HomeMy WebLinkAboutPalomar Grading And Paving Inc; 1985-06-21; U/M 63 i
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CITY OF CARLSRAD ~
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I San Diego County I
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CONTRACT DOCUMENTS & SPECIFICATIONS I I
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7985 SLURRY SEAL AND OVERLAY PROGRAM
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CONTRACT NO. [JIM-6
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TABLE OF CONTENTS
PAGE
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ITEM -
NOTICE INVITING BIDS ________________________________________- I
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BIDDER' S BOND TO ACCOMPANY PROPOSAL - -- - - - - - --- - - - -- - - - - - ----- 7
DESIGNATION of SUBCONTRACTORS 9
BIDDER'S STATEMENT OF FINANCIAL RESPONSISILITY --------------- lo
BIDDER'S STATEMENT OF TECYNICAL 49ILITY & EXPERIENCE --------- 11
CONTRACT - PIJRIC WOQKS _-___--_______________________________ 12
CONTRACTOR'S CERTIFICATION OF AWARENESS OF W09KESS
PROPOSAL .....................................................
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CO?1PENSATIfJhI PESPONSIFJLJY -_--__-__------____---------- 16
CESTIFICATT'ON OF COMPLIANCE ---_--____________________________ 16
LAflOQ 4Il-J WTERIALS WND ..................................... 17
PERFORMANCE ROE![) ________________________________________----- 19
GENERAL PROVIsInNS ________________________________________-- 31
SPECIAL PSOVISIONS /SPECIFIC AT1 ONS FOR SLURRY SEAL - - - - - - - - - - - - 27
SPECIAL PROVISIONS/SPECIFICATIONS FOR OVEWAY PROCRW - ------- 34
STREET LISTING FOR OVERLAY __________________-________________ 38
STREET LISTING FOR SLURRY SEAL ____________________----------- 41
LA * Ah, '
CT. TY OF CARLSBAD , CAL IFORN IA
NOTICE IWVITINC, RTCIS
Sealed bids will be received at the Office of the Purchasing Agent, City Hal
1200 Elm Avenue, Carlsbad, California, until 4:OO PM on the 7th day of May, at which time they will be opened ad read for performing the work as follow
1985 SLIJRRY SEGL AND OVERLAY PROCRAM
COIITRACT NO. IJ/M-6
The work shall be oerformed in strict conformity with the specifications
therefor as aporoved by the City Council of the City of Carlsbad on file in
Utilities and Maintenance Department.
specifications for full narticulars ancl description of the work.
No bid will be received unless it is made on a oroposal form furnished by th Utilities & Maintenance Director. Each bid must be accompanied by security form and amount required by law. The bidders' security of the second and th
next lowest responsive bidders may he withheld until the contract has been f
executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten days after the contract is awar
Pursuant to the provisions of law (Government Code Section 4590), appropriat
securities may be substituted for any money deposited with the City to secur
any obligation required by this not ice.
The documents which must be completed, Droperly executed, and notarized are:
Reference is hereby made to the
1. Proposal
2. Bidder's Bond
3. nesignation of Subcontractors
4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and
Experience
411 bids will be compared on the basis of an engineer's estimate. The estim
quantities are approximate and serve solely as a basis for the comparison of
bids. The engineer's estimate is $906,256.00.
No bid shall be accepted from a Contractor who has not been licensed in
accordance with the orovisions of State Law. The Contractor shall state his
her license nuder and classification in the proposal.
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One set of plans, special provisions, and contract documents may be obtained
the Purchasinq Department, City Hall, 1299 Elm Avenue Carlsbad, California, a
no cost to licensed contractors. Additional sets may be obtained for a
specified fee per set.
The City of Carlsbad reserves the riqht to reject any or all bids and to waivl
any minor irreqularity or informality in such bids.
The qeneral prevailinq rate of wages for each craft or type of worker needed
execute the contract shall be those as determined by the Director of Industri
R'elations 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 curre
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 tha
the said specified prevailing rates of wages to all workers employed by him 01
her in the execution of the contract.
The Prime Contractor shall be responsible to insure compliance with provision?
of Section 1777.5 of the California Labor Code.
The provisions of Part 7, Chapter 1 of the California Labor Code commencinq w.
Section 1720 shall apply to the contract for work.
A we-bid meeting will be held on Thursday, May 2, 1985 at 9:OO AM at the
Utilities and Yaintenance Department Office, 405 Oak Avenue, Carlsbad.
Project site should be toured by potential bidders prior to ore-bid meetinq.
Sidders are advised to verify the issuance of all addenda and receipt thereof
one day prior to bidding. Submission of bids without acknowledgment of addenc
may be cause for rejection of bid.
Bonds to secure faithful oerformance of the work and Dayment of laborers and
materials suppliers each in an amount equal to one hundred percent (100%) of
contract price shall be required for work on this project,
Approved by the City Council of the City of Carlsbad, California, by Resolutic
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No. +, adopted on the ~ /?a day of 9 1983-
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Date9
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Page : CITY OF CIAqLSRAD
CONTRACT MO. U/M-
PROPOSAL
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dity Council
Ciity of Carlsbad
11200 Elm Avenue
Carlsbad, C9 92008
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~ The undersigned declares he/she has carefully examined the location of the wa
read the Notice Inviting Rids, examined the Plans ad Specifications, and her
proposes to furnish all labor , materials, equipment, transportation, and
services required to do all the work to complete Contract No. U/M-6 in
accordance with the Plans and Specifications of the City of Carlsbad, and the
special provisions and that he/she will take in full Dayment therefor the
following unit nrices for each item complete, to wit:
Approximate
Item Article w/Unit Price or Ouant i ty Unit
No. Lump Sum Written in W-ords, e( IJnit Price TC --I- 7
I. Slurry seal mixture 3,139 tons 633 /?
2. Asphalt concrete tyoe 16,077 tons 3/= 97
3. Petro mattinq 34,526 /= 5%
1-C-AR-4000
square yards
$1 21. I {' i
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Aporoximate
Item Article w/Unit Price or Ouant ity (Jnit
Nio. Lump Sum Written -in ,Words & IJnit Pr.ice TO1 - - I
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Total amount of bid in words:
Total amount of bid in numbers: $ 79-
Addendum (a) No(s) islare included in this broposal.
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has/have been received and
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All1 bids are to be computed on the basis of the qiven estimated quantities of
work, as indicated in this proposal, times the unit price as submitted by the
bildder.
pqevail. 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
aqd compared on the basis of the corrected totals.
Tde undersigned has checked carefully all of the above fiqures and understands
tqat the City will not be responsible for any errors or missions on the part
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, tt
proceeds of check or bond accompanying this bid shall become the property of t City of Carlsbad.
Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 33y$/.3
In case of a discrepancy between words and figures, the words shall
Identification 9Jj-332 /86 q
The undersigned bidder hereby represents as follows:
I. That no Councilmember, officer, agent or employee of the City of
Carlsbad is personally interested, directly or indirectly, in this
contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officer:
agents or employees, has induced hidher to enter into this contract!
excepting only those contained in this form of contract and the papei
made a part hereof by its terms; and
2. That this hid is made without connection with any person, firm or
corporation makinq a bid for the same work, and is in all respects f
and without collusion or fraud. + Cash, Certified Check, Bond or Cashier's Chec
4ccompanying this proposal is
in an amount of not less than ten percent (10%) of the total bid
price.
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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
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 qeneral prevailinq rate of
wages for each craft or type of worker needed to execute the contract ad agr
to comply with its Drovisions.
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- - 7, - Phone Nun-ber
&I) 30; /?s'S Date I I I
Ku t ho r i zed S iqn atu r e
dl3-n m. pP&-h I r, e
clTYI&&JG 92b2 L - Cop;*,, +;oh4 Type of rganization
(Individual, Corporation, Partnership]
Bidder's Addreds
List below names of President; Secretary; Treasurer; and Manager, if a
corporation; a es of all partners, if a partnership:
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(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY
:iLL PRINCIPALS MIJST E?€ ATTACI-IED)
(CORPORATE SEAL)
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}ss.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On this 7th day of MAY , in the
before me, the undersigned, a Notary Public In and for said State, persor
BARRY COHEN - Vice President
, personally
(or proved to me on the basis of satisfactory evidence) to be the person- \N
subscribed to the within instrument, and acknowledged torn
executed it.
