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HomeMy WebLinkAboutOliver Matthews Construction Company; 1980-12-02; 1084f ,."*! •.<*. CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA X CONTRACT DOCUMENTS' & SPECIFICATIONS FOR PARKING LOT. EXPANSION ON CARLSBAD BLVD. AT • AGUA KED10NDA LAGOON CONTRACT NO, 1084 OCTOBER; 1980 TABLE OF CONTENTS ' PAGE ITEM 1 NOTICE INVITING.BIDS 3 PROPOSAL ' 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 11 CONTRACT 14 LABOR AND MATERIAL BOND 16 PERFORMANCE BOND 18 GENERAL PROVISIONS 22 SPECIAL PROVISIONS Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS . Sealed bids will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 p.m. on the 6th day of November , 19 80 , at which time they will be opened and read for pertorming the work as follows: • • PARKING LOT EXPANSION ON CARLSBAD BLVD. AT AGUA HEDIONDA LAGOON - CONTRACT NO. 1084 •Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Refer- ence is hereby made to said specifications 'for full particulars and description of said work. i No bid will be received unless it. is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (101) of the amount of bid; said guaranty to be for- feited should the bidder to whom;the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the 'bid re(- quirements. . . . • The documents included within the sealed bids which require completion and execution are the following: 1. Proposal 2. Bidder's Bond ' • 3. Designation of Subcontractors 4. Bidder's Statement.of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience <• Said documents shall be affixed with the appropriate nota- rized signatures and titles of the persons sigjiing on behalf of the bidder. For corporations, the signatures of the presi- dent or vice-president and secretary or assistant secretary are required and the corporate seal shall be affixed to all docu- ments requiring signatures. In the case of a partnership, the notarized signature of at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a. basis for the comparison of bids. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the pro- posal. The' estimated cost of the work is $33,000. Page 2 Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors for the first set. Additional sets are available for a non-refundable fee of $6.25 per set. The City of Carlsbad reserves the right to reject any or •all bids and to waive any minor irregularity or informality in such bids . . The general prevailing rate of wages for each craft or type of workperson needed to execute the contract shall be those as determined by the Director of Industrial Relations '• ' pursuant to the State of California Labor Code, Part 7,-Chap- ter 1, Article 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1773.2 of said Labor Code, a current copy of applicable wage rates are on file in the Office of the City Clerk of the City of Carlsbad. it shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workpersons employed by him/ her in the execution of the contract. • Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations with apprenticeships as required on public works projects above thirty thousand dollars ($30,000) or twenty (20) working days or for specialty contractors not bidding for wo-rk through a general or prime contractor involving more than two thousand dollars ($2,000) or more than five (5) working days. The amount of the bond to be given for the faithful perform- ance of the contract for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of the claims for any material or supplies furnished for the performance of the work contracted to be done by the contractor for any work or labor of any kind done thereon. ' . ' Partial and final payments on this contract shall be in ac- cordance with Section 9 of the 1979 edition of "Standard Specifi- cations for Public Works Construction." ' : Approved by the City Council of the City of Carlsbad, Cali- fornia, by Resolution No. (e/MQ __• adopted on the -jt^ day of TTINOAN^ C I T-Y 0 F, C A R L S B A D CONTRACT NO. 1084 PROPOSAL A ^r ~ EJ ORIGINAL 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. 1084 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: [tern Article -with Unit No . Lumt> Sum ' Wr i 1 1 en I ROADWAY EXCAVATION AT Seven £ No PER CUBIC YAW 2 AGGREGATE BASE AT Six g, Seventy-Five PER TON 3 ASPHALT CONCRETE AT Thirty-Five & No PER TON !» " . ASPHALT CONCRETE BERN One £ . Twenty-Five Price or in .Words DOLLARS CENTS DOLLARS CENTS DOLLARS CENTS . AT DOLLARS CENTS •• " 'Approximate Unit Quantity Ft Unit Price 520 CJY. • ' 7.00 J&3S TONS 6.75 367 TONS . . 35.00 • 1,1^2 L.F. ' " i-25 TOTAL .:.. 