HomeMy WebLinkAboutSouth Coast Asphalt Products Company Inc; 1979-06-26; 1065CITY OF CARLSBAD
SAN DIEGO CQUNTY
CALIFORNIA
CONTRACT DOCUMENTS'& SPECIFICATIONS FOR
ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS
CONTRACT NO, 1065
PAGE ITEM - -. ' •-.-...,
1 NOTICE INVITING BIDS .'••'' ..; •
.3; .". _ PROPOSAL _;"..." . : ...".'. "•'•"/,;""•. •'/'.'.'.. ".'•,-..''• •''•'•.. -. - '••-'.
6 BID BOND •
7 DESIGNATION OF SUBCONTRACTORS
8 'STATEMENT OF FINANCIAL RESPONSIBIIITY, TECH-
' ' NICAL ABILITY AND EXPERIENCE
. 9" "CONTRACT' • . '
11 LABOR AND MATERIAL BOND " / • ...
13 PERFORMANCE BOND .
15 SUCCESSFUL BIDDER'S PRICE .REPORT
16 GENERAL PROVISIONS
.'20 SPECIAL PROVISIONS
Page 1
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed 'bids will be received at the Office of the City
Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until
4:00 p.m. on the 6th day of June __, 19 79, at which
time they will be opened and read for performing the work as
follows: .
. . ASPHALT CONCRETE OVERLAY -OP VARIOUS CITY STREETS
' ' ' ' CONTRACT NO. 1065 ' •
Said work shall be performed in" strict conformity with the
specifications therefor as a'pproved by the City Council of the
City of Carlsbad on file in the Public Works Department.. ..Ref-
erence is hereby made to said specifications for full particu-
lars and description of said work,
No bid will be received, unless it is made on a prbposal
form furnished by the Public Works Department. Each bid must
be accompanied by cash, certified check or bidder's bond made
payable to the City of -Carlsbad for an amount equal to at least
^ ten percent (10%) of the amount of bid; said guaranty to be. for-
(^ feited should the bidder to whom the contract is awarded fail
** -to furnish the required bonds and to enter into a contract with
the City within the period of time provided for by the bid" re-
. /quirements. .
• The documents included within the sealed bids which require
•completion and execution are the following: • '
1. Proposal ' '.'••"'.
2. Designation of Subcontractors • -
3. Bidder's Bond
4. Contractor's Financial Status • - "
***Said documents shall be affixed with the appropriate no-
• taried signatures and titles of the persons signing on behalf
of the bidder.' For corporations, the signatures•of the presi-
dent or vice-president and secretary or assistant secretary are
required and the corporate seal shall be affixed to all documents
requiring signatures. In the case of a partnership, the signa-
ture 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
gixrcn solely as a basis for the comparison of bids.
V, No bid will be accepted from a contractor who -has not been
licensed in accordance with the provisions of Chapter 9, Divi-
sion 3 of the Business and Professions Code. The contractor
shall state his/her license number and classification in the pro-
posal. The estimated cost of .the work is $175,000.
Page 2
,. -
Plans, .special provisions and contract documents may be
obtained at the Public Works Department.; City Hall, Carlsbad,
California, at no cost to licensed contractors. A nonrefundable
charge of none_ will .be required for each set of plans, spe- .
cial provisions and contract documents•for other than licensed
contractors. It is requested that the plans and
sions be returned within two (2) weeks after the
special provi-
bid opening.
CityThe
all bids and
such bids„
of Carlsbad
tc waive any
reserves the right to reject any or
miner irregularity or informality in
A project tour will be conducted by the City of Carlsbad
Public Works Department on May 30f 1979 at IQjJDO a.m.
/
The general prevailing rate of wages "for each craft or type
of workperson needed to execute the contract shall be those
as determined by the Director of Industrial Relations pursuant
to the State of California Labor Code, Part 7, Chapter 1, Ar-
ticle 2, Sections 1770, 1773 and 1773.1.
Pursuant to Section 1773.2 of said Labor Code, a current
copy of applicable wage rates are on file In the Office of the
City Clerk of the City-of Carlsbad.
