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Sunny-Miller Contracting Co; 1971-10-18; 1007
CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS AND CONSTRUCTION SPECIFICATIONS FOR I. CONSTRUCTION OF CHESTNUT AVENUE FROM JEFFERSON STREET TO HARDING STREET, AND II. RESURFACING OF VARIOUS-'STREETS IN THE CITY OF CARLSBAD. CONTRACT NO. 1007 SEPTEMBER 1, 1971 TABLE OF CONTENTS Page 1 NOTICE INVITING SEALED PROPOSALS 3 PROPOSAL 6 DESIGNATION OF SUBCONTRACTORS 7 BID BOND 8 STATEMENT OF FINANCES 9 AGREEMENT AND CONTRACT II BOND FOR LABOR AND MATERIALS . f 13 BOND FOR FAITHFUL PERFORMANCE 15 SPECIAL PROVISIONS Page I CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 10:00 A.M., on the 21st cay of September, 1971, at which time they.will be opened and read, for per- forming work as follows: Contract #1007 I. Construction of Chestnut Avenue from Jefferson Street to Harding Street, and II. Resurfacing of various streets in the City of Carlsbad. 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 of bidder's bond made payable to the City of Carlsbad, for an amount equal to at least 10 percent of the amount bid. The documents included within the sealed bids which require completion and execution are the following: 1. Page 3 - Proposal 2. Page 6 - Designation of Subcontractors 3. Page 7 - Bidder's Bond 4. Page 8 - Contractor's Financial Status The documents shall be affixed with the appropriate signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice-president and Secretary or Assis- tant Secretary are required and the Corporate Seal shall be affixed to all documents requiring signatures. In the case of a partnership, the signature of at least one general partner is required. All bids are to be compared on the-basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of Business and Professions' Code. The Contractor shall state his license number and classification in the proposal. Plans, Special Provisions and Contract Documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. A nonrefundable charge of none will be required for each set of plans, special provisions and contract documents for others than licensed contractors. It is requested that the plans and special provisions be returned within 2 weeks after the bid opening. The City of Carlsbad reserves the right to reject any or all bids and to waive any informality in such bids. Page 2 In accordance with the provisions of Section 1770 of the Labor Code, the City Council of the C-ity of Carlsbad has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic needed to execute the contract and has set forth these items in Resolution No, 1723. A copy of said Resolution is available in the office of the City Clerk in the City of Carlsbad. Page 3 CITY OF CARLSBAD I. CONSTRUCTION OF CHESTNUT AVENUE FROM JEFFERSON STREET TO HARDING - STREET, AND II. RESURFACING OF VARIOUS STREETS IN THE CITY OF CARLSBAD CONTRACT NO. 1007 PROPOSAL To the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Gentlemen: The undersigned declares that he has carefully examined the location of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract 1007 in accordance with the plans, the specifications of the City of Carlsbad, and the special provisions, and that he will take in full payment therefor the following unit prices for each item complete in place, to wit: SECTION I - CHESTNUT AVENUE BETWEEN JEFFERSON STREET AND HARDING STREET UNIT ARTICLE PRICEITEM QUANTITY 1. Lump Sum TOTAL AMOUNT Clearing and Grubbing (in- eludes removal and relocation as necessary of all obstruct- ions in right of way or limits of work including trees, curb and gutter, sidewalks, drive- ways, paving, base material, and other items as noted on plans) . The Lump Sum of UNIT TOTAL ITEM QUANTITY ARTICLE PRICE AMOUNT 2. 732 C.Y. Roadway Excavation at , I*o0 per Cu. Yd. 3. 645 Tons Asphalt Concrete Surfacing With Fog Seal (including Primed Subgrade) at*%> ?er Ton 4. 816 L.F. Type "G" Concrete Curb and Gutter, at , /k per Sq. Ft. 6. 571 S.F. 6" P.C.C. Cross-Gutter and Spandrel, including Rough and Fine Grading at <?SVi i "*/i•jx //00 per Sq. Ft. per Lin. Ft. 5. 