3,640.00 4,293.00 • 12,845.00 1,427.50 PER LINEAL FOOT Addendum(a) No(s). i is/arc included in tTTis proposal. has/have been received and /tern Article with Unit Price or Approximate Unit No ' .UiTnp__5um_Writtpn in Words Quantity 5 Unit Price TOTAL BIKE RACKS AT 'Fifty DOLLARS 10 EACH 50.00 500.00' , fc No CENTS PER" EACH TOTAL' (IN FIGURES) 22,703.50 . '. TOTAL (WRITTEN'IN WORDS Twenty-Two Thousand.Seven Hundred and Five Dollars • and Fifty Cents. Page 4 All bids are to be computed on the basis of the given es- timated quantities of work, as indicated in this proposal, times the unit price as submitted by ths bidder. la case of a dis- crepancy between words' and figures, the words shall prevail. In case of an error in the extension 'of a unit price, the cor- rected extension shall be calculated and the bids will be com- puted as indicated above and compared on the basis of the cor- rected totals. 'The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for compari- son of bids : The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. ' . The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance poli- . ciesv 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 rccordance with the Statutes of the State of California providing for the registration of contractors, Li- cense No.. 3JLl3-2dL_> .Identification X-JjX __ .' 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 hei'eunder; that no representation,- oral or in writing, of the City Council,, its of- ficers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and (2) that this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. •Accompanying this proposal is (cash, certified check, bond or cashier's check) in an amount not less than ten percent (10%) of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. (714) 263-7521 Phone Muiaber November '4', 1980- Date 223 North 49'th Street -..-•-, •. ;.' .-.•,-•• •'...- .»; /..•••: •: •-.••>•.• • San Diego, California ..••.'. .' : •" *~~ '' Bidder '"s AddFess Page 5 .Oliver Matthews Construction Company '"' ^ Bidder ' s Name _.Authorized Signature Authorised Signature ^rnriividual •' _ ^,'_ JJ ; .__ Type of Organization •(Individual, Corporation, Co- Partnership) • - .'List below.names of"President, Secretary, Treasurer and Manager if a corporation, and names of all.co-partners if a co-partnership: ATTACH NOTARIAL ACKNOWLEDGEMENT OF .EXECUTION BY PRINCIPALS • ' • • • ORIGINAL': • I STATE OF CALIFORNIA >• COUNTY OF_San Diego On I'-jV 0 8(1 J- 5 . , before me, the undersigned, a Notary Public in and for 2 said State, personally appeared Oliver MattheWS ISz? known to me to be the person whose name-«D ^~ subscribed to the within instrument and acknowledged to me he| that o WITNESS my hand and official seal o Signature _executcd the same.OFFiCiAL SEAL Name (Typed or Printed) IrortwA 3 Jj ^^'£^ Principal Olficc in San Dicfio County < •:. v_iv My Commission Cxp. June 24. 1933 ? ? xfe'-JX UWCSAL SEAL r</!Q^H ' S, C. SCOTT ^ WvlV.'' vj "CTASY fust ic - CAtiror; £« \V,^\i'- .I'V Pfinciiial 0!fi.-c in <:.nn ni<.^n :\ (This area for official notarial teal) ORIGINAL ^ ORIGNAL BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: ' Corporate Seal (if ' • title* . notarial acknowledgement of exe cution by all PRINCIPALS and ETY ™st b<= att-hcd Attach Power of Attorney Th_at we, CX//j-g£ /nfnfH'QJUS UJ^r^^nOnLo^ as Principal., J 'and (/3/)-^5O#_ ^pSjJ£/t-^^^ __•> as Surety, are held | and firmly bound unto the City of Carlsbad, California, in the sum | • o£ /Iw/hO^S/^hvD ' On€ honOr^f) OoUWS ?-£>//M Dollars 1 ($ 2, tOO.00 .) , lawful money of the United States for the pay- \ ment of whi'ch sum well and truly to be made, we bind ourselves, -\ jointly and severally, firmly by these- presents. . • "! /0?o Of /\kfd'Ox}~T &/P n-cTf ~& <zX*C€C& '• THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: * That if the proposal of the above-bounden principal for: PARKING LOT'EXPANSION' ON CARLSBAD BLVD. AT 'AGUA HEDIONDA LAGOON - CONTRACT NO. 1084 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 twent^ (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 nu|l and void; otherwise, it shall be and remain in full forc^ and effect, and the amount specified herein shall be forfeited to the said City. .In. the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Prin- cipal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we-hereunto set our hands and seals this , day of TO 1*7 CA (4-73) (Individual) STATE OF CALIFORNIA COUNTY OF San Diego i ss. JSH TITLE INSURANCEAND TRUST A neon COMPANY I UlX III On November 7 , 1980 before nle the undersigned, a Notary Public in and for said State, personally appeared Oliver . MattheWS _, known to me 5j to be the person whose name -Vs » to the within instrument and acknowledged that_ I executed the same. WITNESS my hand jnd official seal. /? . subscribed wyWWtf f/$&§ .WtfVJVVW i> ^-wrvrN. OFFICIAL SEAL ,£S/fc^i s-c- SCOTT s ^fe^S'^j NOTARY PUBLIC • CALIFORf.'IA Jg Principal Office in San Diego County •£ My Commission £xp. June 24,1383 q° Name (Typed or Printed) (Thli irei (or ctnclil notarial icai) STATE OF California County of San Diego £/tt^...On'this. Cathy M Batsell _rfay o/ ^ a Notary Public in and for the said County of San Diego State of Cal i form'a t residing therein, duly commissioned and sworn, personally appeared Barbara Hunt Jtnown to me to be the Attorney-in-Fact of the f Balboa Insurance Conpany, the corporation that executed the within instrument, and acknowledged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as A ttorney-in-Fact. mm, imiluimf.imimimur;inmmiilili^W;:^'|^L"seAL y ^ // ' CATHY M. BATS ELL I Utt/U^ fr) /$lt&./'£-J SAN DltGO COUNTY | I M^ Commission Expir»=-Fob. 24J198I J 1L002ZR776 !