*
It shall be mandatory upon the contractor to whom the con-
tract is awarded to pay not less than the said specified prevail-
ing rates of wages to all workpersons employed by him/her 'in the
execution of the contract. . . •
Also, the prime contractor shall be responsible to insure
compliance with provisions of Section 1777.5 of the Labor Code
of the State of California for all occupations with apprentice-
ships as required on public works projects above thirty thousand
dollars ($30,000) or twenty (20) working days.
The amount of the bond to be given for the faithful per-
formance of the contract for the said work shall be one hundred
percent (100%) of the contract price therefor, and an additional,
bond in the amount equal to fifty percent (50%) of the contract
price for said work shall be given to secure the payment of the
claims for any material or supplies furnished for the performance
of the work 'contracted to be done by the contractor for any work
or labor of any kind done thereon.
Approved by the City Council of the City of Carlsbad, Cali-
fornia, by Resolution No. 5758 adopted on May, 1 » -^TiL.-
May 2, 1979
Date ALETIIA L. RAUTENKRANZ,. CITYxjCLERK
Page 3
C I T Y . 0 F CARLS B A D
CONTRACT NO. 1065
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. 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:
Approximate Article with Unit Price or Unit
Quantity § Unit Lump Sum Written in Words ' Price TOTAL
7,940 tons Asphaltic concrete surfac-
ing in place including- tack
coat '-at
Dollars
/V •
,. .- M^u^,^ Cepts
per '
TOTAL (FIGURES)
TOTAL (IN WORDS) A.iJ
' ^.. •••*• t>' ^
Pago 4
r- All bids are to be computed on the basis of the given es-
W.tiinated quantities of work, as indicated in this proposal, times
the. unit price as submitted by the bidder. In case of a dis-
crepancy between words and figures, the words shall prevail.
In case of an error in the extension of a unit price, the cor-
rected extension shall be calculated and the bids will be com-
puted as indicated above and compared on the basis of the cor-
rected totals.
The estimated quantities of work indicated in this proposal
are approximate only, being given solely as a basis for compari-
son of bids .
The undersigned has checked carefully all of the above
figures and understands that the City will not be responsible
for any errors or omissions 'on the part of the undersigned in
making up this bid.
The undersigned agrees that in case of default in executing
the required contract with necessary bonds and insurance poli-
cies within twenty (20) days from the date of award of contract
by City Council of the City of Carlsbad, the proceeds of check
or bond accompanying this bid shall become the property of the
City of Carlsbad. • ' .
Licensed in accordance with the Statutes of the State of
'* 'California providing for the registration of contractors, Li-
cense No;'^X'S3S\V^> , Identification
. The undersigned bidder hereby represents as follows: (1)
That no Councilperson, officer, agent or employee of the City of
•Carlsbad is personally interested, directly or indirectly, in
this contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, .its of-
ficers, agents or employees, has induced him/her to enter into
this contract, excepting only those contained in this form of
contract and the papers made a part hereof by its terms; and
(2) that this bid is made without connection with any person,
firm or corporation making a bid for the same \vork, and is in
all respects fair and without collusion or fraud.
Accompanying this proposal is _ /D (?>Af f)
(cash, certified check,bond
or cashier's check)
in an amount not less than ten percent (10%) of the total bid
price. .
The undersigned is aware of the provisions of Section 3700
of the Lnbor 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.
Page. 5
*w-
SO, COAST ASPHALT PRODUCTS CO., INC
; -••-••••• p. 0,'BO>('218
. - • CARLSBAD; CALIF.- 92008
Authorized Signature
Executive Vice PresJd.eiri,
Bidder's "Address Type of Organization
•(Individual, Corporation, Co-
Pai"tnership)
List below names of President, Secretary, Treasurer and Manager if. a
corporation, and names of all co-partners if a co-partnership:
v_Thomas L. Streu.ter._P.residenii__^.--'—
• Don M. Hickethier, Vice President^
Tjioman C. Cochr^
Notarial acknov/ledcrement of execution by all "principals must be attached,
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF ^\ ss.
On _±
Slate, personally appeared _____
before me, tlic undersigned, a Notary Public in and for said
uittuiX
u_i
0.<\-
- _______
known to me to be tbt— ___ ________________ President, and ^~D-£AL.M • H LCKjEJ~M-lEJ<L
of llie corporation that executed llie witliin Instrument,
JHTKIIDS who executed llie within
known to me lo be
known lo me to be
Instrument on behalf of the corporation therein nnmcd. and
acknowledged lo me thai such corporation executed the within
instrument pursuant lo its by-laws or a resolution of its hourd
of directors.