3892 S.F. 4" P.C.C. Sidewalk, including Rough and Fine Grading at ,b\ ITEM QUANTITY ARTICLE UNIT PRICE TOTAL AMOUNT 7. 125 S.F.6" P.C.C. Driveway Approach, including Rough and Fine Grading at A. 8.1 Ea. 9. Lump Sum per Sq. Ft. Reconstruct Existing Drainage Manhole/ to £inis Each. Remove and Reconstruct Existing Fence (includes necessary grading) The Lump Sum of tfo.oo SECTION II - RESURFACING OF VARIOUS STREETS IN THE CITY OF CARLSBAD 1. 1650 Tons Asphalt Concrete Resurfacing of Various Streets (including Tack and Prime Coat) at per Ton 2. 40 Tons Crushed Aggregate Material at per Ton SUM TOTAL SECTION I & SECTION II NOTE; The award of contract shall be based only upon the combined total of Sections I and II and shall not be considered as separate contracts. 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 cal- culated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. , The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, 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. #l->38, CLASS "A" Identification #1338. CLASS "A" ., The undersigned bidder hereby represents as follows: (a) That no Councilman, officer, agent or employee of the City of Carlsbad, is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms, and (b) That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (cash, certified check, cashier's check or bond) in an amount not less than 10 percent 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 workmen's compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. i-'agc l> 57-3910 Phone Number Date Sl'l.LYMII.l.KK CONTRACTING COMPANY Bidder's Name (SEAL) Authorized Signature i I.-17 <'<\vrn 555 AIRPORT ROAD P. O. BOX 1310 OCEA.NSIDE. CALIF. 92051 (7U) 757-:*') 10 Bidder's Address Authorized Signature Type of Organization (Individual, Corporation, Co- partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co-partners if a co-partnership: SULLY-MIIJ.r?, CO.MRACTIXO COMPANY A (.A Li MM;. .: A UK; ;''H{ A ; ivr, R. K. .Mai-f;-«i:Ci)R - I'Kr^.iDKNT v>'. DU.V •.•;•: HA.-.-II • '. j-ni::v. TULA.S. & -tcc'Y .t II. I), COUi'S - \ K;E I'RKSIDRNT : II I. M- >i.V_.; (\ \ U'K l'l?Ks!i>PVy • 'A; ; n .w-VAiio:; - MCI-: PRICS. ^ MW. i'. A. Aisij-:jrr. AS^T ?.!-r;{?:-rARv VMGK. Page 0 DESIGNATION OF SUBCONTRACTOR The undersigned certifies that he has used the subbids of the following 1'isted contractors in making up his bid and that the sub- contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the City Council of the City of Carlsbad. ITEM OF WORK SUBCONTRACTOR ADDRESS 2._ 3., 4._ 5.. 6. SLILLY-MILLER CONTRACTING COMPANY Bidder's Name Authorized Signature Type of Organization (Individual, Co-Partnership or Corporation) 'SULLY.MII.LKR CONTRACTING CO. 55.-> AlWORT ROAD :—P. o no.v iam OCF:AN>IDK, CALIF. 92054 (71!) ""-.•?';)') „ Address BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL MEN BY THESE PRESENTS, That we, soiLMiLLEii commute c and HIGHLANPS INSURANCE COMPANY as Principal, , as Surety, are held and firmly bound unto"the City of Carlsbad, California, in the sum of TPV ry^cr/1/n.t.'^ ^%) /*>/=• x3/^? ^A/ Dollars ($/£% r/r/5^O ) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: I. Construction of Chestnut Avenue from Jefferson Street to Harding Street, and, II. Resurfacing of various streets, 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 for such construction and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday and Sunday) frojn the date of the mailing of a notice to the above-bounden Principal by and from said City of Carlsbad that said contract is ready for execution, 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 that any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the surety from its obligations under this bond. STATE OF CALIFORNIASTATE OF CALIFORNIA, COUNTY OF LOS ANGELE COUNTY OF LOS ANGELES On thii 21st doy of September 71 b.for. me, o Notory Public, within ond for J . H •Per"nO' ly °PPeOM>d tome p.rsonolly known, who being duly sworn, upon oath, did say that h. i. .he Ao.n, ond/o, A,,orn.y-in-fac, of and for .he HIGHLANDS INSURANCE COMPANY, 8 corporation created, organized ond existing under ond by virtue of the low, of .he State of Texas that the Corporate seal affixed to the foregoing within instrument is the seal of said Company, .ha. the seal wo, affixed, and the soid ins.rumen. wo, executed by authority of its Board of Dir.c- J.H. CAITHAMERtors; and the said ACKNOWLEDGM£Nr-Corpor3ti(m_Wol(.otti til UO L- tj^- CAV-»_w^ «"cu.e-j 1>iVard7nst>Vme«» o, the free act and deed of soid Company. L v. :M:TH ^£iv<OTA"Y '-'••WCAi::GSU!IA T ', Xi^1- LOS AN.?:L:-S CCJMTY> I U1 Cwnmiwion Dp:us,Sait. 26. 