whose name__ and acknowledged to me that he executed the same. WITNESS mv hand and officia f ••* -r .- Notary Public in and for sard State. Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. (Notarize or Corporate Seal) Signature paUi L i t STATE OF CALIFORNIA, COUNTY OF. LOS ANGELES ss. Decenber 15,.,19- 31 before me, the undersigned, a Notary Public in and for said State, personally appeared Page 11 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 telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. _ Signature (Notarize or Corporate Seal) ' Page 12 CONTRACT THIS AGREEMENT, made and entered into this £ "7 daY of 19 fiQ » ky an<* between the City of Carlsbad, California, b«reinaftei designated at "CITY", party of the first part, and Mladen Buntich Constru ction Co. hereinafter designated as "CONTRACTOR", party of the second part. WITNESSETH: The parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Contractor agrees with the City to furnish all materials and labor for: CARLSBAD BOULEVARD STORM DRAIN CONTRACT NO. 1111 and to perform and complete in a good workerlike manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (except such materials, if any, as in the said specifications are stipulatd to be furnished by City), and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and'embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unfore- seen difficulties which may arise or be encountered in the prose- cution 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 of discon- tinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully com- leting the work and the whole thereof, in the manner shown and de- scribed in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore 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 Contractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terras and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. r " ' :" J '^- Page 13 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and speci- fications, 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 execute the con- tract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify 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 responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howso- ever the same may be caused, resulting directly or indirectly from the nature of the work, covered by the contract, regardless of respon- sibility for. negligence. 7. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by the 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 Con- tractor has no workers' compensation insurance policy covering the subject matter of this contract, then Contractor 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 descrip- tion which would otherwise be covered by such workers' compen- sation 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' compensation self insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the construction industry rules of ;^ -n;uih/-\ STATE OF CALIFORNIA, COUNTY OF LOS ANGELES )r ON January 15th, before me, the undersigned, a Notary Public in and fT O ," , for said State, personally appeared Mladen Duntich mm**,**- *H»~mmmmmm**nH»mmmmmm pfirson whose name is , knnwn tn mft tn he the subscribed to the within Instrument. I *' : ' \ wSSaw 8nd acknowledged to me that ~he- executed the same' , \ fKJTAKV PI/3LIC - CALIFORNIA ..,..,....„„ t. .. , „ . . J'RINCIPAL OFFICE IN LOS ANGEliS COUNTY Ky Commission fjp. Apr. it, 'ACKNOWLEDGMENT-Generil-WnlcotU Form 232-Rtv. 3-64' WITNESS my hand and officia 1 Notary Public in and for said State. Page 14 the American Arbitration Association and judgement upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Mladen Buntich Construction Co. Contractor By (Seal) Sole owner Title Title CITY OF^CARLSBAD, CALIFORNIA ^rV^xa- Mayor ATTEST: City Clerk J Page 15 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: BOND NO. B 051936 Premium included in charge for Performance Bond. WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6j$k adopted January 5, 1982 has awarded to Mladen Buntich Construction Co. contract for: hereinafter designated as the "Principal", a CARLSBAD BOULEVARD STORM DRAIN CONTRACT NO. 1111 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 materials, 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 Frpmnnt Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Four Thousand Fifty and no/100 —Dollars ($fr.nqQ.QQ )~ said sum being fifty per cent(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, pro- vender 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. r *--•»* STATE OF CALIFORNIA County nf Los Angeles. On this 3.5th day of January 19 82-, before me Marguerite S. Rufcler _, a Notary Public, in and for the County and Off iCIAL SEAL KSARCaeRITE S. BUTLER NOTARY PU8UC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Eip. Apr. 18,1984 State aforesaid, residing therein duly commissioned and sworn, personally appeared A3 1 nn .Taynp- 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 acknowledged to me that such Corporation executed the same. ^-*t-e-H*~&t-<^ Notary Public in anc State of California, County of_Los Angeles STATE OF CALIFORNIA, COUNTY OF LOS ANGELES OFFICIAL SEAL S. BUTLER • CAUF PRINCIPAL OFFICE I 'ACKNOWLEDGMENT-General-Wnlcottl Form 232-Rev. 3-64' January 15th,., 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,ISperson whose name and acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public in and for said State. Page 16 This bond shall inure to the benefit of any and all persons, com- panies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. 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 15th day of January , 19 82 Mladen/Bunt Ich Construction Co. (Notarize or Corporate ~ Sole Qwner Seal for each Signer) Contractor Fremont indemnity Company Surety Page 17 PERFORMANCE BOND ' BOND NO- B °51936 PREMIUM: $97.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of Cali- fornia, by Resolution No. 675^ adopted January 5. 