HomeMy WebLinkAboutN.A.& J. Frank Artukovich J.V.; 1983-04-12; 1128CITY OF CARLSBAD
San Diego County
California
BID DATE <=£& 25 TIME
ESTIMATE $ (4,0.00 BONO
COMPLETION 30 Qj^lo^A^- L1Q I
DEPOSIT REFUND wo
CONTRACT DOCUMENTS & SPECIFICATIONS
for .
GRAND AVENUE WATERLINE
REPLACEMENT
CONTRACT NO. 1128
JANUARY, 1983
TABLE OF CONTENTS
ITEM PAGE
NOTICE INVITING BIDS 1
PROPOSAL 3
BIDDER'S BOND TO ACCOMPANY PROPOSAL 6
DESIGNATION OF SUBCONTRACTORS 7
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 9
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 10
CONTRACT 11
LABOR AND MATERIALS BOND 16
PERFORMANCE BOND - 18
GENERAL PROVISIONS 20
SPECIAL PROVISIONS 26
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS ORIGINAL
Sealed bids will be received at the Office of the Purchasing Agent, City
Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the g. 5"
day of f-^z&ftl/flfcV , 19^5 at which time they will be opened and read
for performing the work as follows:
GRAND AVENUE WATERLINE REPLACEMENT
CONTRACT NO. 1128
The 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. Reference is hereby made to the
specifications for full particulars and description of the 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 security in a
form and amount required by law. The bidders' security of the second and
third next lowest responsive bidders may be withheld until the contract has
been fully executed. The security submitted by all other unsuccessful
bidders shall be returned to them, or deemed void, within ten days after
the contract is awarded. Pursuant to the provisions of law (Government
Code Section 4590) appropriate securities may be substituted for any money
deposited with the City to secure any obligation required by this notice.
The documents which must be completed, properly executed, and notarized
are:
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
All bids will be compared on the basis of the Engineer's estimate. The
estimated quantities are approximate and serve solely as a basis for the
comparison of bids. The Engineer's estimate is $ 14,000 .
No bid shall be accepted from a contractor who has not been licensed in
accordance with the provisions of State law. The contractor shall state
his or her license number and classification in the proposal.
One set of plans, special provisions and contract documents may be obtained
at the Engineering Department, City Hall, Carlsbad, California, at no cost
to licensed contractors. Additional sets are available for a nonrefundable
fee of *$/&, 0 G per set.
Page 2
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 worker
needed to execute the contract shall be those as determined by the Director
of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of
the California Labor Code. Pursuant to Section 1773.2 of the California
Labor Code, a current copy of applicable wage rates is on file in the
Office of the Carlsbad City Clerk. The contractor to whom the contract is
awarded shall not pay less than the said specified prevailing rates of
.wages to all workers employed by him or her in the execution of the
contract .
The prime contractor shall be responsible to insure compliance with
provisions of Section 1777.5 of the California Labor Code.
The provisions of Part 7, Chapter 1 of the California Labor Code commencing
with Section 1720 shall apply to the contract for work.
VY/LL NOT
A prebid meeting and tour of project site will/will not be held on
at at
Bidders are advised to verify the issuance of all addenda and receipt
thereof one day prior to bidding. Submission of bids without
acknowledgment of addenda may be cause for rejection of bid.
Bonds to secure faithful performance of the work and payment of laborers
and materials suppliers each in an amount equal to 100 percent of the
contract price shall be required for work on this project.
Approved by the City Council of the City of Carlsbad, California, by
ResolutiogrNS^'ji | £ 6 . adopted on the / 67" day of
19 • . B *-'"• ••'-•- *•" ' -s '<: ••
Date / Aletha L. Rautenkranz, City Cler
ORIGINAL
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Page 3
CITY OF CARLSBAD
CONTRACT NO. 1128
PROPOSAL
The undersigned declares he/she has carefully examined the location of the
work, read the Notice Inviting Bids, examined the Plans and Specifications,
and hereby proposes to furnish all labor, materials, equipment,
transportation and services required to do all the work to complete
Contract No. /l^& _ 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 w/Unit Price or
Lump Sum Written in Words
Approximate
Quantity
& Unit
Unit
Price TOTAL
Furnish materials & construct
12" class 150 asbestos cement
water main including saw cut-
ting, trenching, backfill and
overlaying, clearing & grubbing
Complete in place at
34SL.F.50
Dollars
Cents
per linear foot
Page 4
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 undersigned has checked carefully all of the above figures and
understands that the City will not be responsible for any errors or
omissions on the part of the undersigned in making up this bid.
The undersigned agrees that in case of default in executing the required
contract with necessary bonds and insurance policies within twenty (20)
days from the date of award of contract by 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. .3*^51 &Q
Identification (2~LASS> A _ •
The undersigned bidder hereby represents as follows:
1. That .no Councilmember, officer, agent or employee of the City of
Carlsbad is personally interested, directly or indirectly^ in tfiis
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 hereof by its terms; and
2. That this bid is made without connection with any person, firm or
corporation making a bid for the same work, and is in all respects
fair and without collusion or fraud.
Accompanying this proposal is _ _
(Cash, Certified Check, Bond or Cashier's Check)_
in an amount of not less than ten percent (10%) of the total bid price.
'••is-'." -**M^jf If
ORIGINAL
Page 5
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.
The undersigned is aware of the provisions of the State of California Labor
Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of
wages for each craft or type of worker needed to execute the contract and agrees
to comply with its provisions.
Phone Number
NJ..A; H-T. FtzAAik Ae-4t>lurvi cL IV.
Bidder's Name
25
Authorized Signature
Co s-U.QA. .2k zu
Bidder's Address
Authorized Signature
Type of Organization
(individual, Corporation,
Partnership)
List below names of President, Secretary, Treasurer and Manager if a
corporation, and names of all partners, if a partnership:
_\T. .S*4 .
Kl.A-Ual.
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY
ALL PRINCIPALS MUST BE ATTACHED)
(CORPORATE SEAL)
ROf?1!?|
ORIGINAL
STATE OF CALIFORNIA
COUNIY Oh"ss.
