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Silver Strand Contractor; 1983-08-23; 9000
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS FOR THE CONSTRUCTION OF CURB, GUTTER AND SIDEWALK IMPROVEMENTS FOR MONROE STREET ASSESSMENT DISTRICT CONTRACT NO. 9000 A\T 1?T TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS - 3 * PROPOSAL 5 BIDDER'S BOND TO ACCOMPANY PROPOSAL 8 DESIGNATION OF SUBCONTRACTORS « 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 12 CONTRACT , v 13 LABOR AND MATERIALS BOND 19 PERFORMANCE BOND . ' 21 GENERAL PROVISIONS 23 SPECIAL PROVISIONS 29 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 PM on the 8th day of July, 1983, at which time they will be opened and read for performing the work as follows: * MONROE STREET ASSESSMENT DISTRICT PROJECT NO. 9000 The work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590) appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate is $11,930. «* No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of State law. The contractor shall state his or her license number and classification in the proposal. Page 4 One set of plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonref undable fee of $10.00 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 worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a c'urrent copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to 100 percent of the contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. r7<££6~ , adopted on the ^ /s~ day of \J l ft-, _ TFlpce J Aletha L . Rautenkranz, City Cler)<' Page 5 CITY OF CARLSBAD- PROJECT NO. 9000 PROPOSAL City Council City of Carlsbad * 1200 Elm Avenue Carlsbad, CA 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 0519-1 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 No. 1. 2. 3. Approximate Article w/Unit Price or Lump Sum Written in Words Construct Curb and Gutter Contruct Sidewalk Construct 3" A.C. Pave- Quantity & Unit 400 L.F. 2,000 S.F. 400 S.F. Unit Price 4$ 60 . tZ.6o 6 £.0$ TOTAL . $0° ment on 6" base material Total amount of bid in words: AjA/^ MH3d*)fll7 Total amount of bid in numbers: $ ,<j^^>. Q Q Addendum (a) No(s) __ has/have been receeived and is/are included in this proposal. Page 6 All bids are to be computed on the basis of the given estimated quantities of work, price as submitted words and figures, the extension of a calculated and the as indicated in this proposal, times the unit by the bidder. In case of a discrepancy between the words shall prevail. In case of an error in unit price, the corrected extension shall be bids will be computed as indicated%above and compared on the basis of the corrected totals The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of -Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. ' • '** Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No Identification The undersigned bidder hereby represents as follows: 1. That no CounciImember, officer, agent or employee of the City of Carlsbad is. personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or induced him/her to enter into this contract, those contained in this form of contract and made a part hereof by its terms; and employees, has excepting only the papers 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 in an amount price. proposal is (Cash, Certified Check, of not less than ten percent D Bond or Cashier's Check) (10%) of the total bid Page 7 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. i The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. Phone Number Date Bidder's Name t fl Authorized Signature Bidder's AddreTs Authorized Signature Type'of Organization (Individual, Corporation, Partnership) List below names of President; Secretary; Treasurer; and Manager, if a corporation, and names of all partners, if a partnership. (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) STATE OF CALIFORNIA SanCOUNTY OF My J»VHT • i«**r»-« i OFFICIAL SEAL CATHY M. BATSF.LL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY ^_ — * i sir\r? Commission ACKNOWlEMMENT-General-Wolcotts Form 233CA-RW. 5-82 ©1982 WOLCOTTS, INC. On this 7th day of July _ __ in the year 19 _ S3 before me, the undersigned, a Notary Public in and for said State, personally appeared _ B.W. Nash _ _ : _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person _ whose name _ subscribed to the within instrument, and acknowledged to me that _ he _L§ executed it. WITNESS my hand and official seal. Notary Public in and for said State. STATE OF CALIFORNIA COUNTY OF San Die9° On this /th day of July jn the year 19 &3 before me, the undersigned, a Notary Public in and for said State, personally appeared B.W. Nash OFFICIAL SEAL CATHY M. BATSELL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Feb. 24. 