WITNESS my hand and
Signature.-
V^» ^^*--»j^.-»^fc^»*^^^)^«»a"'«^^.^(*-w^^M^*^p»'w^***n, xjrnr,-. ,. OFFICIAL SEAL v, >
) /fcl$M T.L. MOXLEY v'" j
Mnt'*'C:/'')1 NOTARY PUBLIC-CALIR \
\ VvV'W PRINCIPAL OFFICE IN \
^ M»»ii*/ SAN DIF.GO COUNTY i \
i MY COMMISSION EXPIRES NOV. 17, 1079 * \
Name (Typed or Printed)
(Th's ;m.i f;»r offi rlftj sea!)
Page 7
' ' ' DESIGNATION OF SUBCONTRACTOR
f*"" . ' .
S**' The uiidersigned certifies he/she has used the subbids of the
following listed contractors in making up his/her bid and that the
subcontractors listed will be used for the work for which they bid,
subject to the approval of the Public Works Administrator, and in
accordance with applicable provisions of the specifications. No
changes may be made in these subcontractors except upon the prior
approval of the Public Works Administrator of the City of Carlsbad.
The fo3.1owing information is required for each subcontractor. Ad-
ditional page can be attached if required.
Full • -.,'••:.
Item(s) Company ' ' A.C. &
of Work Name Complete Address Phone No._
(SEAL) Bidder's Name'
Authorized Signature
Type of. Organization (individual, part-
nership or -corporation)
.Address
CTCy~7STIaTEtFT zip" Code"
Page 7A
DESIGNATION OF SUBCONTRACTOR (continued)
The bidder is to 'provide the following information on the
subbids of all the lished subcontractors as part of the sealed
bid submission. Additional page can be attached if required.
Full . • . Type of State Carlsbad Amount
Company • . . Contracting Business of
Name License & No. License No.* Bid.($ or
*Licenses are renewable annually by January 1st. If no valid li- t
cense indicate "none." Valid license must be obtained prior to
working on project.
Bidder's Name
(SEAL) .
Authorized Signature
Page 6
BIDDER'S BOND TO ACCOMPANY PROPOSAL
and
KNOW ALL PERSONS BY THESE PRESENTS:
That we, SOUTH COAST ASPHALT PRODUCTS COMPANY, INC. , as Principal,
_ INDUSTRIAL INDEMMIT-Y-J.'QKPANy aS , are held
and firmly bound unto the City of Carlsbad, California, in the sum
Of Ten percent of the total amount of, the bid price Q0%) ——__D° 11 a r S
($ Ten percent. ) ' lawful money of the United States for the pay-
' men to fwhi cTi 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 OF VARIOUS CITY STREETS
CONTRACT NO, '1065
in the City of Carlsbad, is accepted by the'City Council of said
City, and if the above-bounden Principal shall duly enter into
and execute a contract including required bonds and insurance
policies within twenty (20) days from tire date of award of con-
tract by the City Council of the City of Carlsbad, being duly
notified of said award, then this obligation shall become null .
and void; otherwise, it shall be and remain in full force and
effect, and the amount specified herein shall be forfeited to
the said City.
' •
In the event any Principal above named executed this bond
as an individual, it is agreed that the death of any such Prin-
cipal shall not exonerate the Surety from its obligations under
this bond. . \
5th
IN WITNESS WHEREOF, we hereunto set our haja-dfs and seals this
day Of June
QUCTS COMPANY, INC.
INDUSTRIAL INDEMNITY
Corporate Seal (if corporation) -*<_
Title Robert c'Attorney-in
(Attach acknowledgement of
Attorney in Fact)
(Notarial acknowledgement of exe-
cution by all PRINCIPALS and
SURETY must be attached.)
STATE OF CALIFORNIA
..COUNTY OF San.Die go j
ss:
On '. .......... ... ............................. .., before me, the undersigned, a Notary Public of said county
and state, personally appeared ??bert C, Hallgck
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to
me to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.\
OFFICIAL SEAL
MURIEL FAUST
KOTAl.'Y PUBLIC • CALIFORNIA
ii.icip::! 0;fice, San Diego Co. Calif.
