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HomeMy WebLinkAboutScibilia & Sons; 1981-07-03; 1090CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR PASEO DEL NORTE SUBDRAINS CONTRACT NO, 1090 MAY, 1981 TABLE OF'CONTENTS PAGE ITEM 1 NOTICE INVITING BIDS 3 PROPOSAL 6 • BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS . 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE . 11 CONTRACT 14 LABOR AND MATERIAL BOND ' • • 16 PERFORMANCE BOND 18 GENERAL PROVISIONS 25 SPECIAL PROVISIONS Page 1 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 p.m. on the 3rd day of June . , 19 81, at which time they will be opened and read for performing the work as follows: PASEO DEL NORTE SUBDRAINS CONTRACT NO. 1090 Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Refer- ence is hereby made to said specifications for full particulars and description of said work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of bid; said guaranty to be for- feited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid re- quirements. The documents included within the sealed bids which require completion and execution are the following: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience Said documents shall be affixed with .the- appropriate nota- rized signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the presi- dent or vice-president and secretary or assistant secretary are required and the corporate seal shall be affixed to all docu- ments requiring signatures. In the case of a partnership, the notarized signature of at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated, quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business and Professions Code. The contractor shall state fris/her license number and classification in the pro' posal. The estimated cost of the work is $68,754. 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 $10 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 work 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 (1001) 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. SSQS adopted on the sth day of May > 19 8.X_« w-.....,DATE Page 3 CITY OF CARLSBAD CONTRACT NO. 1Q90 ' y PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 BEKSPc 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. 1090 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: .item Article with Unit Price or No. Lumt) Sum"Written-in .Words Approximate Unit Quantity 5 Unit Price TOTAL 3" Asphalt Concrete at • -J _Do liars Cents per ton 4" Drain Pipe at a per lineal foot Dollars Cents 835 TONS 3,977 L.F. Addcndum(a) No(s). is/arc included in tlus proposal. has/have"been received and - .T. I -i~ .. ..0. L Page 4 All bids are to be computed on the basis of the given es- timated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a dis- crepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the cor- rected extension shall be calculated 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- cies within twenty (20) days from the date of award of contract by City Council. of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, Li- cense No. A 352. ~L^>^> > Identificationx -\ - ,. - tE^e. — *. — . The undersigned bidder hereby represents as follows: (1) That no Councilperson, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this, contract, or the compensation to be paid hereunder; that no • representation, oral or in writing, of the City Council, its of- ficers, agents or employees, has induced him/her to enter into -this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and (2) that this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is _Blp_ ____ (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 workers1 compensation or to undertake .self -insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Page 5 Phone Number \ -3- -#/ .. Date Bidder's Addr'ess Gr e <o eret 1 r t ^Q Co t^ Bidder ' s Name / Authorized Signature - . : (seal) Authorized Signature Type of Organization •(Individual, Corporation, Co- partnership) " ' . List belov; names of President, Secretary, Treasurer and Manager if a corporation, and names of all co-partners if a co-partnership: »- ,s c OFFICIAL SEAL CHERYL SCIBILIA NOTARY PUBUC-CAtlFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 21, 1985 ATTAQI NOTARIAL ACKN01\^EDGB.'IENT OF PRINCIPALS tY Acknowledgement of Surety State of California ) County of San Diego ) On this 2nd day of 198\ before me personally appeared Robin S ._Westfall , known to me to be the Attorney-in-Fact of Insurance Company of the West and acknowledged to me that -he executed the within instrument. In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first written above. OFFICIM. SEAL BRENDA G. FERTILE NOTARY PU8UC • CALIFORNIA Princlptl Office in S«n Diego County My Commission Exp. Sept. 23,1983 ICW 315 (9/76)Notary Public Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL Bond No. 385124 KNOW ALL PERSONS BY THESE PRESENTS: That we, and INSURANCE COMPANY OP THE WEST SCIBILIA & SONS GENERAL ENGINEERING CONTRACTOR, INC. • _. _ , as Principal, ___ _ , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum Of TEN PERCENT OF THE AMOUNT BID ————— '. • (ft 10% OF BID AMOUN)?, lawful money of the United States for the pay- ment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: Paseo del Norte Sub-drains - Contract 1090 in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal 'shall duly enter into and execute a contract including required'bonds and insurance policies within twenty (20) days from the date of award of con- • tract by the City Council of the City of Carlsbad, being