HomeMy WebLinkAboutSouth Coast Asphalt Products Company; 1980-09-29; 108341
*
CITY 0" CARLSBAD
SAN DIEGO COUNTY
CALIFORNIA
CONTRACT DOCUMENTS & SPECIFICATIONS FOR
ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS
1980-81 STREET RESURFACING PROGRAM
CONTRACT NO. 1083
JULY, 1980
.TABLE OF CONTENTS .
PAGE ITEM
1 NOTICE INVITING BIDS
3 PROPOSAL
- 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL
7 DESIGNATION OF SUBCONTRACTORS
9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND
EXPERIENCE
11 CONTRACT
14 LABOR AND MATERIAL BOND
16 PERFORMANCE BOND
*
18 GENERAL PROVISIONS
22 SPECIAL PROVISIONS
f
i* ,- ' Page 1
CITY 0? CARLSBAD, CALIFORNIA
NOTICE IiWITING 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 20th day of August > 19 80> at which
time they will be opened and read rcr performing the work as
follows:
ASPHALT CONCRETE OVERLAY FOR VARIOUS CITY STREETS
1980-81 STREET RESURFACING PROGRAM
CONTRACT NO. 1083
Said work shall be performed in strict conformity with the
specifications therefor as approved by the City Council of the
City of Carlsbad on file in the Engineering Department. Refer-
ence is hereby made to said specifications for full particulars
and description of said work.
No bid will be received unless it is made on a proposal '
form furnished by the Engineering Department. Each bid must
be accompanied by cash, certified check or bidder's bond made
payable to the City of Carlsbad for an amount equal to at least
ten percent (10%) of the amount of bid; said guaranty to be for-
feited should the bidder to whom the contract is awarded fail
to furnish the required bonds and to enter into a contract with
the City within the period of time provided for by the bid re-
quirements . •
The documents included within the sealed bids which require
completion and execution are the following:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience •
Said documents shall be affixed -with the appropriate nota-
rized signatures and titles of the persons signing on behalf
of the bidder. For corporations, the signatures of the presi-
dent or vice-president and secretary or assistant secretary are
required and the corporate seal shall be affixed to all docu-
ments requiring signatures. In the case of a partnership, the
notarized signature of at least one general partner is required.
All bids are to be compared on the basis of the Engineer's
estimate. The estimated quantities are approximate only, being
given solely as a basis for the comparison of bids.
No bid will be accepted from a contractor who has not been
licensed in accordance with the provisions of Chapter 9, Divi-
sion 3 of the Business and Professions Code. The contractor
shall state his/her license number and classification in the pro-
posal. The estimated cost of the work is
rage
Plans, special provisions and contract documents may be
obtained at the Engineering Department, City Hall, Carlsbad,
California, at no cost to licensed contractors for the first
set. Additional sets are available for a non-refundable fee
of .$6.25 Per set.
.V
The City of Carlsbad reserves the right to reject any or
•all bids and to waive any minor irregularity or informality
in such bids.O
The general prevailing rate of wages for each craft or
type of workperson needed to execute the contract shall be
those as determined by the Director of Industrial Relations
pursuant to the State of California Labor Code, Part 7, Chap-
ter 1, Article 2, Sections 1770, 1773 and 1773.1.
Pursuant to Section 1773.2 of said Labor Code, a current
copy of applicable wage rates are on file in the Office of the
City Clerk of the City of Carlsbad.
•
It shall be mandatory upon the contractor to whom the
contract is awarded to pay not less than the said specified
prevailing rates of wages to all workpersons employed by him/
• her in the execution of the contract.
Also, the prime contractor shall be responsible to insure
compliance with provisions of Section 1777.5 of the California
Labor Code of the State of California for all occupations with
apprenticeships as required on public works projects above thirty
thousand dollars ($30,000) or twenty (20) working days or for
specialty contractors not bidding for work through a general or
prime contractor involving more than two thousand dollars ($2,000)
or more than five (5) working days.
The amount of the bond to be given for the faithful perform-
ance o£ the contract for said work shall be one hundred percent
(100%) of the contract price therefor, and an additional bond in
the anount equal to fifty percent (50%) of the contract price for
said vork 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 cone by the contractor for any work or labor
of any 'kind done thereon . .
Partial and final payments on this contract shall be in ac-
cordance with Section 9 of the 1979 edition of "Standard Specifi-
cations for Public Works Construction."
// ' Approved by the City Council/of the City of Carlsbad, Cali-
fornia, by Resolution No . b^H ^/f adopted on the /^'/- ^-day of
, A //( ^ , / _ , 19>;n . ^ s~\ /77rr. _ _ • -
AtliTIIA"!. R/vUTT-NTHTANZ , CITY 'CL'ElCK
Page 3
CITY OF CARLSBAD
CONTRACT NO. 1083
*
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. 1083 in accordance
.with the plans and specifications of the City of Carlsbad, and
the special provisions, and that he/she will take in full payment
therefor the following unit prices for each item complete, to wit:
Item Article with Unit Price or • " Approximate Unit
No. -Lump Sum Vnritten in .Words Quantity 5 Unit Price TOTAL
1 'Asphalt "concrete surfacing
complete in place, including v
tack coat and fog seal on the
streets listed in the attached
specifications at
%_ Dollars
Cents ' 9,880 TONS
pe.r ton
TOTAL (written in words)
Addendum(a) No(s). A/0/y^ has/have been received and
is/are included in this proposal.
All bids are to be computed on the basis of the given es-
timated quantities of work, as indicated in this proposal, times
the unit price as submitted by the bidder. In case of a dis-
crepancy between words and figures, the words shall prevail.
In case of an error in the extension of a unit price, the cor-
rected extension shall be calculated and the bids will be com-
puted as indicated above and compared on the basis of the cor-
rected totals.
The estimated quantities of work indicated in this proposal
are approximate only, being given solely as a basis for compari-
son of bids.. . *
The undersigned has checked carefully all of the above
figures and understands that the City will not be responsible
for any errors or omissions on the part of the undersigned in /•—\
making up this bid. ™-ri!