1972 t BIOIO My Commission expires Pago 0 ( V. DIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE (The Bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give reference which will enable the City Council to judge his responsibility, experience, skill and business standing.) The undersigned submits herewith a statement of his financial respon- sibility. The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he has successfully performed. Y.JttLLER CONTRACTING COMPANY Signed CONTilACTOU'S FINANCIAL STATKMl'NT JT Sully-Miller Contracting Company x'wX A C'oij\);-a!io!i f_J A Oo-p.-nIn T<hip [1 An Individual ["] Co.'iibiiuti )ii „ ..,. , , , , . December 31 ,. 10 70Condilion at close, of business .-.. 19 w— 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. ds. JO. 17. 18. 19. 20. 21. 22. ASSETS Current Assets Cash Notes receivable ' . . Act-omits receivable from completed c.' Sums earned on incomplete, contracts O'her accounts receivable Advances to construction joint venture Materials in stock not included in Item Negotiable securities Other current assets Fixed and Other Assets Real estate Construction plant and equipment Furniture and fixtures Investments of a non-current nature Other non-current assets (nlracts 4 PKTAIL 8 -••• .10 78 625 308 ! TOTAL i?;-'"!•P ? o i\ .3.0? 791 932 219 485 TOTAI 1 5 5 • ' 485 385 '77 679 641 401 781 926 543 [043 TOTAL TOTAL ASSETS.. • LIABILITIES AND CAPITAL Current Liabilities Current portion of notes payable, exclusive of equipment obligations and real or;ta(e nynmbr;:nr:::: _ •__ ' ... . "... ... . I! . Accounts pavable . Oilier current liabilities Other Liabilities and Reserves Real estate encumbrances Equipment obligations secured by equ Other non-current liabilities and non-c Reserves Capital and Surplus Capital Sloi-k Paid UP . 1 1 2 687 980 0 3 '?. TOTAL pmont * J! urrent notes pavable 1 ^434 OOP TOTAL : .1 9(790 [742 13| 273)690 23JJD64 |432 4 [667 { 179 ' 5l 434 |000 879 FjQOlj 23. Surplus (or Net Worth) 1 1?. 0^3 [_G 53^ TOTAL. TOTAL T.jAnfi.rnrs ANO CAMTAL 121963!253 "23i"064" 432" c CONTINCKNT I.IAWUTIF.S 24. Liabililv on notes vec'eivable, disrounlffl or sold ... . .. 25. Liability on accounts icceivable, pledged assimed or sold 20. Liabililv as bondsman , ;. .. . ... 27. Liabilitv as "narantor on contracts or on accounts of others 28. Other contingent liabilities . TOTAL CoN-fiNci-.N-r- LiAiMiJiriKS ift ^ — NOTE.—Show dttaiU urt'lt-r main l>«Mdin.** in fir?I co'u.nn, ntciulin^ tof.iU of main hc.ulin;** t» scc«m»f c»*Tutnn. * Various suits and claii:ir. are ponding a^aihr.;t the company. It is , the opinion of management, on the information furnished by counsel, that any ultimate liability will have no material adverse effect on the financial stat [8] °ment: Page 9 CONTRACT yv THIS AGREEMENT, made and entered into this J& day of , 197/_f by and between the City of Carlsbad, California, hereinafter designated as the City, party of the first part, and - M/LLGSL {jO*J7'nACTSV& £o « hereinafter designated as the Contractor, party of the second part. WITNESSETH: that the parties hereto do mutually agree as follows: ) . For and in consideration of the payments and agreements here- inafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for: Contract £1007 I. Construction of Chestnut Avenue from Jefferson Street to Harding Street, and, II. Resurfacing of various streets, and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor and materials necessary therefor, (except such materials, if any, as in the said specifications are stipulated to be furnished by the City) , and to do everything required by this agreement