1985 ACKNOWLEDGMENT-General-Wolcotts Form 233CA-Rev. 5-82 ©1982 WOLCOTTS, INC. : , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name Li subscribed to the within instrument, and acknowledged to me that he executed it. WITNESS my hand and official s; iary Public in and for said State. STATE OF California County of San Dieoo ) ss: ) On this._day of Judy E. Harcum 7.9 O^-J , before me ., a Notary Public, personally fippegreul Cathy M. Bats ell personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as OFFICIAL SEAL JUDY E. HARCUM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY L040E1Z82 '"•-' Commission Cxpires Sept. 23, 1983 / MOiA£ Notary Public in and for the County of , San Diego statenf California ORIGINAL ORIGINAL Page 8 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, and i n c i p a 1 , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum Qf^OtJfc, ~T/iQUAffA//^ /3/V.fl ^v/0£)Mv5<#c ^ Pol 1 ars ($ _ i Qoo7— _^^ _ )> lawful money 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 FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: MONROE STREET ASSESSMENT DISTRICT PROJECT NO. 9000 in the City of Carlsbad,Ms accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this it shall be and remain specified herein shall null and void; otherwiseobligation shall become in full force and effect, and the be forfeited to the said City. amount In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of -CfcJjj ._, 19_fi3_¥- Corporate Seal (If Corporation) rinci pal Title (Attach acknowledgement of Attorney in Fact) Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GPA.5331 GENERAL POWER OF ATTORNEY POWER OF ATTORNEY VALID ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint.CATHY M. BATSELL nf San Diego .and State of.California . its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. CONTRACT BONDS (S.B.A. Guarantee Agreement) - MAXIMUM PENALTY $350.000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $250.000.00 ALL OTHER BONDS - MAXIMUM PENALTY $50,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1983" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its. VJCe President _ _ . . aad its corporate seal to be hereto affixed this. Executive 1st day of Incorporated — a — Feb. 6, 1943 County of Orange On William Pnlgutt before me personally came that he resides in. , to me known, who, being by me duly sworn, did depose and say, Mission Vie.io. California that he is of BALBOA INSURANCE COMPANY, the company described in and whichFxpr.iit.ivp Vice President executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. OFFICIAL SEAL GRACIA K. LINDEN NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN OftANGC COUNTY My Commission Expires Aug. 30, 1985 Notary Public I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under by -hand and the seal of said , 19 pany, at Newport Beach, California, this day of THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO Secretary Page 9 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 wfciich they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. .Additional pages can be attached, if required: Items Work of Full Company Name Complete Address w/Zip Code Phone No. w/Area Code STATE OF CALIFORNIA COUNTYOF_^an_DiegoL OKPICIAL SEAL CATHY M. EATSELL NOTARY PUBLIC-CALIfORNiA PRINCIPAL CfF-!CZ JN SAN DiFGO COUNTY My Commission Expire-;> ACKNOWlEDGMENT-GeMral-VWcotts Form 233CA-R«v. S-82 ©1982 WOLCOTTS. INC. >ss. On this 7th day of July , in the year 19 83 before me, the undersigned, a Notary Public in and for said State, personally appeared B.W. Nash : , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ IS subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal Public in and for said State. ORIGINAL Page 10 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ( $ or *Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. (Notarize or Corporate Seal) B'f d der'r'Company Name (<£ft'£>. Complete Address /\uthorized Signature Page 11 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. Signature (Notarize or Corporate Seal) STATE OF CALIFORNIA SanCOUNTY OF On this 7th . day of.Julv in the year 19 &3 before me, the undersigned, a Notary Public in and for said State, personally appeared * Nash _, personally known to me OFFICIAL SEAL CATHY M. BATSELL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY J^Commission Expires Feb. 24, 1985 ACKNOWLEOGMENT-Geiwal-VMcotts Form 233CA-R«v. 5-82 ©1982 WOICOTTS. INC (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ IS subscribed to the within instrument, and acknowledged to me that __he_ executed it. WITNESS my hand and official se. ry Public in and for said State. STATE OF CALIFORNIA COUNTYOF_j>an_Diego_ On this.7th day of July in the year 19 83 before me, the undersigned, a Notary Public in and for said State, personally appeared B.W. Nash OFFICIAL SEAL CATHY M. BATSELL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAM DIEGO COUNTY ^Commission Expires Feb. 24,19&5 '' : _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name i S subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official