duly . notified of said award, then this obligation'shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Prin- cipal shall not exonerate the Surety from its obligations under this bond. . IN WITNESS WHEREOF, we hereunto set our<hands and seals this 2nd . day of JUNE » 19 81 . • • Corporate Seal (if corporation) SCIBILIA s SONS GENERAL ENGINEERING CONTRACTOR'Principal • ™<"INC. INSURANCE COMPANY OF THE WEST Surety By ' T TitleROBIN S. WESTFALL, ATTORNEY-IN-FACT . Attach acknowledgement of Attorney in Fact Mo t a r i a 1 ac k n owlc dpc men to f c xe cu.tjon^by all PRINCIPALS ancT SUlu:.fY'"must be attached Attach Power of Attorney Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: ROBIN S.WESTFALL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ' This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys- in-Fact and revoke the Power of Attorney give- him or her; and be it further . "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Sixth day of June , 19__Z!— INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA \ COUNTY OF SAN DIEGO On this Sixth day of SS: June .A.D., 19 78 t before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came JAMES B. RATHBUN President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and _that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL SEAL CAROLE POWER NOTARY PUBLIC - CALIFORNIA Principal Office, San Diego Co. Calif. My Commission Exp. Oct. 10, STATE OF CALIFORNIA) COUNTY OF SAN DIEGO SS: Richard S. King Notary Public . Secretary of the Insurance Company of the West, do hereby certifyI, the undersigned, that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation; this 2hd day Of June 19_81 ICW CAL 37 Page 7 ' -DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the Public Works Administrator, and' in accordance with applicable provisions of the specifications. No . changes may be made in these subcontractors except upon the prior approval of the Public Works Administrator of the City of Carlsbad. The following information is required for each subcontractor. Ad- ditional page can be attached if required. Item(s) of Work Full Company Name Complete Address with 7.-5n Code Area CodePhone No. Page 8 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to 'provide the following information on the subbids of all the listed subcontractors as part of the sealed .bid submission. Additional page can-be attached if required. Full Company Name . Type of State Carlsbad Amount Contracting .Business of License & No. License No.* Bid ($ or *n *Li2enses are renewable annually by January 1st. If no valid li cense indicate "none." Valid license must be obtained prior to submission of signed contracts. . . (NOTARIZE OR CORPORATE" oEALj' Co Bidder's Company Name ' 2 2^47. oYi zed Signature .Bidder's Complete Address Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. t . Sijgnaturei (NOTARIZE OR CORPORATE SEAL) Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ORIGINAL 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. ciry OF gscoN-'£>io£) . /.ftffgv t+oB&otJ, eer. ~ . (NOTARIZE OR CORPORATE SEAL) Page 11 CONTRACT 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 tclbMU t tout 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: Paseo del Norte Sub-drains - Contract 1090 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 the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be en- countered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by .or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne • by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Con- tractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the * Page 12 specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ./ 4.. The notice to bidders, instructions to bidders, con- tractor's proposal, and the plans and specifications, and all amendments thereof, when approved by the parities hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made a part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to exe- cute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by ref- erence herein. 6. The Contractor shall assume the defense of and indemni- fy and hold harmless'the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever'the same may be caused, resulting directly or indirectly from the nature 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 workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the 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 in Paragraphs 7 and 8 or proof of workers' compensa- tion self-insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof Page 13 shall be settled by arbitration in accordance with the con- struction industry rules of the American Arbitration Associa- tion and judgment upon the award rendered by the arbitrator(s) may be entered 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.) APPROVED AS TO FORM: Daniel S. HentsdHke^ Assistant Sclblll* 6 Sons Contractor By (seal) Title CITY OF CARLSBAD, CALIFORNIA ByrMayor ATTEST: Clerk/ ACKNOWLEDGEMENT OF PRINCIPALS S1ATE OP CALIFORNIA COUNTY OF SAN DIEGO On this 3rd day of JULY. 1981. before me personally appeared John M", Scibilia and John Scibilia. known to me to be President, Secretart-Treasurer respectively of Scibilia & Sons and acknowledged to me that they executed the within instrument* In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first written above. OFFICIAL SEAL CHERYL SCIBILIA NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 21, 1985 . BOND #392969 Page 14 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. 