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Southland Sealing and Striping; 1983-09-07; 3146
CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for SWIMMINS POOL PARKING LOT CONTRACT NO, 3146 //: APRIL, 1983 DEVELOPMENTAL ' SERVICES ENGINEERING DEPARTMENT c \< 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003-1939 (619) 433-5541 Cttp of CariShafc July 8S 1983 SWIMMING POOL PARKING LOT CONTRACT NO. 3136 ADDENDUM NO. 1 The bid opening time is changed from 2:00 PM on July 18, 1983, to 3:00.PM on July 18, 1983. ROBERT J. WOJCIK Project Manager RJW:hmj DEVELOPMENTAL SERVICES ENGINEERING DEPARTMENT 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1S89 (619) 438-5541 Cttp of Cartefcab • • "^ ' JULY 12, 1983 SWIMMING POOL PARKING LOT CONTRACT NO. 3136 ADDENDUM NO. ; Bidders are hereby notified that the Notice to Proceed to'the successful bidder will be August 19. The Contract is required to be completely finished by September 23. . - « The Contract will be awarded at the August 2, 1983 City Council meeting. Therefore, the return, of signed contract and bonds, and a pre-construction meeting must all take place between August 3 and August 18, 1983. ROBERT J. WOJCIK Project Manager RJW:hrnj ORIGINAL C:City Engineer " Assistant City Manager/Developmental Services TABLE OF CONTENTS ORIGINAL ITEM - ' PAGE * NOTICE INVITING BIDS . 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS - 8 BIDDER'S STATEMENT OF FI-NANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE - . ll"« CONTRACT • '.12 * LABOR AND MATERIALS BOND ' 16 PERFORMANCE BOND ' '18 "GENERAL PROVISIONS . .20 SPECIAL PROVISIONS . 26 ORIGINAL CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until. 2:00 PM on the-July 18, 1983, at which time they will be opened and read for performing the work as*follows: SWIMMING POOL PARKING LOT CONTRACT NO. 3146 . , * The work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished, by the Engineering Department. Each bid must be accompanied by security in a form and amount x'equired by lav;. The bidders' security of the second and third next lowest responsive bidders may be.withheld until the contract has'been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590} appropriate • securities may be substituted for any money deposited with the City to secure any obligation required by this notice. . • The documents which must be completed, properly executed, and notarized are: 1. Proposal : 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's estimate is $ 26,000. No bid shall be accepted from a contractor who has not been licensed in accordance with the provisions of State law. The contractor shall state his or her license number and classification in the proposal. «• One set of plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. Additional sets are available for a nonrefundable fee of $ 1.1.00 per set.. Page 2 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the.contract for work. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. \ * Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to 100 percent of the contract price shall be required for work on this project. Approved -by the'city Council of the City of Carlsbad, California, by Resolution No. 7127 ' adopted on the '21st day of June , 19 83 . Data/ / Al£tha L. RsutenkVana, Page 3 CITY OF CARLSBAD " . CONTRACT NO. 3146 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. 3146 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 Item Article w/Unit Price or Quantity . .Unit No. Lump Sum Written in Words & Unit Price : TOTAL 1. Grading af£^ 7lU^, L.S, Ztdollars & n£> _ cents lump sum. 2. P. C.C., driveway depression 14 L.F. - dollars_ . & i__ g& cents per lineal foot. -3. Clearing & grubbing at L.S. dollars & /?/V cents - per lump sum. 4. 4" white strip-ing at , < . •-*€«? 4* >>/r ^ nojars ^6*5' • 2* 3 . O O & A/? cents per lump sum. Page 4 Item No. 5. 6. Article w/Unit Price or Lump Sum Written in Words 4" P.C.C. swale at "do"! 1 ars cents per square foot. 2" A.C. paving & seal coat atT(.;.k. <te*<s* do! 1 ars & r\o ^ cent s per ton. Approximate Quantity * & Unit 425.5 S.F. Unit Price TOTAL 2.00 315 Tons Total amount of bid in words: •Sey<s>,-?'fe<£r>eUlU/o, Total amount of bid in numbers: jT\ Addendum (a) Mo(s) Qnare included in this proposal. has)/have been received and Page 5 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the. words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals.. • • . 4 • The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes'of the State of California., providing for the registration'of contractors, License No. 33 ^ - J 3 2f Identification f\ . * The undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing,.of the City Council, its officers, agents or employees, has induced him/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 \ (Cash, Certified Check,Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 6 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. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. Phone Number Date jLn CA- Bidder's Name {/Author ized S ignature vj -..--,.- / Af 0} _ Authorized Signature C pro hi e.f«?h Bidder's Address Type of Organization (Individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: (NOTARIAL ACKNOWLEDGEMENT OF.EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL)ORDINAL STATE OF CALIFORNIA, 'LMJL EAL ..ifi1.' «.,-• ';:i' NOIAKV rllflLIC— CALIKOfiNiA Vv,'l'''''';-v'7 PStKCiPAL OFFICE HI S Vi'''.'^yr SAN DIEGO CO'JNTY \ My Commission Expires November 23, 1S84^J Jg/yr /s before me, the undersigned, a Notary Public in and for said State, personally appeared ^l}i^" ZELLA M. NORWOOD j to be the person whose name •• •/-.•'• . ., ..,-. — ,..».» >-tt<ii ii-» r* * I i C.1") l"i M: L\ • on/4 n/^l/nnufl/YrffYnsI trt n\i. fk*i^ _, known to me, ' /.subscribed to the within Instrument, and acknowledged to mu that _ he _ ' executed the same. WITNESS my hand and official seal. f— •$-. — - Notary Public in and for said State. S^t!q«Ho^mH!