ACKNOWLEDGMENT-Getwral-Wolcotts form 233CA-Rev 5-82 ©1982 WOLCOTTS. INC itary Public in and for said State. BOOKER W. NASH dba Silver Strand Masonry 638 South Gregory San Diego, CA 92113 STATEMENT OF OPERATIONS Three Months Period Ending March 31, 1983 INCOME YEAR TO DATE Gross Receipts 30 ^20.00 COST OF SALES Material & Supplies 15 183.00 Sub-Contract Labor 2 679.00 Cost of Sales 17 86g.OO Gross Profit 12 558.00 COST OF OPERATING Car & Truck Expense 1 002.00 Insurance 923.00 Legal & Accounting 120.00 Equipment Rental ^53.00 Telephone 3^8.00 License & Permits 110.00 Repairs & Maintenance 212.00 Engineering & Surveying 120.00 Office Expense 72.00 Depreciation 1 22^.00 Total Cost to Operate k 584.00 NET OPERATING PROFIT 7 97^.00 BOOKER W. NASH dba Silver Strand Masonry 638 South Gregory San Diego GA 92113 BAIANCE SHEET as of March 31, 1983 CURRENT ASSETS Cash 7 222.00 Accounts Receivable 9 700.00 Inventory - Material & Supplies 6 3*12.00 Total Current Assets 23 274.00 FIXTURES & EQUIPMENT Autos & Trucks 6k 980.00 Concrete Finisher & Other Equipment 23 291.00 Small Tools & Parts 2 U55.00 90 726.00 Less: Depreciation 31 935.00 Total Fixtures & Equipment 53 791.00 TOTAL ASSETS 32 055.00 LIABILITIES Accounts Payable 225.00 Total Liabilities . 225.00 OWNERS' EQUITY Capital Account 76 856.00 3 iMonths Operating Profit 7 97^.00 3k 830.00 Less: Draw 3 000.00 Net Worth 8l 830.00 TOTAL LIABILITIES & NET WORTH 82 055.00 Page 12 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and gi ve. references, with telephone numbers, which Will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. Date Name and Phone No. Contract Name and address of Person Amount o Completed of the Employer to Contact Type of Work Contrac T/Wfcb - ft&i q a CMO ni- Lctlu W LJruiU \fcfiu.O [) • t|(A.ru n, uCf>tt~ L . C. cnucJ?; G&.untr - ' | L6M(DiJ"hp . Rl(.,O7sTcy^™* X, (Notarize or Corporate Seal) Si gnature BEST ORIGINAL STATE OF CALIFORNIA COUNTYOF_San_Diego_ On this 7th <jay of July OFFICIAL SEAL CATHY M. BATSELL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My"'Commission Expires Feb. 24, 19&5 ' , in the year 19 83 before me, the undersigned, a Notary Public in and for said State, personally appeared B.W. Nash : , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name li subscribed to the within instrument, and acknowledged to me that he executed it. WITNESS my hand and official ACKNOWLEDGMENT-Geiwal-Wotartls Form 233CA-Rev. 5-82 ©1982 WOLCOTTS. INC. ry Public in and for said State. Page 13 CONTRACT - PUBLIC WORK This agreement is made this _ day of _ , 19 by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and _ _ £ j L ISEA. .5 Tft-4-^ixA __ ^ <*^/T-4-Ae--r*?<!i _ ^_ _ . _ / AS A / wdud L. ___ whose principal place of business is . (hereinafter called "Contractor".) City and Contractor agree as follows: 1. j) e s c r i ption of Work. Contractor shall perform all work Tp i e c i ~f " i. e d in the contract documents for:v MONROE STREET ASSESSMENT DISTRICT PROJECT NO. 9000 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents . 3. Contract Documents . The contract documents ' consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or the plans and specifications; and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment . As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph) . *Ua. In the total amount of 7 ^& 0 to be made in a lump sum not later than 35 days from the date of the filing of the notice of completion. b. IlL^the total amount of x _ to be made in perTo^re — p_4y_ments as shown on the paymeirt__^€-h-edule attached her^To^-rwuLmade a part c. On a unit price bj^r^^f^'" — •--..^^ per unit to be made as shown onj^e*^payment s c h e d u le?rfrt-ath_ed hereto and made — a— tTrt hereof . 12.121. iB?^ Ra.no Ono nf <; -i v Page 14 Payment of undisputed contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to»a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. 5. Independent Investigation. Contractor has made an independentinvestigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions. Any information that may have been 'furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditons are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for. Unforeseen Conditions. Contractor shal1 be respons i ble for aTT 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 incurred in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work ' performed unless the City has issued a written change order designating in advance the amount of additional compensation t-o be paid for the,work. If a change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the .parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person (rev.12/21/82) Page Two of Six Page 15 If a change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective' unless^ approved by the City Counci 1 . 