6572 adppted June 16, 1981 _ ' has awarded to Scibilla & Sons _ ' _ _ __, hereinafter designated as the "Principal", a contract for: Paseo del Norte Sub-drains - Contract 1090 . 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: C. NOW, THEREFORE, WE Sribilia £ Sons as Principal, hereinafter designated as Contractor, and insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum of Forty • Thousand Seven Hundred Thirty Eight and 50/100 —"Dollars C$*tQ.738.50 )• » •" •" • ••"• '" ' " i"111"" i—i — — * i"— '•"• JK "i •• •" •'— "i™ ' "• ii i ' .—••^•.- in"—i BUI • i i 111 * ni 11- i - said sum being fifty percent (501) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State .of California. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page 15 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Gov- ernment Code of the State of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations.or ad- ditions to the terms of the contract or to the work to be per- formed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does-hereby waive notice of ,any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event any .Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the 3Qilh day of JUNE , 19 81 (Notarial acknowledgement,SCIBILIA & SONS GENERAL ENGINEERING CONTRACTOR, INC. of execution by ALL : PRINCIPALS must be , ,' * * .. (seal) attached.) Contractor INSURANCE COMPANY OF THE WEST (seal) • BYi o ^l j.J( UJi __ • ROBIN S- WESTFALL, ATTORNJ-IN-FACT Surety * • Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. Acknowledgement of Surety State of California ) County of San Diego ) On this 30th day of June Robin S. Westfall 1981 before me personally appeared known to me to be the Attorney-in-Fact of Insurance Company of the West and acknowledged to me that s-he executed the within instrument. In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first written above. OFFICIAL SEAL CECILY M. GIPSON NOTARY PUBLIC • CALIFORNIA Principal Offict In San Diego County My Commission Exp. April 6.1984 ICW 315 (9/76)Notary Public STATE OP CALIFORNIA COUNTY OP SAN DIEGO ACKNOWLEDGMENT OP PRINCIPALS On this 3rd day of July, 1981. "before me personally appeared, John M. ScTbilia and John Scibilia, known to me to be President, Secretary-Treasurer respectively of Scibilia and Sons and acknowledged to me that they executed the within instrument, In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first written above. OFFICIAL SEAL CHERYL SCIBILIA NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Jan. 21, 1985 NOTARY P INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: ROBIN S.WESTFALL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Thirteenth day of MaY , 19 80 . PANY OF THE WEST President STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this Thirteenth Hay of MaV A.D., 13 80 , before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL SEAL CAROLYN STONE NOTARY PUBLIC • CALIFORNIA Principal Office in San Diego County My Commission Exp. April 15,1983 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned,Richard S. King -Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 30th of ICW CAL 37 (REV. 5/80) BOND #392969 PERFORMANCE BOND ' KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6572 adopted jlinp i&. 1981 has awarded to Scibilla 6 Sons . . hereinafter designated as the "Principal", a contract for: Paseo del Norte Sub-drains - Contract 1090 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, Scibilia & Sons , as Principal, hereinafter designated as the "Contractor", and Insurance Company of the Wqst ( as Surety, ,%- are held and firmly bound unto the City of Carlsbad, in the sum Of Eighty One Thousand Four Hundred Seventy Seven and no/100 --Dollars ($£1,^77.00 )» 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 tci 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 docs hereby waive Page 17 notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 30th day of JUNE , 19 81 . (Notarial arV™w1»doiMn»ntSCIBILIA & SONS GENERAL ENGINEERING CONTRACTOR, INC. of executi PRINCIPALS attached.) of execution by ALL /; ,-. fseall PRINCIPALS must be _ I /H, '7/H Contractor INSURANCE COMPANY OF THE WEST C /O (seal)~'BY; ROBIN S./WESTFALL, ATTORNEySaN-FACT Surety Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. ACKNOWLEDGEMENT OF PRINCIPALS STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 3rd day of July. 1981, before me personally appeared, John M. Scibilia and John Scibilia, known to me to be President, Secretary-Treasurer respectively of Scibilia and Sons and acknowledged to me that they executed the within instrument. In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first written above. OFFICIAL SEAL ; CHERYL SCIBILIA i NOTARY PUBLIC-CALIFORNIA i PRINCIPAL OFFICE IN '< SAN DIEGO COUNTY ; My Commission Expires Jan. 21, 1985 Acknowledgement of Surety State of California ) County of San Diego ) On this 30th day of Robin S. Westfall" June 1981 , before me personally appeared _, known to me to be the Attorney-in-Fact——— j .