On ____ J
State personally appeareO
fotfnejtie undersigned, a Notary Public in and lor said
to me (ot proved to me on the basis of satisfactory evidence) to be the person
______________________ subscribed to the within instrument and acknowledged that . .
the same,
WITNESS myjjgnd/and official seal.
Signature
Name (Typed or Printed)
personally known
whose names
_ executed
OFFICIAL SEAI.
43 (, 10) Uov. 6 82
NOTARY ?U3L!C - CALIFORNIA
PNINClPAL OFFICE IN
OSANGS COUNTY
My Commission E*p. Aug. 19,1985 fa
'OiSSOeXJ'SfresOO**
(This area (or oflicial seal)
State of California
County of Los Angeles
On this.25th day of FEBRUARY , I9?J, before me personally came
Arthur J. Clementt Jr.
to me known, who being by me duly sworn, did depose and say: that he is Attorney (s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed-the foregoing instrument; that he know(s)
the seal of said Corporation; that the seal affixed to said instrument is such corporate ,seal; that \y#s± so affixed
by authority granted to him in accordance with the By-Laws of the said Corporation, a\id Jjiat jjesigned his name
thereto tr OrFlCIAL SEAL
l/y^f^A DIMITRA SCHMAUSS
[ ^ii^;.^ NOTARY ruOLiC-CALirDRNtA\ v'vi^r£;;.:-y F.iiNCipAL OFFICE IN
" ^j^-^ LCS A"-;':-!-:s COUNTY
My Commission Expjrss Apr. 30, 1936
(Notary Public)
Page 6
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
N.A. ARTUKOVICH & J. FRANK ARTUKOVICH
That we, A JOINT VENTURE '
and COVENANT MUTUAL INSURANCE COMPANY , as Surety,'are held
and firmly bound unto the City of Carlsbad, California, in'the sum
of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID IN Dollars
ORIGINAL
, as Principal,
($rna ), lawful money of the United States for the pay-
ment~6f 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:
• .
Grand Ave. waterline replacement
in the City of Carlsbad, is accepted by the City Council of said
City, and if the above-bounden Principal shall duly enter into
and execute a contract including required bonds.and insurance
policies within twenty (20) days from the date of award of con-
tract by the City Council of the City of Carlsbad, being duly
notified of said award, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and
effect, and the amount specified herein shall be forfeited to
the said City.
In the event any Principal above named executed this bond
as an individual, it is agreed that the death of any such Prin-
cipal shall not exonerate the Surety from its obligations under
this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
- 25th day of FF.RRATTRY '. , 1"
N.A. ARTUKOVICH & J. FRANK ARTUKOVICH
A JOINT VENTURE
Corporate Seal (if corporation) ,"\ Principal
/
COVENAN^ntfuTU&L /INSU
Title
Attach Acknowledgement of
Attorney in Factv''
Notarj._al Acknowledgement of exe-
cution, by all PRINCIPALS and
SURETY must be.attached
Attach Power of Attorney
COVENANT MUTUAL INSURANCE COMPANY
Hartford. Connacticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ORIGINAL
That COVEN ANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, dews hereby
make, constitute and appoint
its true and lawful Attorney (s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said AttorneyUl-in-Fact.
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12. 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vica President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any bond, undertaking, recognizance or other written obligation in the nature there-
of; such signatura and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
COVENANT MUTUAL INSURANCE COMPANY
Attest:.
Assistant Secretary
'
STATE OF CONNECTICUT )
COUNTY OF HARTFORD
ss:
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkinito me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
thatthey are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
.*• \
:oi
Notiirv Public
My commission expires March 31, 1978
CERTIFICATION
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealed at Hartford, Connecticut, this25th day of FEBRUARY 1983
^
Assistant Secretary
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 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 information is required for each subcontractor.
Additional pages can be attached, if required:
Items of
Work
Full
Company
Name
Complete
Address
w/Zip Code
Phone No.
w/Area Code
u
Page 8
DESIGNATION OF SUBCONTRACTORS continued
The bidder is Lo 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
*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)
M.A.*- 3".
Bidder's Company Name
a-M Aog^. •^'''g-.lffb
Bidder's Complete Address
Authorized Signature
STATE OF CALIFORNIA
COUNTY OFx ss
On §s
State personally appear^;
ndersigned.a Notary Public in and (or said
oDT)
c0)
O>t>0)
to me (or proved to me on the basis of satisfactory evidence) to be the person
-.— subscribed to the within instrument and acknowledged that .. W-t
the same
WITNESS my,
Signaturl
personally knuwn
whose name
. executed
£<>;--f£S, LEONA IRENE PASLEY
W?5ri.Cl£?* NOTA»V FU-.U.IC - CAUrORN
Name (Typed or Printed)
PR-43 (10) l.'t>v 6-82 (This area (or official seal)
STAIE OF CALIFORNIA
COUN?.' OF,
<f/.7.63- before rrxT) the undersigned, a Notary Public in and for said
. personally known
to me (or proved to me on the basis of satisfactory evidence) to be Ihe person _. whose name
subscribed to the within instrument and acknowledged that .^o^C- — _ executed
the same.
/} s^-\
WITNESS my hhr^Gnd official seaL / I
s^—^% \ f) ^4-~S
Signature /Xj2~>L^ ^/. tC^
1 fE.eNj
Name (TyptxJ or Printed)
ORANGE COUNTY
Commission Ex?. Auj-19
PR-43 (10) Itev 6 82 (This area for official seal)
Page 9
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
FINANCIAL STATEMENT
INDIVIDUAL, PARTNERSHIP. OK CORPORATION
FINANCIAL STATEMENT OF
T.I/.
... 5(c>o
To CoJH-A.
AUG..