M/ Commission Exp. Feb. 21, 1981
Notary Public
Los AnReles 207365
TO AA9 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF.
t
uiCL
Ul
X
State, personally appeared
known to me to be the
known to me to be
Public in and for said
Ul
a.<H(fl
President, and
known to me to be Secretary of the corporate
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
if directors.
n' that executed the within Instrument,
ot (Urecuu^.
WITNESS my hand and official seal.ft _ __
..Signalure
SXSiSSSlSlSSlSSSl^
wfflCIAi SF.AI S
Robert Ovaries Hallock |
HOTARV PUBUC . CAUfORN-* ri
PRINCIPAL OFFICE IH tj
SAN DIEGO COUNTY r>
^P-«Ju"l2,2^o
(This area for official notarial seal)
/|S0hier ef'BEST
ORIGINAL
,ui n fa all mint bit theas presrnta:"n I I
HOME OFFICE - SAN FRANCISCO
That INDUSTRIAL INDEMNITY COMPANY, a cerj'oianon orgnni/ed and existing under the laws of the State of California,
and having its principal offjcc in the City of San Francisco, Stati- of California, does hereby make, constitute and appoint
its true and lawful <>ttorney-in-fact for it and in its name, place and stead to execute on its behalf m, surety, bonds, undertakings, stipu-
lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of ail 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 POWFJ 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 hid .Trinity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to at'.ach the corporate
seal 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 lime 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 29th day of April , 19 77
loxani M, Gillespie
INDUSTRIAL INDEMNITY COMPANY
ecretary
Senior Vice President
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
On this 29th day of April • ]9 77 , before me, Mary Mueller
a notary public in and for the City and County of San Francisco, State of California, personally appeared
3. 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 11 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, ) have hereto set my hand and affixed my official seal the day and year in this certificate first above written.
CITY & COUNTY Of SAW f.UNCISCO Notary Public in afl'd for the City and County
of San Fraiipisfp, State of California
I, Roxani M. Gillespie, 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
s, and that said Power of Attorney has not been revoked but is still in full force and effect.
i witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY
COMPANY «t the City of S.in Francisco, California, this 5th day of June ,19 79.
SEAL
I Y01I R7 (I 0//2)
xani M. Gillespie,
Page f.
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/she has
successfully performed and give references which will enable
the .City Council to judge his/her responsibility, experience,
skill and business standing.) • - . .
The undersigned submits herewith a statement of his/her
financial responsibility. • - ' -••-=• ••• . • •••-.-• -.-.-•-.-.,':••...
The undersigned submits'-below a statement of the work of
similar character to that included in the proposed contract
which he/she has . successfully performed. :••.-
City of Carlsbad Overlays
City-of Oceanside Overlays.
City of Escondido Overlays
County of San Diego- Overlays
'State of" Calif. Overlays'
"""' (NOTARIZE OR CORPORATE SEAL)THOS..L STREUTER
CONTRACT ORIGNAL
THIS AGREEMENT,, made and entered into 'this Q-bT day or
, by and between the City of Carlsbad,
California, hereinafter designed as "City", party of the first
part, and South Coast Asphalt Products Co., Inc. hereinafter
designated as "Contractor", party of the second part.
WITNESSETH: • The parties hereto do mutually agree as fol-
lows: - -
1. For and in consideration of•the payments and agreements
hereinafter mentioned to be made and performed by City, the Con-
tractor agrees with the City to furnish all materials and labor
for:
ASPHALT "CONCRETE OVERLAY OF VARIOUS CITY STREETS
CONTRACT NO. 1065
and to perform and complete in a good and workpersonlike manner
all the work pertaining thereto shown on the plans and specifica-
tions therefor; to furnish at his/her own proper cost and expense .
all tools, equipment, labor and materials necessary therefor (ex-
•cept such materials, if any, as in the said specifications are
stipulated to be furnished by City), and to do everything required
by this agreement and the said plans and specifications.