1982 , has awarded to Mladen Buntich Construction Co. . hereinafter designated as the "Principal", a contract for: CARLSBAD BOULEVARD STORM DRAIN CONTRACT NO. 1111 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said con- tract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Hladen Buntich Construction Co. , as Principal, hereinafter designated as the "Contractor", and Fremont Indemnity Company as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Eight Thousand One Hundred and no/100-- •- — --Dollars ($ 8,100.00 ), said sum being equal to 100 per cent (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, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 18 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 notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall hot 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 15th day of January , 19 82 . Mladen^/Bunt i ch Construction Co. Sole owner (Notarize or Corporate Seal for Each Signer)Contractor Fre: Surety rr^ vrsifF^n|;^,-1 fea w:*i |.*$> fes^H GINAL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES r WER M.-;rDW«A -NTT 'ACKNOWLEDGMENT-General-Wolcotti Form 232-Rev. 3-641 ss. OIL January 15th, before me, the undersigned, a Notary Public in and for said State, personally appeared isperson whose name and acknowledged to me that he executed the same. WITNESS mv hand and official seal. , known to me to be the subscribed to the within Instrument, Notary Public in and for said State. STATE OF CALIFORNIA County of-Los Angeles On this 15th Mnrr-uerite S. Butler V ss. day of , before me _ a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared Allan Jayne SUR OFFICIAL SEAL S. BUTLER CALIFORNIA f-RtNCIPAL OFFICE IN LOS ANGELES COUNTY Apt- 18, 1984 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 acknowledfe3)to me that such Corporation executed the same. Notary Public in and for fiirtttfe of California, County of.Los Angeles o IF-FREMONT INDEMNITY COMPANY HOME OFFICE — LOS ANGELES. CALIFORNIA POWER OK ATTORNEY • ALL MEN BY THESE PRESENTS: That; FREMONT INDEMNITY COMPANY . by WILLIAM JONES, JR. ~tl* "l C6 PrrsTilcnt, in pursuance of authority granted by Resolution i>f il* Hoard of Director* at a meeting called and held on the 18th day of February. 1972. which said Resolution ha* not be.rn amended or/cscindr.d and of which ihr. following IK a true, full and complete copy: " " ' .-",.." "KESOLVED: That the President or any Vice-President may from lime to time appoint AlIorncys-in-Fact to represent and act for and on behalf of the Company, anil either thr President or any Virc-Prcsidrnt. the Hoard of Director* or Exr.cbtive Committee may at any lime remove such Allornitys-in-Facl and re-volte the Power i>f Attorney given him or her; and Lc it further . " . . . . " - ED: That Ihc Atlorneys-iii-FacI may be givr.n full powitr lo cx<:i:ule for and in the name of and on behalf of the Company any and all honds~and undertakings as llir. business of the Company may r«:<juirc, and any such bonds or under- takings executed by any such Attoriiry-in'-FacT shall be as binding uj>on the Compa'ny as IT>.igiffilf'<fly*'ltiacd?lfJ3ident and scaled and attested by "the Secretary." • f T * L] does hereby nominate, constitute and appoint ALLEN JAYNE {j \\ i \ji I I '\S|L' |_ ils Irue and lawful Allorncy-in-Fact, to make, cxi-.r.olc, s«-jl and deliver for and on its behalf, as surely, and as ils act and deed: ANY AND ALL BONDS AND~UNDERTAKINGS JN WITNESS WHEREOF the said VlCC President has hi.rcunlo subscribed his name and affixed the corporate seal of the said FREMONT INDEMNITY COMPANY, this 12th day of March . A.D.. 19 79 Ml w .- - - - FREMONT INDEMNITY COMPANY By STATE OF CALIFORNIA \ COUNT-Y OF LOS ANGELES J , Jr. On this 1 2th day of March A.D., 1979 . before the subscriber, a Notary Public of the Slate of California, in and for the.County of Los Angeles, duly commissioned and qualified, came the above named VI CG - Presidr.nl. of FREMONT INDEMNITY COMPANY , to me personally known lo be the individual and officer described in and who execuled the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is" ihc said officer of the Corporation aforesaid, and thai the seal affixed lo ihc preceding inslrumcnl is the Corporale Seal of the Said Corporation, and lhal ihe said Corporale Seal and his signature as such officer were duly affixed and subscribed lo the said inslrumenl by ihc authority and dirr.clion of theisaid Corporation. IN WITNESS WHEREOF, I have hcrcunlo set my hand and affixed my Official Seal, al ih^Cily of Los Angeles, the day and year first above written. .-c^osscssssc^sissssssscsssssSS OFFICIAL SEAL ft (SEAL) NANCY L. OKAMOTO HU1ART fUOUC-CAUIORNIA IDS AHCEUS COUN1Y V,y Commission Expiics Aug. 13. I,"the undersigned. Assistant Secretary of FREMONT INDEMNITY COMPANY , do hereby certify lhal ihe original POWER OF ATTORNEY, of which ihc foregoing is a full. Iruc and correct copy, is in full force and effect. WITNESS WHEREOF, 1 have hereunto subscribed my name as Assistant Secretary, and affixed ihe Corporale Seal "of the Corporalion, this 15th day of January 1982 Assistant Secretary Robert S. Stein Page 19 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the 1979 edition of the Standard Specifications for Public Works 1 Cons true t ion hereinafter designated SSPWC, as issued by the Southern 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. The Construction Plans consist of 1 sheet(s) designated as City of Carlsbad Drawing No. 214-4 . The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. WORK TO BE DONE•'""' " ' ™ - . . - ._ j The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations neces- sary 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 words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accom- panying these provisions unless stated otherwise. Page 20 c) Direct ions: Where 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 as required and as approved by the City Engineer" unless stated otherwise. d) Equals and Approvals: 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 oper- ations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indi- cated, 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 equipment and trans- port at ion. 