WITNESS my hand and
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ACKNOWLEDGMENT-General-Wns Form 2m--Rsu 5-82
01982 WOLCOTTS. INC (me ctass 8.21
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BIDDER'S 90ND TO 4CCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Palomar Grading & Paving, Inc.
unto the City of Carlsbad, California, an mount as follows: 10% of the bid
movey of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FORECOItG OBLIGATION IS SUCH:
That, if the proposal of the above-bounden principal for the 1985
, as Principal, and
I FAIRMONT INSURANCE COM-pAN'f - , as Surety, are held and firmly hound I
amount not to exceed Ten Percent - Dollars ($ lo_% - ), lawful
SLURRY SEAL AND OVERAY PROGRAM
COflTRGCT G/M-6
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 t
date of award of contract by the City Council of the City of Cdrlsbad, 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, ad the mount
specified herein shall. be forfeited to the said City.
In the event any Principal above named executed this bond as an individual, it
is agreed that the death of any such Principal shall not exonerate the Surety
from its obligations under this bond.
IN WITNESS WEREOF, we hereunto set our hands and seals this 7th day of - May , 19 85
Corporate Seal (If Corporation)
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Title j3eppV C*h&\/,ce Rfs;&
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I execution by all PRINCIPPLS and
(Attach dc kno w ledgeme nt of SURETY must be attached.)
Attorney in Fact)
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FAIRMONT INSURANCE COMPANY
I' I f' ' 8' Burbank, California
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
mat FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constih
appoint
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Gerald L. Ervin
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as itstrue lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to e
anddeliver and affix the seal of the Company thereto, if a seal isrequired, bonds, undertakings, recognizances, con!
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the
thereof,
and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney@)-
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, which
are now in full force and effect:
ARTICLE IV, Section 13 ATTORNEYS-IN-FACT AND AGENTS The chairman of the board, the president, the VI president, the c ie inancia o icer, or t e secretary o t e corporation may appoint attorne s in fact or agents mth pow and authonty, L dfdfined or' IiEited in thheir respectiv: ,",we,, of attorne , for and on behaYfof the corporation to exea and deliver. and affix the seal of the Corporation thereto, bonds, und?kakings, recognizances, consents of surety other wntten obligations in the nature thereof and an of said oficers may remove any such attorney-in-fact or age and revoke the power and authority given to him or Ker
ARTICLE IV, Section 14 AUTHORITY TO BIND Any bond, undertaking, recognizance, consent of surety or writt obligation in t e nature t ere0 s a va i an bindin u on the corporation when signed by the chaman of t board, the pr2ident. the :ice dre:idb$ th: ?hieffinanciafoffcer, or the secretaw of the corporation and duly attest and sealed, d a seal is re uired, by the secretary or assistant secretary, or shall be valid and binding upon the corporati when duly executed an% sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to a within the limits of the authority granted by his or her power of attorney
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This power of attorney is signed and sealed by facsimile under and by the authority of the following
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting de
and held on the 4rd day of October, 1983:
RESOLVED that the signature of any officer authorized b the Bylaws, and the seal of the corporation, may be affix( by facsimile to any power of attorney or special power or attorney or certlfication of either given for the execution any bond, undertakin , recognizance consent of surety or other written obligation in the nature thereof; such signatu and seal, when so used being hereby adopted by the corporation as the on inal signature of such officer and the ongr seal of the corporation, to be valid and binding upon the corporation with &e same force and effect as though manua affixed
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be
March of 1
e" *#J....... :....** & \ FAIRMONT INSURANCE COll
by Its proper officer and its corporate seal to be hereunto affixed this 22nd day of
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SW 'c. .* .. y
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{g,9 6 ::ri APR. IO 2-2 =: -e: tz'; 1970 fez
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Print4 In U S A
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DESIGNATIPN OF SUBCONTRACTORS
The undersigned certifies helshe has used the subbids of the following listed
Contractors in making up his/her bid and that the subcontractors listed will
used for the work for which they bid, subject to the approval of the Dirctor
Utilities and Maintenance, and in accordance with apolicable provisions of tt
specifications. No changes may be made in these subcontractors except upon t prior approval of the Director of Utilities arid Maintenance. The followinq
information is required for each subcontractor. Additional Dages can be
attached, if required:
Full Complete Items of Company Address Phone Work Name w/<Zip Code w/Area (
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I 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 hid submission. Additional naqes
can be attached if required.
Tyoe of State Carlsbad 4mo u
Full Company Name License & No. License No." Bid (-$
Contracting Business of
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"Licenses are renewable annually. If no valid license indicate "NONE". Val
license must be obtained prior to su
(Notarize or
Corporate Seal 1
Aut ho ri zed S ign atu r e
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PALOMAR GRADINO & PAVINO, INC.
October 3 1 - Balance Sheet
1984 1983
ASSEiS
Current Assets
-. z Cash $683,362 $232,948 Contract receivables (Note 2) 1,269,233 1,323,238
Costs and estimated earnings in excess of billings
Accounts and notes receivable -related parties,
Other receivables 36,577 33,934
on uncompleted contracts (Note 1 ) 249,388 112,435
current portlon (Note 8) 874,767 506,010 Loans receivable - officers 114,376 --
Prepaid income taxes 23.391280 3.251.0942.208.845
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Property and Equipment (Notes 1 and 5) Furniture and fixtures 36,766 35,238 Automobiles and trucks 96,675 96,675
Machinery and equipment 19,225 16,186
395,226 390,659 Less aumulated depreciation 171.6t9 69.934
Rental equipment 747 56Q m
273.607320.725
Other Assets
Deposits and prepaid expenses 20,255 32,74 1 Advances to joint venture 11,781 --
Accounts and notes receivable - related parties,
current excluded (Note 8) 345.071324.871 377.107357.612
$3,901,808 $2,887,182 --------- --------- --------- --------- - &Irry coh_en Vice-Resident
Page 1 of 2
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j lARll ITIESAND STOCKHOI DERS' EOUITY
Notes pPsyable, current portion (Note 5) $88,775 $88,775 Accounts payable (Note 3) 1,317,098 988,683
Payroll taxes and benefits payable 37,28 1 1 6,286 Billings in excess of costs and estimatedearnings
on uncompleted contracts (Note 1 ) 37,804 144,688 Accounts payable - related parties
Income taxes payable -- 3 1,367
Accrued VEBA wntribution ( Note 6) -- I 08,620
Accrued pension plan contribution (Note 6) 2 1,000 162,399
Accrued expenses 6,632 26,226
Current Liabilities
-- Accrued bonuses payable 99,000
-- 70,385
Deferred income taxes, current (Notes 1 and IO) 273.90952.403
Long-Term Debt
Deferred taxes payable, current excluded 31,485 1 2,986
Notes payable, current excluded (Note 5) 138,586 16 1,394
Notes payable - officers, current excluded (Note 8) 663.00Q 79- i 833.071-
2.784.955-
Stockholders' Equity
Common stock: 75,000 shares authorized;
30,000 shares issued and outstanding;
- no par value 3,600 3,600
Retained earnings -!&lluz LELE5 -l-duEd 799.355
$3,901,808 $2,887,182 --------- --------- --------- ---------
See muntants' review report and notes to financial statements.
13.
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BIDDER’S-STATEMENT OF FINANCIAL RESPONSIRILITY
The undersiqned subrnits herewith a notarized or sealed statement of hisfher
f inanci a1 respons ibili ty .
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I S ign atb r e
(Notarize or
Corporate Seal 1
1. I, I3 $
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PALOMAR GRADING & PAVING, INC.
LZmfdGm r&fzhzdm &. No. 884813
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LIST OF REFERENCES
Department of Transportation Eric Sarkela 619-789-95 203 12th Street
Ramona, CA 92065
Sickels Group Wayne Rosenbaum 619-294-27
2850 Sixth Avenue #114
San Diego, CA 92103
Lusardi Construction Scott Free 619-744-31
1570 Linda Vista Drive
San Marcos, CA 92069
Nercer ConstruGtion Bob Erickson 619-480-46
3333 Brea Canyon Road #122
Diamond Bar, CA 91765
City of Poway Bill Blaksley P.O. Box 785
Poway, CA 92064
619-748-661
Department of the Navy Tom Liedke 619-696-53 1220 Pacific Highway #206
San Diego, CA 92132 a
Barry cohen VicePresident -
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2150 N. CENTRE CITY PKWY. ESCONDIDO, CA 92026 (619) 743-3007
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Paqe 1;
CONTRACT - PURL'IC WORK
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This agreement is made this 2 I +r day of Tu t..C , 19 - fc, by and
between the City of Carlsbad, California, a municipal corporation (hereinafter
called "City") and PALOMAR GKING AND PAVING, INC.
corporation whose principal place of busine
is 2150 N. Centre City ph. fct Esmndido, CA 92026-
(hereinafter' called "Contractor". )
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City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in
the contr'act documents for:
1985 SLURRY SEAL AND OVERLAY PROGRAM
CONTRACT NO. U/M-6
(hereinafter called "project")
2. Provisions of Labor and Materials. Contractor shall provide all labc
xaterials, tools, equipment and personnel to perform the work specif
by the contract documents.