2. FoV furnishing "all said materials and labor, tools and
•equipment, and doing all the work contemplated and embraced in
this agreement, also for all loss and damage arising out of the
nature of the work aforesaid, or from the action of the elements,
or from any unforeseen difficulties whcih may arise or be en-
countered in the prosecution of the work until its acceptance by
the City, and for all risks of every description connected with
the work; also, for all expenses incurred by or in consequence
of the suspension or discontinuance of \^ork, except such as in
said specifica-tions are expressly stipulated to be borned by the
City; and for well and faithfully completing the work and the
whole thereof, in the manner shown and described in. the said
plans and specifications, the 'City will pay and the Contractor
shall receive in full compensation therefor the lump sum price,
or if the bid is on the unit price basis, the total price for
the several items furnished pursuant to the specifications,
named in the bidding sheet of the proposal, as the case may be.
3. . The City hereby promises and agrees with said Con-
tractor to employ, and does hereby employ said Contractor to
provide the materials and to do the work according to the terms
and conditions herein contained and referred to for the price
aforesaid and in accordance with the conditions set forth in the
Page.10'
specifications; and the. said parties for themselves, their heirs,
executors, administrators, successors and assigns, do hereby
agree to- the full performance of the covenants herein contained.
4. The Notice to Bidders, Instructions to Bidders, Con-
tractor's Proposal, and the plans'and. specifications, and all
'amendments thereof, when approved by the parties hereto, or when
required by the City in accordance with the provisions of the
plans and specifications, are hereby incorporated in and made a
part of this agreement
5. Pursuant to the Labor Code of the State of California,
the City Council has ascertained the general prevailing rates of
per diem wages for each craft or type of workperson 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 safe harmless the City, and its officers and employees, from
all claims, loss, damage, injury and liability of every kind,
nature and description, directly or indirectly arising from the
performance of the contract or work, regardless of responsibility
for negligence; and from any and all claims, loss, damage, injury
and liability, howsoever the same may be caused, resulting di-
rectly or-indirectly from the nature of the work covered by the
contract, regardless of responsibility for negligence.
IN WITNESS WHEREOF, the parties hereto hav^ caused this con-
tract to be executed the day and year first a#ove written.
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
ORIGINAL
APPROVED AS
Cityv^Ttorn c y
• APPROVED AS TO FO
VIN
—^—j, ^^ Y [ 7 ~r Q
Daniel S, Hentschke, Assistant
Products Co., Inc
Co
D£tf M. H1CKETHIER Executive Vice President
Title
CITY OF CARLSBAD, CALIFORNIA
By,
• May '6 V"
ATTEST:
.
City Clerk
/i
TO 449 C
(Corporation)
STATE OF CALIFORNIA
TOTINTY OF San Diego
July 17, 1979
11 j ThosMate,, personally appeared
known to me to be the
known to me to be
i- SS.
hef^TP HIP, the. L. Streuter undersigned,i Notary Public in
PrpsiHentj 3"^
Serretarv of the r.or
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a -resolution of its board
of directors. .
WITNESSinyihand and official sealjk V< /h, ' /AvO
<^,,,re iJ/U^Uj l/^^ZLLLSLs
Muriel FaustName (TvneA or Printer\)
poration that
brVWWJVU
l/%\^f^SaO ••-••
executed the withi
T^VUV.WVVWOFFICIAL
MURIEL
NOTARY PUtK.iC
Principal Oiiice. Sari
My Commissior, Exp
and for said
i Instrument,
^^•yvuuuv
SEAL
-AUST
CALIFORNIA
Diego Co. Calif.
Feb. 21, 19S1
»• •*• v«". v«v
(3
!
(This area for official notarial seal)
EXHIBIT "A"
Sheet 1
No.
CITY OF CARLSBAD
' CONTRACT NO. 1055
ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS
Street
1. Palomar Airport Road
2. Palomar Airport Road
3. Skyline Drive
4. Skyline Drive
Lmits
Approximate
;
El Camino Real to Linda Vista 5,436
Growing Grounds to City Limits 1,386
Westhaven Drive to Alder Avenue 352
Alder Avenue to Southerly Terminus 766
TOTAL 7,940
Trash
Pickup Day
None
None
Thursday
Thursday
Page 13'
PERFORMANCE BOND
' KNOW .ALL PERSONS BY THESE PRESENTS: •
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution Mo. 5gj.4 adopted _ June 25, 1979 >
has awarded to South Coast Asphalt Products Co., Inc. ,
hereinafter designated as the "Principal", a contract for:
ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS
CONTRACT NO. 1065
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, South Coast Asphalt Products Co., Inc. ,
as Principal, hereinafter'designated as the "Contractor", and
INDUSTRIAL INDEMNITY COMPANY • _' • as Surety, .