and the said plans and specifications. r 2. For furnishing all said materials and labor, tools and equip- ment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered 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 of discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay "and the Contractor shall receive in 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 the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the- terms and conditions herein contained and referred to for the price aforesaid and hereby conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. Page 10 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the plans and specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the City Engineer, and their officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract,', regardless of responsibility for negligence. IN WITNESS WHEREOF, the parties hereto have caused this contract y to be executed the day and year first above written. CARLSgAD, CALIFORNIA Mayor ATTEST; v// City Clerk Contractor Title Droved as to form: i City Attorney tarial acknowledgement of execution by c.ll PRINCIPALS must be attached.) LABOR AND MATERIAL BOND Page 11 BOND l\'o._ /UM: THr pnFM.MM „„ . ..... ' ;.J| '* L'™ 13 INCLKNOW ALL MEN BY THESE PRESENTS, THAT Jm ^'^ ^D;.J| '* L'™ 13 INCLUDED IN-•- vr. ji.t htRiOR./jANCE BOM. WHEREAS, the City Council of the City of Carlsbad, State of California, by motion adopted ' _ , has awarded to SIILLMIflLLEll CCIIilKIIHC CflHPIIT _ . hereinafter designated as the "Principal", a contract for: I. Construction of Chestnut Avenue from Jefferson Street to Harding Street, and, II. Resurfacing of various streets, 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 or its subcontractors, shall fail to pay for any materials, provisions pro- vender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done, or for any 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 Ml [Y4f IU[8 COKTfJA CTIHG CflMPM as Principal, hereinafter designated as the Contractor and HIGHLANDS INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad^ in the sum o f 5/x7faJ -rticcstuW AiW#MJAe&> ?ujefl?-'#>t> AW L)ol 1 a r s ($ / 7^£?« £~O ) , said" sum being 50 percent 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 subcontractors, fail to pay for any materials, provisions, pro- vender or other supplies, or teams, used in, upon, for or about the performance of the work 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. STATE OF CALIFORNIA COUNTY OF On this .lit , day of OCTOBER 71 before me, a Notary Public, within and for said County and State, personally appeared J.H. to me personally known, who being duly sworn, upon oath, did say that he is the Agent and/or Attorney-ir. fact of and for the HIGHLANDS INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Texas that the Corporate seal affixed to the foregoing within instrument is the seal of said Company; that the seal was affixed, and the said instrument was executed by authority of its Board of Direc- sj^mdthesai d CAITUAMiK didlP<:l<0*3(£l*<lge that MURIEL V. SMITH 'NOTArt/ rUEJS-CALlFORNIA (1K>0-ANG;LES COUNTY My Commission Expires Sept. 26, 1972 •trument as the free act and deed of said Company. 7 Notary Public My Commission expires STATE OF CALIFORNIA, COUNTY OF 106 ANGELES OFFICIAL SEAL MURIEL V. SMITH NOTARY FIJBUC-CAUrOIW.iA LOS ANGCLES COUNTY My Commission Expires Sept. 26, 1972 ss. 'ON OCTOBER i before me, the undersigned, a Notary Public in and for said State, personally appeared J.D. COOTS _, known to me to be the VlCg MffiSIPiNT COMPAMYof the 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. t Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev. 3-64 *, SUB 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. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contractor or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS V7HEREOF, this instrument has been duly executed by the Principal and Surety above named, on the /&- day of rt*JZ)/&? J , 19?