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 Contractor per Section 6-1 of the SSPWC at the time of the preconstruc- tion conference. Page 21 Coordination with the respective utility company for removal 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 diligently prosecute the work to completion within 15 consecutive calendar days from the date of receipt of said "Notice to Proceed." NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials dis- covered during the guarantee period shall be repaired or re- placed 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 necessarj' copies of such instructions, in- cluding two copies to the City Engineer. 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 Control Ordi- nance 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 in- spectors 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 re- lieve Contractor from any obligation to fulfill this contract. p- iv JI-TBP ,«•->> r-™->ji •:pr.; i Pase 22 L'MI us j j/ \1_ 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 inserted 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 in- serted, 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 comple- tion of the work, shall be provided at the Contractor's ex- pense 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 her/his subcontractors and materials suppliers of this condition of the contract will not relieve 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 indi- cated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process 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 information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical 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, Page 23 apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, 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 draw- ings 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 comple- tion 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 re- quired licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price are for comparing bids and may vary from 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 entitled 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 emergen- cies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, 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 exten- sion of t irae. Page 24 17. SAFETY & 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 safeguards for the protection of workers and public and shall post danger signs warning against 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 re- quirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate pay- ment will be made. 19 . 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. Con- tractor shall include cost of surveying service within appro- priate items of proposal. No separate payment will be made. Page 25 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 Contractor as required by the City Engineer. The Contractor's attention is directed to the traffic control requirements 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 Performance of Work upon Highways",-unless otherwise approved by the City Engineer. The Contractor shall provide and maintain 48 inch high reflect orized 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 supplemented 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. When oneway 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 or alley. 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 following provisions: Page 26 a) For placing 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 partthereof. 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 PM and 7:00 AM, 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 visi- bility 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 construction 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 include Stop Signs, Speed Limit, Parking Restrictions, and other regulatory signs. 27•\; , •' ' ' 'I'liVo. SPECIAL PROVISIONS 0; 1 . Trenching and Backfill All trenching shall conform to the requirements of Section 300 of the SSPWC and to these Special Provisions. The Con- tractor 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. » 2. Trench Resurfacing Trench resurfacing shall conform to the requirements of Section 306 of the SSPWC and to these Special Provisions. The roadway structural section shall be 8" A.C. on 6" A.B. Aggregate base material shall be Class II and conform to the requirements of Sections 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 in- cluded in the cost of the various items of work, and no additional payment will be made therefor. Page -28 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. Asbestos cement pipe shall have a minimum loading classification of 2000-D (Class IV). 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, includ- ing the saw cutting, trenching, excavation, backfilling and resurfacing. Concrete Catch Basins and Local Depression 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 materials, equipment, excavation, labor and operations necessary to construct catch basin and local depression complete and in place as shown on the plans and as specified in' these Special Provisions, and no additional payment will be made therefor. Concrete Outlet Headwall The work shall conform to the requirements of Section 303-1 of the SSPWC and to these Special Provisions. The unit price all materials, install the modified by paid for the outlet structured shall include labor, excavation and equipment necessary to headwall structure as shown on the plans or as the Engineer and as specified in these Special Provisions, and no additional payment will be made therefor, Utilities Handling of the utilities shall conform to the requirements of Section 5 of the SSPWC. Page 29 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 advaance of excavating around their facilities. 7 . • 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 Engineer.