„„:„„„„.„,„„». <"» '"»""" '"" """""" Notary Publiin and for the County of<- . _SanDiec[o , 5fatgo/__CaIlform>9 L. BALBOA INSURANCE COMPANY '0 NEWPORT CENTER DRIVE. NEWPORT BEACH. CALIFORNIA 92660 ORIGINAL GPA.010 GENERAL POWER OF ATTORNEY POWER Of ATTORNEY VALID ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint _______— ______ BARBARA HUNT San Diego .and State of.California .its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. CONTRACT BONDS CS.B.A. Guarantee Agreement) - $200.000.00; LICENSE S PERMIT BONDS - $50.000.00; MISCELLANEOUS - $50,000.00; CONTRACT BONDS - $50.000.00; COURT BONDS - $50.000.00; FIDUCIARY BONDS - $50.000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31. 1981" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be ft Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its- Vice President and its corporate seal to be hereto affixed this. October __i n._m 80 Senior 17th day of State of California County of Orange On William Palgutt that he resides in.Senior Vice President before me personally came to me known, who, being by me duly sworn, did depose and say, Mission Viejo, California , that he is of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. OFFICIAL SEAL , KIMBERLY A. FORREST NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MyUommission Expires Aug. 22. 1983 .f^'.^rt.-*)'*f Notary Public I, the undersigned Secretary of Balboa Insurance Company, hereby certify .;4t the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, an;! ;l" Hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corpoiation." J I f~fGIVEN under by hand and the seal of said dSmpany, at Newport Beach, California, this '..'/' '-"— ^ Qc I lO(j&>vJU-'<^' 19 DC/ . THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND MO 6£>S ~' U c/uQ&O "'- ^ B2»E*72 Secretary Page 7 •DESIGNATION OF SUBCONTRACTORS The undersigned crertifie.s he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Public Works Administrator, and in 'accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior • approval of the Public Works- Administrator of the City of Carlsbad. The following information is required for each subcontractor. Ad- ditional page can be attached if required. ; Pull - - Item(s) Company Complete Address Area Code q of Work Name with 7in forlc? Phone Ho. Page 8 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to 'provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission.. Additional page can-be attached if required. Full Type of State' Carlsbad Amount Company •. " . Contracting Business of License & No.• License Wo.* ^Licenses are renewable annually- by January 1st. If no .valid li- cense indicate "none." Valid license must be obtained prior to submission o£ signed contracts. ' Bidder's Comp.any Name (NOTARIZE OR CORPORATE' ' • • . ? " ' . SEAL) ' ..',. . .' , , ; >;.. . ... Bidder's Complete Address 'v/^c-^'-vzr TJutSor i" z ed" £ f gnat ure Page 9 financial capability to complete all__v!ork._ to._fj.ir.nisb-a.ll-Lonla- equiprnent, labor and materials necessary therefore (except such materials if any, as in the said specifications are stipulated to hR the city) on Contract #1084 for curb, gutter, and sidewalk program. •Ay^-Signature (NOTARIZE OR CORPORATE SEAL) BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY.-_ ' ~~~~" ' - \ ti The undersigned submits herewith a notarized or sealed | statement of his/her financial responsibility. . 1 _The undersigned. Oliver Matthews, her^^ith^ states.Jie_Ms_lhp ' I STATE OF CALIFORNIA San DiegoCOUNTY OF On _, before me, the undersigned, a Notary Public in and for jo said State, personally appeared Oliver1 c- known to rne to be the person—___ whose name.IS T subscribed to the within instrument and acknowledged to me that £L§. Lexecuted the same. $ /fZ^? WITNESS my hand and official seal. Signature — Name (Typed or Printed) OFFICIAL SEAL S, C. SCOTT (This area for official notarial seal) STATE OF CALIFORNIA COUNTY OF San E On-Jj£t»_S_Jgn_l_5 , before me. Iho undersigned, a Notary Public in and for v said State, personally appeared- Oliver Matthews known to me to be the person whose name—S- OFFICIAL SCAL S. C. SCOTT "? subscribed to the within instrument and acknowledged to me ._, & , ^ 5» "^-rf^_c )(lj)t fig executed the same, g /Ji'ti.T-V 5 WITNfSS my hand and official seal. C'^V^i; jV$) N.OTAR/ PUBLIC • CALIFORNIA p >^ /? _• 5 V%;/X'^ Pfincipal Office in Ssn Dioco County E • d^/SlSt-U \ Vci.i.