•». iw»»i i v.w 11 iv. ov/ U/VT uiic n L. uu r r 1C j — 1 i of Insurance Company of the West and acknowledged to me that s-he executed thewithin instrument. In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first written above. VyWWWWWWWWWVWWVWWOFFICIAL SEAL CECILY M. GIPSON NOTARY PUBLIC • CALIFORNIA Principal Office In San Diego County My Commission Exp. April 6.1984 ICW 315 (9/76)Notary Public INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: ROBINS. WESTFALL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this Thirteenth day of May PANY OF THE WEST President STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: On this Thirteenth Hay of MaV A.D., 19 80 , before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL SEAL CAROLYN STONE NOTARY PUBLIC • CALIFORNIA Principal Office in San Diego County My Commission Exp. April 15.1983 STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned,Richard S. King -Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this. Hay nf June 19 81 ICW CAL 37 (REV. 5/801 Page 18 GENERAL PROVISIONS 1. PJLans and Specifications . The specifications for the work shall consist of the 1979 edition of the Standard Spec ificat ions .for Public Works Construc tion (hereinatter"designated SSPWCT]as issued by the Southern California Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWG, the contract documents and the General and Special Provisions attached thereto. i The Construction Plans consist of 5 sheet(s) designated as City of Carlsbad Drawing No. 206-4- The standard draw- ings utilized for this project.are the San Diego Area Regional Standard Drawings (hereinafter designated SDRS) as issued by the San Diego County Department of Transpor- tation, together with the City of Carlsbad supplemental Stadard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. Work to Be Done The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on -he project plans and as specified in the specifications. 3. Definitions and Intent .A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. B. Reference to Drawings^ Where the words "shown", "indicated", "detaffed", "noted", "scheduled" or words of similar import are used, it shall be under- stood that reference is made to the plans accompany- ing these provisions unless stated otherwise. ^' Directions: Where the words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City I7,ngineer" unless stated otherwise. Page 19 I). " Equals and Approval s : Where'the words "equal". *" , . "approved equal", "equivalent" and such words of "**** . similar import are used, it shall be understood such words are followed, by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engine.er is intended. . E-. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools ; and equipment, and further, including the furnishing and installing of materials that .are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equip- ' ment and transportation. 4. Codes and Standards Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be . understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. Construction Schedule A construction schedule is to be submitted by the Contrac- tor per Section 6-1 of the SSPWC at the time of the pre- construction conference. Coordination with the respective utility company for re- moval or relocation of conflicting utilities shall be the responsibility of the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall dili- gently prosecute the work to completion within 3O con- secutive calendar 'days from the date of receipt of said "Notice to Proceed." . - 6. Nonconforming Work The Contractor shall remove and replace any work not con- forming to the plans or specifications upon written order by the City Engineer. Any cost caused by.reason of this nonconforming work shall be borne by the Contractor. Page 20 Guarantee All work shall be guaranteed for one year after the filing of a notice of completion and any faulty work or materials discovered during the guarantee period shall be repaired or replaced promptly by. the Contractor. 8. Manufacturer's Instructions Where installation of work is required in accordance with .the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies.to the City Engineer. 9. . Internal Combustion Engines " . All internal combustion engines used in the construction ;• shall be equipped with mufflers in good repair when in use on the project (with special attention to City Noise Con- trol Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48). 10. City Inspectors All work shall be under the observation of a City Construc- tion Inspector. Inspectors shall have free access to any •or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not. relieve Contractor from any obligation to fulfill this contract. 11. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be in- serted herein and the contract shall be read and enforced as though it were included herein, and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be .physically amended to make such insertion or correction. 12. Intent of Contract Documents The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of Page 21 the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not re- lieve her/him of the responsibility of compliance. 13. Substitution of Materials The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or pro- cess indicated or specified by patent or proprietary names or by names of manufacturer which-she/he considers equal • in every respect to those indicated -or specified. The offer made in \vrr it ing, shall include'proof of the State Fire Marshal's approval (if required), all necessary infor- mation, specifications and data. If required, the Contrac- tor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemi- cal or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be .equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substi- tution proposals shall be made prior to beginning of con- struction, if possible, but in no case less than 10 days prior to actual installation. 