^^ STATE OF CALIFORNIA COUNTY OF San Diego ^-w v* «**"*Ji^™T''tf*~-^~*zi?acts OFFICIAL StAL || CATHY M. BATSELL j UOTAHY FWUC-OMIFORNIA f PP'.NCIi'AL OFFICE IN >\ SAN DICGO COUNTY |}, Expire:, Feb. 24, ]rJW_ ft ACKNOWLEDGMrNT-General-Wotaffls Form 233CA-Rev. 5-82©198? woicorrs, INC. ffl SS' On this _14th . day of June _, in the year 19,83 before me, the undersigned., a Notary Public in and for said State, personally appeared June M. lavernier , ; ; , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name 15 subscribed to the within instrument, and acknowledged to me that -Lhe executed it. ' WITNESS my hand and official seal. Notary Public in and (or said State. STATE OF CALIFORNIA COUNTY OF San Diego ift^^ViVv'-.it x^-isr>s« X>T>--,v>^ .V V OFFICIAL SEAL CATHY M. BATSELL jI! :7 \i.^>A CATHY M. HA > Sr.LL j « (-$$ *^i$ NOTARY PUBLIC-CALIFORNIA $ \ Vfr.r^-^vV PRINCIPAL OFFICE IN J I X>fj|>t&A SAN DIEGO COUNTY i , . -Mv Commission Expiie-: Frb. 24, 191*5 < x^^^yz^x^&v^^v^^*'^" ACKNOWLEOGMENl-Genefal-Wolcotts Form J33CA-R«v. 5-S2 C198? WOIC011S. INC On this 14th . day of June .. in the year 19.83 before me, the uadersioned., a Notary Public in and for said State, personally appearedJune M. TaveYnier - : , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name TS subscribed to the within instrument, and acknowledged to me that §_he executed it. WITNESS my hano" and official se Notary Public in and for said State. STATE OF'_ County of California San Dieqo On this. ) ss: jday of Judy E. Harcum 19 CJ3, before me : , a Notary Public, personally appeared Cathy M. Batsell personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as Udy Co*wt*i OFFICIAL SF_Al JUDY E. HARCUM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY Commission Empires Sept. 23, 1983 Notary Publican and for the County of San Dieqo state of L040E12S2 ... L05-042330-91 Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: ... That we, Southland Sealing & Striping , as Principal, and Balboa Insurance Company ^ , as Surety,, are held and ' •firmly bound unto the City of Carlsbad, California, in the sum df *Three Thousand and no/100ths* Dollars ($3>UUU.UU )~ lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. 0 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: SWIMMING POOL PARKING LOT . . . CONTRACT NO. 3146 . ,s ' in the City of Carlsbad, is accepted by the City Council of said City, and if the abovebounden Principal shall duly enter into and execute a contract •including required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award, then this 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 Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 14th day of June • , 1963 Corporate Seal (if Corporation) Soiithalnd g Sealing & Striping Principal .We M.By | ' June M. Tavernier, Owner Title [ - (Notarial acknowledgement of execution by all PRINCIPALS and (Attach acknowledgement of SURETY must be attached.) Attorney in Fact) Balboa' Insurance Company. Cathy M. Batsell, Attorney-in-Fact ORIGINAL ORIGINAL BALBOA INSURANCE COMPANY GPA GENERAL POWER OF ATTORNEY POWER OF ATTORNEY VALID ONLY If- NUMBERED IN RED Know All Men by These Presents, That BAI BOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, dues by these presents make, constitute and appoint . CATHY M. BATSELL San Diego and State of Cal i form'a _. its true and lawful Attorney(s)-in-I;act, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver JQNIRACJ-BQNDS. (S_._B._A. Guarantee_Aareemen_t)" - MAXIMUM PENALTY $350,000.00 OTHER CONTRACT BONDS -'"MAXIMUM PENALTY T2507000.00 " " ALL OTHER BONDS - MAXIMUM PENALTY" $50,000.00"" ~ ' ~ "THIS "POWER 0F ATTORNEY SHAlL TEWMTTMP~Tjr OF NO FURTHER EFFECT AFTER DECEMBER 31, and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Rt'S'.th'ed, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attoiney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section J. Attorney-in-Fact. Attornoy-in-Fact may be given full power and authority for and in the name of and on behalf of (lie Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such, instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa insurance Company has caused these presents to be signed by its executive n j_«4. . .^ Corp0nlte seai }O [)c hereto affixed this ±;L^ _day of .\s•vs State of California ,< '•* _• ss.: County of Orange On this i!1 UilLi am. JE.al_giJ.t±. A/-/^ /nII \ Inccrp: 3 Feu. G, _______ ? be{ure me personally came _. , to rne known, who, being by me duly sworn, did depose and say, that he resides in ___________ Mission Viejo,. California _____ _ ___ __, that he is Fxpcutive yiC£--Pre.sideni: ______ of BALBOA INSURANCE COMPANY, the company described in and which executed the abo'-e instrument; thai tie knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was s- . affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Off ICE »N !ANGt COUNTY £sti.