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and a. schedule containing such information is in the City Clerk's office and 'is incorporated by reference herein. Pursuant to Labor Code Section 1775 contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site.v 9' Indemnity. Contractor shall indemnify, hold harmless and defend City and its officers and employees, and each of them, from any and all liability or loss resulting from any suit, claim or other action brought against City, or for any other losses of whatever nature, directly or indirectly arising from the acts of Contractor or its officers, employees or agents done in the construction of this project or in the performance of this contract regardless of responsibility for negligence. The expenses of defense include all costs and expenses, including attorneys fees, of litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require contractor to indemnify City for losses caused by the active negligence of City. 10. Insurance. Contractor shall maintain insurance covering the 1i abTlity. stated in paragraph 9 in an amount acceptable to the City Council and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this contact regardless of responsibility for negligence. (rev. 12/21/82) Page Three of Six Page 17 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisions" attached hereto and made a part hereof. Contractor (Seal) (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.)Title By Title CITY OF CARLSBAD, CALIFORNIA Ot t u uX 2 CAT. NO. NN00627 TO 1944 CA (7-82) (Individual) STATE OF CALIFOR^y COUNTY OF I TITLE INSURANCEPANDTRUST ATICOR COMPANY On said State, persdflally appeared &J A^/'hS f4- before me, the undersigned, a Notary Public in and for _ , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ whose name /^S _ subscribed to the within instrument and acknowledged that //^ .. exe- cuted the same. WITNESS my hand and official seal. Signature' iiumminimimnHHNiuma BETTY L. DUNN | NOTARY PUBLIC-CALIFORNIA I PRINCIPAL OFFICE IN I SAN DIEGO COUNTY 1 My Commission Expire* Feb. 5,1985 I (This area for official notarial seal) Page 18 ATTEST: Contractors Certification of Awareness of Workers Compensation Responsibi1ity. "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of thiscontract." Contractor (rev. 12/21/82) Page Five of Six EXECUTED IN FOUR ORIGINAL COUNTERPARTS Bond #105-078261 Page 19 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. adopted has awarded to Silver Strand Cement Contractors hereinafter designated as the "Principal", a contract for: MONROE STREET ASSESSMEND DISTRICT PROJECT NO. 9000 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal .or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, B<w- Nash clba: Silver Strand Cement Contractors as,Principal. hereinafter designafed as the "Contractor",and. ¥alboa Insurance Company •*...' as Surety, are heT3 f,irmly_. bound iJ/itp thejCity of „ Car Is bad in the sum of*Four"Thousand Six Hundred and no/1 OChhs* Dollars ($ 4,600700—said sum bei ng on~e~ hundred per cent (100%) of the estimated xamoun"f"p~ayable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourseves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sura specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the -State of California. Page 20 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions qf Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed'thisibond 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 27th "day of Julyi g 83* i y • Silver Strand Cement Contractors (Notarize or Corporate Seal for each Signer)V \ B.U. Nash, Owner Contractor Balboa Insurance Company Cathy M. Batsell. Attorney-in-Fact Surety t III uX I CAT. NO. NN00627 TO 1944 CA (7-82) (Individual) STATE OF CALIFO^IIA COUNTY OF TITLE INSURANCEANDTRUST ATKOR COMPANY On SS. said State, pert8nally appeared >S (tJ Astf-G ff- before me, the undersigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name ' *S. subscribed to the within instrument and acknowledged that H~^ * exe- cuted the same. WITNESS my hand and official seal. Signatu:. IMIHMHMIMMNIMIII BETTY L. DUNN I NOTARY PUBLIC-CALIFORNIA j PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expire* Feb. 5,1985 j (This area for official notarial seal) STATE OF California County of San Diego ss: On this.jday of Judy E. Harcum before me ., a Notary Public, personally appeared Cathy M. Batsell personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to ^ftfubrtbedthenameofthe Balboa Insurance Company thereto and his own name as Attorney-intF L OFFICIAL SEAL JUDY E. HARCUM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Sept, 23, 1933 L040E1282 Notary Publican and for the County of San Diego state of California ORIG/MAL tXECUTED III FOUR ORIGINAL COUNTERPARTS Page 21 • . Bond #105-078261 PERFORMANCE BOND Premium $276.