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. 252913 , Identification 95-2097-169 .
The undersigned bidder hereby represents as follows: (1)
That no Councilperson, officer, agent or employee of the City of
Carlsbad is personally interested, directly or indirectly, in
this contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its of-
ficers, agents or employees, has induced him/her to enter into
this contract, excepting only those contained in this form of
contract and the papers made a part hereof by its terms; and
(2) that this bid is made without connection with any person,
firm or corporation making a bid for the same work, and is in
all respects fair and without collusion or fraud.
Accompanying this proposal is BOND
(cash, c e r t i i i e d~~c h e ck, bond
or cashier's check)
in an amount not less than ten percent (10%) of the total bid
price. .
•\
The undersigned is aware of the provisions of Section 3700
of the Labor Code which require every employer to be insured
against liability for 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
cfe,sf^tfBtftaT.T ppnnnrfc; rp
«> -savi«v ' e>. H.-ntnfaPhono yumber
Date
3701 Haymar Drive (P.O.Box 1008)Autlioriled'sidijatture
"'1 '
Carlsbad, Ca. '$2008.^"... Gcxrporafcion -..',-'.>'
Bidder's Address . Type of Orge.uEati.bn
.(Individual ,• Corpot'atio&V* "fco-
. • V .. Partnership) " "' .
. * • -
' List below names of 'President, Secretary, Treasurer and Manager if a
corporation, and names of all co-partners if a co-partner ship ;
' Thomas'L.' Streuter,'"President -
.'Donald. M. Hickethier, Ex.V.Pres.
Thomas.G.Cochran, Tr. Sec.
"Joseph Gr wilking', Treasurer BES1
ORIGINAL
STATE OF CALIFORNIA.
COUNTY nr LOS ANGELES
OFFICIAL SEAL i
MICHELE E. DRAKULICHI
NOTARY PUBLIC CALIFORNIA I
PRINCIPAL OFFICE IN |
-,a!s.f, LOS ANGELES COUNTY |
My Commission Expires August 30, 1981 f
^m«mM'Mi'iiiiir.iMt!i'iMi)'i>)iii!iiiiiiiiHiiitniiiiiiiH'ttftiinitrlHBMii»i»MHt»iiiMtHniHT
ACKNOWLEDGMENT- Corporation ~"^^ "
ss.
ON-AUGUST 14 1980_
before me, the undersigned, a Notary Public in and for said State, personally appeared___ __ THOMAS L. STREUTER S DON M. HICKETHIER
PRESIDENT & EXECUTIVE VICE-PRESIDENT
HICKETHIER
., known to me to be the
Of y,e SOUTH COAST ASPHALT PRODUCTS COMPANY
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.
WITNESS my hand and official seal.
Notary Public in and for said State.
n R i r * i M AUSlluil\^:teERIS BOND TQ ACCOMPANY PROPOSAL
BOND MO. 76604G (8799)
PREMIUM: INCLUDED IN BBSU
KNOW ALL PERSONS BY THESE PRESENTS:
That we, south coast Asphalt Products c.n. ; » as Principal,
and 'seaboard surety Company , as Surety, are held
and firmly bound unto the City of Carlsbad, California, in the sum
f* •£ ._. _ . . _ ^ _ . T^ r*. 1 T r* •*- r-in-- ____ — .of Ten Percent of f.bp Tr>t-ai Anount'-of . ,..x.....
($10% of Bid _ ) , lawful money of the United States for the pay-
ment '^T~wnTcn~Tum~~w8 11 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 FOR VARIOUS CITY STREETS
1980-81 STREET RESURFACING PROGRAM
CONTRACT NO. 1083
in the City of Carlsbad, is accepted by the City Council of said
City, and if the above-bounden Principal shall duly enter into
and execute a contract including required bonds and insurance
policies within twenty (20) days from the date of award of con-
tract by the City Council of the City of Carlsbad, being duly
notified of said award, then this obligation shall become null
and void; otherwise, it -shall be and remain in full force and
effect, and the amount specified herein shall be forfeited to
the said City.
In the event any Principal above named executed this bond
as an individual, it is agreed that the death of any such Prin-
cipal shall not exonerate the Surety from its obligations under
this bond.
«
IN WITNESS WHEREOF, we hereunto set our hands and seals this
^ 20th _ day of August - _ • _ , 1930 .i
Corporate Seal (if corporation) south _ coast Asphalt Product.? Cu^any
Principal
SFABOA3S SURETY COMPANY~
j->f,/.
_ Thomas L. SUreuter,
By
^ t .CAITHRMER, ATTOI^EY-IN-FACT >t .- D°n M" Hickethier Ex. v- ry- -- __ - , - notarial acKnowledpemcnt of exe
A+4. , , , , ' f cution by all PRINCIPALS andAttach acknowledgement of SUR ^ ^ { attached
Attorney in Fact
Attach Power of Attorney
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
OFFICIAL SEAL 1
MICHELE E. DRAKULICH I
NOTARY PUBLIC CALIFORNIA i
PRINCIPAL OFFICE IN 1
_ .. LOS ANGELES COUNTY 1
| My Commission Expires August 30, 1981 I
"ACKNOWLEDGMENT"—corporation
AUGUST 20 1180
before me, the undersigned, a Notary Public in and for said State, personally appearedThpmas_L. Streuter,(Pres.)& Don M.Hickethier(Ex.V.P.)
•_ , known to me to be the
President & Ex.Vice Pres.
Ofthe_ SOUTH COAST ASPHALT PRODUCTS COMPANY
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.
Thomas L. Streuter, President
Don M. Hickethier,
WITNESS my hand and official seal.
STATE OF
CALIFORNIA
COUNTY OF
LOS ANGELES
ss.