3. Contract Documents. The contract documents consist of this contract
the bid documents, includinq the not ice to bidders, instruct ions to
bidders and contractors proposal; the plans and soecifications and a
proper amendments and changes made thereto in accordance with this
contract or the Dlans and specifications; and the bonds for the
project; all of which are incorporated herein by this reference.
4. Payment. As full compensation for Contractors nerformance of work
Co ractor as follon L under this contract, City shall make
$732,239.50 In the total amount of - periodic payments c
shown on the oayment schedule attached hereto and made a part hereof
Payment of undisputed contract amounts shall be continqent upon
Contractor furnishing City with a release of all claims aqainst Cit)
arising by virtue of this contract as it relates to those amounts.
Extra compensation equal to 50 percent of the net savings may be pa'
to Contractor for cost reduction changes in the plans or specificat
made pursuant to a proposal by Contractor. The net savings shall bl
determined by City.
approved by the City.
No payment shall be made unless the change is
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5. Independen-t Investigation. Contractor has made an independent
investigation 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 paymer-
for all work that may be done by Contractor in order to overcane
I unanticipated underground conditions. Any information that may have
I been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor's convenience only, and City
I does not warrant that the conditons are as thus indicated. Contract(
is satisfied will all job conditions, including underground conditior
and has not relied on information furnished by City.
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6. Contractor .Responsible for Unforeseen Conditions. Contractor shall 1
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
the work. However, contractor shall not be responsible for reason&
delays in the completion of the work caused by acts of God, stormy
weather, extra work, 9r matters which the specifications expressly stipulate will be borne by City.
7. Chanqe Orders. City may, without affectinq the validity of this contract , order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change the work without the issuance of a written change order, and Contrac
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 wo'
If a change order deletes any work the contract price shall be redul
by a fair and reasonable amount. If the parties are unable to agre
the amount of reduction the work shall nevertheless proceed and the
amount shall be determined by arbitration or litigation. The only
person authorized to order changes or extra work is the Director of
Utilities and Maintenance. However, no change or extra work order
excess of $5,000.00 shall be effective unless approved by the City
Counci 1.
Prevailing Wage.
California, the City Council has ascertained the qeneral prevailing rates of per diem wages for each craft or type of worker needed to
execute the contract and a schedule cont dining such information is
the City Clerk's office and is incorporated by reference herein.
Pursuant to Labor Code Section 1775 contractor shall pay prevailinc
wages. Contractor shall post copies of all applicable prevailing 1
on the job site.
8. Pursuant to the Labor Code of the State of
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Paqe 14
9. Indemnity. Contractor shall indemnify, hold harmless and defend City
and its officers and employees, and each of them, from any and all
I liability or loss resulting from any suit,
brouqht against City, or for any other losses of whatever nature,
claim or other action
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~ directly or indirectly arising from the acts of Contractor or its
or in the performance of this contract regardless of responsibility f
negligence. The expenses of defense include all costs and expenses,
including attorneys fees, of litigation, arbitration or other dispute
to indemnify City for losses caused by the active negligence of City.
I 10. Insurance. Contractor shall maintain insurance covering the liabilit
stated in paragraph 9 in an amount acceptable to the City Council anc
shall cause the City to be named as an additional insured on any Doli
or performance of this contract taken out by Contractor.
I officers, employees or agents done in the construction of this projecl i I
! resolution method. Nothing in this paragraph shall require contract0
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I of liability or property damage insurance concerning the subject mat1
11. Vorkers Compensation. Contractor shall comply with the requirements
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 perso
employed or used by Contractor to perform any work under this contac
reqardless of responsibility for negligence.
12. Proof of Insurance. Contractor shall submit to the City certificati
of the policies mentioned in Paragraphs IO and 11 or proof of worker
compensation self irisurance prior to the start of any work pursuant
this contract.
Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof m,
at the option of City, be settled by arbitration in accordance with
construction industry rules of the American Arbitration Association judgment upon the award rendered by the arbitrator(s) may be entere
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.
13.
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14. Maintenance of Records. Contractor shall maintain and make availab
to the City, upon request, records in accordance with Sections 177t
1812 of Part 7, Chapter 1, Article 2 of the California Labor Code.
the Contractor does not maintain the records at Contractor's princi
place of business as specified above, Contractor shall so inform tl
City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change oi
address of such records.
_____ -__I l_l I_-._- "- -.--.---
I I-11- I ____ _____ __ . -I- -- _- - __ss_l ___
~~~~
day of June , in the J On this 10th
before me, the undersigned, a Notary Public in and for said State, person:
Iss STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
BARRY COHEN - Vice President
Chief Financial Officer , personally
(or proved to me on the basis of satisfactory evidence) to be the persons who
within instrument as President and Secretary, respectively, of the Corporation th
and acknowledged to me that the Corporation executed it pursuant to its by-law
tion of its board of directors
WITNESS my hand and offici
and P4RQT.n I:. JF.m
S% D:EG3 CC:INTf
ACKNOWLEDGMENT-Carp -Pres & Sec -WaIcatts Form 222CA-Rev 5 82
98x2 WoEOE_"C,"-_ ____ - ___ ___ ._ ~---.--___I I_ -
_ll__l ---_ -- ____ I-- - 111 _-__-- ll___ _____-_-
't ' '\
Page 1
15. Labor Code Provisions: The Drovisions of Part 7, Chapter 1 commencir
with section 1720 of the California Labor Code are incorporated herej
by reference.
16. Securitv Pursuant to the requirements of law (Government Code Sectj
'4590)iropriate securities may be substituted for any monies withhc
by City to secure performance of this contract or any obliqation
established by this contract.
17. Additional Provisions. Any additional provisions of this agreement
set forth in the "General Provisions" or "Special Provisons" attache1
hereto and made a Dart hereof.
(Notarial acknowledgement of
t execution by ALL PRINCIPALS
must be attached.)
I
:
\
6
APPROVED AS TO FORM: CITY OF CARLSRAD, CALIFORNIA * I d-L
Mayor i
ATTEST:
City Clerk
1. 1
Page 1
CONTRACTORS CERTIFICATION OF AWARENESS OF WORKERS COMPENSATION RESPONSIBILITY.
"1 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
will comply with such provisions before commencing the performance of the worl
of this contract ."
CERTIFICATION OF COMPLIANCE
I hereby certify that ...4
performing under the Purchase Order awarded by the City of Carlsbad, will cm
with the County of San Diego Affirmative Action Program adopted by the Board
Supervisors, including all current amendments.
-- iEGP-+~sg~ A
(NOTARIZE OR COSPORAT E SEAL)
(Not aria1 acknowledgement of execution by all orincipals must be attached.)
B &- *.
, . Pap
bnd No: FB 00801
Prem. AI& : $5,801
PERFORMANE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WEWEAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. 8018 adopted May 21, 1985 9
has awarded to
hereinaf ter designated as the "Prbncipal" , a contract for:
pah~~ Grading and Paving, Inc.
1985 SLURRY SEAL AND OVERAY PROGRAM
CONTRACT NO. U/M-6
in the City of Carlsbad, in strict conformity with the rCrawings andl specifications and other contract cbcumnts ROW on file in the Office of thc
City Clerk of the City of Carlsbad.
WEREAS, said Principal has executed or is about to execute said contract a
the terms thereof require the furnbshiq of a bond for the faithful perfom
of said contract;
NOW, THEREORE, K ~ , as Principa
herein& ter designated as the "Contractor", and Faimnt Insurance Company
as Surety, are held ad firm
bound unto the City of Carlsbad, in the sum of --__ Seven fiundred thirty two izhousnd two hundred thirty nine & 50/100-- Dollars ($ 73Z73733 )
said sum being equal. to 100 p the estimated mount of the
contract., to be paid to the said City or its certaln attorney, its success0
and assigns; for which payment, well ad truly to be made, we bind ourselve
our heirs, executors and administrators 9 successors or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contract
hislher or its heirs , executors , administrators, SUCC~SSO~S om' assigns, sha all things stand to and abide by, and well ad truly keep and perform the
covenants, conditions, and agreements in the said contract and any alteratf
thereof made as therein provided on hislher or their part, to k kept ad
performed at the time and in the manner therein specified, and in all respe
according to their true intent and meaning, ad shall indemnify and save
harmless the City of Carlsbad, its officers ad agents, as therein stipulat
then this obligation shall become mUlP and void; otherwise it shall remain
full force and virtue.