RCCXIVKD AT-
BUSINESS
*fc r™nn
OlifGJNAL
f oo AT CLOSE OP BUSINESS-
The undersigned, for the purpose of procuring and establishing credit from time to time with you and to induce you to permit the undersigned to becomeindebted to you on notes, endorsements, guarantees, overdrafts or otherwUe, furnishes the following (or in lieu thereof the attached, which is the most recent
statement prepared by or for the undersigned) as being a full, true and correct statement of the financial condition of the undersigned on the date indicated, andagrees to notify you immediately of the extent and character of any material change in said financial condition, and also agrees that if the undersigned, or anyendorser or guarantor of any of the obligations of the undersigned, at any time faus in business or becomes insolvent, or commits an act of bankruptcy, or if anydeposit account of the undersigned with you, or any other property of the undersigned held by you, be attempted to be obtained or held by writ of execution, gar-nishment, attachment or other legal process, or if any of the representations made below prove to be untrue, or if the undersigned fails to notify you of any mate-rial change as above agreed, or it the business, or any interest therein, of the undersigned is sold, then and in such case, at your option, all of the obligations ofthe undersigned to you, or held by you, shall immediately become due and payable, without demand or notice. This statement shall be construed by you to be acontinuing statement of the condition of the undersigned, and a new and original statement of all assets and liabilities upon each and every transaction in andby which the undersigned hereafter becomes indebted to you, until the undersigned advises in writing to the contrary.
ASSETS
rt-fh Tn 1 , ,jP*-V*ArU*«t l t"M -^ A-Al i<
(NAME Ol* BANK)
Notes Receivable andTrudr ATpir^e (InrlnA-t f . P*«r rtiie)
Merchandise— Finished — How Valued.
MnrrnndiV — R«w Mitrriil — Him VnlurH ._,,..
Supplies on Hand
Stofte tnd Brnidi — Ii-*nrl (S»r ,SrhHul» B)
TOTAL CURRENT ASSETS
Roil Frtlh"— If" TVprmBtmn of: f , , Net(See Schedule A)
Machinery «nd Fixtures —
:otnobiles and Trucks— -
St~^ .„,} Rm^c_JInli«r«) (W C^hertnle HI
Due from Partners, Employes,
TOTAL
DOLL
2D2.
2.O 2.
/GO
loo
So
^•So
ARS
ooo
ooo
ooe
060
ooo
oco
CENTS
OCJ
oo
«3O
00
00
oo
LIABILITIES
Nnri«t Payahlr fn Rani™ F/lAy O-f-f A/nOU)«JTS
Notes Payable and Trade Arrrptinm far Mpr^tunr|i<e
Nores Pay»h!e rn Others
Accounts Piyable 1 Tnrlniii-s f Pact T>ne)Due to Partners, Employes,Relatives. Officers, Stockholrler! or Allirrl r/impani'M
Chattel Mortgages and Contracts Payable (Describe
Federal and Sr«te Inmrae TIT
Accrued Liabilities (Interest. T&igrs, T«»«S PJT-)
Portion of Long Term Debt Due Within One y«r . _
- TOTAL CURRENT LIABILITIES
Liens on Real Estate fSee SrWl,,],.. A) f
Less Current Portion Included Ahnve f Krf
Caoital Stock — Preferred
Capital Stock — ComroAfl
Surplus — PaiH fn .
Surplus — ^Earned and Undivided Prnfirs
Net Vorth (If Not Inc£,rporir«! )
TOTAL
DOLLi
4l»
t/
6b
»R8
Coo
COO
ooo
CENTS
00
60
CO
_TO CONTINGENT LIABILITIES (NOT INCLUDED ABOVE)
Net Sales (After Returned Sales and /
1 Cost of Sales:
Beginning Inventory
t Purchases (or cost of goods mfd.)
j • TOTAL
less: Closing Inventory
•'••'•••••' G
Operating Expenses:
Salaries — Officers or Partners
Salaries and Wages— Other
Rent
Depreciation
Bad Debts
Advertising
Interest
Taxes — Other Than Income
Insurance
iier Expenses**
! \~-iA Profit from Operations
Other IncomelLess Other Expense
Net Profit Before Income Tax
Federal and State Income Tax
Net Prof it or Loss '
ross Profit on Sales
(To Net Worth or Earned Surplus) '
As Guarantor nr EnHnra-rAccounts, Notes, or TildeAcceptances Discounted or Plt<
Surety On Bonds or Other Contii
Letter* nf CirA*
Judgments Unsatisfied or Suits P
Merchandise Held On CoosignmeUnsatisfied Tax Liens or NoticesState Governments of Intention
RECONCILEMENT OF
Net Worth or Earned Surplus at
Add Net Profit or Deduct Net I
Other Additions (DeK-rihe) .
Less: Withdrawals or Dividends
Other Deductions (Explain)
Net Worth or Capital Funds on '
Ipvl
>rnt Liability
ntrling
nfintshrd O*ntrwt*i
Tt Prom nrtiert:
from the Federal ortn.Atcen S,i<4i T ien«
NET WORTH OR EARNED SURPLUS
ff.n nf|w;fv,
r»«
TrtsI
Total
ETiis Fioaocia! Stttrmcnt
DETAIL OF INVENTORY
Is Inventory Figure Actual or Esb
By Whoni TII km or Estimated^
Buy Principally From
Time of Year Inventor* MajagBB
^1s»
SCHEDULE A LIST OF REAL ESTATE AND IMPROVEMENTS WITH ENCUMBRANCES THEREON
So-Ai (LLejuotno-kt.
TOTALS
Trtui IN
NAMES or
AnJukavCtA.
BOOK
LAND
S 10D,OOQ ^
5
VALUE
IMPROVEMENTS
3 —
5 _j
MORTGAGE.
MATURITY
—
S OR UENS
AMOUNT
9 —
5
TERMS OP
PAYMENT
5 —
S
• —
_—
;•
(fr.
SCHEDULE B STOCKS & BONDS: D«crib« Fully. Use Supplemental Sheet il Necessary. Indicate if Stocks Are Common or Preferred. Give InterestRate and Maturity of Bonds.
NO. OF SHARES
AMT. OF BONDS >-
TOTALS
BOOK VALUE
LISTED
9
9
UNLISTED
5
S
MARKET VALUE
PRICE VALUE
S
S
SCHEDULE C Complete if Statement is for an Individual or Sole Proprietorship
Number et Ye»r« in Pra««nt Binaries* -.Pat» of Filing Fictitious Trade Style
Wh«t Property Lilted in This Statement U in Joint Tenancy?Name of Other Party
What Property Listed in Thia Statement is Community Property?Name of Other Party
With What Other Business Are You Connected?Have You Filed Homestead?