On this 2Qth.day AUGUST
J.H. CAITHAMER
19. 8.0..., before me personally came
to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, the corporation described
in the within instrument, and he acknowledged that he executed the within instrument as the act of
the said SEABOARD JURETY COMPANY in accordance with authority duly conferred upon him by
said Compan^nui';^^/ilCHELE E. DRAKULICH i
NOTARY PUBLIC CALIFORNIA I
PRINCIPAL OFFICE IN 1
LOS ANGF.LES COUNTY I
Form 242 | My Commission Expires August 30, 1981 I Notary Public.
i i V*(Certified Copy
' ' \
No. 727,"?
NEW YOKK, IN'i.w YOHK
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the state
of New York, has made, constituted atul appointed and by these .presents does make, constitute and appoint J, ft. Caithamer—
0£ Long Beach, California
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: Unlimited in amount, but restricted to bonds for
Sully-Miller Contracting Company and/or Southern Pacific Milling Company, Inc. and/or South
Coast Asphalt Products Company, Inc.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Conv
pany on December 8th, 1927, with Ariienclments to and including April 6, 1978 and are still in full force and effect:
ARTICLE VII, SECTION 1:
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertaking* of the Company, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary,
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
from time to time determine. •
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
ORIGINALIN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .?.?.£";
day of ..........P.?.^ef. 19....7.3
Attest:SEABOARD SURETY COMPANY,
Vice-President
O „ iKaren Hayes By W. S. Wehrell -(Seal) ..* „ .„...,<
Assistant Secretary
iTATE OF NEW YORK 1
COUNTY OF NEW YORK Css" »...'.•,-. ... 27th , c December t_ 73 , f 1t .On this ¥^ day of 19 before me personally appearedW.r...S:...Wehrell . . _ a vice-President of SEABOARD SURETY COMPANY,
with whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the State of .*?eK..?e.?.s.e.)f. ;
that he is a Vice-President" of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
President of said Company by like authority. . • ' •
(Seal)
State qf New York, No. 24-7104540
Qualified in Kings County
Certificate filed in New York County
Commission Expires March 30, 1980 Violet Johnson
Notary Public
CERTIFICATE
This Certificate may be signed'and sealed by facsimile under and by authority of the following re-solution of the Board of Directors of SE\-
BOARP-SURHTY COMPANY at a meeting duly called ami held on the' 28th day "of June 1978.
"RESOLVED:' (2) That the use of a printed-facsimile of the corporate seal of the company and of the -signature of an Assistant Secretary
on any certification of the correctness of a copy of an instrument executed tiy the President or a Yu-e-1'resiileiit pursuant to Article VII. Section
1,'of the Hy-Laws ap|x>intmg and authorizing an attorney-in-fact to sinn in th-o name and on behalf of the company surety bonds, underwriting
ui'idei'takings or other instruments' described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually
affixed and made, hereby is authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
20th_ day of AUGUST....... 19.0.0...'....
Assista/i Secretary
Korro 957 (Rev.
Page 7
•DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the
following listed contractors in making up his/her bid and that the
subcontractors listed will be used for the work for which they bid,
subject to the approval of the Public Works Administrator, and in
accordance with applicable provisions of the specifications. No
changes may be made in these subcontractors except upon the prior
approval of the Public Works Administrator of the City of Carlsbad.
The following information is required for each subcontractor. Ad-
ditional page can be attached if required.
Full '
Item(s) . Company Complete Address Area Code
of Work _ Name _ with 7iT> r0de _ _ Phone No.
v ,_u A >///-;/ L UK /* r* I?T/>-/>. 6
Page 8
DESIGNATION OF SUBCONTRACTORS (continued)
The bidder is to 'provide.the following information on the
subbids of all the listed subcontractors as part of the sealed
bid submission. Additional page can-be attached if required.
Full
Company
Name
Type of State
Contracting
License & No.
Carlsbad
Business
License No.*
Amount
of ($ or %)
Sully-Miller Contracting Co. Type A |1_S38 20353 37%
&$
*Licenses are renewable annually by January 1st. If no valid li-
cense indicate "none." Valid license must be obtained prior to
submission of signed contracts. • •
' SOUTH COAST ASPHALT P RODUCTS.. CQ .
Bidder's Company Name
37Q1 Haymar Dr.,(PO BOX 10O8)Carlsbad, Ca. •
Bidder's Complete Addrjis-s—^ 92008
Authorized Signature
Page 9
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a notarized or sealed
statement of his/her financial responsibility.
SEE.- ATTACHED STATEMENT
QRiGiKi'AL
DON M. HlCKETHIER^xecuLive Vice Pi-eaideni-
(NOTARIZE OR COKPO.'UJT2 SHAL)
< A
Condition at close of business_.Pe.ceinber_.3.1.y—-_19-7JL
ASSETS
Current Assets
1 Cash- '.---•
4 Sums earr*"! on incomplete contracts
5 Otlier accounts receivable
6 Advance- 'cv constnioHon jo'pt ventures
7 Materi?!1- i'i ^to-^k not included in Tt*rn 4
9 Otlier c'UT'~in'' nswts
Fixed and Otlier Assets
10 Real estate
11 Construction pl^nt and enmpn)*»nt
12 Furniture and fixture
13 Investmr'r1f<; of n tK*n-c\irr«>n'' patum
14 Oth*r non-fi'T^nt assfih!
Tc
LIABILITIES ANTJ
Current Liabilities
15. Current portion of notes payable, exclxisive of equi
and real estate encumbrances
16. Accounts pavable . _ .
17 Oth^r current liabilities
Othci Liabilities and Reserves
18, R^al estfte (=bn^umbnmrv''":
19. Equipment obligations secured by equipment
20. Other non-current liabilities and non-current note:
Capital and Surplus
22, Capital Stock Paid Up -
23 Surplus ( or N'^t Worth ) , • -
TOTAL LiABira-nces A
DETAIL
5
TOTAL_
Note 1
Note 1
Note 1 .
1
2
432
432
__2.a_
LD9JLJ
956
37
656
Tm-AT. . .__,
™:
804
166
517
681
5Z8._
5J.5...