-« Aug. 30, 193S \ Notary Public I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and coirect copy of the Origiiv.il Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do heieby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called an-j held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RhSOl.VLD, that the signature of the Secretary or any AssistanfSecretary of this Corporation, "and the seal of this Corporation, may be altixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." CrIVLN under by hand and the seal of said,.Conipariy, at New _ __ ^rLLikUL- 10 fe3" ' ...... " ...... ' ort Beach, California, this THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO._A-L25.r:j2z:4i Page 8 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 City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Eiigineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: 'Full Complete Items of Company Address Phone No. Work ' Name «" w/Zip Code w/Area Code Page 9 DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* i ' Amount of Bid ($ or %) *Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained .prior to submission of signed contracts. enin-i. «.;n „ SOUTHLAND SEALING & STRIPING3226 laurashawn Lane (Notarize or Corporate Seal) 7-68-95 - (714/565-2667 Bidder s Complete Address Authorized Signature STATE OF CALIFORNIA COUNTY OF San Diego . OFFICIAL SEA M.' PRINCIPAL OF. icrSAN DIEGO COUNTY ACKNOWLEDGMENT-Getwjl-Wolcotts Form 233tA-R»v 582 €M982WOlCOTtS. INC. ' On this.14th day of.June 83., in the year 19___, before me, the undersigned, a Notary Public in and for said State, personally appearedJune M. Tavermer ; ; : , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name 15 subscribed to the within instrument, and acknowledged to me that §_he executed it. ' WITNESS my hand.and official seal. ;ary Public in and for said State. STATE OF CALIFORNIA COUNTY OF San Diego OFFICIAL SEAL CATHY M. BATSELL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN iCOUNTY ACKNOWLEDGMENT-General-Wolcotts Form 233CA-R«v. S-8J £'1962 WOLCOTTS. INC >ss. On this 14th . day of June _, in the year 19.83 before me, the undersigned a Notary Public in and for said State, personally appearedJune M. Tavermer , personally known to me (or proved to me OTI the basis of satisfactory evidence) to be the person_ whose name_ TS subscribed to the within instrument, and acknowledged to me that §_he_ executed it. WITNESS my hand and.official seal.. • . Public in and for said State. ORIGINAL Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. Signature (Notarize or 1 Corporate Seal) ORIGINAL NORWOOD-FOWLER, INC. PO BOX 2425 ESCONDIDO, CALIFORNIA 92025 April 5, 1983 To: Roger and June Tavernier 3226 Laurashawn Lane Escondido, CA 92026 The accompanying balance sheet of Southland Sealing and Strip- ing (a Proprietorship) as of Dec. 31, 1982, and the related Statement of Income for the twelve month period of Jan. 1, 1982 through Dec. 31, 1982 have been compiled by us. A compilatation is limited to presenting in the form of Finan- cial statements, information that is the representation of man- agement. We have not audited or reviewed the accompanying Financial Statements, and accordingly do not express an opinion on them. NORWOOD-FOWLER, INC. .ZELLA M. NORWOOD ROGER TAVERNIER DBA SOUTHLAND SEALING AND STRIPING BALANCE SHEET . • DECEMBER 31, 1982 ASSETS Current Assets: Cash Accounts Receivable Prepaid Expenses Work in Process Other Current Assets,(Note 2 ) Total Current Assets Property and Equipment, net (Note 3) Investments -(Note 4) 8,249: 148,944. 21,458. 24,922. 2,575. $ 206,148, 85,208. 27.898. $ 319.254, LIABILITIES AND E'QUITY Current Liabilities: Accounts Payable $ 91,813. Current Portion Long Term Debt (Note 5) 119,007. Payroll Taxes Payable 889. Accrued Payroll . 3,492. Long Term Debt (Note 5) Proprietor's Equity $ 215,201. 41.897. $ 257,098. 62,156. $ : .SEE ACCOUNTANT'S NOTES TO FINANCIAL STATEMENT ROGER TAVERNIER DBA SOUTHLAND SEALING AND STRIPING STATEMENT OF INCOME.AND PROPRIETOR'S EQUITY FOR TWELVE MONTHS ENDED DEC. 31, 1982 Income - Southland Sealing $ 1,309,646. Cost of Good Sold 719,361. " « Operating Expenses 501,837. Net Operating Income $ 88,448. Gain on Sale of Assets 3,500. Interest and Dividend Income -819. Net Income $ 92,767. Proprietor's Equity - December 31, 1981 77,006. Proprietor's Withdrawals (107.617) Proprietor's Equity - December 31, 1982 $ 62,156. SEE ACCOUNTANT'S NOTES TO FINANCIAL STATEMENTS ROGER TAVERNIER DBA SOUTHLAND SEALING AND STRIPING SCHEDULE TO STATEMENT OF INCOME AND PROPRIETOR'S EQUITY .FOR THE TWELVE MONTHS ENDED DEC. 31, 1982 COST OF SALES: . Purchases, net of discounts $ 487,741. Subcontract 200,645. Lodging 2,912. Equipment Rental 20,764. Hauling 7,299. TOTAL COST OF SALES $ 719,361. EXPENSES: Salaries and Wages $ 215,409. Sub-Contracts 300. Auto and Truck Expense 6,2 95. Commissions . 25,746. Consulting Fee . 2,400. Bad Debt Expense (2,912.) Depreciation 32,134. Dues and Subscriptions 1,241. Employee Benefits . 161. Freight • 8. Fuel ' 29,110. Insurance 54,814. Interest 22,027. Laundry and Cleaning 2,918. Legal and Accounting 4,852. License and Permits ' 4,373. Office Expense 4,299. Rent ' 15,094. Rental of Equipment 1,138. Repair and Maintenance 29,772. Security Building 1,016. Shop Supplies . 17,165. Taxes on Payroll 18,944. Taxes - Other 69. Telephone 3,760. Travel and Entertainment 4,321. Utilities . 68. Advertising 7,315. TOTAL EXPENSES ^ $ . 501.837. .SEE ACCOUNTANT'S NOTES TO .FINANCIAL STATEMENT ROGER TAVERNIER DBA SOUTHLAND SEALING AND STRIPING DECEMBER 31, I<y82 Statement of Changes in Financial Position ^ Source of Funds: Net Income $ 92,767. Add back items not re- quiring an outlay of cash Depreciation 32,134. • Total from Operations $ 124,901. * Increase of Long Term Debt 16,540. Total Source of Funds $ 141,441. Use of Funds: Capital Equipment $ 26,503. Proprietor Withdrawals 107,617. Other Assets • ' 15,590. • Total Use of Funds $149,710. Net Decrease in Working Capital $ (8,269.) Statement of Changes in Components of Working Capital Current Assets: Cash $ 77,288. Accounts Receivable (49,515.) Work in Process 2,859. Prepaid Expenses (4,004-.) Ace. Deprec. from Sale of Asset ' 10,820. Increase (Decrease) in Current Assets $ 37,448. Current Liabilities: Accounts Payable . $ (44,532.) Current Portion - Long Term Debt ( 1,784.) Payroll Taxes Payable 1,195. Accrued Payroll ( 1,856.) Accrued Expenses 1,260. Increase (Decrease) in Current Liabilities $ (45,717.) Net Decrease in Working Capital $ (8,2690 SEE ACCOUNTANT'S NOTES TO FINANCIAL STATEMENTS. ROGER TAVERNIER DBA SOUTHLAND SEALING AND STRIPING NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1982 NOTE 1. Accounting Policies - . Financial statements have been prepared in accordance with generally accepted accounting principles. Assets are depreciated using the straight-line and double declining balance methods over the estimated useful life of the asset. There is no provision for income taxes as the company is a sole proprietorship and all income taxes are reported on the proprietor's personal income tax return. NOTE 2. Other Current. Assets_ Employee Advance Security Deposits NOTE 3. Property and Equipment Furniture and Fixtures Machinery & Equipment -Autos and Trucks Accumulated Depreciation $ , 2,090. 485. $ 2,575. $ A,428. 186,884. 114,108. $•305,420. $220,212. $ 85,208. Aggregate depreciation for the current year is $32,134. Various machinery, equipment and trucks are security for long- term debt. NOTE 4. INVESTMENTS Tavernier Trucking R & J Seal $ 18,776, 9,122. $ 27,898. CONTINUED ROGER TAVERNIER DBA . SOUTHLAND SEALING AND STRIPING NOTES TO FINANCIAL STATMENTS DECEMBER 31, 1982' •PAGE 2. NOTE 5. LONG TERM DEBT Current Long • Total Portion Term Debt Various Short-Term Nor.th County Bank Notes $ 95,000. -0- 95,000. North County Bank, Various Terms & Interest Rates 10,086. 2,027. 12,113. Royal Insurance Co. 11,397. -0- 11,397. Huber . -0- 25,000. 25,000. C I T Bank 2,524. 14,870. 17,394. Page 11 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 telephone numbers, which.will enable the 'City to judge his/her responsibility, experience and skill. An attachment can be used if notarized, or sealed. Date Name and Phone No. Contract Name and address of Person Amount of Completed of the Employer to Contact Type of Work Contract (,/lf/ ** %?/?z /30/f3 C/M/?3 %/$3 . • ^"w^r'c^r &O5 e. t- f*\ 1 Si' ' O n C'/ty a f £scox<J'«i(> OA Pt<, t &e.c. O/4 of bet />WG^i ^cZi^r - . . - . (Notarize or ma Coroorate Seal) IP As^y^oM- Ji] 1 - v^6 f O r i' i ' £ . & y A 0 / c k ~~f~"h o f p *- paJf £*lT-e- Z.O- r 1 - . . .- l*Jt>A K5 3/nfrot/* menis P*. fin ^ **n£\ r • *?z?r.,*™^ - ,• -• 'n/.* . ^,V( S\ r 31&0. 3- *O.W & JOtool ?~ //,£(>» ~~ 9_fe_ X^,, Se«£-r ..- '^T^ ORIfilNAL '• STATE OF CALIFORNIA COUNTY OF San Diego CATHY M. BATSFLL :1} '\f ' "\'-;\ UAim !Vi. Q/\ 1.^-1-1.?itSS^ NOTWJYPiJeUC-CALIFORNI il W&lffi»wfe^5i ^—^ 1 V'/v riviii^ * '"• •" —&/ SAN DIEGO COUNTY »CKNOWLEOGMENI-G«nijra(-W»lci>ns Fwm 233CA-Rev. 5-82©1982 woicons. INC ' i On this 14th . day 'of June , in the year 1983___________ , ___ , __ ...... before me, the undersigned., a Notary Public in and for said State, personally appearedJune M. Ta vernier : - .. • , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name ...,....1^ subscribed to the within instrument, and acknowledged to me that §_he executed it. WITNESS my hand and official seal. otary Public in and for said State. ORIGINAL Page 12 CONTRACT - 'PUBLIC WORKS This agreement is made this __ 7 daY of 19 by__ and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and whose whose principal place of business is _ __ _ (hereinafter called "Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the contract documents for: SWIMMING POOL PARKING LOT CONTRACT NO. 3146 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or the plans and specifications; and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment. As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph) . a. In the total amount of * I 777 7 to be made in a lump sum not later than 35 days from the date of the filing of the notice of completion. amount ofb. c. Oo a unit price basis of as shown on hereof. __ to be made in periodic payments nt schedule attached hereto and made a part the payment schedule attached hereto unit to be made as shown on a part hereof. Page 13 Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is. aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcome unanticipted underground conditions. Any information that may have been furnished to Contractor by City about underground conditions, or' other job conditions is for Contractor's convenience only, and City does not warrant that the conditons are as thus indicated. Contractor is 'satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incured in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completion of the work caused by' acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless signed by the City Manager nor shall any change or extra work order of more than $10',000.00 be. effective unless approved by the City Council. Prevailing Wage. Pursuant to the Labor Code of the State of Ca1ifornia, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and a schedule containing'such information is in the City Clerk's office*and is incorporated by reference herein. Page 14 9. Indemnity. Contractor shall assume the defense of and indemnify 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 responsibility 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. 10. Insurance. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers Compensation. Contractor shall 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", Contractor shall either: a. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or b. Shall assume the defense and indemnify and save harmless the City and.its officers and employees from all claims, loss, damage, injury and liability of every kind., nature and description which would otherwise be covered by such workers' compensation insurance . policy regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self insurance prior to the start of any-work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association 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. Page 15 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Title CITY OF CARLSBAD, CALIFORNIA City Manager, for contracts less than $10,000 Mayor, for/contracts $10,000 and above ATTEST: City Clerk STATE OF CALIFORNIA, COUNTY OF_ ZELLA M. NORWOOD NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN •"VlfiS*- SAN DIEGO COUNTY My Commission Expires November 23, 1984 ss. ON_/// "f r •# before^ie, tne undersized, jjltotary JPublic in and ^for said^State^ personally appeared to be the person^ whose nameX- and acknowledged to me that 'j^Y executec' the same. WITNESS my hand and official seal. , known to me, subscribed to the within Instrument, Notary Public in and for said State. Ifc POUR-ORIGINAL COUNTERPARTS Page 16 Bonii #105-078288 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Cou*mrHr-iof the City of 6/£^iS8ad» State of California, by Resolution No. adopted , Southlana Sealing & Striping has awarded to hereinafter designated as the "Principal", a contract for: SWIMMING POOL PARKING LOT ' CONTRACT NO. 3146 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond wiLl pay. the same to the extent hereinafter set forth.Soifthland Staling & Striping Principal, Eight and the City of ^affs'b'ad in the:! Dollars ($j said sum being one hundred per cent (100%) 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 ourseves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labpr thereon of auy 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 4202 of the Government Code of the State of California. ORIGINAL Page 17 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrumen|2tt*is been duJfcBfB*lPuted by the Contractor and sfiJety above named, on the day of • , 19 . Southland Staling & Striping s(Notarize or Corporate «— Seal for each Signer) V *-^~^-< s^l & June H. lavernler Contractor Balboa Insurance Company 'it Cathy H./ Batsel 1, Attorney-iii-fact Surety ORIGl STATE OF_ County of California San Diego ' ss: On this.jday of Judy E. Harcum £<A 19 Qv^, before me , a Notary Public, personally appeared iatny M. patseil .personally known to me (orproved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- *dgedjQjngj£g£jigi^^ the Balboa Insurance Company thereto and his own name as Attot ne^^^^'^^^^^a/\isfM /IrllAM JUDY E. HARCUM /ii!*-^?i"*tv.Z.'SW'>\ M»-vT A r»w ni i m ir\ *-« » i \r-f\ri* MA \ X"""^. £ OFFICIAL SEAL JUDY E. HARCUM NOTARY PUBLIC-CALIFORNIA i°/ PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Lxpires Sept. 23, 1983 L040E1282 Notary Public &i and for the County of San Diego state of California STATE OF CALIFORNIA, COUNTY OF_ ss. ON_ befor OFFICIAL SEAL ZELLA M. NORWOOD iiy, NOTARY PUBLIC — CALIFORNIA '/ PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires November 23, 1984 )re^ne, the undafsigngd-a Notary Public in and for said State, personally appeared A>yg4 r\ T/K^W'M '0™*' f^2Mff Ai' —-v known to me,1 • , niivnn LU uic to be the person_Jwhose name^ /jr* r subscrlhcri to the within Instrument, and acknowledged to me that ..-They executed the same.I acknowledged to me that ..-7hey WITNESS my hand and official seal. Notary Public in and for said State. EXECUTED Ift FOUR ORI6IWAL COUNTERPARTS 0105-078288 Prepiurv; $356.00 Page 18 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. _ _ — •- --- j— adopted _ 8/2/83 , has awarded to Southland Staling I Striping _ . hereinafter designated as the "Principal", a contract for: SWIMMING POOL PARKING LOT CONTRACT NO. 3146 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, SouthUnd Sealing I Striping _ ^ as Principal, hereinafter designated as the "Contractor", and _ baltoa insurance Uxapany as the sum_ being equal to 100 per cent (10o%) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Surest, .are he Id, and firmly bo.und,untq_ the City of Carlsbad, in f *5*iveflt*tn Thousand sntn ftbdred Sevtnty S«ven* noll 'OJ: uoiidrb ORIGINAL Page 19 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 affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 12ttby of AtlQUSt 19 83 — . Southland Sealing & StHpIng e %yi^u (Notarize or Corporate Roger S Jung M.U Seal for Each Signer) Contractor Balboa Insurance Company Cathy M.1 Batttll, Atty-1n-Fact Surety STATE OF CALIFORNIA, OF. SEAL ZELLA M. NORWOOD ? NOTARY PUBLIC— CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission ON /7^"^V Z£ . , „___ before^ne, trie undersigned.^Notary Public in and for said State, personally appeared to be the person^? whose nameJL and acknowledged to me that ^ft\etf executed the same WITNESS my hand and official seal. , known to me, .subscribed to the within Instrument, Notary Public in and for said State STATE OF_ County of California San Diego ) ) ss: On this. Judy E. Harcum _day of J9.me . , a Notary Public, personally appeared Catny M. Batsell personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- - - - * ' " [gme of the Balboa Insurance Company thereto and his own name as 'act. OFFICIAL SEAL JUDY E. HARCUM NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Sept. 23, 1983 L.040E12S2 Nckary PubliiQin and for the County of San Diego rstate»/• California map! ORIGINAL Page 20 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by -the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. f The Construction Plans consist of 1 sheet(s) designated as City of Carlsbad Drawing No. 219-5 The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE . ^ The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. b) Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. ^••P tfiasW^f | ORIGINAL Page 21 c) Direct iors: . - Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise . d) 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 Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. e) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified., or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary, labor, materials, tools equipment and transportation. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference . If the completion date shown on the Notice to Proceed letter is not met by the Contractor, he will be assessed the-daily salary of the City inspector for each working.day beyond the completion date, as damages. Page 22 Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 30 consecutive calendar days from the date of receipt of said "Notice to Proceed." NONCONFORMING WORK - The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. 9% INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. Page 23 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors • and materials suppliers of this condition of the contract will not . relieve her/him of the responsibility of compliance. 13• SUBSTITUTION OF MATERIALS The proposal of the bidder shall be "in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any m'aterial, 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, Page 24 apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which, shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical and plumbing permits _will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay .to the work, the Contractor will be given an equivalent extension of t ime. Page 25 17. SAFETY & PROTECTION OF WORKEPvS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the. premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes,' ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency : American Society for Testing Materials U.S. Government National Board of Fire Underwriters American Institute of Steel Construction American Standards Association Underwriters Laboratories, Inc. Department of Commerce Standards American Concrete Institute Abbreviation ASTM Fed. Spec. NBFU AISC ASA UL CS ACI 20. WATER FOR CONSTRUCTION The Contractor'shall obtain a construction meter for water utilized during the construction'of this contract . The Contractor shall contact the •appropriate water agency for requirements. The Contractor shall include the cost of water and meter rental'within the appropriate items of proposal, No separate payment will be made.. Page 26 SPECIAL PROVISIONS 1 . Clearing and Grubbing Clear-ing and grubbing shall include but not be limited to, the removal and disposal of all concrete and a.c. curbs, gutters, tree removal, saw cutting, all excess exacavated dirt, sidewalks, shrubs, and any other deleterious matter necessary t6 accomplish the construction of the improvements as shown on the plans and as specified in these Special Provisions. Material removal shall conform to the requirements of Section 300-1 of the SSPWC and these Special Provisions. All concrete, asphalt paving, and other materials removed shall be disposed of in a manner acceptable to the Engineer. The cost of saw cutting removal and disposal of all deleterious material shall be deemed included in the lump sum price bid for clearing and grubbing and no additional payment will be made therefor. 2 . Finish Grad ing A. Before and during finish grading all weeds and grasses shall be dug out by the root and disposed off the site. B. Finish grading shall consist of finishing surfaces by raking smoothly and evenly and removing and disposing off site all extraneous matter to facilitate natural run-off water. C. The moisture content of the soil shall not be so great that excessive compaction will occur; nor so dry that a dust will form in the air or that clods wi11 not break easily. D. Finish grading shall be smooth even and uniform with no abrupt change in surface. Soil areas adjacent to buildings shall slope away from the building to allow for positive drainage. Low spots shall be graded to drain properly. Page 27 E. The planting areas shall be graded to a level 1-1/2" below the grade of adjacent pavement walks, curbs and headers except where directed by the Engineer to allow for -drainage-. F.. Payment for finish grading shall be considered included in the bid item for grading and no additional payment will be made therefor . 3. Concrete Curbs, Gutters, Concrete Swale A. The constructon of concrete curbs, gutters, swales shall conform to Section 303-5 of the SSPWC. B. Portland cement concrete shall be 2500 PSI and shall conform to Section 201-1 of the'SSPWC. C. The swale shall be 4" in thickness with weakened plane joints and 1 1/2" X 1 1/2" 17 gauge stucco netting. Payment for redwood header required for swale construction shall be included in the price bid for swale and no additional payment will be made. 4. Asphalt Conere t e Paying A. Asphalt concrete shall be Type I-B-AR-4000 and shall conform to the requirements of Sections 203 and 302 of the SSPWC. B. Aggregate shall conform to Subsection 203-6.3.2 and shall be Type I Clas s B . C. A prime coat shall be applied to the surface of the untreated native base at the rate of 0.25 gal/SY. The prime coat shall be grade SC250. D. A tack coat shall be applied on abutting concrete surfaces, along the saw cut and on existing pavement to be resurfaced at the rate of 0.10 gal/SY. The tack coat shall be Type SSI asphaltic emulsion. ' - Page 28 E. A seal coat shall be applid to the finished surface at the rate of 0.10 gal/SY. The seall coat shal be Type SSI asphaltic emulsion with a 60-70 grade liquid asphalt. F. Before final acceptance of the work the contractor shall, in the presence of the City Inspector, test all paved areas for the correct water run off by flooding with water from hydrants. Any area where water remains standing shall be brought to correct grade to prevent ponding.f« G. Compensation for the asphalt concrete paving including prime, seal and tack coats for the parking lot and roadway join section, complete and in the place, shall be included in the unit price bid for asphaltic concrete base and no other compensation will be made therefor. Payment for redwood meader required for paving shall be included in the bid price for A.C. paving and no additional payment will be made. •* ' Obstruction and Cooperation The Contractor shall coordinate his/her work with that of other trades to avoid conflicts and shall cooperate with other forces working in the area in order to achieve a timely completion and allow work to progress in a logical manner. Due precautions shall be taken and care excercised to protect other facilities that may be in place at the time Contractor is performing the work. Should the Contractor in the course of the work enco-unter any obstruction that requires a design change or special construction method, he/she shall immediately contact the Engineer for supplemental instructions and notify the affected agency whose facility may be involved, and proceed on the basis of written instructions from the Engineer and such agencies. 