Do You Peal With or Carry Accounts With Stockbrokers? Amount ?
SCHEDULE D Complete if Statement is of a Partnership
Name of Firra
NAME OF PARTNERS
(INOICATX SPECIAL PARTNERS)
W. A AfeJ-pLo-t'i'cL-
T. C". Af£,TTjfejr\jit.L
Aaz AMOUNT
CONTRIBUTED
S
OUT3IOINET WOSTH
S
OTHER BUSINESS CONNECTIONS
Date of Organization - Si,Limited or General?Terminate*
If Operating Under Fictitious Trade Style, Give Date of Filing
SCHEDULE E Complete if Statement is of a Corporation
Common Stock
Preferred Stock
AUTHORI1XO
9
*
PARVALUE
S
S
OUTSTANDING
SHARES AMOUNT
S
9
CASH
$
S
ISSUED FOR
OTHER (DESCRIBE)
Bonds— Total Issue $Outstanding 9 Due Interest Rate
Date Incorporated Under Laws of State of
Omcuis
President
Vice President
otci'CtArjr
Treasurer
Aas BHARCS OWNED
COMMON pmm^RRKo DI«ECTORT» AMD PRINCIPAL STOCKHOLDERS
Director
Director
Director
SHARES OWNED
COM MOM PNKPEMmO
SCHEDULE F Compfete in ALL Cases INSURANCE
Are Your Books Audi'OutsideDate of
Last Audit
lited by'JT5u5LNi..ame r\u>.T-o.Lomck-
To What Date Has the U.S. Internal
Are You Borrowing From Any OtherBranch of This Bank?____Whidi?.Are Yon Applying for CreditAt Any Other Source? "Have You Ever Failedin Business?
Department Your Boo!u?_
If So, Attach a Complete Explanation »nd_State Basis of Settlement With Creditors.—
Lease Has 'Years to Run Monthly Renta
Fatures__$_
Buildings_
Is Extended CoverageEndorsement Included?Do You Carry Workmen's
Automobiles and Trucks:
_M
Collision.
Property 1
Life InsuName of
STATEMENT OF BANK OFFICER:
Insofar as our records reveal, this Financial Statement is accurate and true,e foregoing statement is (a copy of) the original signed by the maker, in thecredit files of this Bank.
n n i r*1 • > i A iUnibii'iAL
ASWISTAMT CAStHmn-MAMAcaat
The undersigned solemnly declares and certifies that the above statement(or in lieu thereof, the attached statement, as the case may be) and supportingschedules, both printed and written, give a full, true, and correct statement of thefinancial condition of the undersigned as of tbe"qtte indicated.
(TITLE, IP CORPORATION)
STATE Or CALIFORNIA
COUNTY Ol-x
On _^^-^slt-/\**^:?
State personally appeare
SS
before me. the undersigned, a Notary Public in and for said
3;g">1i
o>I)
________________________________________________ : __________ ..... _ ________________________________ ... ...... _____________ personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person __________ ^ _______ ..... . whose name
. - . - executed_________________ subscribed to the within instrument and acknowledged tr.at
the same
WITNESS my tfand^d official seal
Signature
>•
./-••^OKla.
Name (Typed cr Printed) J
PR 43 (10) lAiv. 6-82
CcmmiJstcn Exp. Aug. 19, 19B5
HA IRENE PASLEY
NOT*«Y pt'attc • CALIFORNIA
WNCI?AL OFFiCe If*
(This area for official 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 telephone numbers, which will enable the City-to judge his/her
responsibility, experience and skill. An attachment can be used if notarized or
sealed.
Date
Contract
Completed
Name and address
of the Employer
Name and Phone No.
of Person
to Contact
Amount of
Type of Work Contract
iq-?q
118o
/982
P-iVi^ o-f Sau Oleiu.uk.
&hj o-f 8*ujGleufiL7K
LA Co. Sou,! iW
T£> -<LiTiES
M^U ^ i oi paL lOoctae.
u
faoL rouj^^C
rn
2o " TK AMS Mi&iio\j
M.A)N
|O* IT.* '+.{0" UKcfeft
OM£
leuMk Seu^ee,
-v •—?^-^r~7i••• '• - y
RliilMAL
^7,500^
2^8 ooD~
/^^ooo""2
-
(Notarize or
Corporate Seal)
Page 11
CONTRACT - PUBLIC WORK
This agreement is made this ] ^ ^" day of f\$ 9^.( (_ , I °f V
19 _ , by and between the City of Carlsbad, California, a
municipal corporation (hereinafter called "City") and _
L T.I/ _
whose
principal place of business is 3 /£><& ArA-visA Y
/nsA ^ A -
_
(hereinafter called "Contractor".) '
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work
— specified in the contract documents for: -------
f"\ r
GRAND AVENUE WATERLINE REPLACEMNT JL , \*
CONTRACT NO. 1128 ^M-MriL«/\
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide
all labor, materials, tools, equipment and personnel to
perform the work specified by the contract documents.
3. Contract Documents. The contract documents consist of this
contract; the bid documents, including the notice to bidders,
instructions to bidders and contractors proposal; the plans
and -specif icat ions -and- all—proper-amendments- and jchanges~made
i -
thereto in accordance with this contract or the plans and j t
—specifications; and the bonds for the project; all of which ; (
are incorporated herein by this reference. ;
4. Payment . As full compensation for Contractors performance
of work under this contract, City shall make payment to
Contractor as follows: (strike inapplicable subparagraph) .
a. In the total amount o f ^ j^~7£> ^ to be made in a lump
sum not later than 35 daysr from the date of the filing
of the notice of completion.
b. In the total amount of _ to__be_ wade in periodic
payments as shown on theg_ay»eTitr^chedule attached
hereto and
c. On a unit price basis of __^. ---- pe7~unit to be made
as shown on the paymejat-~tfch7edule attached hereto and
made a part
(rev.12/21/82)
Page 12
Payment of undisputed contract amounts shall be contingent
„«*»> upon Contractor furnishing City with a release of all claims
**»*' against City arising by virtue of this contract as it
relates to those amounts.
Extra compensation equal to 50 percent of the net savings
may be paid to Contractor for cost reduction changes in the
plans or specifications made pursuant to a proposal by
Contractor. The net savings shall be determined by City.
No payment shall be made unless the change is approved by
the City.
5. Independent Investigation. Contractor has made an
independentinvestigation of the jobsite, the soil
conditions under the jobsite, and all other conditions that
might affect the progress of the work, and is aware of
those conditions. The contract price includes payment for
all work that may be done by Contractor in order to overcome
unanticipted underground conditions. Any information that
may have been furnished to Contractor by City about
underground conditions or other job conditions is for
Contractor's convenience only, and City does not warrant
that the conditons are as thus indicated. Contractor is
satisfied will all job conditions, including underground
conditions and has not relied on information furnished by
City.
.v^'Wa..
%^ 6. Contractor Responsible for Unforeseen Condtions. Contractor
shall be responsible for all loss or damage arising out of
the nature of the work or from the action of the elements or
from any unforeseen difficulties which may arise or be
encountered in the prosecution of the work until its
• acceptance by the City. Contractor shall also be
responsible for expenses incured in the suspension or
discontinuance of the work. However, contractor shall not
be responsible for reasonable delays in the completion of
the work caused by acts of God, stormy weather, extra work,
or matters which the specifications expressly stipulate will
be borne by City.
7. Change Orders. City may, without affecting the validity of
this contract, order changes, modifications, deletions and
extra work by issuance of written change orders. Contractor
shall make no change in the work without the issuance of a
written change order, and Contractor shall not be entitled to
compensation for any extra work performed unless the City has
issued a written change order designating in advance the
amount of additional compensation to be paid for the work.
If a change order deletes any work the contract price shall
be reduced by a fair and reasonable amount. If the parties
are unable to agree on the amount of reduction the work shall
^ nevertheless proceed and the amount shall be determined by
arbitration or litigation. The only person authorized to
(rev.12/21/82)
Page 13
order changes or extra work is the City Engineer. However,
no change or extra work order in excess of $5,000.00 shall be
effective unless approved by the City Council.
8. Prevailing Wage. 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 contract and a schedule
containing such information is in the City Clerk's office and
is incorporated by reference herein.
9. Indemnity. Contractor shall indemnify, hold harmless and
defend City and its officers and employees, and each of them,
from any and all liability or loss resulting from any suit,
claim or other action brought against City, or for any other
losses of whatever nature, directly or indirectly arising
from the acts of Contractor or its officers, employees or
agents done in the construction of this project or in the .
performance of this contract regardless of responsibility for
negligence. The expenses of defense include all costs and
expenses, including attorneys fees, of litigation,
arbitration or other dispute resolution method. Nothing in
this paragraph shall require contractor to indemnify City for
losses caused by the active negligence of City.
10. Insurance. 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 Contractor.
•11. Workers Compensation. Contractor shall comply with the
requirements of Section 3700 of the California Labor Code.
. Contractor shall also assume the defense and indemnify and
save harmless the City and its officers and employees from
all claims, loss, damage, injury and liability of every;,
kind, nature and description brought by any person employed
or used by Contractor to perform any work under this contact
Regardless of responsibility for negligence. L :.!:!. ; ill
12. Proof of Insurance. Contractor shall submit, to the City
.certification of the policies mentioned in Paragraphs 10 and
11 or proof of workers' compensation self insurance prior to
the start of any work pursuant to this contract.
13. Arbitration. Any controversy or claim in any amount up to
$100,000 arising out of or relating to this contract or the
breach thereof may, at the option of City, be settled by
arbitration in accordance with the construction industry
rules of the American Arbitration Association and judgment
upon the award rendered by the arbitrator(s) may be entered
in any California court having jurisdiction thereof. The
3f b ; ; r-:M u>- -».
(rev.12/21/82)
Page 14
award of the arbitrator(s) shall be supported by law and
substantial evidence as provided by the California Code of
Civil Procedure, Section 1296.
14. Maintenance of Records. Contractor shall maintain and make
available to the City, upon request, records in accordance
with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2
of the California Labor Code. If the Contractor does not
maintain the records at Contractor's principal place of
business as specified above, Contractor shall so inform the
City by certified letter accompanying the return of this
contract. Contractor shall notify the City by certified
mail of any change of address of such records.
15. Labor Code Provisions: The provisions of Part 7, Chapter 1
commencing with section 1720 of the California Labor Code
are incorporated herein by reference.
16. Security. Pursuant to the requirements of law (Government
Code Section 4590) appropriate securities may be substituted
for any monies withheld by City to secure performance of
this contract or any obligation established by this
contract.
17. Additional Provisions. Any additional provisions of this
agreement are set forth in the "General Provisions" or
"Special Provisons" attached hereto and made a part hereof.
. A.
Cam. r act or
(Seal)'
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Title &3L
CITY OF CARLSBAD, CALIFORNIA
Assistant/City Attorney Mayor
(rev.12/21/82)
STATE OF CALIFORNIA
COljNTMOF
On
State personally appeared
SS.
before me, the undersigned, a Notary Public in and for said
to me (or
the same.
proved to me on the basis of satisfactory evidence) to be the person S
subscribed to the within instrument and acknowledged that .
personally known
— whose name
. __ executed
Name (Typed or PrinrecQ_J
SEM.
LEONA IRENE PASLEY
MOTMV PUBUC .CAimORWA
ftOUCfM. OFFIC* «N
OMNQC COUNTY
My Cwmtetaibpt **». 1988
Itev 6 82 (This area for official seal)
H
ORIGINAL
Page 15
ATTEST:
City Clerk
Contractors Certification of Awareness of Workers Compensation
Responsibility.
"I am 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 I will comply with such provisions before
commencing the performance of the work of this contract."
Contractor
(KutsrirL
(rev.12/21/82)
Page 16
LABOR AND MATERIAL BOND Bond No: 015721
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. "7/^^Z. adopted
has awarded to >y,/^ J*J. /^/ta/i/A- Sirtrutra i/vc// hereinafter designated as
the "Principal", a contract for:
GRAND AVENUE WATERLINE REPLACEMENT
CONTRACT NO. 1128
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 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, N.A. & J. Frank Artukovich _ , as
Principal, hereinafter designated as the "Contractor", and
Covenant Mutual Insurance Company as Surety, are held firmly bound unto
the city of Carlsbad in the sum of Twelve thousand seven hundred two & no/100-
—! Cellars ($12 ,702.00 ) said sum being one hundred per
cent(100%) 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 ourseves, 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 4202 of the
Government Code of the State of California.