/ . smiy-MILLEB CflHTflA-CUUfi CQMPftKt cseai) ^-^V^M1 *&* «=»—*• £? (Seal) H. D. Coots, Vice President (Seal) Contractor WJSHLAND3 INSURANCE COMPANY (Seal) •M%^^4%5n3t4<7l/^J/ (Seal) ^H. CAlTHftMat ATTORNEY-m-FACT (Seal) Surety Page 13 PERFORMANCE BOND DDr,PREMIUM KNOW ALL MEN BY THESE" PRESENTS , that WHEREAS, the City Council of the City of Carlsbad, State of California, by motion adopted has awarded to S1ILLY-MILLER CDETHACTIllli CDMPAit , hereinafter designated as the "Principal", a contract for: I. Construction of Chestnut Avenue from Jefferson Street to Harding Street, and, II. Resurfacing of various streets, 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, SIH.LT-Mli.LElt MRTBACTiHE COMPAHY as Principal, hereinafter designated as the "Contractor", and_ 'HIGHLANDS INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of THie&Ttieee. ~#tot#W>mat,*>*M*ea&Mrf-ftUL.Ma>*^DOliars ($ 33/V£5"/06 ) , said sum being equal to 100 percent 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 Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein pro- vided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; other- wise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Principal above named executed this bond as an individual, it is agreed that the death on any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the / 3^~ day of 19 ?/ . ' aiLY-MILLEB COiflilKIliG COMPm (seal) -^7-y\>>^+ ---frtz-^t^ (Seal) H. D. Coots., Vice President (Seal) Contractor /HIGHLANDS INSURANCE COMPANY _____(Seal) ms-fj (Seal) J. R CAITHAMJEB MTQRNEY-IN-FftCI (Seal) Surety STATE OF CAUPOKXIA COUNTY OF 108 AMGBtBS On this.-UJ-. day of ormuta 19 71 before me, a Notary Public, within and for said County and State, personally appeared to me personally known, who being duly sworn, upon oath, did say that he is the Agent and/or Attorney-i n fact of and for the HIGHLANDS INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Texas that the Corporate seal affixed to the foregoing within instrument is the seal of said Company, that the seal was affixed, and the said instrument was executed by authority of its Board of Direc- tors; and the said d id a.c ment as the free act and deed of said Company, M, SEAL. MURIEL V. SMITH ! .i;v piiv :r,-C" TORNIA LO Sent. 26. 197?I'1 My Commiss'on Expires be: 3 I 0 1 CT .;.-".. ,-„•.-«"-••<•"•'-—'"•"~»"~ " '"My Commission expires STATE OF CALIFORNIA, nniiNTY OF IOS ANGELBS > ss. flN OCTOBER 1 before me, the undersigned, a Notary nf the H.D. COOTS VICE PRESIDENT SULLY .MILLER COW ,19 ™_r Public in and for said State, personally appeared , known to me to be the TRACTING 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 •J^AAA— --- t°me *na* sucn Corporation executed the same. jgJJgSSji. OFFICIAL SEAL ! MURIEL V. SMITH • Wf^fp NOTARY PUBLIC-CALIFORNIA ' ^^^if LOS ANGGLES COUNTY ] My Commission Expires Sept. 26, 1972 | . • ; WITNESS my hand and official seal. ^7^ •* s^X.-^ Notary Public in and for said State. ACKNOWLEDGMENT— Corporation— WolcOtts Form 222— Rev. 3-64 A SUBSIDIARY OF AMERICAN STATIONERY PRODUCTS CORP. Page 15 SPECIAL PROVISIONS I. CHESTNUT AVENUE (FROM JEFFERSON STREET TO HARDING STREET) 1. WORK TO BE DONE The work to be done consists in general of placing asphalt concrete surfacing over a prepared roadbed and such other items and details not mentioned herein that are required by the Plans, Specifications, and these Special Provisions to be constructed or fur- nished and installed as specified herein, and as directed by the Engineer, all in conformance with the Standard Specifications of the City of Carlsbad, the Plans, the Standard Drawings and these Special Provisions. 2. TIME LIMIT The Contractor shall complete the work in every detail within thirty (30) consecutive calendar days from the date of execution of the contract. 3. TRAFFIC Streets may be temporarily closed to through traffic at the direction of the City Engineer. 4. INCREASED OR DECREASED QUANTITIES & NEW ITEMS OF WORK The City reserves the right to make such alterations in the plans or in the quantities of work as may be considered necessary. Such alterations will be in writing and shall not be considered as a waiver of any conditions of the contract nor to invalidate any of the provisions thereof. