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HomeMy WebLinkAboutSouth Coast Asphalt Products Company Inc; 1977-07-01; 1039CITY OF CARLSBAD SAN DIEGO COUNTY California CONTRACT DOCUMENTS & SPECIFICATIONS FOR ASPHALT CONCRETE OVERLAY AND CHIP SEALING OF VARIOUS CITY STREETS Contract No. 1039 May, 1977 TABLE OF CONTENTS 1 NOTICE INVITING SEALED PROPOSALS 3 PROPOSAL 6 BID BOND 7 ' DESIGNATION OF SUBCONTRACTORS .8 STATEMENT OF FINANCES' 9 AGREEMENT AND CONTRACT 11 BOND FOR LABOR AND MATERIALS 13 BOND FOR FAITHFUL PERFORMANCE 15 SPECIAL PROVISIONS ' "' Page 1 •••*••. CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 3:00 p.m. on the 23rd day of May , 19J77, at which time they will be open- ed and read, for performing the work as follows: Asphalt concrete overlay and chip sealing of various City streets. Contract No. 1039 ,***>*•> «*->-'• Said work shall be performed in strict conformity with the specifi- cations therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department.. Reference is here- by made to said"" "s'p'eci'fic'at'ioris* for full particulars and description of said work. ^ .• .,u .*.•<•» No bid will be received unless it is made on a proposal form fur- nished 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 of the amount bid. Such guaranty to be forfeited 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 by the bid requirements. The documents included within the sealed bids which require comple- tion and execution are the following: 1. Proposal - Page 3. • . 2. Designation of Subcontractors - Page 7. 3. Bidder's Bond - Page 6. 4. Contractor's Financial Status - Page 8. Said documents shall be affixed with the appropriate notaried signa- tures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice-President and Secretary or Assistant Secretary are required and the corporate seal shall be affixed to all documents requiring signatures. In the , case of a partnership, the 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, Division 3 of the Business and Professions Code. The contractor shall state his "license number and classification in the proposal. The estimated cost of the work is $99,967.50. 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. A nonrefundable charge'of NONE _ will be required for each set of plans, special provisions and con-- tract documents for other than licensed contractors. It is requested that the plans and special provisions be returned within two weeks after the bid opening. The City of Carlsbad reserves the right to.reject any or all 'bids and to waive any minor irregularity or informality in such bids. A project tour will be conducted by the City of Carlsbad Engineering Department at 10:00 a.m. on May 16, 1977 . The general prevailing rate of wages for each- craft or type of work- man 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, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1733.2 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 workmen employed by him in the execution of the contract. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the Labor Code of the State of California for all occupations with apprenticeships as required on 'public works projects above thirty thousand dollars ("$30,000) or twenty working days. The amount of the bond to be given for the faithful performance of the contract for the said work, shall be one hundred percent, of the contract price therefor, and an additional bond in the amount equal to fifty, percent of the contract price for said work shall be given to secure the payment of the claims for any material or supplies •furnished for the performance•of the work contracted to be done by ' the contractor for any work or labor of any kind done thereon. Approved by the City Council of the City of Carlsbad, California, by- Resolution No. adooted on • , 19 DATED; MARGARET E. ADAMS, City Clerk Page 3 c.CITY OF CARLSBAD . ASPHALT CONCRETE OVERLAY AND CHIP SEALING OF VARIOUS CITY STREETS - CONTRACT NO. 1039 PROPOSAL To the City Council City of Carlsbad 1200 Elm Avenue • Carlsbad, California 92008 Gentlemen: The undersigned declares that he has carefully examined the location of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1039 in accordance with the plans, the speci- fications of the City of Carlsbad, and the special provisions, and that he will take in full payment therefor the following unit prices for each item complete, to wit: Approx. Unit Item No. Quantity Unit Article Price Total 1, 4,167 tons asphaltic concrete sur- facing in place includ- U£) a ]£f ing tack coat at | 4 "~" ^^ ° dollars and /^^ & 7* V cents per ton 2. 171,200 sq.ft. 1/4" x 10 chip seal coat including asphalt emulsion complete in place at dollars and per square foot Page 3a c•*<*"• Approx. • Unit Item No. Quantity Unit Article * Price Total 3. 609,100 sq.ft. 3/8" x 6 chip seal coat including' asphalt emulsion complete in place at _ _ & fa uR* fart* 4 O dollars per square foot TOTAL-(Figures) ^& la ~7$ ~ TOTAL (in words) If] ^ •Pago 4 bids are to be computed on the basis of the given estimated'" quantities of work, as indicated rn this proposal, times the unit (~ price as submitted by the bidder. In case of a discrepancy between V"*" words and figures, the words shall prevail. In case of an error in ^"^ the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison 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 policies within twenty. (20), days from the date of award of contract by the 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,' '"2.$' p <^ / ^ Identification^^, /j. . fyesj. ff*s 6- .. • The undersigned bidder hereby represents as follows: (a) That no Councilman, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder ; ' that no representation, oral or in writing, of the City Council,, its officers, agents or employees, has induced him to enter ' into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by- its terms, and (b) That this bid is made without -connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud , Accompanying this proposal is (casn7 certified check,cashier's check or bond) . in an amount not less than 10 per cent of the total bid price. The undearsigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self-insurance__ in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Page f 7- Phone Number Date - 7-7 f,0. Kofi. R ^1Bidder's Address A f. SO. COASI ASPHALT PRODUCTS C&, INC. / P. 0. BOX 218 e&mSBAD^GAlIF. 92003 "* Authorizea Signature cunu^ ^K P 0 ^.4 T~; 0 Type of Organization (Individual, Corporation, Co Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co-partners if a co-partnership: L •iPE/* r M. Page 6- BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOV7 ALL MEN BY THESE PRESENTS, • . That we, SOUTHCOAST ASPHALT PRODUCTS co.,-INC." , -as Principal, and INDUSTRIAL INDEMNITY COMPANY * f as Surety, are held and firmly bound unto the City of Carlsbad, California, in the ""sum of **TEN PERCENT 00%) OF THE TOTAL AMOUNT BID** Dollar5 ($ ——7) , 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: Asphalt concrete overlay and chip sealing of various City Streets Contract No. 1039 BID DATE 5/23/77 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 (20) twenty "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 obligation- shall become null and void; otherwise it" shall be and remain in full force and effect, and the amount specifiefd, herein shall be forfeited to the. said City. In the event that any Principal above named executed this bond as an individual, it is agreed that the death of any s#c\~i Principal shall not exonerate the surety from its obligations'/tender this bond. IN WITNESS WHEREOF, we hereunto set our day of "** . 19 77 . Corporate Seal (if corporation) (Attach Acknowledgement of Attorney in Fact) ids and seals this 19th INDUSTRIAL INDEMNITY COMPANY Surety •DIANE HUDSON Title ATTORNEY-IN-FACT {Notarial acknowledgement of execution.by all .PRINCIPALS and SURETY must be attached.) . ORIGINAL State of County of CALIFORNIA SAN DIEGO OFFICIAL SEAL J M. E. BUCIK ; NOTARY PUBLIC - CALIFORNIA Principal Office, San Diego Co. Calrf. My Commission Exp. Dec. 30, 1977; Qn MAY 19, 1977 _, before me, the undersigned, • ss. .a Notary Public of said county and sfate, personally appeared DIANE HUDSON— ——'———'—.—. _ _-_—_—_ , known to me to be the Attorney-in-Fact of INDUSTRIAL INDEMNITY COMPANY . __ , _ , y the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. NOTARY PUBLIC M 19/72) of ^ttcrnetJ #533 all men hu triese presents: BEST ORIGINAL HOME OFFICE -SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, Stale of California, does hereby make, constitute and appoint DIANE HUDSON its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of UNLIMITED- and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Hoard of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate ;>eal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 6th* day of May , 19 76 Attest:INDUSTRIAL INDEMNITY COMPANY iKoxani M. Gillespie, STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO '^+-J> By x7 Secretary J. Sei/jror Vice President c On this 6th day of May ,19 76 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is -a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. g B3JTEBS ' NOTARY PU3LIC - CAUFOSNIA j Cirt & COUNT* Of SAN fRANCISCO S My Commission Expires Aug. 3, 1979 J in and for the City and County ncisco, State of California I, Roxani M. Gillepie, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the w-Jible of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whercipf, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY 19th .lay of MAY -- .1977 . " COMPANY at the City of Sa^i Francisco. California, this SEAJ. 4oxani |io/7z) Page 7 DESIGH/iTION OF SUBCONTRACTOR The undersigned certifies that he has used the subbids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the. work for which they-. bid, subject to the approval of th'e City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the City Council" of the City of Carlsbad. ITEM OF WORK SUBCONTRACTOR ADDRESS 2. 3. ASPHALT PRODUCTS CO., INC 218 Author i a^fi--S-$^ia>t.ur e _ Type of Organization (Individual, Co-Partnership or Corporation) SO. COAST ASPHALT PRODUCTS CO., INC. CARLSBAD, CALIF. 92008 Address STATE OF CALIFORNIA—BU9tN6SC_ANC> TRANSPORTATION AGENCY '" EDAflgND G. BROWN JR., Cove""" \ DEPARTMENT OF TRANSPORTATION ,120 N STREET ACRAMENTO, CALIFORNIA 95814 ar" 916-445-8287 April 18, 1977 South Coast Asphalt Products Co. P. O. Box 218 Carlsbad, CA 92008 Gentlemen: Your Statement of Experience and Financial Condition received on March 28, 1977, has been reviewed. On the basis of the infor- mation contained therein, you have been qualified to bid on work under the jurisdiction of the Department of Transportation. Awards and incomplete work under contract with the Department shall not exceed $17,890,000. When proposal forms for bidding are requested, your prequalifi- cation statement will be reviewed with consideration given to progress on going contracts and the value of incomplete work thereon. Attached are five copies of the form to be used in requesting plans and specifications for projects advertised for bids. Additional copies are available on request. You are reminded that in addition to this prequali'fication you must be properly licensed to perform the type of work on which you propose to bid. Failure to be properly licensed before bidding will result in the bid being rejected. (When Federal funds are used as a portion of the financing, bids will be accepted from non-licensed prequalified persons but no payments will be made unless and until a proper license is obtained.) Sincerely, - >; '•'-" v D Office of OffieSe Engineer Attachment I FORM DCR-OE 82 '7/76' Page 8 c ••)«*„ BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE" (The Bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and 'give reference which will enable the City Council to judge his responsibility, experience, skill and business standing.) The undersigned submits herewith a statement of. his financial respon- sibility. - - The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he has successfully performed. . re c --. •*sv,.- Page 9 . »• , C O N T R A C T ' THIS AGREEMENT, made and entered into this day of • , 19 , by and between the City .of Carlsbad, California, hereinafter designated as the City, party of the first part, and South Coast Asphalt Products Co., Inc, hereinafter designated as the Contractor, party- of the second part. WITNESSETII: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Con- tractor agrees with the City to furnish, all materials and labor for: Asphalt concrete overlay and chip sealing of various City streets. Contract No.'1039 and to perform and complete in a good and workmanlike manner a]. 1 the work pertaining thereto shown on the plans and specifications therefor; to furnish at his-own proper cost and expense all tools, equipment, labor and materials necessary therefor, (except such materials, if any, as in the said specifications c\re stipulated to be furnished by the 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 equip- ment, 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 encounte'red 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 ox~ 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 fuUL 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 the said Contractor to employ, and does lier,eby employ the 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 hereby • conditions set forth, in the specifications; 'and i:he 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, Contractor's Proposal, and -the plans and specifications, arid all amendments thereof Page 10 'when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made 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 workman needed to .execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the City Engineer^ and their 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. IN WITNESS WHEREOF, the parties hereto haXe caused this contract to be executed the day and year first above^ritten. SOUTH jtfMLteft COI PRODUCTS CO., IN^ fal) ^x Title Title CITY OF CARLSBAD, CALIFORNIA by_ Approve^ . ' / , Mayor ATTEST: (Notarial acknowledgement of execution by all PRINCIPALS must be attached.) ORIGINAL STATE OF CALIFORNIA COUNTY OF On _ mf f*( ^jr ft — r I / f~, before me, the undersigned, a Notary Public in and for said State, personally * known to me to be the Z . known to me to be th°r/CCT President, Satirttiry of the corporation that executed the within instrument, < and known to me to be the persons who executed the within .b instrument on behalf of the corporation therein named, and ac- _ § knowledged to me that such corporation executed the within / /tfTSV. OFFICIAL cp/»i*" "*" — '\ 2 instrument pursuant to its by-laws or a resolution of its board of t /^Pt*"sSa'\ ^•'" MOXLEY ^ 9^ .. ? fK^fW N°TARY PUBLIC- CAUR i 3 dlrecfors' J ^5®X PRINCIPAL OFFICE IN IT 1 ^ssssf SAN DIEGO COUNTy I | WITNESS my hand and officiaUeaL.^ ^MY^COM MISSION EXPIRES NOV. 17, 1979 * o Signature Name (Typed or Printed)'(This area for official notarial sef . 11 LADOR AND MATKRIAL BOND . • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS', • THAT V7HEREAS, the City Council of the City of Carlsbad, State of California, by Res. Mo. 5100 adopted June 7,1977 __ '..........-' _ has awarded to South Coast Asphalt Products Co., Inc. _____ _, hereinafter designated as the "Principal", a contract for: Asphalt concrete overlay and chip sealing of various City street Contract No. 1039 . in the City of Carlsbad, in strict conformity with the drawings and specif ieations and other contract documents on file in the Office of the City Clerk. V?HERE7-*S, said Principal has executed or is abou!; 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 or itr; subcontractors shall fail 'to pay for any materials, provisions, pro-- vender or other supplies or teams used in, upon, for or about the performance of the work agreed, to be' done, or for any woik or. labor done thereon of1- any kind, the Surety on this bond will pay the same to tho extent hereinafter set forth: NOW, THEREFORE, WE South Coast Asphalt Products Co. , Inc. _ __ __ _ as Principal, hereinafter designated as. Contractor and INDUSTRIAL INDEMNITY COMPANY _ ; as Surety, are held firmly bound unto Forty-eight Thousand Three Hundred the City of Carlsbad, in the sum of Thirty-nine aixd 45/100 Dollars ($48,339.45 )t said sum being 50 per cent of the estimated amount : payable by the City of Carlsbad under the terras 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 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"Surely 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 tho court, as required by the provisions of Section 4204 of the Government Code of' the State of California. Pago 12 This bond shall inure to the benefit of any and all" persons., companies .and corporations entitled to file clairas under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought-upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. Arid the said Surety, for value received, hereby stipulates" and agreer; that no change, extension of time, alterations or additions to the terras of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise- affect its obligations on this bon.d, and it does hereby waive notice of any such change, extension of time, alterations or additions to the .terras of the Contract or to the work or to the specifications. In the event that any principal above.named executed this bond as an individual, it is agreed that, the death of any such Pr.inc.ipa3. shall not exonercite the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been du, Principal and Surety above named, on the , 1977 . executed by the day of INDUSTRIAL IMMUNITY COMPANY DIANE HUDSON, ATTORNEY-IM-FACT Surety (Seal) (Seal) (Seal) State of CALIFORNIA County of SAN DIEGO OFFfCIAL SEAL M. E. BUCIK J r NOTARY PUBLIC - CALIFORNIA < Principal Office, San Diego Co. Calif. > My Commission Exp. Dec. 30, 1977 '£ ' ' ' On JUNE 16, 1977 , before me, the undersigned, 55. .a Notary Public of said county and state, personally appeared DIANE HUDSON , known to me to be the Attorney-in-Fact of INDUSTRIAL INDEMNITY COMPAN Y , the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. NOTARY PUBLIC 1Y060 R4 (9/72) #533of Attorney l&nntn all men by tfyese presents: BEST ORIGINAL INDUSTRIAL INDEMNITY HOME OFFICE -SAN FRANCISCO That INDUSTRIAL 1NDKMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint DIANE HUDSON its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of UNLIMITED and reserving to itself full power of substitution and revocation. This Power of Attorney is made anil executed in accordance with the Resolution adopted by the Hoard of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate jeal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 6th day of May ,19 76 Attest:INDUSTRIAL INDEMNITY COMPANY Roxani M. Gillespie,u / Secretary Seajror Vice President STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO On this 6th day of May ,19 76 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. MARY MUELLER NOTARY PU3LIC - CA'JFOSNIA j Ci(Y & COUNT* 01 SAN fRftNGSCO g My Commission Expires Aug. 3, 1979 £m in and for the City and County ncisco, State of California I, Roxani M. Gillepie, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this l6th day of JUNE 19 77 SEAL 1 Y041 R7 (10/72) <Roxani M. Gillespie, L • • •' " . • Page 13 BOND KNOW ALL MEM BY THESE PRESENTS, that • . , WHEREAS, the City Council of the City of Carlsbad, State of California, by Res. Ho. 5100 . adopted _____ June 7, 1977 ___ has awarded to South Coast Asphalt Products Co., -Inc. hereinafter designated as the "Principal", a contract for: Asphalt concrete overlay and chip sealing of various City streets. Contract No. 1039. ' in the City of Carlsbad, in strict conform! ty v.'ith the drawings arid specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. • V7HEREAS, 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, KE, South Coast Asphalt Products Co., Inc. .as Principal, hereinafter designated as the "Contractor", and INDUSTRIAL INDEMNITY COMPANY as Surety, are held and firmly bound Ninety-six Thousand Six Hundred unto the City of Carlsbad, in the sum of Seventy-eight and 90/100- Dollars ($ 96,678/90 ), said sura being equal to 100 per cent of the estimated amount of the contract, to be paid to the said City ox- 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 Principal, his 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 prpvided on his 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. ' . 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 specifi- Page 14 cations accompanying the same shall in any wise 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 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, this instrument has boon duly'executed by the Principal and Surety above named, on the 16th / day of JUNE - 19 7*7 . ' ~ ~~ (seal) INDUSTRIAL INDEMNITY COMPANY DIANE HUDSON, ATTORNEY-INTACT Surety _(Seal) .(Seal) (Seal) State of County of CALIFORNIA SAN DIEGO OFFICIAL SEAL ikji c DI 1011^•"• *" tJUUlv NOTARY PUBUC - CAUFORNIA Principal office' San Die8o Co. Calif. My Commission Exp. Dec. 30, 1977 On JUNE 16, 1977 ^ before me; thess. .a Notary Public of said county and state, personally appeal DIANE HUDSON _ ) known to me to be the Attorney-in-Fact of INDUSTRIAL INDEMNITY COMPANY . » the Corporation that executed the within instrument, and known to me to be the person who executed the said instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. TSTOTARY PUBLIC I Y06O R4 (9/72) of #533 INDUSTRIAL INDEMNITY all men ho tfyesc presents:ORIGINAL HOME OFFICE -SAN FRANCISCO That INDUSTRIAL INDKMN1TY COMPANY, a corporation organized and existing under the laws of tlu- State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint DIANE HUDSON its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of UNLIMITED and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate :>eal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 6th ciav Of May , 19 76 Attest: iKoxani M. Gillespie^Secretary STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO j, INDUSTRIAL INDEMNITY COMPANY Sedfjror Vice President On this 6th day of May ,19 76 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. UBiPa*"""""'"" MARY