Palomar Grading and Paving, Inc. --
State of California
County of Los Angeles ss
On this 4th day of June in the year 19 - 85 before me F
personally knc appeared Geral d L. Ervin
Attorney In-Foct
(or proved to me on the basis of satisfactory evidence) to be the p
Attorney-in-Fact of- Fairrnont Insurance Company , and acknowledge
company thereto as surety, and his own name as Attorney-in-Fact.
S-318 (10-83)
0 e
a.
1I
Pag E
And said Surety, for value received, hereby stipulates ad agrees that no
change, extension of the, alteration or addition to the terns sf the contrt or $8 the work to be ~rformed thereunder or the specifications acmpanybn<
same shall affect its obligations on this bodp and it does hereby waive not
of any change, extensson of time, alterations or ~MPtb~ra to the terns of tl contract or to the wotl'k or to the specif'icatlons.
In the event that any Contractor abave named executed this bond as an
individual, it fs agreed that the death of any such Contractor shall not exonerate the Surety fam its obligations under this bod.
EWEBF, this instrument has ken duly executed by the Contracto)
named on the 4th day of _I J~XE 9 59 85 0
(Notarize or Corporate
A Seal for Each Signer) Cont P ac t o r
I
k%imnt Insurance Coxpany --
I
Attorney In-Fact
Surety
FAIRMONT INSURANCE COMPANY
Burbank, Clllfornla
POWER OF .. ATTORNEY
("
. -.
KNOW ALL MEN BY THESE PRESENTS:
That FAIRMOM INSURANCE COMPANY, a California Corporation, does hereby make, const:
appoint
Gerald L. Ervin
as its true lawful Attorney(s)-in-Fact. H ith full poHcr and authorit!. for 2nd on behalfof the Company as surety, tc
anddeliver and affix the seal of the Company thereto, if a seal isrequirrd, bonds, undertakings, recognizances, co
surety or other written obligations in the nature therof, as follows:
Any and all bonds, undertakings, recognizances, consents of surety or other witten obligations in t:
thereof,
and to bind FAIRMOM INSURANCE COMPANY thereby, and all of the acts of said Attomey(s
pursuant to these presents, are hereby ratified and confirmed.
This appointment is made under and by authority of the following Bylaws of the Company, whicl
are now in full force and effect:
ARTICLE N, *io; 13. ATTORNEYS-IN-FACT AND AGEFSTS. The chairman of the board, the president, the president, the &ef financial officer, or the secretary of the corporatibn may appoint attornevs-in-fact or agents with pc and authority, as defined or limited in their respective powers of attorne for and on behalf of the corporation to exe and deliver, and affix the seal of the Corporation thereto, bonds, unktakings, recognizances, consents of sure! other written obligations in the nature thereof and an of said oficers may remove any such attorney-in-fact or a and revoke the power and authority given to him or Ker.
ARTlCLE N, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or wr obligation in t e nature t ere0 s a va I an bindin u n the corporation when signed by the chairman o board. the priident, the :ice ireFi4: th: %iethanciafoffk, or the secretary of the corporation and duly atte and sealed. if a seal is re uired. by the secretary or assistant secretary, or shall be did and binding upon the corpori when duly executed an% sealed, if a seal is required, by a duly authorized attorney-in-fact or agent, pursuant to within the limits of the authority granted by his or her power of attorney.
This power of attorney is signed and sealed by facsimile under and by the authority of the followin1
tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPAhY at a meeting dL
and held on the 4rd day of October, 1983:
RESOLVED that the signature of any officer authorized b the Bylaws, and the seal of the corporation, may be d
any bond, undertakin recognizance consent of surety or other written obligation in the nature thereof; such signa and seal, when x) use% being hereby adopted by the corporation as the on inal signature of such officer and the oril seal of the corporation, to be valid and binding upon the corporation with %e same force and effect as though man1 affixed.
IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to 1
by facsimile to any power of attorney or special power o r attorney or certification of either given for the executic
by its proper officer and its corporate seal to be hereunto affixed this ~2nd day of MXC~ of
*.HI'-%
/&$PfvW~C *p/.* *%S!!!!&\
: APR. 10 )rg' ? - ru! Jz'J 1970
FAXRMONT INSURANCE CO
g a'. 0 i
I *d-:i"" 3' s. ./* 9 \<ii&y %LMWc Henry F. Wright, i sc,",aW~" ! m(*.d (1 U.S A
State of California
County of Los Angclts
>... . _..
, personally ltnown to me, was by me duly sworn, and did depose and say: tha Henry F. Wright
FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru
ment; that heishe knows the seal of said corporation; that .the seal affixed to said instrument is such cor
porate seal; that it was so affixed by aL thority of hislher office under the Bylaws of said corporation, an(
that heishe signed hislher name thereto by like authority.
Subscribed and sworn to me this :!2nd day of March , 1985
helshe resides in the State of California; that helshe is the duly elected Vice President 0
Notarv Public in and
for said County and State. PRINCIPAL OFFICE bN
CERTIFICATION
of FAIRMOM
INSURANCE COMPANY, certify that :,he foregoing power of attorney and the above quoted Sections 13
and 14. of Article IV of the Bylaws haw not been abridged or revoked and are now in full force and effect
Assistant Secretary
NOTA2'I PIJI'ilC -CALIFORNIA
I, ?sruaeA.Tsujhto -, the
Signed and Sealed at Burbank, California, this 4th day of June , 19 85 I
tHII#+ fihp% $*"-.... 6 3
/$$&~Q4P* qo c %
-et APk10 :%I
% *'%. i -8
Iz'' 1970 !$j
% %w 42s**-o-e CALIF=@ w
*WWtl#U
originated by: Date of Origin: -tY - 3.
1- r '1 ,. t
Page ;
GENERAL PROVISIONS
1. SITE PLANS AND SPECIFICATIONS
The site plan consists of a City map delineating the slurry seal and
overlay areas which are further detailed herein.
The specifications for the work shall consist of the latest edition of t Standard Specifications for Public Works Construction hereinafter
designated SSPK, as issued by the Southern Chapters of the American Pub
Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached
thereto.
2. WORK TO RE DONE
The work to be done shall consist of furnishing all labor, equipment anc materials and performing all operdtions necessary to complete the projec
work as shown on the nroject plans and as specified in the specificatior
3. DEFINITIONS AND INTENT
A. Utilities and Maintenance Director:
The title shall mean the Utilities and Maintenance Director or his
approved representative.
€3. Directions:
Where words "directed", "designated" , "selected" or words of simila
import are used, it shall be understood that the direction, designa or selection of the Utilities and Maintenance Director is intended
unless stated otherwise. The word "required" and words of similar
import shall be understood to mean "as required to properly complet
the work as required and as approved by the Utilities and Maintenar
Director" unless stated otherwise.
C. Equals and Approvals:
Where the words "equal", "approved equal", "equivalent" and such wc
of similar import are used, it shall be understood such words are
followed by the expression "in the opinion of the Utilities and
Maintenance Director" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import a1
used, it shall be understood that the approval, acceptance, or sim'
import of the Utilities and Maintenance Director is intended.
I. 1' it
Paqe
E. Perform and Provide:
The word "perform" shall he understood to mean that the Contractor,
her/his expense, shall Derform all operations, labor, tools and
equipment, and further, including the furnishing and installing of
materials that are indicated, specified, or required to mean that tl
Contractor, at her/his exoense, shall furnish and install the work,
complete in place and ready to use, including furnishing of necessai
labor, materials, tools equipment and transport ation.
4. CODES. AND STANDARDS
Standard soecifications 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
producers of materials so required either have such specifications
available for reference or are fully familiar with their requirements a
pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the Contractor per Sectio
1 of the SSPW at the time of the preconstruction conference.
If the completion date shown on the Notice to Proceed letter is not met
the Contractor, he will be assessed the daily salary of the Inspector
assigned by the Utilities and Maintenance Director for each working da)
beyond the completion date, as damaqes.
Coordination with the respective utility company for removal or relocat
of conflicting utilities shall be requirements prior to commencement of
work by the Contractor.