6. Saftey and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of the workers and public and shall post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. Page 29 The Contractor shall notify the City of Carlbad Police and Fire Departments 24 hours prior to beginning work. In addition, the contiguous property owners shall be notified 24 hours prior to the beginning of work and also during the progress of work if sub- stantive traffic flow changes or driveway closures will affect their operat ions. 7. Cutting, Patching The Contractor shall do all cutting, fitting or patching of the work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by the Plans -and Specifications for the completed structures, and Contractor shall make good any defect as the City may direct." The Contractor shall not endanger any work by cutting, excavating, or otherwise altering the work and shall not cut or alter the work of any other contractor save with the consent of the City. 8. Traffic Requirements in Carlsbad City Streets; The Contractor shall arrange his/her work in such a mariner that the following traffic requirements are satisfied: A. Provide and maintain one 12-foot traffic lane during Contractor's normal working hours and two 12-foot traffic lanes after normal, working hours for all streets. Any one street shall not be simultaneously reduced to two lanes at more than one location. B. The complete closure of any street requires prior approval of the Engineer. C. Vehicular access to any property in the project area shall not be blocked off. 9. Traffic Control in Carlsbad City Streets; The traffic control includes the construction of detours, street closures, and related work necessary and required for the construction of the parking lot. . A. Notifications: The Contractor shall notify the following City departments 24 hours prior to the start of work on this • project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-5541 Police Department - 438-5511 Fire Department - " 438-5521 Page 30 The City of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs to be posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be removed by the Contractor immediately when not required to facilitate the work. B. Barricades, Guards and Safety Provisions: To protect persons from injury and to avoid property damage, adequate barricades, bridging, construction signin-g, warning lights and guards as required shall be placed and maintained during the progress of construction work and until it is safe for traffic to use the street. All piles of materials, equipment, pipe and other objects that may serve as obstructions to traffic shall be barricaded and have warning lights. The warning lights shall be of intermittent flashing type, amber in color and shall be working from one-half hour before dusk continually until one-half hour after dawn the following morning, and when visability is poor. All safety rules and regulations of local and State authorities shall be observed. Portable delineators, including the base, shall be composed of a material that has sufficient rigidity to remain upright when unattended and shall be either flexible or collapsible upon impact by a vehicle. The base shall be of such shape as to preclude roll after impact. The base shall be of sufficient weight or shall be anchored in such a manner that delineator shall remain in an upright position. If the portable delineators are damanged, displaced or are not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The verticle portion of the portable delineators shall be predominately orange than 2-1/4" in width cross-sectional area measured through the color. The posts shall be not less or diameter, if tapered, shall have a of not less than 100 square inches vertical axis of the delineator, normal to the roadway, the traveled way The minimum height shall be 37 inches above Page 31 Flourescent traffic cones shall be of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented flourescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of sufficient weight and size or shall be anchored in such a manner that the traffic cone will remain in an upright position. Traffic Control: In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall install signs, lights, flares, barricades and other facilities" for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic and at the end of each days work and at other times when con.s t ruct ion operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems. The Contractor may be required to cover certain signs which regulate or direct public traffic. The Engineer will determine which signs shall be covered. Construction operations shall be. conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. All streets and highways used by the Contractor shall be kept free of debris, dust and mud by the Cont ract or. Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to publi.c traffic. Page 32 When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expedited. Any proposed modifications shall be approved in writing by the Engineer. Whenever a lane closure is made, the Contractor shall close the lane by placing flouresceht traffic cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shdll be placed at the beginning and at the end of the taper. Whenever work is being performed adjacent to a lane carrying traffic, the edge of lane or edge of pavement shall be delineated by placing temporary portable delineators adjacent thereto. Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the Engineer may direct attention, to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed by the Contractor at his/her expense. Should the Engineer point out the inadequacy of warning and protective measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices. Full compensation for furnishing, placing, maintaining, replacing and removing construction signing, barricades, delineators and traffic cones; for covering signs as directed by the Engineer; and for furnishing flagpersons shall be considered as included in the various contract items of work involved and no separate payment will be made therefor. 10. Pus t Control: The Contractor shall furnish a water supply veh ic le on th"e job site. The Contractor shall apply water in the amounts and at the intervals as directed by the Engineer. The water supply vehicle and an operator shall be available upon a reasonable no'tice as determined by the Engineer for after-hour, • weekend, or holiday dust control work. If the Contractor is not available for dust control measures, the City will arrange for the work to.be performed by others and will deduct all equipment, labor and material costs thereof from the contract amount. Page 33 11. Notification To Residents and Property Owners; It shall be the responsibilityoftheContractor to notify in writing all property owners and residents along any street closed to traffic at last 24 hours prior to closure. 12. Protection, Restoration and Cleanup of Existing Improvements; The Contractor shall be responsible for the protection, restoration or replacement of any improvements existing on public or private property at the start of work or placed there during the progress of work and not specified or shown on the plans to be permanently removed. Existing improvements shall include, but are no£ limited to curbs, gutters, cross gutters, shrubs and fences. All existing improvements shall be re- constructed to equal or better the existing improvements removed or damaged. The Contractor shall select his/her -equipment with a view of minimizing the damage to street. The equipment or the type of construction method used which tends to inflict unnecessary damage to the street, in the judgement of the Engineer, may be ordered discontinued unless the Contractor demonstrates, to the . sat is fact ion of the Engineer, that modifications to his/her methods or equipment will not inflict unnecessary damage, to the street . In submitting a bid, the Contractor will be deemed to have care- fully examined the site of the work and to have become acquainted with all conditions relating to the protection arid restoration of existing improvements. The City does not guarantee that all improvements are shown on the plans and it shall be the Contractor's responsiblity to provide in the bid for the protection and restoration of all existing improvements except those otherwise specified herein. All curbs, gutters, shall be removed and replaced to the next joint or scoring line beyond the actually damaged or broken sections; or in the event that joints or scoring lines do not exist or are three or more feet from the removed or damaged section, the damaged portions shall be removed and reconstructed to neat, plane faces. Page 34 All new concrete shall match, as nearly as possible, the appearance of adjacent concrete improvements. Dumping or storage of materials or storage of equipment in public rights-of-way or private property requiring subsequent cleanup . shall not be permitted unless written permission is secured from the agency having jurisdiction or owner of the property and submitted to the Engineer and approved. All costs involved in protection, restoration and cleanup of existing improvements shall be included in other items of work. 13. Storage of Material in. Public Streets No materials shall be stored in public sidewalks, driveways, parking lots and alleys. All cost involved to comply with the above requirements shall be included in the prices bid for various items of work, and no separate payments will be made. 14. Utilities Utilities for the purpose of these specifications shall be considered as including, but not limited to, pipe lines, conduits, transmission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) and-those of private industry, business or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, street lighting and traffic signal systems. The City of Carlsbad and affected utility companies have, by a search of known records, endeavored to located and indicate on the plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all utilities and-their service connections. The Contractor shall make his own investigation as to the location, type, kind of materials, age and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition.he shall notify the City as to any utility, appurt enance_s and service connections located which have been incorrectly shown on or omitted from the plans. Page 35 15. Preparation of Sub-Base After the excessive dirt, debris, and deleterious material is removed from the parking lot, the native surface soill should be scarified a minimum depth of 6", brought to optimum moisture level nd mechanically recompacted to 90 percent of the optimum density. Removal and recompaction will be closely inspected, tested, and approved by the City Engineer. All costs for soil preparation, including the mechanical compaction, shall be included in the price bid for grading. 16. 4" White Striping Striping shall conform to S.S.P.W.F., Section 310-5. Line color shall be white, 4" in width, 15 miles in thickness and reflectori zed. Payment shall be per the lump sum bid for furnishing-all labor, materials, and equipment for striping and no additional payment will be made.