MUELLER NOTARY PU3LIC - CAUF03NIA j cif» s COUNT* o^ SAN FRANCISCO a, My Commission Expires Aug. 3, 1979 |in and for the City and County .ncisco, State of California I, Roxani M. Gillepie, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 16th ,lay of June ,1977. SEAL Roxani M. Gillespie.V? Secretary 1 Y041 R7 (10/72) Page 15 CITY OF CARLSBAD Engineering Department Contract No. 1039 SPECIAL PROVISIONS I. GENERAL REQUIREMENTS A. Scope of Work The work covered by these specifications consists of furnishing all labor, equipment and materials, and performing all operations for asphalt resurfacing and chip seal coat on various City streets as shown on Exhibit "A" which is a part of these specifications. Asphalt resurfacing will vary in thickness but shall not be less than 1" and cover approximately 499,430 square feet. The chip seal coat will cover approxi- mately 780,300 square feet. B. Work Schedule The contractor shall plan his paving and chip seal operation so there will be no conflict with the trash pickup days, as shown on Exhibit "A", Sheet No. 1. The chip seal operation scheduling shall meet all the requirements of the Engineer. Also, the contractor shall furnish the Engineer with a tentative schedule indicating which streets to re- surface 'or chip seal each day for the duration of the contract. The schedule shall be furnished to the Engineer at least one week prior to the preconstruction conference, which will be held in the office of the City Engineer prior to starting construction. The City reserves the right to make reasonable changes in the schedule to avoid conflict with traffic or special events. The contractor shall begin work within (15) days after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within (60) consecutive calendar days from the date of commencement of said work. Daily work shall be accomplished between 7 A.M. and 4 P.M., Monday through Friday. Page 16 C. Traffic Control Barricading; The contractor -shall provide such flag- men and barricades as are required to protect the ' ^ resurfaced streets'from vehicular traffic until surface is ready for traffic. No Parking signs; The City will provide the contractor with "No Parking by Order of Police Dept." signs for use in posting streets in advance of the work. Signs shall be placed at least 24 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. 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. Signs shall be removed as soon as the streets are ready to receive traffic and turned over to the City Engineer. Door Knob Notices; Ihe Engineer will also provide the contractor with door knob notices which will further serve to advise residents of the impending parking re- strictions. The contractor shall be required to insert dates and estimated times of closing and re-opening streets to local traffic. Door knob notices shall be left on or at the front door of each dwelling or commercial unit abutting the street to be surfaced; this shall be done (2) days prior to placement of "No Parking" signs. D. Plans and Specifications The specifications for the work consist of the Standard Specifications of the City of Carlsbad, the ,1976 edition of Standard Specifications for Public Works Construction (hereinafter designated S.S.P.W.C.) as issued by the Southern California Chapter of the American Public Works Association, and these contract documents and specifi- cations. In case of conflict, the Special Provisions shall control. It shall be the responsibility of the contractor to carefully examine the site of the work contemplated, the plans and specifications, and the proposal and contract forms thereoi. The submission-of a bid shall be con- clusive evidence that the bidder has investigated and is Page 17' satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the proposal, plans, and specifi- cations and the contract. • E. Measurement and Payment . Asphalt concrete surfacing: shall be measured on the basis of number of tons of materials delivered and applied, and shall be paid for at the unit price per ton bid. The contractor shall provide a delivery ticket for each load of material delivered. Payment for tack coat will be included in price per ton paid for asphalt concrete. Chip seal coat: shall be measured by the number of square feet applied, and shall be paid for at the unit price per square foot bid. Correcting failures of i chip seal retention due to improper application shall | be the responsibility of the contractor and no other