14. Record Drawings The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all.other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. Permits The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. Page 22 *> •"• ^* Quantities in the Schedule ........... The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated; no claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being en- titled only to compensation for the. actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with.unpredicted conditions, .unforeseen events, or emer- ••"•'• gencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to en- tirely omit the performance thereof, and upon the decision of the City to so do, the City Engineer will direct the Contractor to proceed with the said work -as so modified. If.an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extention of time. ^^• Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws'and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safe- guards for the protection of workers and public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. Water for Construction . The Contractor shall obtain a construction meter for water utilized during the .construction under this contract. The Contractor shall contact the appropriate water agency for requirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. Page 23 Street Closures, Detours, Barricades The Contractor shall not close any street within the City of Carlsbad without first obtaining the approval of the City Engineer. Barricading, traffic control, and detour diagrams shall be submitted by the Contract- or as required by the City Engineer. The Contractor's attention is directed to the traffic control require- ments of the Special Provisions. The Contractor shall provide and install barricades, delineator warning devices, and construction signs in accordance with the Model Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic .or working conditions, additional traffic devices shall be placed as directed by the City Engineer. All traffic signs and devices shall conform to the current State of California, Department of Transportation, "Manual of Warning Signs, Lights, and Devices for Use in Per- formance of Work upon Highways", unless otherwise approved by the City Engineer. <" 'The Contractor shall provide and maintain 48 inch high reflectorized cones at 20 feet on center with ribbon along walkways of high pedestrian use, so designated by the Engineer. During paving operations barricades may be supple- mented with minimum size 18 inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than 25 feet. At all access points such as intersecting streets, alleys, and driveways, barricades and/or cones shall be provided at 5 foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is' prohibited, a "Road Closed" sign shall be provided at the nearest prior intersection. "No Left Turn" signs shall be •provided wherever required by the City Engineer. When one-way access from a side street or alley is permitted, barricades and cones shall be provided at 5_foot intervals for a distance of 50 feet on either side of the centerline of the intersecting street or alley. Page 24 Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City Engineer will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the follow- ing provisions: a. For placing of barricades - $5.00 per barricade for the first day or any part thereof and $2.00 per barricade per day for each day thereafter or any part thereof. b. For flashers - $2.50 per flasher for the first day-or any part thereof and $1.00 per flasher per day for each day thereafter- or any part thereof. c. For traffic cones - $1.00 per cone for each day or any part thereof. d. In the event that the services of the City are required between the hours of 6:00 p.m. and 7:00 a.m., during the normal week or at any time on Saturday, Sunday, or a City holiday, there shall be an additional charge to the above set forth minimums of $25.00 for each service trip required. Judgment as to adequate or sufficient barricading shall be that which is adequate or sufficient in the opinion of the Engineer. The Contractor shall relocate, preserve, and maintain the \risibility of all existing signs within the project limits which affect the flow of traffic, as directed ,by the City Engineer. Any signs which are damaged or found to be missing during the course of construct- ion shall be replaced by the Contractor at'his expense as dij:ected by the City Engineer. All other signs that interfere with the course of work and are not necessary for the safe'flow of traffic will be removed and replaced by the City. Traffic control signs in- clude Stop Signs, Speed Limit, Parking Restrictions, and other regulatory signs. Page 25 CITY OF CARLSBAD CONTRACT NO. 1090 SPECIAL PROVISIONS 1. Dust Control The Contractor shall furnish a water supply vehicle on the job site. The Contractor shall apply water in the amounts and at intervals as directed by the Engineer. The water supply vehicle and an operator shall be avail- able upon a reasonable notice as determined by the Engineer for after hour, weekend, or holiday dust control work. If the Contractor is not available for dust control measures, the City may arrange for the work to be per- formed by others and will deduct all equipment, labor and material costs thereof from the contract amount. The Contractor shall furnish a street sweeper vehicle on the job site and shall sweep areas as directed by the Engineer. All costs involved for dust control, including supplying and operating water supply vehicles and street sweepers, shall be absorbed in other items of work. 2. Traffic Control Traffic control shall be the responsibility of the Contractor. The Contractor shall maintain at least one lane of traffic in each direc- tion during all phases of the construction operation. On Saturday, Sunday and designated legal holidays and when construction operations are not actively in progress on working days, the Contractor shall maintain all travel lanes of the roadway. Any deviations of these requirements shall be approved by the Engineer. The Contractor shall insure that public vehicular access to the businesses along the construction site is to be maintained at all times, unless spe- cific written permission to the contrary is obtained from the property owners. All costs related to the installation, maintenance and removal of traffic provisions shall be considered as included in the prices paid for the various contract items and no additional payment will be made therefor. 3. Pub!ic Noticing "No Parking" Signs; The City will provide the Contractor with "No Parking by Order of Police Department" signs for use in posting streets in advance of the work. Signs shall be placed at least 2A hours prior to commencement of work by the Contractor at intervals of no more than 100 feet on both sides of the block affected by the work. Page 26 Tow-away of any vehicles in violation of the "No Parking" signs will be handled by the Carlsbad Police Department. The City assumes no liability in connection with movement of vehicles by the Contractor. Temporary signing shall be removed as soon as the streets are ready to receive traffic and turned over to the Engineer. Notice to Affected Property Owners and Business: The Contractor shall provide the Engineer with sufficient notice so that affected property owners can be notified in advance of start-up and of changes in Contractor's op- erations affecting property owners' businesses. Payment: Payment for the placement of the "No Parking" signs and noticing shall be considered included in the bid prices paid for the various items of work and no additional payment will be made therefor k. Use of Pavement Saws The asphalt pavement shall be saw cut at all join locations as directed by the public works inspector. Payment for all saw cuts shall be considered included in the cost of the various items of work and no additional payment will be made therefor. 5- Pavement Removal Asphalt removals shall be done in accordance with Section 300-1 of the SSPWC. All asphalt removed shall become the responsibility of the Con- tractor. Asphalt disposals shall be done at a legal site. Payment for asphalt removal and disposal shall be considered included in the costs for the asphalt concrete and no additional payment will be made therefor. 6. Trenches and Trench Materials All trenches shall conform to the requirements of Section 306 of the SSPWC and to these special provisions. Backfill excavations as construction operations permit, but not before all work to be covered has been inspected and approved by the public works in- spector. Backfill material shall be freely-draining 3A" maximum, crushed miscellane ous base, with no more than one-percent passing the #30 sieve. Backfill compaction shall be a minimum 30% of maximum dry density. Backfill material shall be submitted to the Engineer for approval prior to placement. Payment for the trenching and supplying and placement of the backfill ma- terial shall be considered included in the unit price bid for drain pipe and no additional payment will be made therefor. Such payment includes base material under surface of replacement A.C. Page 27 7. Installation of Drain Pjpes All plastic drain pipes and their connections shall conform to the requirements of Section 207-16 of the SSPWC and to these special provisions. All perforated drain pipe shall be 4" SDR 25. All collector drain pipes shall be 4" SDR 35 without perforations, as shown on the plan. Pipe shall be joined with a solvent cement joint as specified in Section 207-16.3.3. Pipe connections to concrete pipes shall be completely sealed with mortar in a manner acceptable to the public works inspector. Payment for the perforated drain pipes, including pipe connections, trenching and backfill and filter fabric, shall be considered in- cluded in the unit price bid for this item and no additional payment will be made therefor. Payment for the collector drain pipe, including pipe connections, trenching and backfill, shall be considered included in the unit price bid for this item and no additional payment will be made therefor. 8. Filter Fabric Filter fabric shall be placed in the trench prior to placement of oioe in the trench. The contractor may, with the approval of the En- gineer, substitute a pre-made product Kith the appropriate filter characteristics. Payment for the filter cloth placed in trench shall be considered in tne unit price bid for the perforated pipe and no additional pay- ment will be made therefor. 9. Asphalt Concrete Asphalt concrete shall be Type 1-B-AR 4000 and shall conform to the requirements of Sections 203 and 302 of the SSPWC and to these special provisions. Prior to placement of asphalt surfacing, the base material shall be smoothed to a uniform surface as approved by the public works inspector. A prime coat shall be applied to the surface of the aggregate base at the rate of 0.25 gal/sy. The prime coat shall be grade SC 250. A tack coat shall be applied on abutting concrete surface and along the saw cut line at the rate of 0.10 gal/sy. The tack coat shall be Type SSI asphaltic emulsion. Page 23 Compensation for the asphalt concrete paving, including asphalt and concrete removals, smoothing the base, and prime and tack coats, shall be included in the base price for this item and no additional compensation will be made therefor. > 10. Slurry Seal The slurry mixture and application shall conform to the following: Emulsion Properties Viscosity @ 77°F., Saybolt-Furol Residue by Distillation Sieve Test, Retained on 20 mesh Particle Charge, Electroplate Residue Properties Penetration @ 77°F. Solubility in Trichlorethylene Ductility @ 77°F. Test Reports and Certification ASTM Limits D-2kk D-2kk 20-100 Sec. 571 Min. 0.10% Max. All Negative/All Positive D-5 40-110 Sec. D-165 97-5% Min. D-113 40 cm Min. At the time of delivery of each shipment of asphalt the vendor supplying the material will deliver to the purchaser certified copies of the test report. The test report shall indicate the name of the vendor, type and grade of asphalt delivered, date and point of delivery, quantity delivered, delivery ticket number, purchase order number and results of the specified tests. The test report, signed by an authorized representative of the vendor, shall certify that the product delivered conforms to the specifi- cations for the type and grade indicated. The certified test reports and the testing required in connection with the reports shall be at no cost to the Cif,. Until the certified test reports and samples of the material have been checked by the City Engineer to determine their conformity with the pre- scribed requirements, the material to which such report relates and any work in which it may have been incorporated as an integral component will be only tentatively accepted by the City. Final acceptance will be de- pendent upon the determination of the City Engineer that the material involved fulfills the prescribed requirements. Accel erator/Retardant Portland cement shall be used as the accelerator. The amount to be included in the slurry mix shall be that amount necessary to insure the applied slurry mix can support vehicular traffic within 60 minutes after the last application. No ammonium sulfate shall be used as a retardant in cationic mixtures. Any retardant used shall be approved by the City Engineer. • . . Mineral Aggregate. The mineral aggregate shall consist of rock dust which is a product of crushing rock or gravel. The aggregate shall have a minimum sand equiva- lent of 45. The grading of the mineral aggregate shall conform to the following: 100 95 65 26 10 6 •* •_ •— 100 . 85 44 26 12 Page 29 Sieve Size Percentage Passing Sieves Sieve Size Minimum Maximum * *8 16 30 50 100 200 Wa.ter Water from any domestic supply will be satisfactory and can be obtained from the City supply, but the contractor must obtain a meter. Sufficient water must be used to obtain a mix consistency that is smooth and homogeneous and does not segregate on standing. Slurry Mixing Equipment and Operation The spreader box shall be equipped with flexibje material in contact with the pavement and shall be maintained so as to prevent loss of slurry. It shall be adjustable to assure a uniform, controlled spread and shall be equipped with suitable drags to erase ridges. It shall be a mechanical or hydraulic type equipped with a stirring device. Hand squeegees and other hand equipment shall be provided to perform the work, remove spillage, and to spread slurry in areas inaccessible to the spreader box. Applicat ion Slurry seal shall not be placed when atmospheric temperature is below 50°F. or during unsuitable weather. Prior to applying slurry seal the contractor will clean surface with power sweeper. Application shall consist of mixing asphaltic emulsion, aggregate, accelerator and water, and spreading the mixture on the pavement where shown on the plans. Rate of application shall be between 9~12 Ibs. (dry weight) aggregate per square yard slurry seal, the exact weight to be determined by the City Engineer. The slurry mix shall be made up of the following quantities (as determined by the City Engineer): Aggregate (dry weight) 2,000 Ibs. Emulsion by weight to dry aggregate M% to 22% Accelerator by weight to dry aggregate 0.10% to 1.5% Water 15 to 25 gals. Evidence of solidification of the asphalt, balling or lumping of the aggre- gates, or the presence of uncoated aggregates shall be cause for rejection of the mixture. The contractor shall at the direction of the City Engineer repair and reseal all areas of the streets which have not been sealed pro- perly and completely. The contractor shall exercise care to prevent slurry from being deposited on concrete surfaces. The contractor shall remove slurry from surfaces not designated to be sealed other than aspahlt con- crete surfaces. The method of slurry removal shall be approved by the City Engineer. For additional specifications, refer to Sections 203-5 and 302-^ of the 1979 edition of SSPWC. Page 30 Public convenience measures and traffic control shall conform to Sec- tion 302-4.*» of the SSPWC. Measurement and Payment Slurry shall be paid for at the contract price per ton. The quantity will be determined by the tonnage of dry aggregate used only in the mix- ture of slurry. The contract unit price paid per ton shall include full compensation for furnishing aggregate, emulsion, accelerator, water, all labor, tools, equipment and incidentals, and for doing all the work in- volved in furnishing and applying the slurry complete in place as shown on the plans and as specified in these specifications. 11. Cleanup Upon completion of construct ion and before final acceptance, the contractor shall remove all rubbish, trash and debris from the site resulting from the operation. The site shall be left in a neat and clean condition ac- ceptable to the Engineer.