are held and firmly bound unto the City of Carlsbad, in the sum
of One Hundred Forty Four Thousand Nine Hundred Five $ n-o/100 Dollars
($ 144,905.00), said sum being equal to 100 percent (100%) of
the estimated amount of the contract, to be paid to the said City
or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors'.or assigns, jointly and
severally, firmly by these presents. . .
. THE CONDITION OF THIS OBLIGATION. IS SUCH that if the above--
bounden Contractor, his/her or its heirs, executors, adminis-
trators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, con-
ditions and agreements in the said contract and any alteration
thereof made as therein provided on his/her or their part, to be
kept and performed at the time and in the manner therein speci-
fied, and in all respects, according to their true inte.nt and
meaning, and shall indemnify and save harmless the City of Carls-
bad, its officers and agents, as therein stipulated, then this
obligation shall become null and void; otherwise it shall 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 specifications accompanying the same shall not
affect its obligations on this bond, and- it docs hereby waive
Page 14
notice of any change, extension of time, alterations or addition
to the terms of the contract or to the work or to the specifica-
tions. .
In the event: that any Contractor above named executed this"
bond as an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety^rom its obligations
under t h i s b o n cl.
IN WITNESS WHEREOF, this InstruinenXlias been duly executed
by the Contractor and Surety above luwsfed on the 17th day of
July ^ v x mm eg.,
M. HICKETHIER Executive Vice President
_^ . *^ I *->ed.x )
Contractor
INDUSTRIAL INDEMNITY COMPANY (Seal)
(Seal)
Robert^ C. Hallock, Attorney-in-F^ct (Stal). ..___.
Notarial acknowle'dgeraent of execution by all principals and
surety raust be attached.
STATE OF CALIFORNIA
COUNTY OF .s.?.n...Pie.?.°.
On ...^...Y...;rZ.'...A?Z?. , before me, the undersigned, a Notary Public of said county
„ , Robert C. Hallockand state, personally appeared
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to
me to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed-the. same.
OFFICIAL SEAL
MURIEL FAUST
NOTARY PUBLIC - CALIFORNIA
clOifice, San Diego Co. Calif.
My Commission Exp. Feb. 21, 1981
Notary Public
BR(12)15
Los Angeles 207749
1
I
TO 449 C
(Corporation)
STATE OF CALIFORNIA
San DiegoCOUNTY OF
On July 17, 1979
e, personally appeared
known to me to be the
known to me to be
}ss.
Thos. L. Streuter
before me, the undersigned, a Notary Public in and for said
President,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESVrny) hand and official seal.]
Secretary of the corporation that executed the within Instrument,
Signature... rrju
Muriel Faust
OFFICIAL SEAL
MURIEL FAUST
NOTARY PUBLIC - CALIFORNIA
Principal Office, San Diep,o Co. Calif.
My Commission Exp. Feb. 21, 1981 ,
Name (Typed or Printed)
(This area for official notarial seal)
c
O
Page 11
LABOR AMD MATERIAL BOND '
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. J>_8_14 adopted June 25,1979
has awarded to South Coast Asphalt Products Co. , Inc. ,
hereinafter designated as the "Principal", a contract for:
ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS
CONTRACT NO. 1065 '.
in the City of Carlsbad, in strict conformity with the drawings
and specifications and other contract documents on file in the
Office of the City Clerk. • -•
WHEREAS, said Principal has executed or is about to execute
said contract and the terms thereof require the furnishing of a
bond with said contract, providing that if said Principal .or any
of his/her or its subcontractors shall fail to pay for any ma-
terials, provisions, provender or other supplies or teams used
in, upon, for or about the performance of the work agreed to be
done^, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter
set forth:
NOW, THEREFORE, WE South Coast Asphalt Products Co., Inc.