I compensation shall be paid for correcting said failures. ..The quantities given in the proposal and .contract forms are approximate only, being given as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right 'to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the City Engineer. II. ASPHALT RESURFACING A. Preparation of Surface The contractor will not be responsible for necessary repairs of the existing street surfaces in conjunction with the asphalt overlay paving operation. However, the contractor will be responsible for the . sweeping and cleaning of all surfaces prior to the actual paving operation. A tack coat shall be uniformly applied to the surface in accordance with Section 302-5.3 of the Standard Specifications. Full compensation for conforming to t:ie requirements of this article not otherwise paid for, shall be considered Page 18 as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. B. Asphalt Concrete Resurfacing Asphalt concrete for overlay work shall conform to Section 302-5 and Section 400 of the Standard Specifi- cations and shall be Type III C2. Asphalt shall be AR-4000 grade. The contractor shall pave over the tops of all manhole covers. Covers shall be treated to prevent adhesion of the asphalt concrete. The unit price per ton for asphalt concrete resurfacing, .in place, shall include full compensation for conforming to the requirements of this article as specified herein, and no additional compensation will be made therefor. • r~ ~~ C. Manhole- and Valve Cover Adjustments All sewer manholes, sewer dead-end structures storm drain manholes, water valves, gas valves, and other utility structures will be adjusted to grade by the respective utility. Ill CHIP SEAL COAT (Single Seal Coat Specifications) . A. Preparation of Surface The contractor will not be responsible .for necessary repairs of the street surface in conjunction with the chip seal coat operation. However, the contractor will be responsible for the sweeping and cleaning of all surfaces prior to the actual seal coat application. B. Bituminous Seal . 1. The asphaltic emulsion shall be Anionic Grade R,S,-2f meeting the requirements of Section 94 of the State of California, Department of Transportation 1975 Standard Specifications. 2. A latex rubber additive shall be added to the Anionic R.S.-2 asphaltic emulsion. The latex additive rate shall be 2.5% per one.hundred gallons of emulsion. Page 19 C. Cover Aggregate The cover aggregate shall consist of crushed stone, or gravel. It shall be thoroughly clean and free from deleterious matter. It should be essentially one-size, sharp, and mostly conform to the following gradation requirements as determined by California Test Method No. 202. Sieve Size 1/2" 3/8" 1/4" No. 4 No. 8 No. 16 No.200 Percentage Passing Medium 3/8" x No. 6 100 90-100 45-70 5-30 0-10 0-5 0-2 Screenings shall be non-cubical in nature and shall also conform to the following quality requirements: Test Loss in L.A.Rattler Test (After 100 Rev.) (After 500 Rev.) Film Stripping Cleanliness Value Calif.Test Method No. 211 211 302 227 Requirement 10% Max. 40% Max. 25% Max. 75% Min. Each bidder shall submit a ten pound sample of screenings proposed to be supplied. Samples which, in the opinion of the City Engineer, would result in excessive stripping shall be rejected. D, Construction'Equipment 1. Bitximinous Distributor: The distributor shall be capable of heating the asphalt emulsion to the required spraying temperature, and of applying the emulsion uniformly at the specified rate. 2.. Aggregate Spreader: Only spreaders shall be used that are capable of spreading the cover aggregate at a uniform and specified rate. 3. Rollers: Self propelled pneumatic tired rollers equipped with not less than seven wheels on two axles, so that the rear wheels are staggered with respect to those in front, shall be used. Rollers shall weigh not less than ten tons. Tandem steel rollers are also required. Each roller used shall weigh not less than five tons or more than eight tons. Page 20 E. Application 1. Preparation of Existing Surface; Immediately before work begins, the existing surface shall be carefully cleaned with a power sweeper, or otherwise scraped or cleaned to remove all foreign material. 2. Weather:. The minimum temperature shall be 50 degrees Fahrenheit and rising, with no rain predicted. 