->x My Commission Ecp. June 24,1983 fe Signature ^4X-i--xV?i:£—L ' Page 10 BIDDER'.S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references, with tele- phone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. . . Cal-Trans City Of EscondidQ Department Of Transportation Escondido, CA 2B29 Juan Street Alley Improvements tSan Diego, CA 92110 •_ Chuck Gaunt 294-52D9 of 237-6825 ' Dikes, Curbs, Gutters ' " _ Will Madden San Diego. _GA 479-6637 '. Sidewalk Signature (NOTARIZE OR CORPORATE SEAL) STATE OF CALIFORNIA >- COUNTY OF £ On_o<J NOV 5'80 15 __S_ana Diego j _t> said State, personally appeared- —, before me, the undersigned, a Notary Public in and for Oliver Matthews *1 C3" ^. known to me to be the person whose name-« ^2 subscribed to the within instrument and acknowledged to me J hp^. that LIT executed the s,ime. o WITNESS my hand and official seal o Signature . S. C. SCOTT > ^?:.%.v",') NOTARY FUF.L1C • CALIFORNIA Ja ^'f-'vLfV Fti.icipa! uilice in Sc.n Oiano County ^ ^'-••' ' My Commission Exp. jur.j 24.1983 'f. Name (Typed or Printed)(This area for official notarial seal) IW I ORIGINAL . ' • ' Page' 11 ORIGINAL,,TRACT THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Carlsbad, California, hereinafter designed as "City", party of the first part, and Oliver K^tthaws Construction Co, hereinafter designated as "Contractor", party of the second part. WITNESSETH: The parties hereto do mutually agree as fol- lows : 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Con- tractor agrees with the City to furnish all materials and labor for: PARKING LOT EXPANSION ON CARLSBAD BLVD. AT AGUA HEDI'ONDA LABOON - CONTRACT NO. 1084 and to perform and complete in a good and workpersonlike manner all the work pertaining thereto shown on the plans and specifica- tions therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (ex- cept such materials, if any, as in the said specifications are stipulated to be furnished by City), and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of t-he nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be en- countered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borned, by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total .price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Con- tractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for 'the price aforesaid and in accordance with the conditions set forth in the Page 12 specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full .performance of the covenants herein contained. 4.. The notice to bidders, instructions to bidders, con- tractor's proposal, and the plans and specifications, and all amendments thereof, when approved by the parities hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made a part, of this agreement. 5. Pursuant to the Labor Code of the State of California, . . the City Council has ascertained the general prevailing rates o'f • per diem wages -for each craft or type of worker needed to exe- cute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by ref- erence herein. 6. The Contractor shall assume the defense of and indemni- fy- and.hold harmless the City, and its officers and employees,. from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for -negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. 7. Contractor shall cause the City to be. named as an addi- tional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. - • 8. The Contractor shall cause the City to be named as an additional insured on any \vorkers1 compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, then Con- tractor shall either (1) acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract or (2) shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature •and description which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned i-n Paragraphs 7 and 8 or proof of workers' compensa- tion self-insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof Page 13 shall be settled by arbitration in accordance with the con- struction industry rules of the American Arbitration Associa- tion and judgment upon the award rendered by the arbitrator(s) 'may be entered 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 con- tract to be executed the day and year first above written. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) OHv«r H>tth«*» Construction Co. Contractor >>'' By (seal) Title By Title CITY OF CARLSBAD, CALIFORNIA Mayor ATTEST: . ORIGINAL STATE OF CALIFORNIA COUNTY OF San Diego on December 2 , 1980 before me_ the undersigned/ a Notary PubiiC in and for ^ said State, personally appeared Oliver MattheWS i~ -1 C?^. known to me to be the person whose name |subscribed to the within instrument and acknowledged to me ~f TJ T[\Q £ that executed the same. I WITNESS my hand and official seal Signature IWWJWWAVUWV OFFICIAL SEAL ? .. C. SCOTT | NOTARY PUBLIC - C-IUfGRNIA Principal Office in Ear; Oi^s County ] My Commission Cxp. J:;,.;24. 1383 ' Name (Typed or Printed)(This area for official notarial seal) ^- ' Page i& ' , ""OJ i EXECUTED IN __Z : _ CUU.N ' SuU'^aS OnlGINAL LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6366 adppted November 18, 1980 has awarded to Oliver Matthews Construction Co. , hereinafter designated as the "Principal", a contract for: PARKING LOT EXPANSION ON CARLSBAD BLVD. AT AGUA HEDIONDA LAGOON - CONTRACT NO. 1084 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any ma- terials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: ' NOW, THEREFORE, WE Oliver Matthews Construction Co. • as Principal, hereinafter designated as Contractor, and Balboa Insurance Company ' as Surety, are held firmly bound unto the City of Carlsbad in the.sum of gieven Thousand Three Hundred Fifty Two and 75/100—— ;—Dollars ($11,352.75 ) said sum being fifty percent (501) of the estimated amount payable .by the City of Carlsbad under the terms of the contract, for ivhich payment well and truly to be made .we bind ourselves, our heirs, executors and administrators, successors, or assigns; jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the 'person or his/her subcontractors fail to pay. for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work" or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court,, as required by the provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page ESDX3J.TED IN. L , COUNTERPARTS 1192.1 of the Code of Civil Procedure so as to give a. right of action 'to them or their assigns in any suit brought upon this .bond, as required by the provisions of Section 4205 of the Gov- ernment Code of the State of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or ad- ditions to the terms of the contract or to the work to be per- formed thereunder or the specification's accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work,or to the specifications. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been dyJ-Y executed Contractor and Surety above named, -on the ry0 day of" 19 ao. (Notarial acknowledgement of execution by ALL PRINCIPALS must be fl / ' (seal) attached.) . - Contractor WK3f V,]fR&T*f3&P HaORIGINAL rnSurety- Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. STATE OF CALIFORNIA COUNTY OF San Diego December 2, 1980 . , , ... ., . „ ... . .,_ , before me, the undersigned, a Notary Public in and tor Oliver Matthews On _j> said State, personally appeared- E o known to me to be the person whose name | T subscribed to the within instrument and acknowledged to i that executed the san WITNESS my hand and officia^ seal. Signature <^Ltff~$ •wwww OFFICIAL Si S. C, SCOT NOW;-.' r:^UC • CALIFORNIA Principal trie, '•-; bv.n Cisgo County ; My Caii'.m:. *\M F.?;p. June 24,1983 Name (Typed or Printed) STA TE OF r.a1ifnrma County of San Diego _0n this ) ss: ) Cathy M Batsell .day of (This area for official notarial seal) 'before me a Notary Public in and for the said Vountyof San Diego . State of Cal 1 form a t residing therein, duly commissioned and sworn, personally appeared Barbara Hunt known to me to be the Attorney-in-Fact of the Ba$x>a Insurance Company, the corporation that executed the within instrument, and acknowledged to m$ that he subscribed Jihe name of the Balboa Insurance Company^thereto and his own name as Attorney-in-Fact. "" ' '"' "" ,\ ^CATHY M. BATSELL \ NOr^RY PUBLIC CALIFORNIA | •*• PRINCIPAL OFFICE IN . I "X4^^X ' SAN DIEGO COUNTY | 1L002ZR776,4 , §, My Corfl^^ion ExjUiS Feb. 24, 1981 iTiimummimuiillillUf Notary Pjablic in and forthe County of SanDiego t state of California OR'r• 311 • T - couvn.,pm-s Page 16 ' " -- M..JF M ExECUTED IN* PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:$3^1 WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6366 adopted November 18. I960 _ > has awarded to Oliver Matthews Construction Co. _ , _ , hereinafter designated as the "Principal", a contract for: •PARKING LOT EXPANSION ON CARLSBAD BLVD. AT AGUA HEDIONDA LAGOON - CONTRACT NO. 1084 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Oliver Matthews Construction Co. _ , as Principal, hereinafter designated as the "Contractor", and Balboa Insurance Company _ : _ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Twenty Two Thousand Seven Hundred Five and 50/100-—- ------------- Dollars ($ 22,705.50 _ ), said sum being equal to 100 percent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we -bind ourselves, our heirs, executors and administrators, successors or assigns, jointly .and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above- bounden Contractor, his/her or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions. and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein speci- fied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carls- bad, its officers and agents, as therein stipulated,, then this obligation shall become null and 'void; otherwise it shall regain in .full force and virtue. And'said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration- or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall not affect its obligations on this bond, and it does hereby waive , H-L Page 17 EXECUTED IN notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. In the event that any Contractor above named executed this .bond as an individual, it is agre.ed that the death of any such Contractor shall not exonerate the Surety 'from its obligations under this bond. by IN WITNESS WHEREOF, this instrument has been^duly executed e Contractor and Surety above named