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. adopted has awarded to Silver Strand Cement Contractors hereinafter designated as the "Principal",a contract for: * i MONROE STREET ASSESSMENT DISTRICT PROJECT NO. 9000 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, BaW' Nash dba: Sl'lver Strand Cement Contractors t as .Principal, hereinafter designated as the "Contractor", and Balboa Insurance Com pany .as Surety,are held and firmly bound unto the City of Carlsbad, in the sum of *Nine Thousand Two Hundred and no/1QQths* .__ • " Dollars ($9,200.00 ), said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to.be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly' keep and perform the "covenants, .conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 22 And said Surety, for value received, hereby stipulates and a-grees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work, or, to the specifications. In the event that any Contractor above named executed this bond. as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. ' IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 27TH day of . 19 S3 . - ~ Silver Strand Cement Contractors (Notarize or Corporate Seal for Each Signer) B.W. Mash, Owner Contractor Balboa Insurance Company Cathv M- Batssll- Attornev-in-FactSurety J ^a^u,,, nuuui nc,...-t out t u \ u \\ CAT. NO. NN00627 TO 1944 CA (7-82) (Individual) STATE OF CALIFORNIA COUNTY OE-^; /£/j rx^jt =2 1^ TITUE INSURANCE ANDTRUST A TKOH COMPANY Jss. On said State, personally appeared f ' / °~* before me, the undersigned, a Notary Public in and for , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name /--S subscribed to the within instrument and acknowledged that ^/^-» exe- cuted the same. WITNESS my hand and official seal. Signatures^& ^A ^ BETTY L. DUNN NOTARY PUBllC-CALIFORNtA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expire* Feb. 5,1985 •""- (This area for official notarial seal) STATE OF California County of San Diego On this. ) ss: Judy E. Harcum _day of before me ., a Notary Public, personally appeared Cathy M. Batsell .personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as Attor OFFICIAL SEAL JUDY E. HARCUM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Sept. 23, 1983 U040E1282 Notary Public in and for the County of San Diego Ktnt^nf California Page 23 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public jWorks Construction hereinafter d e s i g n a t e d S S P W C ,as issued by the SouthernChapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 1 sheet(s) designated as City of Carlsbad Drawing No. "226-5 The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego C"o~unty Department of Transportation, together with the City of Carlsbad Supplement-al Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. b) Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. c) Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words o.f similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. Page 25 Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 14 consecutive calendar days from the date of receipt of said^Notice to Proceed." 6 . NONCONFORMIN6 WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE . ' V All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS •r All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. Page 26 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is riot 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 the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own. expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so •indicated or specified, then the Contractor shall furnish, Page 27 erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation. 14. ' RECORD DRAWINGS * The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. ^, 15. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. -QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. Page 28 17. . SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain •at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary .surveying for this project. Requirements of the Contractor pert'aining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. CODES, ORDINANCES, REGULATIONS & AB.BREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbrevi ati on American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction • AISC American Standards Association ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards CS American Concrete Institute * ACI Page 29 SPECIAL PROVISIONS/SPECIFICATIONS Page 30 SPECIAL PROVISIONS 1. Scope of Work The work to be done consists of excavation, furnishing materials and construction of facilities as shown on the City of Calsbad Construction Drawing No. 226-5. 2. Excavation . ' All necessary excavation, import and export and disposal,or compactions of soils or' earth, shall be included in the unit price bid for each item. 3. Materials ' v The cost of all materials required to perform the work are included in the unit price bid for each item of work. 4. Measurement and Payment Measurement and payment shall be on the basis of completed in- place work.