3. Application of Emulsion: a. Asphalt emulsion shall be uniformly sprayed on the prepared surface at the rate of three tenths of a gallon per square yard. b. Temperature of the asphalt emulsion at the time of application shall not be less than 150 degrees Fahrenheit nor more than 180 degrees Fahrenheit. c. The latex rubber additive shall be added to the distributor not more than one hour prior to time of application. 4. Application of Aggregate: a. Stone chips shall be applied at the rate of 20 to 22 pounds per square yard. The aggregate shall be clean and not excessively moist. b. A uniform application of the aggregate shall immediately be spread over the emulsified asphalt binder. The chip sprea'der never to be more than fifty feet behind the distributor. 5. Rolling; Rolling shall begin immediately after stone chips are spread and continue until at least two complete rollings have been completed over the entire width of each pass of the chip spreader. The pneumatic tired roller shall be no more than 20 feet behind the aggregate spreader. The tandem steel rollers shall follow immediately behind the pneumatic roller. 6. Sweeping: Excess aggregate should be broomed off 24 hours after application. Traffic Control; During construction and 24 hours following construction, vehicle speed shall be limited to a maximum of 25 m.p.h. Page 21 IV. CHIP SEAL COAT (Double Seal Coat Specifications) Palomar Airport Road will receive a double seal coat appli- cation. The second seal coat application shall take place no sooner than 14 days after the single seal coat was applied. The specifications for the second seal coat shall be the same as those for the single seal coat with the exception of the cover aggregate size as set forth below: The cover aggregate shall consist of crushed stone or gravedT" It shall be thoroughly clean and free from deleterious matter. It should be essentially one-size, sharp,. and mostly conform to the following graduation requirements as determined by California Test Method No. 202. Sieve Size Percentage Passing Fine 1/4" x No. 10 3/8" 100 1/4" 90-100 No. 4 60-85 No. 8 0-25 No. 16 0-5 No. 30 0-3 No. 200 . 0-2 Screenings shall be non-cubical in nature and shall also conform to the following quality requirements: Test Saiif " Requirement- Method No. — - - Loss in L.A. Rattler Test (After 100 Rev.) 211 10% Max. (After 500 Rev.) 211 40% Max. Film Stripping 302 25% Max. Cleanliness Value 227 75% Min. Each bidder shall submit a ten pound sample of screenings proposed to be supplied. Samples which, in the opinion of the City Engineer, would result in excessive stripping shall be rejected. V. WATER FOR CONSTRUCTION The contractor may obtain City of Carlsbad water for use on this project only at locations approved by the City Engineer. There will be no charge to the contractor for City water utilized directly in completing his work. Page 22 In areas where City water is not available, the contractor shall be required to make necessary arrangements- with other water districts for use of water.. The contractor will be responsible for any charges made therefor, and no special compensation for these -charges will be made. CITY OF CARLSBAD CONTRACT 1039 - ASPHALT CONCRETE OVERLAY OF VARIOUS STREETS EXHIBIT "A" Sheet "l No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. No. 15,. 16. Approx. . Street Limits Tonnage Garfield Street Pine Ave. to south terminus 1,584 Tamarack Avenue Adams St. to Highland Dr. 480 Laguna Drive State St. to Jefferson St. 376 Roosevelt Street Grand Ave. to Beech Ave. 280 Westhaven Drive Park Dr. to Woodvale Dr. 135 Woodvale Drive Westhaven Dr. to Park Dr. 68 Oak Avenue Carlsbad Blvd. to Ocean St. 80 Madison Street Laguna Dr. to Grand Ave. 512 Park Drive . Hillside Dr. to Marina Dr. 515 Marina Drive- Park Dr. to south terminus ' 75 Chinquapin Avenue Garfield St. to west terminus 62 TOTAL 4,167 NOTE: If funds are available, the following streets may be resurfaced as provided for in the Special Provisions, Section 1, Item E. Garfield Street Mountain View to Pacific Ave. 61 Garfield Street Grand Ave. to Elm Ave. . 45 Grand Avenue Carlsbad Blvd. to Railroad 410 CONTRACT 1039 - CHIP SEALING OF VARIOUS CITY STREETS Approx. Street Limits Square Footage Palomar Airport Rd. Rte. 5 to east City Limits 171,200 (Double Chip Seal Coat) El Camino Real Chestnut Ave. to Haymar Dr. 437,900 Total 3/8" x 6 Chip Seal Coat 609,100 Total 1/4" x 10 Chip Seal Coat - 171,200 Trash Pickup Day Monday Wednesday Tuesday Tuesday Thursday Thursday Monday Tuesday Wednesday Wednesday Monday Monday Monday Monday Trash Pickup Day Daily x Daily x U \ A s; U VU VA'i is i