on the /rt3 ' day of•jza— (Notarial of execution by ALL PRINCIPALS must be attached.) Contractor fseall i^(se } Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. BALBOA INSURANCE COMPANY NEWPORT CENTER DRIVE. NEWPORT BEACH. CALIFORNIA 92660 GENERAL POWER OF ATTORNEY 072 POWftl OP /0TORNEY VALID ONLY IF NUMBERED IN RED Know AU Men by These Presents. That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint —— BARBARA HUNT Of San Diego .and State of.California .its true and lawful Attorney(s)-if-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. CONTRACT BONDS CS.B.A. Guarantee Agreement) - $200.000.00; LICENSE 6 P BONDS - $50.000.00; MISCELLANEOUS - $50.000.00; CONTRACT BONDS - $50.0DO.OQJ COURT BONDS - $50.000.00; FIDUCIARY BONDS - $50.000.00 , "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31. 1981" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the s Attorney(s>in-Fact may do in the premises. Said appointment is made under and by authority of the following icsolution adoy by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. •p» "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary sha'l be and is/h<. .1 :.; vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent anu act fur and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in tie name of a.'id <•:• behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and al! notices and documents canceling or termina ing the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fac; shall be binding upo" the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice President and its corporate KlA to be hereto affixed this. October _i-n_i-i 80 17th day of State of California County of Orange On William Palgutt that he resides in.Senior Vice President before me personally came to me known, who, being by me duly sworn, did depose and say, Mission Viejo. California that he is of BALBOA INSURANCE COMPANY, the company described in and whic" executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like Older. OFFICIAL SEAL KIMBERLY A. FORREST NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN CHANGE COUNTY My Commission Expires Aug 22, 1983 JL i 'st* JU^-.iL Notary Public !, the undersigned Secretary of Balboa Insurance Company, hereby certify .:di the above and foregoing is a full, tr^c anil correct copy of the Original Power of Attorney issued by said Company, an;1. ;i« 'icreby further certify that the sa-d Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balbia hsurance Compiny at ; meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN / /-^and die seal of said Cwrpany, at Newport Beach, California, this.fr\sft-U_j , IP A/7 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO/..05 ~C2CuOLx4> QCuJKb \\ (/ Secretary . day of STATE OF California County of San Diegn On this t Jss: Cathy M Batsell day of before me Bounty of- San Diego , a Notary Public in and for the said . State of Ca 11 form a r residing therein, duly commissioned •• %-**•and sworn, personally appeared Barbara Hunt known to me to be the Attorney-in-Fact of the .Balboa Insurance Company, the corporation that executed the within instrument, and acknowledged to me '-$&tat he subscribed the name of the Balboa Insurance Company thereto and his own name as A ttorney-in-Fact. HminiliimmmiitmimmiiliimimiMiimimjmnMimmmimiMHiiim r , ,,,.• . / / ' -" ' ^ *"* OFFICIAL SEAL I CATHY M. BATSELL I NOTARY PUBLIC CALIFORNIA | PRINCIPAL jJlfflBE IN I SAN DW60 COUNTY i ^/.Commission Expires Feb. 24, 1981 | ^mirHliy^UliimilUUijimimMnmiimtlllllWimWIMjUJIIIIHIIIIIIIINIWIimillllT Notary Publ&in and for the County of SanDlego statenf ^California STATE OF CALIFORNIA >• COUNTY OF_San Diego On_December 2, 1980 _, before me, the undersigned, a Notary Public in and for _j> said State, personally appeared-Oliver Matthews ~ known to me to be the perso . whose name_IS ~ subscribed to the within instrument and acknowledged to me JE that -T1S executed the same. 5 WITNESS my hand and officiaj^seal. P3 Eo Signatureu_ 3 OFFiCi.1t. SEAL S. C. SCOTT -V^lpf") NOTAF;' ,-:.,-:.;: . CALiFORNIA *"V Prl-tf;:;;, ••..... ;n '.-;n Dlsgo County •„ -— Mj'C-j:i,/.. :-::.«:.:;. June 24, 1983 •' ' -^..eu«.EL».<!La 5.IH f* «;^ •;. -' •?. • .r. ,Ht « Name (Typed or Printed)(This area for official notarial seal) ORIGINAL Page 18 CITY..OF CARLSIWJ' CONTRACT Ho. 1084 U ;i\j/4l General ProvisionsII i /i I • • 1. Definitions .. Reference to Drawings: Where the words "shown", "indicated", 1'detsiled", '"noted", "scheduled", or words of similar import are: used, it shall be understood that reference is made to the drcvnng accompanying these provisions unless stated otherwise. ' . &• PJLT.§£tJ 2HL: V'here the words "directed", "designated", "selc-.cted",. or. words of similar import are useds it shall be understood that the direction, designation, selection, or similar import of the architect 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 approved by the City Engineer" unless stated otherwise. . . , C' 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 foil owed. by the expression "in the -opinion of the architect" unless otherwise stated. Where' the words "approve;:!", "approval",- "acceptable", "acceptance", or 'words of similar import are used, it shall be understood that the approval, acceptance., or 'similar import of the architect is intended. ' . . 'D, Perform and Provide: The word "perform" shall be understood^ mean that the contractor, at her/his expense, sha.ll perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to complete such performance. The word "provide" shall be understood to • mean that the contractor, at her/his expense, shall furnish and install the work, complete in place and ready for use, including furnishing of necessary labor, -materials, tools, equipment and transportation. E- l-ftn.guage and Intent: The specification section is written '-in a modified . •brief style consistent with clarity. In general, the words '"the", "shall", "will", and "all" are not used. Where such words .as "perform11, • "install", "erect", "test", or words of similar import, arc ur.ecl, it shall bj understood that such words include the meaning of the phraso, "the contractor shall". The requirements indicated and specif ir-c! apply to work of the same kind, class and type, even though 'the word - "all" is not stated. ' .-"...- Standard r.pcci ficntionr, incorporated in the requirement.-.; of the speci fications by reference shail bo thov.; of tho latest edition at the of rt'coiv'inrj !>idr,. It shall be understood that tho i . Page 19 Codes and.Standards (continued) 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. . . 3' Manufacturer's Instructions . . • ' • Where installation of work is required in accorda-nce with the product, manufacturer's directions, the contractor shall obtain and -distribute the necessary copies of such instructions, including tv/o copies to . the City Engineer. . . . . 4. Internal Combustion Engi nes : * * •All internal combustion engines used in the construction shall he' equipped with mufflers in good repair when in use on the project, (with special attention to City Noise Control Ordinance !!o. 31G9> . Carlsbad Municipal Code, Chapter 8.48).. . - 5. City J n spectors • . •- All work shall ts under the observation of a City Contraction In- spector. 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 inform^ regarding progress and manner of v/ork and'character of materials. Inspection of work shall not relieve contractor from any obligation to fulfill this contract. '.,.-• 6. 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 the contract shall forthwith be'physically, amended to make such insertion or correction. ,. ••- . ?• Intent of^ConJLractnocunic^rrts - The contractor, her/his subcontractors and materials suppliers shrill provide and install tho work as indicated, specified and implied by 'the contract documents. Any items of work not indicated or spoci- • • fied, but which are essential to the completion of the'v/ork, shall be provided at the contractor's expense to fulfill tho intent of said documents. In all instances throughout the life of the contract page 20 .Intent of Contract Documents (continued) * ". 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 v/ill not relieve her/him of the responsibility of compliance. 8- 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 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, apparatus, - equipment or process indicated or specified. Such substitution pro- posals shall be .made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation, 9. 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 arid 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 bo obtained from the Owner at cost. This set of drav;- . • ings shall be kept on the job and shall be used only as a record set and shall be delivered to the Owner on completion of the work. 10. Permits The general construction, elc-ctrical 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 licf.-ncos and fees. r"; '"TTO »' ' .'...' ' ' r. ' *.-' U . ' Page 21. Quantities in the Schedule I sUMi * IM A I------------------------------- - uniullMAL11. The CMianti Lies given in. the schedule, for- unit price items, are for com- paring bids, ci'ivi :•.' >.y vary from 'the actual final quantities. Sonic: quanti- ties mn' bo increased and others may be decreased or entirely oliir.inat.eci; no claim shall be <;u<.!e 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 unpre- - dieted conditions, unforeseen events, or emergencies, "to increase or de- crease the quantities of work to be performed und^r a scheduled unit price item or to entirely emit the performance thereof » and upon the decision of the City to so. do, the City Engineer v.'ill direct the con- tractor 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. ". 