as Principal, hereinafter designated as Contractor, and
INDUSTRIAL INDEMNITY COMPANY. . as Surety, are
held firmly bound unto the City of Carlsbad in the sum of .Seventy,
Two Thousand Four Hundred Fifty Two and 50/100-DoHars ($ 72,452.50 )
said sum being fifty percent (50%) of the estimated amount payable
by the City of Carlsbad under the terms of the contract, for which
payment well and truly to be made we bind ourselves,% our heirs,
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person
or his/her subcontractors fail to pay for any materials, provisions,
.provender or other supplies, or teams used in, upon, for, or about
the performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Code with respect to such work or labor,
that the Surety or Sureties will pay for the same, in an amount not
exceeding the sum specified in the bond, and also, in case suit is
brought upon the bond, a reasonable attorney's fee, to be fixed by
the court, as required by the provisions of Section 4204 of the
Government Code of the State of California.
This bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Section
Page 12
•1192.1 of the Code of Civil Procedure so as to give a right of
action to them or their assigns in any suit brought upon this
bond,, as required by the provisions of Section 4205 of the Gov-
ernment Code of the State of California.
And the said Surety, for value received., hereby stipulates
and agrees that no change, extension of time, alterations or ad-
ditions to the terms of the contract or to the work to be per-
formed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it
docs hereby waive notice of any such change, extension of time,
alterations or additions to the. terms of the Contract or to the
work or to the specifications.
In the event any Contra'ctor above named executed this bond
as an individual, it is agreed the death of any such Contractor
shall not exonerate the Surety from its obligations under-this
bond. •
IN WITNESS WHEREOF, this instrument has been duly executed
by the Contractor and Surety above n^fied, on the _i7th_ day of
July , 19 79
1 >PHALT\PRODUCTS CO., I\~ ^---—•» " '—*••'
(Seal)
M. H1CKETHIER Executive Vice jrre.s-Lu.tnn,
"SOUTH' $Asf ASMrf PRODUCTS C0.711"; (seal)
Contractor
INDUSTRIAL INDEMNITY COMPANY (Seal)
(Seal)
Robert C. Hallock. Attorney-jn-JLaqtSurety
Notarial acknowledgement of execution by all principals and
surety must be attached. ./ •
t
i
TO 449 C
(Corporation)
STATE OF CALIFORNIA
SanCOUNTY OF.
nn July 17, 1979
SS.
State, personally appeared
known to me to be the
known to me to be
Thos. L. Streuter
before me, the undersigned, a Notary Public in and for said
President, and
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS^tV hand and official se;
Signature.
Muriel Faust
Name (Typed or Printed)
STATE OF CALIFORNIA
„ San DieqoCOUNTY OF
Secretary of the corporation that executed the within Instrument,
(This area for official notarial seal)
•ss:
On .?:.?.f...;k?.Z.?. ............................... , before me, the undersigned, a Notary Public of said county
and state, personally appeared .......... RQbert...C— HaHock ................................................................................ >
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to
me to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the
OFFICIAL SEAL
MURIEL FAUST
NOTARY PUBLIC - CALIFORNIA
Principal Office, San Diego Co. Calif.
My Commission txp. Feb. 21, 1981 i
Notary Public
BR(12)15
Los Angeles 207749
of #566 BEST
ORIGINAL
all men bg tfyese presents: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, State of California, does hereby make, constitute and appoint
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
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
seal 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 29th day of April , 19 77
Attest:
/)
INDUSTRIAL INDEMNITY COMPANY
Roxani M. Gillesple ^Secretary
STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
J.
Sector Vice President
On this 29th day of April • 19 77 , 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.
NOTARY PU3UC - CAtiFOSNIA S
C1IY & COUNTY Of SAN FRANCISCO S
My CommUsion Expires Au8. 3 197* •
Notary Public in
of San Fra
Bounty
, State of California
I, Roxani M. Gillespie, 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
/iVIPANY at the City of San Francisco, California, this 17th day of July ,1979.
SEAL
1 Y041 R7 (10/72)
oxani M. Gillespie,
CITY OF CARLSBAD
ENGINEERING DEPARTrlEI'IT
CONTRACT NO. 1065
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 on
various City streets as shown on Exhibit !:/i", which
is a part of these specifications. Asphalt resurfac-
ing will vary in thickness but. shall not be less than
IV and cover approximately 692,600 square feet.
Bo Work Schedule
The contractor shall plan his/her paving operation so
there will be no conflict with the trash pickup days,
as shown on Exhibit "A", Sheet No. 1.
Also, the contractor shall furnish the Engineer with
a tentative schedule indicating which streets are to
be resurfaced each day for the duration of the con-
tract. The schedule shall be furnished to the Engi-
neer 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 spe-
cial 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 7:00 a.m. and 4:00 p.m.,
Monday through Friday.
C. Traffic Control
Safety precautions and traffic control shall conform
to the "Work Area Traffic Control Handbook, 1978 Edi-
tion of the Southern California Chapter, American Pub-
lic Works Association." ' .'• •
Pa ere 16
Traffic on Palomar Airport Road between El Candno Real
and: Linda Vista Drive may be restricted to one lane.
Barricading : The contractor she; 11 provide such flag-
persons and barricades as are required to protect the «
resurfaced streets from vehicular traffic until sur-
face is ready for traffic.
^Np__Parking"_ Signs: The/. City vx] 1 provide the con-
tractor wltli !;No Parking by Order of Police Depart-
ment. " 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- aw ay of any vehicles in violation of the "No Park-
ing18 signs will be handled by the Carlsbad Police- 'De-
partment. 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
._... Engineer will also provide the
contractor with door knob notices which will' further-
serve to advise residents of the impanding parking re-
strictions. The contractor shall be required to insert.
dates and estimated times of closing and reopening
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 sur faced; this shall be done two 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 edi-
tion of ''Standard Specifications for Public Works Con-
struction" (hereinafter designated SSPWC) as issued by
the Southern California Chapter of the American Public
Works Association f and these contract documents and
specifications. In case of conflict, the "Special Pro-
visions" 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 con-
tract for~ms thereof. The submission of a bid shall be
conclusive evidence that the bidder has investigated
and is satisfied as to the conditions to be encount-
ered, 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
specifications and the contract.
Page 17
E. Measurement and Payment
J,5jJ:_122I1?ll^?^c^u:ii.:'!rai^:i2^: 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 deliv-
ery ticket for each load of material delivered. Pay-
ment for tack coat will be included in price per ton
paid for asohalt concrete..
The quantities given in the proposal and contract
forms Eire 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 re-
serves the right to increase or decrease the amount
of any -class or portion of the work, or to omit por-
tions of the work, as may be deemed necessary or. ad-
visable, by the City Engineer.
11• ASPHALT RESURFACING
A. Preparation of Surface
The contractor will not be responsible for necessary
repairs of the existing street, surfaces in conjunc-
tion 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 sha3.1 be uniformly applied t.o the sur-
face in accordance with Section 302-5.3 of the
Standard Specifications.
Full "compensation for conforming to the require-
ments of this article, not otherwise paid for, shall
be considered as included in the prices paid for the
various contract items of work and no additional al-
lowance will be made therefor.
B. Asphalt' Concrete Resurfacing
Asphalt concrete for overlay work shall conform to
Section 302-5 cind Section 400 of the Standard Speci-
fications and shall be Type III C2. Asphalt shall
be AR-4000 grade.
The contractor shall pave over the tops of all man-
hole covers. Covers shall be treated to prevent ad-
hesion of the asphalt concrete.
The unit price per ton for asphalt concrete resurfac-
ing, in place, shall include full compensation for
Page 13
conforming to the requirements of this article as
specified herein, arid no. additional compensation will
be made therefor,.
C,, Manhole and Valve Cover Adjustments
All newer manholes, sewer deacl-ev-d structures r storm
drain manholes, water valves, gas valves, and other
utility structures will bo adjusted to grade by the
respective utility. The contractor shall mark the lo-
cation of all utility covers.
III. WATER FOR CONSTRUCTION
The contractor may obtain City of Carlsbad water for use
on this project only at locations approved by the City En-
gineer. There will be no charge to the contractor for
City water utilized directly in completing the work,...
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.
ORIGINAL
_i- 4- -— -I °
•^ *,,:•?.*a i i.j ><•,. •"• I-. • • ..
SHEET 2.
cr A: ET •- {"- on HA"
Vr;i
..V.
ORiiM
/^N I » f— r*~ *-tr" "iShEL! 4
" ••