The Contractor shall beqin work after being duly notified by an issuanc
a "Notice to Proceed" and shall diligently prosecute the work to complc
within 45 consecutive calendar days from the date of receipt of said
"Not ice to Proceed. 'I
6. NONCONFORMING WORK
The Contractor shall remove and replace any work not conforming to the
plans or specifications upon written order by the Iltilities and Mainte
Director.
borne by the Contractor.
Any cost caused by reason of this nonconforming work shall
6.
I. <>I 1,
Page
7. GUARANTEE
All work shall be guaranteed for one year after the filing of a "Notice
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 tH
copies to the Utilities and Maintenance Director.
9. INTERNAL COMRUSTION ENGINES
All internal combustion engines used in the construction shall be equip1
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.
IO. CITY INSPECTORS
All work shall be under the observation of Inspector(s) designated by t Utilities and Maintenance Director. Inspectors shall have free access
any or all parts of work at any time. Contractor shall furnish Inspect
with such information as may be necessary to keep her/him fully informe
regarding progress and manner of work and character of materials.
Inspection of work shall not relieve Contractor from any obligation to
fulfill this contract.
11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserl
in this contract shall be deemed to be inserted herein and the contracl
shall be read and enforced as thouqh it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or i
correctly inserted, then upon application of either party the contract
shall forthwith be physically amended to make such insertion or
correct ion.
.I/
*I '<
Page
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
Contractor's expense to fulfill the intent of said documents.
instances throughout the life of the contract, the City will he the
interpreter of the intent of the contract documents and the City's deci
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.
In all
13. SUBSTITUTION OF MATERIALS
The Proposal of the Bidder shall be in strict conformity with the drawi
and specifications and based upon the items indicated or specified. Th
Contractor may offer a substitution for any material, apparatus, equipm 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,
physical, chemical or other characteristics, and its durability, finish
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 of proposals shall he made prior to beginning of construct
if possible, but in no case less than ten (10) days prior to actual
installation.
14. RECORDS
The Contractor shall keep a current record of the completed areas to include time, dates, and other pertinent data and submit to the Inspect
at the end of each workday.
15. PERMITS
The general construction, electrical and plumbing permits will be issue
the City of Carlsbad at no charge to the Contractor. The Contractor i:
responsible for all other required licenses and fees.
B. ' a/* I.
Page 2c
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. Sane
quantities may be increased and others may be decreased or entirely
eliminated. No claim shall be made against the City for damage occasionet
thereby or for loss of anticipated profits, the Contractor being entitled
only to compensation for the actual vork done at the irnit prices bid.
The City reserves and shall have the riqht, when confronted with
unpredicted conditions, unforeseen events, or emerqencies, to increase or
decrease the quantities of work to be oerformed under a scheduled unit
price item or to entirely omit the Derformance thereof, and upon the
decision of the City to do so, the Utilities and Maintenance Director wil
direct the Contractor to Droceed with the said work as so modified. If t
increase in the quantity of work so ordered should result in a delay to 4
work, the Contractor will be qiven an equivalent extension of time.
17. SAFETY & .PROTECTION OF, WORKERS AND PIJRLIC
The Contractor shall take all necessary precautions for the safety of
employees on the work and shall comply with all apolicable provisions of
Federal, State and Municipal safety laws and building codes to prevent
accidents or injurv to persons on, about or adjacent to the premises whe
the work is being performed. He/she shall erect and properly maintain i
all times, as required by the conditions and proqress of the work, all
necessary safeqmrds 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 reqistered civil
engineer to perform necessary surveying for this project. Requirements
the Contractor pertaining to this item are set forth in Section 2-9.5 o
the SSPW. Contractor shall include cost of surveying service within
appropriate items of proposal. hjo separate payment will he made.
19. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water utilized during
construction under this contract. The Contractor shall contact the
appropriate water agency for requirements, Contractor shall include co!
water and meter rental within appropriate items of proposal. Uo separ<
pavment will be made.
t, , Y. '-
Paqe 26
20. CODES, OR_DINANCES, REGULATIONS & ABBREVIATIONS
Reference to codes, ordinances and regulations are to editions in effect q
to date of proposals. Abbreviations are used for agencies issuinq standai
specifications as follows :
A.genc y Abbreviation
American Society for Testing
U .S. Government Fed. Spec.
National Board of Fire
American Institute of Steel
American Standards Association ASA
Underwriters Laboratories, Inc. IJL
Department of Commerce Standards cs
American Concrete Institute ACI
Standard Soecifications for
Materials ASTM
Underwriters NBFU
Construct ion AI sc
Public Works Contracts SSPWClStd Specs/Standard
Specifications
** * .', 'X
- 27 -
SPECIAL PROVISION/SPECIFICATIONS FOR SLURRY SEAL
Description
The slurry seal work consists of furnishing all labor, materi,
tools, equipment and incidentals necessary for the complete app
cation of Type I Slurry Seal.
Contractor will be responsible for notification of reside1
48 hours prior to applying slurry seal on their street. ''
Parking" signs will be posted 24 hours prior to starting of slu
seal. All notices will state the date and time of street closur
Materials - Asphalt. The asphalt emulsion shall be of
cationic, quick-set type, similar to QSKH, using a paving asph
with a penetration in the range of 64 to 70 as a base. It sh
meet the following specifications when tested according to app
priate ASTM methods.
Emu1 s ion. Test
Furol viscosity at 77 F. sec. 20-100 D244
Residue from distillation; % by weight 47 min. D244
Mixing test (job) sec. E! 70 F. 30 min.
Sieve test (% retained on No. 20) 10 max D244
Particle charge test Positive
Storage stability; one day settlement 1% max
Residue. Test
Penetration 40-110 D5
Solubility in carbon tet. % 97.5 min.
Ductility 77 F., CMS 40 min. Dl13
The Contractor shall furnish a certified statement from the ma
facturer of the emulsion giving the analysis of the percent'
of base asphalt used in its manufacture.
Water. Water used with the slurry seal shall be from any domes
supply approved by the City. The Contractor shall obtain a c
struction meter for water utilized during the construction un
this contract. The Contractor shall contact the appropri
water agency for permission and requirements. The Contrac
shall include cost of water and meter rental within appropri
private items of proposal. No separate payment will be made.
., 4 *'I ,I
- 28 -
Aggregate. The mineral aggregate shall be 100% crushed r
of angular, sound, durable, hard, resistant to abrasion and f
from laminations, weak cleavages and undesirable weatheri
It shall be of such character that it will not disintegrate f
the action of air, water or the conditions to be met in hand1
and placing and having a specific gravity of no less than 2.
All material shall be clean and free from deleterious impuriti
including alkalai, earth, clay and refuse. It shall have a mini
sand equivalent of 55 when tested according to ASTM Test Met
2419.
Grading of Aggregate. Percentage composition of weight of
aggregate shall conform with following gradation prior to
addition of any mineral fillers such as cement or lime.
Seive Size Percent Passinq
Type 1
318 100
4 100
8 90-100
16 65-90
30 40-60
50 25-47
15-30 100
200 10-20
Submittals.
1. Certified Laboratory Test Reports. Before delivery of materia
certified copies of the reports of all tests required in th
specifications shall be submitted to and approved by the Utilit
and Maintenance Director or his representative. The test
shall have been performed, at the Contractor's expense, by
independent laboratory approved by the Utilities and Maintena~
Department. Certified test reports are required for the followi
Wet track abrasion test will be performed in accordai
with State of California, Department of Transportatic
Division of Highways Test #355B.
2. Samples of Materials. Samples of materials to be used
the job shall be used to determine job mix and shall be availa
in sufficient quantity to produce not less than 30 pounds
emulsified asphalt slurry mixture.
L.
1 .'I I.
- 29
3. ob Mix Formula. A job mix formula Shall be submitted
and approved by the Utilities and Maintenance Director or 1
representative. The formula shall indicate the Wet Track Abras
resistance. Trial mixes shall be prepared to determine proportioi
evaluate measured wear and to observe surface texture, tackin1
and mix segregation.
Composition of Mix.
The Emulsified Asphalt Slurry Mixture shall have the follow
characteristics:
1. Resistance to Abrasion. Allowable wear of cured slurry I
as tested in accordance with the wet track abrasion test shz
not exceed 50. The cured slurry being tested shall not p
up on the roller of the apparatus.
2. Fluidity. The mixture shall be sufficiently free-flow
to fill cracks in the pavement,
3. Non-Segregation. The mixture shall not segregate dur
or after laydown.
4. Surface Texture. The mixture shall have a non-skid texture
Construction
Mixing shall be performed by a continuous flow mixing machii
Mixing shall continue until all particles are uniformly satura'
and coated with asphalt. Evidence of solidification of the aspha
balling or lumping of the aggregates, or the presence of uncoa.
aggregates, shall be cause for rejection of the mixture.
aggregate shall be at approximately atmospheric temperature z
shall not have a moisture content in excess of 5 percent by weigl
Mixture shall be of the "continuous flow" mixing type with calibra
controls, capable of accurately delivering a predetermined proport
of aggregate, water and asphalt emulsion to the mixing chambi
and to discharge the thoroughly-mixed product on a continuc
basis. The aggregate shall be pre-wet immediately prior to mix
with the emulsion. The mixing unit of the mixing chamber shz
be capable of thoroughly blending all ingredients without viol(
agitation. It shall be equipped with a pressure water sysl
and fog-type spray bar adequate for complete fogging of the surf
immediately preceeding the spreading of the slurry. It shz
have sufficient storage capacity to properly mix a minimum
I. ' .' .' 1,
- 30 -
twelve (12) tons of slurry. The emulsion storage tank of
mixing machine shall also be equipped with a convenient devic
calibrated in ten (10) gallon increments, to measure the quant
of emulsion actually used with each mixer load of slurry. Devil
used for metering and blending additives must be approved
the Utilities and Maintenance Director or his representatiy
If sulphate of ammonia is used as the retarding agent, it sh,
be introduced in liquid form.
Spreading.
General. No application of slurry shall occur until all d
patching, skin patching, crack sealing or other preliminary pavem
repairs have been completed. The surface of the pavement sh
be thoroughly cleaned and swept by the Contractor, no more tl
24 hours prior to the application of slurry seal. The applicat
of slurry shall be scheduled to commence after 7:OO AM and sh
be complete prior to 2:OO PM.
No street will remain closed after sunset, unless approved
the Utilities and Maintenance Director or his representative.
No slurry shall be applied when the weather forecast indica
a probability of rainfall or, when the air and pavement temperatu
are not higher than 50 degrees and falling. Slurry may be appl
when both air and pavement temperatures are 50 degrees and risi
The surface of the pavement shall be fogged with water direc
preceeding the application of the slurry. The slurry mixt
shall be of the designed consistency when deposited on the surf
and no additional elements shall be added. Total mixing t
shall not exceed four (4) minutes. A sufficient amount of slu
shall be carried in all parts of the spreader at all times
that complete coverage is obtained. No rippling, lumping, ball
or unmixed aggregate shall be permitted, nor shall segregat
of the emulsion and aggregate fines from the course aggrega
If the course aggregate settles to the bottom of the mix,
slurry shall be removed from the pavement. No excessive break
of the emulsion in the spreader box will be allowed, nor sh
the condition known as "skinning over" of the slurry. No stre
such as caused by oversized aggregate will be left in the finis
pavement. No additional water to be added after material lea
pug mill.
., ' ,a .' ',
- 31 -
Rate of Application.
The slurry seal shall be applied at a rate which shall provi
an average of 1500 square feet of coverage per ton; but not le
than 1400 square feet nor more than 1600 square feet. The ra
of application for each pass shall average twelve (12) poun
per square yard; but not less than ten (10) pounds more mo
than thirteen (13) pounds. The amount of slurry actually plac
on the pavement shall not vary more than 10% from the theoret
tonnage calculated for the pavement.
Joints.
No excessive build-up causing unsightly appearance shall be permitt
on longitudinal or traverse joints. Unless otherwise approve
the overlap at the joints will not exceed 2" and shall be feathere
no pavement will be made €or excessive unapproved overlaps. Join
between asphalt pavement and concrete pavement and/or concre
gutters shall be completely and neatly sealed without excessi
slop-over onto the concrete; any unsightly and objectional exce
shall be immediately removed. At street intersections, at t
beginning and end of work segments, the slurry is to be neat
spread or trimmed to a straight line defined by the near cu
lines of the street adjacent to the work.
Approved squeegees or lutes shall be used to spread slurry
areas inaccessible to the machine. Care shall be exercised
ensure the maximum rate of application with no excess, and leavi
no unsightly appearance. Texture of slurry spread by hand sha
match that which was applied by machine. Contractor shall
responsible for the removal of all excess emulsion spread beyc
slurry limits, on driveways, sidewalks, etc.
Slurry Spreading Equipment.
Attached to the mixing machine shall be a mechanical type squeec
distributor equipped with flexible material in contact with t
surface to prevent loss slurry and adjustable to assure a unifc
spread on varying grades and crowns. It shall be steerabl
adjustable in width, with a flexible strike-off. The box she
not cause grooving of the slurry by any of its parts. It she
be kept clean and build-up of material on the spreader will r
be permitted. The type of drag, linen or other textile, mu
be approved by the agency and it shall be cleaned or chanc
as frequently as needed or when so directed.
,
.I ' '* .' tI
- 32 -
Manhole and Water Valve Covers.
All metal manhole and water valve covers shall receive a hea
coating of a parting agent such as diesel oil, prior to slur
seal application. After the slurry seal has been applied a
cured, the Contractor shall remove all slurry seal material attach
to manhole and water valve covers.
Traffic Control.
The Contractor shall provide such flagmen and barricades as requir
to protect the uncured slurry from vehicular traffic, Any dama
to the uncured slurry shall be the responsibility of the Contractc
No Parking Signs. The Contractor will provide and install 1
away, no stopping and construction signs (#TC-R-30-S) €or I:
in posting streets in advance of the work. Signs shall be plac
at least 24 hours prior to commencement of work. Signs she
be posted at intervals of not more than 100 feet on both sic
of the block affected by the work.
The Contractor shall coordinate his construction schedule
as not to interfere with local garbage collection.
The Contractor will be responsible for notifying bus compan
and emergency (Police and Fire) personnel affected by the cons
uction.
Finished Surface guality.
Smoothness. The finished surface of the slurry seal shall
at least as smooth as the original pavement surface. Any cor
gations on the surface creating vibrations noticeable by passeng
in an automobile driving over the slurry sealed surface at le
speeds will result in rejection of the slurry seal construction
Removal and Resealing. Any slurry seal application that
been rejected shall be removed by cold planing to the origi
pavement. A new slurry seal application shall then be pla
on the pavement. Any placement of slurry seal rejected sh
be removed and replaced with the cost borne by the Contractor,
1- , i.
- 33 -
Measure and Payment.
slurry seal will be paid for at the contract unit price per squ;
foot as shown in the bid. Such price shall constitute full compc
sation for furnishing and placing of materials required to complc
slurry sealing pavement, including the preparation of surfac
patching, crack sealing, where required and for all labor, equipmei
tools and incidentals, needed to complete the work in conform.
with the plans and specifications.
4
iD ' 4L . I 'I
- 34
SPECIAL PROVISIONS/SPECIFICATIONS FOR OVERLAY PROGRAM
1. Work to Be Done
The work to be done cinsists of furnishing all labor, equipm
and materials and performing all operations necessary
complete the asphalt resurfacing of the following stre
as shown on the attached location map and as specified
these Special Provisions.
2. Street Closures, Detours, Barricades
The Contractor shall not close any street within the City
of Carlsbad without first obtaining the approval of the
Utilities and Maintenance Director or his representative.
Barricading, traffic control and detour diagrams shall
submitted by the Contractor as required by the Utilities
and Maintenance Director.
The Contractor shall provide and install barricades, delineator
warning devices, and construction signs in accordance with
Model Work Area Traffic Control Handbook (WATCH) prepared
the Southern California Chapter of the American Public Wo
Association. During adverse weather or unusual traffic or
working conditions, additional traffic devices shall be pla
as directed by the Utilities and Maintenance Director. All traf
signs and devices shall conform to the current State of Californ
Department of Transportation, "Manual of Warning Signs, Ligh
and Devices for Use in Performance of Work upon Highways," unl
otherwise approved by the Utilties and Maintenance Director.
The Contractor shall provide and maintain 48 inch-high reflectori
cones at 20 feet on center with ribbon along walkways of h
pedestrian use, so designated by the Construction Inspector.
During paving operations barricades may be supplemented H
minimum size 18 inch high traffic cones and delineators s
that spacing between barricades and/or cones or delineators
no greater than 25 feet. At all access points such as int
secting streets, alleys and driveways, barricades and/or cc
shall be provided at five-foot intervals so as to prevent vehici
access to the paving area. Where access from an intersecl
street is prohibited, a "Road Closed" sign shall be provi
at the nearest prior intersection. "NO Left Turn" sings sl
be provided wherever required by the Utilities and Maintena
Director or his representative.