.>»••>.
'*«**•
Page 17:
This bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Section 1192.1 of the Code of
Civil Procedure so as to give a right of action to them or their assigns in
any suit brought upon this bond, as required by the provisions of Section
4205 of the Government Code of the State of California.
In the event any Contractor above named executed this bond as an individual,
it is agreed the de?th 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 'joj-uday of Marrh 3
MA. & .1. Frank Artnknvirh
(Notarize or Corporate
Seal for each Signer)
^xT
Covenant Mutual Insurance Company
Harbld R. SmithAttorney In-Fact
Surety
,,..,, ,,„,,,o
PASADENA. CALIFORNIA 91 1O1
ORIGINAL
State of California
County of Los Angeles
On this 28th day March , 19 ?&efore me personally came
MAPOLD R. SMITH
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know{s)
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by authority granted to him in accordance with the By-Laws of the said (Corporation, and that he signed his name
FFICIAL SEAL
'.•'..•••.*-•; FT rrrrv-r>• ••
(Notary Pufc/ic)
My Commission Ex.oi^.3 Apr. 27, 1984
* «--•**
COVENANT MUTUAt INSURANSE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
ThatCOVENANTMUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint , „ _ . . .Harold R. Smith
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and aH bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s)-m-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12. 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attornay-in-fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal
may ba affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any oond, undertaking, recognizance or other written obJigation in the nature there-
of; such signature and seal, when so used being hereby adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
COVENANT MUTUAL INSURANCE COMPANY
Attest:.
(J Assistant Secretary
STATE OF CONNECTICUT
COUNTY OF HARTFORD
ss:
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkinsto me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that tney are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
the corporation described in and which executed the above instrument; that they know the seal of said corporation;
tnat the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
• >. :r>
Notary PuOiic
My commission expires March 31, 1973
CERTIFICATION
I, Vera C. Spitko, Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the
Board of Directors of March 12, 1973 have not been abridged or revoked and are now in full force and effect.
Signed and sealea at Harrtord, Connecticut, this 28th da/of March 19 83
As sis can i Secretary
Page 18
Bond No: 015721
PERFORMANCE BOND prem> Amt:$T52.00
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. "7/d^ adopted /fttf/tc.}} JS .
has awarded to j\f, A. J~ P/tAw* ArtTiJJt^ i/v *^jj _ ,
hereinafter designated as the "Principal", a contract for:
GRAND AVENUE WATERLINE REPLACEMENT
CONTRACT NO. 1128
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, N.A. & J. Frank Artukovich _ _ , as
Principal, hereinafter designated as the "Contractor", and
Covenant Mutual Insurance Company _ _ as
Surety, are held and firmly bound unto the City of Carlsbad, in the sum
of Twelve thousand seven hundred two & no/100 ...... Dollars
($ 12,702.00 ) , 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.
W !G!,--!AL
Page 19
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 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 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 28th_day of
, 19 83 .
(Notarize or Corporate
Seal for Each Signer)
N.A. & J.FRANK ARTIIKflVTrH
Stf A
COVENANT MIITIIAI INSURANCE COMPANY
Harold R. Smith Attorney In-Fact
^Surety
>•;*-:,
COVENANT f.-.UTUAL INSURANCE COMPANY1'
c/o SOUTH :".,.-,': •.'•„' .-VY G^NCRAL AGENCY. INC.
1 *; ; .; ./.:»:: '%-,.::Mun S'JITE No.-l 1O
--:•„ C/.'.:-:rCRf-i!A 91 1O1
State of California
County of Los Angeles
On this 28th day of.March £f, before me personally came
HAROLD R. SMITH
to me known, who being by me duly sworn, did depose and say: that he is Attorney(s)-in-Fact of Covenant Mutual
Insurance Company, the Corporation described in and which executed the foregoing instrument; that he know(s)
the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed
by authority granted to him in accordance with the By-Laws of the said Corporation, and that he signed his name
thereto by like authority.
(Nofary Public)
• V
COVENANT MUTUAL INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY *^ *—• "^ —«i
KNOW ALL MEN BY THESE PRESENTS:OKIGIIMA'L
That COVEN ANT MUTUAL INSURANCE COMPANY, a corporation of the State of Connecticut, does hereby
make, constitute and appoint .Harold R. Smith
its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety,
to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recog-
nizances, consents of surety or other written obligations in the nature thereof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature
thereof in an unlimited amount.
and to bind COVENANT MUTUAL INSURANCE COMPANY thereby, and all of the acts of said Attorney (s)-m-Fact,
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following provisions of section 12 of the by-laws of
the Company, which are now in full force and effect:
From time to time the board may impose such additional duties and confer such further authority upon any
or all of the officers as it may in its discretion determine including, without limitation or characterization,
authority to execute by facsimile signature or facsimile signatures, and deliver or cause or authorize any duly
appointed agent to deliver in the name and behalf of the corporation any policy, contract, bond, undertaking,
consent of surety, recognizance, general or special power of attorney, certification, attestation, or other instru-
ment, all with or without the seal of the corporation, but if under seal to evidence such seal by physical im-
pression or by facsimile or by any other appropriate method.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the Directors of COVENANT MUTUAL INSURANCE COMPANY at a meeting duly called and held on
March 12. 1973:
RESOLVED: That any bond, undertaking, recognizance, consent of surety or written obligation in the nature
thereof shall be valid and binding upon the Company when signed by the President or any Senior Vice President
or Vice President and duly attested and sealed, if a seal is required, by any Secretary or Assistant Secretary or
when signed by the President or any Senior Vice President or Vice President and countersigned and sealed, if
a seal is required, by a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance,
consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when
duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and
within the limits of the authority granted by his or their power or powers of attorney.
FURTHER RESOLVED: That the signature of any officer authorized by the by-laws and the Company seal
may be affixed by facsimile to any power of attorney or special power of attorney or certification of either
given for the execution of any oond, undertaking, recognizance or other written obligation in the nature there-
of; such signature and seal, when so used being hereby 'adopted by the Company as the original signature of
such officer and the original seal of the Company, to be valid and binding upon the Company with the same
force and effect as though manually affixed.
IN WITNESS WHEREOF, COVENANT MUTUAL INSURANCE COMPANY has caused these presents to be signed
by its proper officer and its corporate seal to be hereunto affixed this 22nd day of March, 1973.
COVENANT MUTUAL INSURANCE COMPANY
Vice Presid«
Assistant Secretary
STATE OF CONNECTICUT
u:
COUNTY OF HARTFORD
On this 22nd day of March in the year 1973 before me personally came Francis W. Palfrey, Jr., and James E.
Witkinsto me known, who being by me duly sworn, did depose and say; that they reside in the State of Connecticut;
that they are respectively Vice President and Assistant Secretary of COVENANT MUTUAL INSURANCE COMPANY,
tne corporation described in and which executed the above instrument; that they know the seal of said corporation;
that the seal affixed to said instrument is such corporals seal; that it was so affixed by authority of their office under
the by-laws of said corporation, and that they signed their names thereto by like authority.
t '•. / ,' Notary Public
;*• ' My commission expires March 31, 1973
;*/
'' CERTIFICATION
I, Vera C. Spitko, Assistant Sacretar/ of COVENANT MUTUAL INSURANCE COMPANY certify that the
foregoing power of attorney, the above-quoted provisions of Section 12 of the by-laws and the resolutions of the
Board of Directors of March 12, 1973 have net been abridged or revoked and. are now in full force and effect.
Signed and sea'ea at Hartford, Connecticut, this 28th ^ °f March 19 83
Assistanc Secret
Page 20
GENERAL PROVISIONS
1. PLANS AND SPECIFICATIONS
The specifications for the work shall consist of the latest edition of the
Standard Specifications for Public Works Construction 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 T\^/'^> sheet (s) designated as City of
Carlsbad Drawing No. ^L3^S~^. • 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.
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.
t ,
L ->, ,v..3. DEFINITIONS AND INTENT' -
x .*> Engineer: .* _
The word "Engineer" shall mean the City Engineer or his approved
represent at ive .
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 accompanying these provisions unless
stated otherwise.
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c) Directions:
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 useds 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 equipment and transportation.
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 61 of the SSPWC at the time of the preconstruction conference.
If the completion date shown on the Notice to Proceed letter is not met
by the Contractor, he will be assessed the daily salary of the City
inspector for each working day beyond the completion date, as damages.
ORIGINAL
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 30 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 discovered during the
guarantee period shall be repaired or replaced 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 :-> *,-*•;•«•;<- y^.^i.^v.u^.-, , i •• *:»r.>
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 Ordinance No. 3109, Carlsbad
Municipal Code, Chapter 8.48.
10. CITY INSPECTORS
All work shall be under the observation of a City Construction
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.
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Utllbir-hL
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 inserted, then upon application of
either party t..e 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 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 indicated or
specified. The Contractor may offer a substitution for any material,
apparatus, equipment or process indicated or specified by patent or
&J'. 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 24
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 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.
16. QUANTITIES IN THE SCHEDULE
The quantities given in the schedule, for unit price items, 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 emergencies, to increase
pr 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 extension of
time.
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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. SURVEYING
Contractor shall employ a licensed land surveyor or registered civil
engineer to perform necessary surveying for this project.
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.
19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS
Reference to codes, ordinances and regulations are to editions in
effect as to date of proposals. Abbreviations are used for agencies
issuing standard specifications as follows:
Agency Abbreviation
'•.'•• • . •". • '; ; • ••''•..• -.;.. :'..-:. .':..• C-r:;v •. = --' . Ci.-;n,-~C;
American Society for Testing ' .<- ;.'•-•• ; t: :-a-t.»
.Materials ASTM : L; : ••.•:••.'• ; • ~ the
U.S. Government Fed. Spec.
National Board of Fire
Underwriters NBFU ,„ --;-1-. ^
American Institute of Steel ^ *
Construction AISC \ _ . ,
American Standards Association ASA f\ "' ,
Underwriters Laboratories, Inc. UL \Jl \. *•' s l
Department of Commerce
Standards CS
American Concrete Institute ACI
20. WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during
the construction of this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall include
the cost of water and meter rental within the appropriate items of
proposal. No separate payment will be made.
••';" \-
0Y'''•''''.-'M_ ?ase26
\J?- s ' ' l * * SPECIAL PROVISIONS
CONSTRUCTION OF WATERLINE IMPROVEMENTS IN
GRAND AVENUE, CONTRACT NO. 1128
SCOPE OF WORK
The work to be done consists of furnishing all labor, equipment and
materials and performing all operations necessary to complete the asphalt
resurfacing of the following streets as shown on the attached location map
and as specified in these special provisions.
INSTALLATION OF ASBESTOS CEMENT WATER PIPE
The installation of asbestos cement pressure pipe shall be in accordance
with applicable sections of the SSWC, 1982 edition, as modified by the
following.
MEASUREMENT AND PAYMENT
Quantities shall be measured on the basis of actual lengths and units
installed. Payment for excavation, trenching, furnishing and placing
backfill, bedding base material, repavement and clearing and grubbing shall
be included in the lump sum price bid for asbestos cement pipe and no
separate or additional payment will be made.
1. Coating of Flange Bolts
All flange bolts and nuts shall be lubricated and coated with No-ox-id
rust protection coating as manufactured by Dearborn Chemical Company
"or equal. Fittings and valves shall "b"e~securely wrapped in plastic
/v , , sheeting not less than 8 mils thick.
:2.c Compaction Tests lu .-!. Sp-.-c.
All backfill material and bedding material shall be compacted to 90% of
maximum dry density as determined by ASTM Test Method #D1557-58T.
3. Maximum and Minimum Width of Trench
In lieu of the provisions of Sections 306-1.13 of the SSPWC, the
following privision shall apply. Unless specifically authorized by the
Engineer, trench width, measured at the top of the pipe, shall not
exceed the outside diameter of the pipe plus 24 inches, nor shall it
measure less than the outside diameter plus 12 inches.
4. Backfill Placement Requirements
i; ;s The top five feet of all trench backfill and all bedding shall be ;
.-•., compacted to a minimum of 90 percent of maximum density<except that the
top twelve inches of subgrade material shall be compacted to a minimum
of 95 percent.
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5. Pipe Laying
When installing asbestos cement pipe, fittings shall be supported
independently of the pipe. Half-lengths (M.E.E.) of pipe shall be used
in and out of each fitting and wherever pipe passes through a rigid
structure. At least two lengths of pipe shall be placed between any
two fittings not directly connected. Pipe may be cut by means of saws,
power- driven abrasive wheels, or pipe cutters which will produce a
square cut. No wedge-type roller cutters will be permitted. All
exposed piping shall be adequately sup? ?????•?
-SjjPfici •'Z.TEA.
6. Connections to Existing Water Mains
Unless otherwise specified, all connections to existing water mains
will be made by the City.
7. Reconnecting Existing Water Services
The existing water services will be connected to new lines by the
City. The Contractor shall coordinate with the City for the
reconnection of services.
8. Field Jointing of Pipe
Except as modified herein, all joints shall be installed in strict
accordance with the manufacturer's recommendations and the Special
Provisions, and shall be provided with a protective coating at least
equal to the protective coat on the pipe bieng joined. All flange
bolts and nuts shall be lubricated and coated with No-ox-id rust
protective coating as manufactured by Dearborn Chemical Company or
approved equivalent. .,;-.;. ,-,,*- ^^ -, v -..-..:.,..-..
9. Field Jointing of Asbestos Cement Pipe
The maximum allowable deflection at any joint shall be 2 degrees.
10. Water Pressure Test
The provisions of Section 306-1.4.5. of the SSPWC shall not apply.
The following water pressure test shall be preformed by the contractor
under the supervision of the Engineer.
After the pipe has been laid, the pipeline shall be subjected to a
hydrostatic pressure test of 225 psi or fifty pounds per square inch
(50 psi) in excess of the designated working pressure for the class of
pipe being tested, whichever is greater, guaged at the low point of the
line. The test pressure at the highest point of the section being
tested shall not be less than 200 psi. Rubber gasket joints need not
=. be exposed.
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L \ '. i i "./'H
The duration of the pressure test shall be four (4) hours and the test
shall be conducted in the presence of the Engineer in the following
manner.
0'
All air shall be expelled from the pipe. To accomplish this, if air
valves or hydrants or other outlets are not available, taps shall be
made at the high points in the pipeline to expel the air, and these
taps shall be tightly plugged afterwards. The pressure in the
pipeline shall then be pumped up to the specified test pressure. When
the test pressure has been reached, the pumping shall be discontinued
until the pressure in the line has dropped 25 psi, at which time the
pressure shall again be pumped up to the specified test pressure.
This procedure shall be repeated until four (4) hours have elapsed
from the time the specified test pressure was first applied. At the
end of the four (4) hour period, the pressure shall be pumped up to
the test pressure for the last time.
The leakage shall be considered as the total amount of water pumped
into the pipeline during the four (4) hour period, including the
amount required in reaching the test pressure for the final time. The
water used shall be measured through a meter or by other means
satisfactory to the Engineer. Leakage shall not exceed the rate of
twenty (20) gallons per inch of diameter per mile of pipe.
Any noticeable leak shall be stopped and all defective pipe, fittings,
valves and other accessories discovered by the contractor with sound
material, and the test shall be repeated until the total leakage
during a test of four (4) hours duration does not exceed the rate
specified above.
All thrust blocks and mortared joints shall be allowed to cure for at
least three (3) days prior to testing.
Large mains equipped with butterfly valves shall be tested at full
test pressure with the valves open and closed.
9. i--:. : " :•••.- . . : . ' .' !"
All labor, materials, tools and equipment for the testing shall be
furnished at the expense of the contractor; ; ^Uall he '/. ue^recs.
11. Waterline Sterilization
The contractor shall disinfect the lines by chlorination after the
lines have been tested for leakage and flushed before they have been
connected to the existing system.
Chlorinated water shall be retained in the pipeline for at least 24
hours. After the chlorine treated water has been retained for the
required time, the chlorine residual at the pipe extremities and at
other representative points shall be at least 25 ppm. This procedure
shall be repeated, if necessary, until samples of water show the mains
to be in a sterile condition. During the chlorination, all valves and
"'"""* other appurtenances shall be operated while the pipeline is filled
***9*' with heavily chlorinated water.
to*,,.
Page 29
All disinfecting procedures, unless otherwise specified, shall be in
accordance with the AWWA, C-601, "Standard Procedure for Disinfecting
Water Main."
Following chlorination, all treated water shall be thoroughly flushed
from the pipeline at its extremities.
All labor, material and equipment necessary to sterilize the waterline
shall be included in the price bid for the waterline construction.
12. Trenching, Backfill and Resurfacing
Trenching, backfill and resurfacing shall be performed in accordance
with Section 306-1 of the Standard Specifications.
Asphalt concrete paving shall conform to Section 203-6 of the SSPWC
and shall be of Type I-C-AR4000. Aggregate base materials shall
conform to the requirement of Section 301-2.1 through 301-2.4 of the
SSPWC.
Excess excavated material shall be disposed of off-site. If disposal
site is within the City, the site must be approved by the City
Engineer.
13. Traffic Control
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
Wrok Area Traffic Control Handbook (WATCH) prepared by the Southern
Page3°»
i j 1 I
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 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 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:
la) For placing barricades - $5.00 per barricade for the first day or
17 any part thereof and $2.00 per barricade per day for each day-'
''•'•'•'• thereafter or any part thereof. ' >••.-••-- .a
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.
Judgement as to adequate or sufficient barricading shall be that which
is adequate or sufficient in the opinion of the Engineer.
Page 31
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 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.
Payment for traffic control, and all necessary equipment and labor,
shall be included in the lump sum price bid for asbestos cement pipe,
and no additional or separate payment will be made.
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