TTAL ASSTTTS
> CAPITAL
oment oblications
~;~i 597
560
TOTAT.
s payable . . „
T(VTAT.
175 I
542
131
7.95...
2SD...
803
500_
808
I 7.|565 §17
TOTAL
ND CAPri'AI
CONTINGENT LIABrLITIES
24. Liability on notes receivable, discounted or sold
25. Liability on accounts receivable, pledged, assigned
26. Liability as bondsman
27. Liability as guarantor on contracts or on accounts
2S. Other contingent liabilities . -
TOTAT,
or sold... .._ \T
of others .
/-'
. '*" _-!-U-_ . ^ ' " -
CONTINGENT LiAimjnKsv ^~^x., -\^ -^ - -
TOTAL
. 4~| -743 I.S27.
lol_637 914
•> \ 158 f 586
&<^n | 111
7 1629 1217
10J637 J914
• - - ,
-Show details i'cde>
Unaudited
bcn&ncs "> Km column, extending tot»b of main-headinzj to it-oond colmfiiiLv"xf-;"x:
THOMAS L, STRET L K1
_X4-A /-v^- --.[7]
Page 10
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work.of a similar
character to that included in the proposed contract he/she
has successfully performed and give references, with tele-
phone numbers, which will enable the City to judge his/her
responsibility, experience and skill. An attachment can be
used if notarized or sealed.
County of San Diego 565-5125
State of California 294-5162
City of Oceanside 439-7157
City of Carlsbad 438-5541
_
S L STOUTER ERESIDENI
(NOTARIZE OR CORPORATE SEAL,
M. HICKETHIER Executive Vice President
Page 11
THIS AGREEMENT, made and entered into this £^ day of
by and between the City of Carlsbad,
California, hereinafter designed as "City", party of the first
part, and South Coast Asnhalt Products Co. _ 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 FOR VARIOUS CITY STREETS
1980-81 STREET "RESURFACING PROGRAM
CONTRACT NO. 1083
and to perform and complete in a good and workpersonlike manner
all the work pertaining thereto shoxvn on the plans and specifica-
tions therefor; to furnish at his/her own proper cost and expense
all tools, equipment, labor and materials necessary therefor (ex-
cept such materials, if any, as in the said specifications are
stipulated to be furnished by City) , and to do everything required
by this agreement and the said plans and specifications.
2. For furnishing all said materials and labor, tools and
equipment, and doing all the work contemplated and embraced in
this agreement, also for all loss and damage arising out of the
nature of the work aforesaid, or from the action of the elements,
or from any unforeseen difficulties which may arise or be en-
countered in the prosecution of the work until its acceptance by
the City, and for all risks of every description connected with
the work; also, for all expenses incurred by or in consequence
of the suspension or discontinuance of work, except such as in
said specifications are expressly stipulated to be 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 12 •
specifications; and the said parties for themselves, their heirs,
executors, administrators, successors and assigns, do hereby
agree to. the full performance of the covenants herein contained.
4., The notice to bidders, instructions to bidders, con-
tractor's proposal, and the plans and specifications, and all
amendments thereof, when approved by the parities hereto, or
when required by the City in accordance with the provisions of
the plans and specifications, are hereby incorporated in and made
a part of this agreement.
5. Pursuant to the Labor'Code of the State of California,
the City Council has ascertained the general prevailing rates of
per diem wages for each craft or type of worker needed to exe-
cute the contract and a schedule containing such information is
included in the Notice Inviting Bids and is incorporated by ref-
erence herein.
6. The Contractor shall assume the defense of and indemni-
fy and hold harmless the City, and its officers and employees,
from all claims, loss, damage, injury and liability of every
kind, nature and description, directly or indirectly arising from
the performance of the contract or work, regardless of responsi-
bility for negligence; and from any and all claims, loss, damage,
injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by
the contract, regardless of responsibility for negligence.
i
7. Contractor shall cause the City to be named as an addi-
tional insured on any policy of liability or property damage
insurance concerning the subject matter or performance of this
contract taken out by Contractor.
8. The Contractor shall cause the City to be named as an'
additional insured on any workers' compensation insurance policy
taken out by Contractor concerning the subject matter of this
contract. If Contractor has no workers' compensation insurance
policy covering the subject matter of this contract, then Con-
tractor shall either (1) acquire such a policy naming the City
as an additional insured prior to the start of any work pursuant
to this contract or (2) shall assume the defense and indemnify and
save harmless the City and its officers and employees from all
claims, loss, damage, injury and liability of every kind, nature
arid description which would otherwise be covered by such workers'
compensation insurance policy regardless of responsibility for
negligence.
9. The Contractor shall submit to the City the policies
mentioned in Paragraphs 7 and 8 or proof of workers' compensa-
tion self-insurance prior to the start of any work pursuant to
this contract.
10. Any controversy or claim in an amount up to $100,000
arising out of or relating to this contract or the breach thereof
Page 13
shall be settled by arbitration in accordance with the con-
struction industry rules of the American Arbitration Associa-
tion and judgment upon- the award rendered by the arbitrator(s)
may be entered in any California court having jurisdiction
thereof. The award of the arbitrator(s) shall be supported
by law and substantial evidence as provided by the California
Code of Civil Procedure Section 1296.
IN WITNESS WHEREOF, the parties hereto have caused this con-
tract to be executed the day and year first above written.
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
By,
AWRBVED
ji I jpr' ft TJ
len&chke, A&istant
AS/TO FORM*
jrty iTtt o rney
iey
South Coast Products Co,
Contr
JHQS. L STREUTEK PRESIDENT
Title
^^, |>C|IJ>|1.^ .A,XT'VJt-^—
)ON M. HtCKETHIER
PresidentTitle
CITY OF CARLSBAD, CALIFORNIA
x""""9
B^—Mayor
ATTEST:
City Clerk
Iai/5
STATE OF CALIFORNIA
COUNTY OF San Diego
September 19. 1980
ss.
before
the undersigned, a Notary Public in and for said County and State,
personally appeared ThOimS L.
known to me to be the_
HlckethlerExec. VP
President, and_Don M.
, known to me to be
the corporation that executed the
within Instrument, 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.
in
O
SAFECO
FOR NOTARY SEAL OR STAMP
wvwwvy
MA ROBERTS
NOTARY PUBUC-CAUfWmiA
Principal Offic* in SM Mm Comfy
My CommiBhw Exp.i
Page 14
LABOR AND MATERIAL BOND BONDRo* ^O'V^li
PREMIUM: THE PREMIUM ON THIS BONO IS INCLUDED IF
KNOW ALL PERSONS BY THESE PRESENTS : IHAI tf ™E PE8fOBMANCE BOND-
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 6295 adopted Sopt«»ber 2. 1980
has awarded to South Coast Asphalt Products Co. • ,
hereinafter designated as the "Principal", a contract for:
ASPHALT CONCRETE OVERLAY FOR VARIOUS CITY STREETS F| -'
1980-81 STREET RESURFACING PROGRAM LS >'^
CONTRACT NO. 1083 ' DRfPIMAI
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 Const Asphalt Products Co.'
as Principal, hereinafter designated as Contractor, and Seabor^
Surety Coapaav ; as Surety, are
held firmly bound unto the City of Carlsbad in the sum of One Hundred
Twenty On® thousand PRO Hundred l^wity Ei$it S 80/100—— Dollars ($121,128.80 )
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 15
1192.1 of the Code of Civil Procedure so as to give a right of
action to them or their assigns in any suit brought upon this
bond, as required by the provisions of Section 4205 of the Gov-
ernment Code of the State of California.i
And the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alterations or ad-
ditions to the terms of the contract or to the work to be per-
formed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time,
alterations or additions to the terms of the Contract or to the
work or to the specifications.
In the event any Contractor above named executed this bond
as an individual, it is agreed the death--qf any such Contractor
shall not exonerate the Surety from its obligations under this
bond.
.IN WITNESS WHEREOF, this instrumen
by the Contractor and Surety above n
.» 19
has been duly executed
on the /<$'*'-*• day of
(Notarial acknowledg
of execution by ALL
PRINCIPALS must be
attached.)IHOS. C. STREOTER
DON ETHIEfl Contractor Executive Vice President
SEABOABD SURETY COMPAff?
(seal)
t HOLLAND <TTMIiCT.ni.fttTSurety
Attach acknowledgement of Attorney in Fact,
Attach Power of Attorney.
STATE OF CALIFORNIA
COUNTY OF San Diego ss.
On September 19. 1980 before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared TnOITiaS L.
known to me to be the President, and
Vr
Don M.
, known to me to be
the corporation that executed the
within Instrument, known to me to be the persons who executed the
within In.-trument on behalf of (he corporation therein named, and
acknowledped to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
SAFECO
FOR NOTARY SEAL OR STAMP
MA ROBERTS %
NOTMY nMUC-UUFOMU
STATE OF
CftLIFOKNIA
COUNTY OF
LOS AKGELE3
On this iSth SEPTEMBER ....19...QQ.., before me personally came
to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, the corporation described
in the within instrument, and he acknowledged that he executed the within instrument as the act of
the said SEABOARDjSURETY_COMPANY in accordance with authority duly conferred upon him by
said Company. f ^^^ OFFICIAL SEAL
MICHELE E. DRAKULICH
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
Form 242 | My Commission Expires August 30, 1981 Notary Public.
STORIGINAL
f] R " i V M A I PERFORMANCE BONDUs uU ilMrVL
Page 16
BOND No..
i 3Q3- OOKNOW ALL PERSONS BY THESE PRESENTS: """'"
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 6295 adopted September 21 1980 ,
has awarded to South Coast Asphalt Products Co. ,
hereinafter designated as the "Principal", a contract for:
ASPHALT CONCRETE OVERLAY FOR VARIOUS CITY STREETS
1980-81 STREET RESURFACING PROGRAM
CONTRACT NO. 1083
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.
as Principal, hereinafter designated as the "Contractor", and
Seabord Surety Company as Surety,
are held and firmly bound unto the City of Carlsbad, in the sum
of TMD Hundred Forty T*o Thousand Two Hundred Fifty Seven I 60/100 Dollars
($242,257.60 ), 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 intent and
meaning, and shall indemnify and save harmless the City of Carls-
bad, its officers and agents, as therein stipulated, then this
obligation shall become null and void; otherwise it shall refnain
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 s'ame shall not
affect its obligations on this bond, and it does hereby waive
Page 17
notice of any change, extension of time, alterations or addition
to the terms of the contract or to the work or to the specifica-
tions.
In the event that any Contractor above named executed this
bond as an individual, it is agreed that the death of any such
Contractor shall not exonerate the Surety from its obligations
under this bond.
IN WITNESS WHEREOF, this instrumehtlxis been duly executed
by the Contractor and Surety above nam&d^in the \^ day of
(Notarial
of execution by ALL
PRINCIPALS must be
attached.)
Contractoffixecaoive viue
SEABOARD SUEETY COMPANY
I HQLIMD
Surety
Attach acknowledgement of Attorney in Fact.
Attach Power of Attorney.
STATE OF \
CALIFORNIA > SS.:
COUNTY OF )
LOS ANGELES
On this 15th. day SEPTEMBER 19.80--, before me personally came
FRANK E. HOLLAND
to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, the corporation described
in the within instrument, and he acknowledged that he executed the within instrument as the act of
the said SEABOARD SURETY COMPANY in accordance with authority duly conferred upon him by
said Company.
Form 242
OFFICIAL SEAt
MICHELE E. DRAKULICH
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
L My Commission Expires August 30, 1981
IHimHHIIIIIIIIIIIInminiiiiiiltiiiiniimnnniitiiniiiinimiiiiiml«inttiiiiiiimti..mi.m..
Notary Public.
STATE OF CALIFORNIA
COUNTY OF ,San Diego
On_September 19, 1980
ss.
before me.
the undersicned, a Notary Public in and for said County and State,
personally appeared JhOmaS L. StfCUter
known to me to be the
Don M. Hlckethler
Exec. VP
-President, and-
, known to me to be
the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledped to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors. ,
Signature
SAFECO
FOR NOTARY SEAL OR STAMP
OFnCMlSEAL
MA ROBERTS
mama PUCUC-OUFOMM
NHdpH Odid ta SM Dtoff CtuMi
My eoHMtaiM h* Anftnt W, IW3
ORIGINAL
Certified* Copy'• Si;.WoAKr> HlTKKTY
*r . . __ _ ^
POWER OF ATTORNEY UnlulNALNo. 7848 NEW YOKK' NEW Y°RK
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the state
of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Frank E.
Holland or James 0. Pittman or W. Duane Rash or J.L. O'Neal or T.H. Douglas
of Long Beach> California
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, under-
takings and other instruments of similar nature as follows: Limited to the amount of $2,500,000 for bonds
executed on behalf of Sully-Miller Contracting Conpany and/or Southern Pacific Milling Conpany,
Ind. and/or South Coast Asphalt Products Conpany, Inc.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact, pursuant to the authority hereby
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Com-
pany, on December 8th, 1927, with Amendments to and including April 6, 1978 and are still in full force and effect:
ARTICLE VII, SECTION 1:
• ."Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary,
a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the Chair-
man of the Board, the President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board may
from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of itsVice-
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .....?.?nM
day of flBrjJ, , 19...7.6..
Attest: SEABOARD SURETY COMPANY,
* ) • ' Bv
Assistant Secretary Vice-President
STATE OF NEW YORK )
COUNTY OF NEW YORK }SS"
On this .?.?.?£: day of f3?£?::7. 19 .„..., before me personally appeared
K^t.-SWldergen a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New..XQrk ;
that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
President of said Company by like authority.
State of New York
No. 43-4503755 Qualfied in Richmond County
Certificate filed in New York County
(Seal) Cotmission Expires March 30, 1979 IKaxm.feyrity.
Notary Public
CERTIFICATE
I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which
the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice President
who executed the said Power of Attorney was one of the Officers authori/ed by the Board of Directors to appoint an attorney-in-fact as provided in
Article VII, Section 1, of the By-Laws of SEABOARD SURF.TY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Board of Directors of SEA-
BOARD SURETY COMPANY at a meeting duly called and held on the" 28th day of June 1978.
"RESOLVED:. (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary
on any certification of the correctness of a copy of an instrument executed by the President or a Yice-President pursuant to Article VII. Section
1, of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the company surety bonds, underwritingundertakings or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manuallyaffixed and made, hereby is authorized and approved."
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
15th. day Of SEPTEMBER 19...99.
Assist/ht Secretary
Form 957 (Kcv. 6-71)
Page 18
CITY OF CARLSBAD
CONTRACT No. 7083
General Provisions
1. . Definitions
A. Reference to Drawings: Where the words "shown", "indicated",
"detailed", "noted", "scheduled", or words of similar import are
used, it shall be understood that reference is made to the drawing
accompanying these provisions unless stated otherwise.
B. Directions: Where the v/ords "directed", "designated", "selected",
or words of similar import are used, it shall be understood that
the direction, designation, selection, or similar import of the
architect is intended unless stated otherwise. The word "required"
and words of similar import shall be understood to mean "as required
to properly complete the.work as required and approved by the City
Engineer" unless stated otherwise.
C. Equals and Approvals: Where the words "equal", "approved equal",
"equivalent" and such words of similar import are used, it shall be
understood such words are followed by the expression "in the opinion
of the architect" unless otherwise stated. Where the words "approved",
"approval", "acceptable", "acceptance", or words of similar import are
used, it shall be understood that the approval, acceptance, or similar
import of the architect is intended.
'D. Perform and Proyide: The word "perform" shall be understood to mean
that the contractor, at her/his expense, shall perform all operations,
labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified, or required to
complete such performance. The word "provide" shall be understood to
mean that the contractor, at her/his expense, shall furnish and install
the work, complete in place and ready for use, including furnishing of
necessary labor, materials, tools, equipment and transportation.
E. Language and Intent: The specification section is v/ritten in a modified
bri~ef style consistent with clarity. In'general, the words "the"s"shall", "will", and "all" are not used. Where such v/ords as "perform",
"install", "erect", "test", or v/ords of similar import are used, it
shall be understood that such words include the meaning of the phrase,
"the contractor shall". The requirements indicated and specified
apply to work of the same kind, class and type, even though the word
"all" is not stated.
2« Codes and Standards
Standard specifications incorporated in the requirements of the speci-
fications by reference shall be those of the latest edition at the
•• time of receiving bids. It shall be understood that the manufacturers
Page 19
General Provisions - Contract Mo.1083
• ' -
«
Codes and Standards (continued)
or producers of materials so required either have such specifications
available for reference or are fully familiar with their requirements
as pertaining to their product or material.
3. Manufacturer's Instructions
Where installation of work is required in accordance with the product
manufacturer's directions, the contractor shall obtain and distribute
the necessary copies of such instructions, including two copies to
the City Engineer.
4. Internal Combustion Engines
All internal combustion engines used in the construction shall be
equipped with mufflers in good repair when in use on the project
(with special attention to City Noise Control Ordinance Mo. 3109,
Carlsbad Municipal Code, Chapter 8.48).
5. City Inspectors
All work shall be under the observation of a City Contruction In-
' . spector. Inspectors shall have free access to any or all parts of
work at any time. Contractor shall furnish inspectors with sr:h
information as may be necessary to keep her/him fully informed
regarding progress and manner of work and character of materials.
Inspection of work shall not relieve contractor from any obligation
to fulfill this contract.
6. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be
inserted in this contract shall be deemed to be inserted herein and
the contract shall be read and enforced as though it were included
herein, and, if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon application
of either party the'contract shall forthwith be physically amended
to make such insertion or correction.
7. Intent of Contract Documents
The contractor, her/his subcontractors and materials suppliers shall
provide and install the work as indicated, specified and implied by
the contract documents. Any items of work not indicated or speci-
fied, but which are essential to the completion of the work, shall
• bo provided at the contractor's expense to fulfill the intent of
said documents. In all instances throughout the life of the contract
Page 20
General Provisions - Contract No. 1033
Intent of Contract Documents (continued)
the City will be the interpreter of the intent of the contract
documents and the City's decision relative to said intent will be
final and binding. Failure of the contractor to apprise her/his
subcontractors and materials suppliers of this condition of the
contract will not relieve her/him of the responsibility of compliance.
8. Substitution of Materials
The proposal of the bidder shall be in strict conformity with the
drawings and specifications and based upon the items indicated or
specified. The contractor may offer a substitution for any material,
apparatus, equipment or process indicated or specified by patent or
proprietary names or by names of manufacturer which she/he considers
equal in every respect to those indicated or specified. The offer,
made in writing, shall include proof of the State Fire Marshal's
approval (if required), all necessary information, specifications and
data. If required, the contractor,at her/his own expense, shall have
the proposed substitute, material, apparatus, equipment or process
tested as to its quality and strength, its physical, chemical or other
characteristics, and its durability, finish, or efficiency, by a
testing laboratory as selected by the City. If the substitute offered
is not deemed to be equal to that so indicated or specified, then the
contractor shall furnish, erect, or install the material, apparatus,
equipment or process indicated or specified. Such substitution pro-
posals shall be made prior to beginning of construction, if possible,
but in no case less than 10 days prior to actual installation.
9. Record Drawings . -
Contractor shall provide and maintain at the project site one complete
set of white background prints of all mechanical and electrical draw-
ings which form a part of the contract. Immediately after the work
•-..., is installed, contractor shall carefully draw on these prints all work
which is installed at variance with the work as indicated on the draw-
ings arid locate by measured dimensions to building corners or,to o.ther
permanent monuments, the location and.depth of all underground utility
distribution. Upon completion of the work, Contractor shall deliver
the set of correct prints to the City in good condition with every
change in the v/ork indicated thereon.
10. Permits
The general construction, electrical and plumbing permits will be
issued by the City of Carlsbad at no charge to the contractor. The
contractor is responsible for all other required licenses and fees.
Page 21
General Provisions - Contract Mo. 1083
11. Quantities in the Schedule
The quantities given in the schedule, for unit price items, are for
comparing bids and may vary from the actual final quantities. Some
quantities may be increased and others may be decreased or entirely
eliminated; no claim shall be made against the City for damage
occasioned thereby or for loss of anticipated profits, the contractor
being entitled only to compensation for the actual work done at the
unit prices bid.
The City reserves and shall have the right, when confronted with un-
predicted conditions, unforeseen events, or emergencies, to increase
or decrease the quantities of work to be performed under a scheduled
unit price item or to entirely omit the performance thereof, and upon
the decision of the City to so do, the City Engineer will direct the
contractor to proceed with the said work as so modified. If an in-
crease in the quantity of work so ordered should result in a delay
• to the work, the contractor will be given an equivalent extension of
time.
Page 22
SPECIAL PROVISIONS
1. Work To Be Done
The work to be done consists of furnishing all labor, equipment and materials
and performing all operations necessary to complete the asphalt resurfacing
of the following streets as shown on the attached location map and as speci-
fied in these Special Provisions:
Street
El Camino Real
Washington St.
Walnut Ave.
Alder Ave.
Valley St.
Baldwin Lane
Highland Dr.
Harbor. Dr.
Citrus PI.
Shore Dr.
Tierra del Oro
Sunnyhill Dr.
Davis Ave. & Place
Tyler St.
Tuttle St.
Walnut Ave.
Pine Ave.
01ive Ave.
Date Ave.
Limits
Chestnut Ave. to Haymar Dr.
Elm Ave. to Grand Ave.
Carlsbad Blvd. to Garfield
Sunnyhill to E/Terminus
Chestnut Ave. to Andrea Ave.
Chinquapin to S/Terminus
Oak Ave. to Chinquapin Ave.
Chinquapin to S/Terminus
Jefferson St.
Carlsbad Blvd
Carlsbad Blvd
Alder Ave. to
Laguna Dr. to
Oak
Las
(Ft.)
Length
(Ft.)
Avge.
Width
to E/Terminus
to Carlsbad Blvd.
to N S S/Terminus
S/Terminus
Knowles St.
Ave. to Chestnut Ave.
Hores to 350' South
Roosevelt to Tyler
Roosevelt to Tyler
Garfield to E/Terminus
Garfield to E/Terminus
6530
427
379
1095
1710
270
5000
640
270
1250
'815
2550
770mo
360
150
160
585
550
61
2k
45
28
22
33
23
34
33
32
40
30
34
24
30
34
35
21
18
(Inches)
A.C. Overlay
Thickness
2
2
1
H1
1
1
1
H1
li
U
1
1
2. Plans and Specifications
The specifications for the work consist of the Standard Specifications of the
City of Carlsbad, the 1979 edition of Standard Specifications for Public Works
Construction (hereinafter designated SSPWC)asissued by the Southern Califor-
nia Chapters of the American Public Works Associations and these contract docu-
ments and specifications.
3. Construction Schedule
The contractor shall submit a construction schedule per Section 6-1 of the
SSPWC at the time of the preconstruction conference.
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 30 consecutive calendar days from the receipt of said
notice.
23
Street Closures, Detours, Barricades
The contractor shall not close any street within the City of Carlsbad with-
out first obtaining the approval of the City Engineer. Barricading, traffic
control and detour diagrams shall be submitted by the contractor as required
by the City Engineer.
The contractor shall provide and install barricades, delineator warning de-
vices, and construction signs in accordance with the Model Work Area Traffic
Control Handbook (WATCH) prepared by the Southern California Chapters of the
American Public Works Association. During adverse weather or unusual traffic
or working conditions, additional traffic devices shall be placed as directed
by the City Engineer. All traffic signs and devices shall conform to the
current State of California, Department of Transportation, "Manual of Warning
Signs, Lights, and Devices for Use in Performance of Work upon Highways," un-
less otherwise approved by the City Engineer.
The contractor shall provide and maintain 48-inch high ref lectorized cones
at 20 feet on center with ribbon along walkways of high pedestrian use, so
designated by the Construction Inspector.
During paving operations barricades may be supplemented with minimum size
18-inch high traffic cones and delineators such that spacing between barri-
cades and/or cones or delineators is no greater than 25 feet. At all access
points such as intersecting streets, alleys, and driveways, barricades and/or
cones shal 1 be provided at 5~foot intervals so as to prevent vehicular access
to the paving area. Where access from an intersecting street is prohibited,
a "Road Closed" sign shall be provided at the nearest prior intersection.
"No Left Turn" signs shall be provided wherever required by the City Engineer.
When one-vvay access from a side street or alley is permitted, barricades and
cones shall be provided at 5-foot intervals for a distance of 50 feet on
either side of the centerline of the intersecting street or alley.
Should the contractor fail to furnish a sufficient number of traffic and/or
pedestrian safety devices, the City Engineer will place such necessary items
and the contractor shall be liable to the City for providing such devices
in accordance with the following provisions.
a. For placing of barricades - $5-00 per barricade for the first day or
• any part thereof and $2.00 per barricade per day for each day there-
after or any part thereof. ,
b. For flashers - $2.50 per flasher for the first day or any part thereof
and $1.00 per flasher per day for each day thereafter or any part
thereof.
c. For traffic cones - $1.00 per cone for each day or any part thereof.
d. In the event that the services of the City are required between the
hours of 6:00 p.m. and 7:00 a.m., during the normal week or at any
time on Saturday, Sunday, or a City holiday, there shall be an addi-
tional charge to the above set forth minimums of $25 for each service
trip required.
Judgment as to adequate or sufficient barricading shall be that which is
adequate or sufficient in the opinion of the City Engineer.
Page 2k
The contractor shall relocate, preserve and maintain the visibility of all
existing signs within the project limits which affect the flow of traffic,
as directed by the City Engineer. Any signs which are damaged or removed
by the contractor during the course of construction shall be replaced by
the contractor at contractor's expense as directed by the City Engineer.
All other signs that interfere with
the course of work and are not necessary for the safe flow of traffic will
be removed and replaced by the City. Traffic control signs include "Stop"
signs, speed limit, parking restrictions and other regulatory signs.
5. Maintaining Traffic
The contractor shall maintain one lane of traffic in each direction during
working hours of 8:30 a.m. to 3:30 p.m. and shall maintain full width of
travel lanes of existing roadway during the hours of 3=30 p.m. and 8:30
a.m. On Saturday, Sunday and designated legal holidays, and when con-
struction operations are not actively in progress on working days, the con-
tractor shall maintain all travel lanes of the roadway. Any deviaions of
these requirements shall be approved by the Engineer.
The contractor shall insure that access to the businesses along the streets
to be resurfaced shall be maintained at all times.
All costs related to the installation, maintenance and removal of traffic
provisions and safeguards, shall be considered as included in the prices
paid for the various contract items of work and no additional payment will
be made therefor.
6. Asphalt Concrete
a. Asphalt concrete shall be Type I-C-AR-^OOO and shall conform to the re-
quirements of Sections 203 and 302 of the SSPWC. For sections where
feathering is required, the contractor may at the direction of the En-
gineer use Type I-E-AR-^OOO.
b. All asphalt concrete material shall be deposited and spread on the pre-
pared surface by means of an approved self-propelled mechanical spread-
ing device. Use of a motor grader for spreading shall not be permitted.
c. All surfaces to be resurfaced shall be swept and cleaned prior to the
paving operation.
d. Tack coat shall be SS1 type asphaltic emulsion and shall be applied at
the rate of 0.12 gallons per square yard.
e. Asphalt concrete material shall be overlain to a minimum depth as spe-
cified in Section 1 above except where it is to be feathered at the road-
way edges.
f. The contractor shall pave over the tops of all sewer and storm drain access
holes and meter box covers. Covers shall be treated to prevent adhesion
• of the asphalt concrete.
Page 25
g. All utility structures and covers shall be adjusted to grade by the
respective utility. The contractor shall be responsible for marking
the location of all utility covers.
h. The unit price paid for asphaltic concrete shall be considered as full
compensation for all labor, equipment and materials and all things nec-
essary to complete the work as shown on the plans and as specified in
these specifications, and no additional payment will be made therefor.
7. Water for Construction
The contractor shall obtain a construction meter for water utilized during
the construction under this contract. The contractor shall contact the
appropriate water agency for requirements. Contractor shall include cost
of water and meter rental within appropriate item of proposal. No separate
payment will be made.
8. Publ ic Noticing
"No Parking" Signs; The City will provide the contractor with "No Parking
by Order of Police Department" signs for use in posting streets in advance
of the work. Signs shall be placed at least 2k 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.
* *
Temporary signing shall be removed as soon as the streets are ready to re-
ceive traffic and turned over to the Engineer.
Door Knob Notices: The Engineer will also provide the contractor with door
knob notices which will further serve to advise residents of the impending
parking restrictions. 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 surfaced; this shall be done two
days prior to placement of "No Parking" signs.
Payment; Payment for the placement of the "No Parking" signs and door knob
notices shall be considered included in the bid price paid for asphalt con-
crete and no additional payment will be made therefor.
ASPHALT OVERLAY QF VARIOUS
CITY STREETS- m-80 STREET
PftOGRAM-COA/TRAC7 /083
LEGEND
A.C. OVERLAY
* A.C. OVERLAY
" A.C.
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ORIGINAL