* r't
(3, ,
- 31
when one-way access from a side street or alley is permitt
barricades and cones shall be provided at 5-foot intervals j
a distance of 50 feet on either side of the centerline of
intersecting street or alley.
Should the Contractor fail to furnish a sufficient number
traffic and/or pedestrian safety devices, the Utilities and Ma
tenance Director or his representative will place such necess,
items and the Contractor shall be liable to the City for provid
such devices in accordance with the following provisiions:
a) For placing barricades - $5.00 per barricade for the fi
day or any part thereof and $2.00 per barricade per 8
for each day thereafter or any part thereof.
b) For flashers - $2.50 per flasher for the first day or
part thereof and $1.00 per flasher per day for each
thereafter or any part thereof.
c) For traffic cones - $1.00 per cone for each day or any p
thereof.
d) In the event that the services of the City are requi
between the hours of 5:OO PM and 6:30 AM, during the nor
week or any time on Saturday, Sunday, or a City holid
there shall be an additiional charge of $26.00 for e
service trip required,
Judgement as to adequate or sufficient barricading shall be t
which is adequate or sufficient in the opinion of the Utilit
and Maintenance Director or his representative.
The Contractor shall relocate, preserve and maintain the visibil
of all existing signs within the project limits which aff
the flow of traffic, as directed by the Utilities and Mainteni
Director or his representative. Any signs which are damag
or removed by the Contractor during the course of construcl
shall be replaced by the Contractor at Contractor's expense
directed by the Utilities and Maintenance Director or his represt
ative.
3. Maintaining Traffic
The Contractor shall maintain one lane of traffic in each direc'
during the working hours of 8:30 AM to 3:30 PM and shall main'
full width of travel lanes of existing roadway during the hc
of 3:30 PM and 8:30 AM. On Saturday, Sunday and designated 11
\ .. ' ,< *I .I
- 3t
holidays, and when construction operations are not actively
progress on working days, the Contractor shall maintain all tra
lanes of the roadway. Any deviations of these requirements sh
be approved by the Utilities and Maintenance Director or 1
representative.
The Contractor shall insure that sole access routes to the businl
and residences along the streets to be resurfaced shall be maintai
unless otherwise approved by the Utilities and Maintenance Direc
or his representative and adequate notification given to I
affected property owner.
All costs related to the installation, maintenance and rem0
of traffic provisions and safeguards, shall be considered
included in the prices paid for the various contract items
work and no additional payment will be made therefor.
The Contractor shall coordinate his schedule so as not to interf
with local trash collection.
4. Asphalt Concrete
a) Asphalt concrete shall be Type 1-C-AR-4000 and shall conf
to the requirements of sections 203 and 302 of the SSP1
For sections where feathering is required, the Contrac
may, at the direction of the Utilities and Maintenance Direc
or his representative, use Type 1-E-AR-4000.
b) All asphalt concrete material shall be deposited and spr
on the prepared surface by means of an approved self-propel
mechanical spreading device. Use of a motor grader
spreading shall not be permitted.
c) All surfaces to be resurfaced shall be swept and clea
by the Contractor no more than 24 hours prior to the pav
operation.
d) Tack coat shall be SSI type asphaltic emulsion and sh
be applied at the rate of 0.12 gallons per square yard.
e) Asphalt concrete material shall be overlain to a mini
depth as specified except where it is to be feathered
the roadway edges.
f) The Contractor shall pave over the tops of all sewer
storm drain access holes and meter box covers. Covers sh
be treated to prevent adhesion of the asphalt concrete.
L1) ' << , ' /L - 37 -
g) All utility structures and covers shall be adjusted to gr
by the respective utility. The Contractor shall be responsi
for marking the location of all utility covers.
h) The unit price paid for asphaltic concrete shall be conside
as full compensation for all labor, equipment and materi<
and all things necessary to complete the work as shown
the plans and as specified in these specifications, E
no additional payment will be made therefor.
i) Payment for contract services, will be made only when
labor and material releases from supplier and employt
are received by the Utilities and Maintenance Director
his representative.
j) All cold joints left overnight or for long periods of t
will be cut at a 45 degree angle and tacked fully to ens
a proper bond and to minimize seam separation.
5. Petro Max
The contractor shall provide and install Petro Max in areas designa
for its use by the Utilities and Maintenance Director or
representative.
Compensation for all labor, equipment and materials and all thi
necessary to complete the installation shall be considered inclu
in the bid price and no additional payment will be made.
6. "No Parking" Signs
The Contractor will provide and install "TOW Away No Stoppi
construction signs, #TC-R 30-S, for use in posting streets
advance of the work. Signs shall be placed at least 24 ho
prior to commencement of work. Signs shall be posted at interv
of not more than 100 feet on both sides of the block affec
by the work.
Tow-away of any vehicles in violation of the "No Parking" si
will be handled by the Carlsbad Police Department. The C
assumes no liability in connection with movement of vehic
by the Contractor.
Temporary signing shall be removed as soon as the streets
ready to receive traffic and turned over the the Utilities
Maintenance Director or his representative.
t ,< t' .
- 37A -
~oor Knob Notices: Notwithstanding any other or concurrent not
fication by the City of paving operations, the Contractor wi
notify residences and businesses of street closure.
Door knob notices shall be left on or at the front door of ea
dwelling or commercial unit abutting the street to be aurface
This shall be done two days prior to placement of "No Parkin
signs. The Contractor shall be required to insert dates a
estimated times of closing and reopening streets to local traffi
Payment: Payment for the placement of the *No Parking" sig
and door knob notices shall be considered included in the b
price paid €or asphalt concrete and no additional payment wi
be made therefor.
7. Water
The Contractor shall obtain a construction meter for water utiliz
during the construction under this contract. The Contract
shall contact the appropriate water agency for permission a
requirements. The Contractor shall include cost of water a
meter rental within appropriate private items of proposal.
separate payment will be made.
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Esccmdido, Ca. 92026
COMPREHENSIVE FORM
PREMISES4PERATIONS
EXPLOSION AND COLLAPSE
WDlLY INJURY AND
COMBINED
COMPREHENSIVE FORM
BODILY INJURY AND
PRO 6396541 00 PROPERTY DAMAGE
RECONSTRUCT I ON OF VAR f OUS . %im
3088 85-13
NAME AND ADDRESS OF CERTIFICATE HOLDER: - DATE SSUED: CiM OF CARLSBAD
I200 Elm Avenue Carlsbad, Ea. 92008-1989
--\
n,
?*C
A .. .-
4 ..
.. .
1200 ELM AVE.. CARLSBAD, CA 92008 (619) 438-5552
2/04/85 FLAT FEE BUSfNESS LICENSE Ho, ~ 45e3
ISSUED TO (BUSINESS OWNER):
BARRY CONEN
2150 CENTRE CITY PKCJY #C ESCONDIDO, CA 92028 619-743-300
TO CONDUCT THE (BUSINESS CLASSlFiCATlON):
CEWERAt CDHTRACTOR
TOTAt
619-749-312
BARRY COHEt4
VCtLtEY CENTER, C&
92835 HIDE~~WY LME RoRr)
MAILING PAtQRAR GRADING & PAVING INC _. -
ADDRESS 2t50 CENTRE CITY PKtd'f #C ESCONDIDO, CA 92026
FEE-SCHEDULE PC80
e e *
I
1200 ELM AVENUE
CARLSBAD, CA 92ooai9a9
Office of the City Clerk
Cltp of Cwrlsbab
April 15, 1986
Palomar Grading & Paving
2150 Centre City Parkway, #C
Escondido, CA 92026
Re: Bond Release - Slurry Seal and Overlay Program
Per instructions from the Utilities/Maintenance Department
we are releasing the Labor & Materials Bond, Fairmont
Insurance Company Bond No. FB 008089, for the above
referenced project. $%z- Deputy City Clerk
Enc .
w!&ITE IT-DON’T SAM IT INTER-DEPARTMENT MEMORANDL
AM
TO Joe E. DATE 3-21 19 86 P. M.
U/M Dept .
Re: Bond Release for Palomar Grading & Paving
(Slurry Seal)
Our records indicate that it is time to release the Labor
ti Materials Bond for the above contract. Need your approval
to release. Please notify.