12. Safety and Protection > of .'Workers and Public The contractor shall take all necessary precautions for the safety of 'employees on the work and shall comply with ell applicable provisions ,of Federal, State and municipal' safety laws and building codes to pre- ' vent accidents or injury. to persons on, about or adjacent to the prem- ises where the work is' being performed. He/she shall erect and proper- ly maintain at all times, as required by the conditions and progress of the work, all . necessary safeguards for the protection of the v;orkers and public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes &nd falling materials. " .. '. 13. Mater for Construction . . • The contractor shall obtain a construction meter for water utilized dur- ing the construction under this contract. The contractor shall contact the appropriate water agency for requirements. Contractor shall include cost of water and meter rental' within appropriate items of proposal. l!o separate payment will be made. . • 14. Survey inn . • • ' . • Construction surveying for this project will be provided by City forces. The contractor is rquired to inform the Engineer 48 hours in advance of con- struction to provide advance notice for the surveying services.. The City will supply one set of construction stakes for the project. Replace- ment for stakes lost or damaged by the construction operation will be the responsibility of the contractor at no cost to the City. Clean-up Clean-up and dust control shall conform to the requirements of Section 7-8.1 of the SSPi.'C and to these Special Provisions. Compensation for site clean-up and dust control shall be considered included in the unit prices bid for the various items of work and no .additional pay- ment will be made therefor. • 2? CITY OF CARLSBAD CONTRACT NO. 1084 SPECIAL PROVISIONS WORK TO BE-DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all work on the opera- tions necessary to complete the work as shown on the con- struction plans and as specified in these specifications. PLANS AND SPECIFICATIONS The specifications for the work consist of the Standard Specifications of the City of Carlsbad, :the 197.9 edition of Standard Specifications _fo r Public Wo r k_s__Co ns true t ion (here- inafter designated as SSPWC) as issued by tEe Southern Caii- •fornia Chapters of-the American Public Works Association and these contract documents and specifications. The construction plans consist of one sheet designated as City of Carlsbad Drawing No. 198-2 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. . Coordination with the respective utility companies for re- moval or relocation of conflicting utilities shall be require- ments 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" an'd shall diligently prosecute the work to completion within 20 consecutive calen- dar days from the date of receipt of said "Notice- to Proceed." ROADWAY EXCAVATION . • Roadway excavation shall conform to the requirements of Sec- tion 300-2 of the SSPWC and to these Special Provisions. The contractor shall be responsible for the removal of all — , export material to a location approved by the Engineer. / Compensation for the roadway excavation, including export removal, shall be considered included in the price bid for this item and no additional compensation will be made there- for. •Page 23 5. PAVEMENT REMOVALS ' The contractor, shall cut the existing asphalt road surface along a line as directed by the Engineer. The asphalt waste shall become the responsibility of 'the contractor and shall be removed to a legal dump site as approved by the Engineer. Payment for the asphalt cutting and removals shall be con- sidered included in the various unit prices and no additional payment will be made therefore. 6. AGGREGATE BASE Aggregate base materials shall conform to the requirements of Section '301 of the SSPWC. Aggregate material supplied shall have a maximum water content of 3% at the time of weighing. Compensation for the aggregate base shall be included in the unit price paid for this item and no additional compensation will be made therefor. 7. ASPHALT CONCRETE Asphalt concrete shall conform to' the requirements of Sections 203 and 302 of the SSPWC and to these Special Provisions. Asphalt concrete shall be Type l-B-AR-4000. A tack coat shall be applied to all abutting concrete sur- faces at the rate of 0.10 gal/SY. The tack coat shall be Type SSI asphaltic emulsion. A seal coat shall be applied to the finished surface at the rate of 0.10 gal/ST. The seal coat shall be Type SSI asphal- tic emulsion with a 60-70 grade liquid asphalt. All asphalt concrete material shall be deposited and spread on the prepared subgrade by means of a self-propelled mechan- ical .spreading device approved for use by the Engineer. Compensation for the asphalt concrete paving, including seal and tack coats, shall be included in the unit prices bid for this item and no additional compensation will be made therefor, 8. ASPHALT BERM Asphalt concrete berms shall be Type l-E-AR-4000. and shall conform to Sections 203 and 302 of the SSPWC and to these special provisions. Payment for the asphalt concrete berm complete and in place, including the materials cost shall be considered included in the unit price bid for this item and no additional payment will be made therefor.