Thanks. 3/22/%&
Karen a.4- Lkf
.To 2 City Clerk‘s Office
a C---z.&L c- fc ?2fiAG7 r 4 71 LzL
REPLY ON THIS SHEET FROM
STANDARD INTER DEPT. MEMO FORM 11 -2 WlLMER “SERVICE’ kNe
e e
1200 ELM AVENUE
CARLSBAD, CA 92008-1989 0
Office of the City Clerk
citp of Carls’bab
November 1, 1985
Palomar Grading & Paving
2150 N. Centre City Parkway, BC
Escondido, CA 92026
Re: Bond Release - Slurry Seal and Overlay Program
The Notice of Completion for the above referenced contract has
recorded. Therefore, we are releasing 75% of the Performance
Bond for the project. Please consider this letter as your
notification that we are releasing $549,179.62 of the Performance
Bond, Fairmont Insurance Company Bond No. FB 008089. We are
required to retain the remaining 25% for a period of one year.
At that time, if no claims have been filed, it will be released.
The Labor & Materials Bond No. FB 008089 will be released six
months from the date of recordation of the Notice of Completion,
on March 13, 1986.
Tfl I/ /3kJR. /l KU Ay3-
-.‘ Deputy City Clerk
y L 539 a 85-337222 Kecoraing Keques-cea .tsy an KeKurn IO: City Clerk 1200 Elm Avenue
Carlsbad, CA 92008 w.*w -*I I-- f+ECOFiDEDc!;$ ~, !
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NOTICE OF COMPLETION
biN L. LYLE ' COUFW~ RECORDER UTILITIES & MAINTENANCE
To All Laborers and Material Men and to Every Other Person Interested:
YOU WILL PLEASE TAKE NOTICE that on August 14, 1985
the Utilities and Maintenance project consisting of slurry sealing and overla
various street locations
on which Palomar Grading and Paving, Inc.
was the contractor, and Fairmont Insurance Company
was the surety, was completed.
CITY OF CARLSBAD
VERIFICATIOK OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of said Cit
on /o /9f5-- accepted the above described work as comple
and ordered that a Notice of Completion be filed.
U
f declare under penalty of perjury that the foregoing is true and correct
Executed on // /9f.3- at Carlsbad, California.
1-
CITY OF CARLSBAD
l2!42kA"/Qd City Clerk
n, m e
1200 ELM AVENUE
(1 CARLSBAD, CA 92008-1989
Office of the City Clerk
Citp of Carl$bab
September 11, 1985
Vera L. Lyle
County Recorder P.O. Box 1750 San Diego, CA 92112
Enclosed for recordation is the following document:
Notice of Completion - Utilities/Maintenance
Palomar Grading and Paving; Slurry Seal and
Overlay of Various Street Locations
Our staff has determined that the recordation of this
document is of benefit to the City; therefore, it is
requested that the fees be waived.
Thank you for your assistance in this matter.
?5%3N2FZY eputy City Clerk d
Enc .
e Recording Requested By an eturn 'Yo:
1200 Elm Avenue
Carlsbad, CA 92008
City Slerk m
NOTICE OF COMPLETION
UTILITIES & MAINTENANCE
To All Laborers and Material Men and to Every Other Person Interested:
AuPust 14. 1985 YOU WILL PLEASE TAKE NOTICE that on
the Utilities and Maintenance project consisting of slurry sealing and overla
various street locations
on which Palomar Grading and Paving, Inc.
was the contractor, and Fairmont Insurance Company
was the surety, was completed.
CITY OF CARLSBAD
q"d A Ut' ties 2% Maintenance Dir
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad; the City Council of said Cit
on /o /Y 83- accepted the above described work as comple
and ordered that a Notice of Completion be filed.
Y J
I declare under penalty of perjury that the foregoing is true and correct
Executed on A // /9 f< at Carlsbad, California.
CITY OF CARLSBAD
City L2.42d&/Qd Clerk
0 0
June 18, 1985
TO: City Clerk
FROM: Purchasinc; Officer
fiE: Palomar Grading & Paving, Lnc.
Contract No. U/M-6 - Slurry Seal and Overlay Program
Attached are four copies of the above referenced contract ready for
execution of signatures in the followinq order:
1. City Attorney
2. Mayor
3. City Clerk
After execution of signatures, retain one copy for your files along
With the original insurance certificate and return the remining three
to Purchasing for process completion.
’ .I w Lklhi- QJ-iY+- q i Ruth Fletcher
ct
ORE tPISURANCE AGENCY
San Dlego, Californfa 92'120
ompany per expiring policy # (except as no
eratiQla/\leQliCieS/~~Q~~~y
2150 N. Centre Ctty Parkway #C
EscondTdo, Cal ifornle 92026
iprehensive-DeducZible $
iston-Deductible
isured Motorist
Properly Damage
Bodily Injury & Property Damage
Combined
NIPLOYERS' LIABILITY - Limit
~~~~~O~~l~~~~~~ COVERAGES JOB: #1) Contract # U-M-4 - Various Alleys
LOSS PAYEE ADD L INSURED
LOAN NUMBER City of Carl sbad
1200 Elm Avenue
* Carlsbad, Ca. 92008
w w
c 0 N DIT 18 N s
This Company binds the kindis) of insurance stipdlated on the reverse side This insurance IS subject
to the terms, conditions and limitations of the policyiiesl in current use by the Company
This binder may be cancelled by the Ifisured by surrender of this birlder or by written notice to the
Compary stating wien cancellation will be effective This binder may be cancelled by the Company
by iwce to It-e Iisdred in accordance with the policy conditions This binder IS cancelled when
replaced oy a policy If this binder is not replaceG by a policy the Company is entitled to charge a
D:em dm for tne binder according to the Rules and Rates in use by the Company
s
., e e
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING RrDs
Sealed bids will be received at the Office of the Purchasing Agent, City Wall
1200 Elm Avenue, Carlsbad, California, until 4:OO PM on the 7th day of May, I!
at which time they will be opened and read for performing the work as follows
1985 SLIJRRY SEAL AND OVERLAY PROCRAM
CONTRACT NO. U/M-6
The work shall be performed in strict conformity vith the specifications
therefor as apuroved by the City Council of the City of Carlsbad on file in t
lltilities and Maintenance Department. Seference is hereby made to the
specifications for full narticulars and description of the work.
No bid will be received unless it is made on a uroposal form furnished by the
Utilities & Maintenance Director. Each bid must be accompanied by security i
form and amount required by law. The bidders' security of the second and thi
next lowest responsive bidders may be withheld until the contract has been fL
executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten days after the contract is award
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. Ridder's Statement of Technical Ability and
Experience
All bids will be compared on the basis of an engineer's estimate. The estimt
quantities are approximate and serve solely as a basis for the comparison of
bids.
No bid shall be accented from a Contractor who has not been licensed in
accordance with the provisions of State law. The Contractor shall state his
her license number and classification in the proposal.
The engineer's estimate is $906,256.00.
-
c 0 e
Page i
One set of plans, special provisions, and contract documents may be obtained (
the Purchasing Department, City Hall, 1200 Elm Avenue Carlsbad, California, a\
no cost to licensed contractors. Additional sets may be obtained for a
specified fee per set.
The City of Carlsbad reserves the riqht to reject any or all bids and to waivc
any minor irregularity or informality in such bids.
The qeneral prevailing rate of wages for each craft or type of worker needed
execute the contract shall be those as determined by the Director of Industri
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 curre
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 tha
the said specified prevailing rates of wages to all workers employed by him o
her in the execution of the contract.
The Prime Contractor shall be responsible to insure compliance with provision
of Section 1777.5 of the CaLifornia Labor Code.
The provisions of Part 7, Chapter 1 of the California Labor Code commencinq w
Section 1720 shall apply to the contract for work.
A me-bid meeting will be held on Thursday, May 2, 1985 at 9:OO AM at the
Utilities and Yaintenance Department Office, 405 Oak Avenue, Carlsbad.
Project site should be toured by potential bidders prior to me-bid meeting.
Bidders are advised to verify the issuance of all addenda and receipt thereof
one day prior to bidding. Submission of bids without acknowledgment of adder
may be cause for rejection of bid.
Bonds to secure faithful oerformance of the work and payment of laborers and
materials suppliers each in an amount equal to one hundred percent (100%) of
contract price shall be required for work on this project.
Approved by the City Council of the City of Carlsbad, California, by Resolutj
No. m, adopted on the jd-5 day of &iH/L 9 I%Es--
& /7/yRZ -_
14 ate& *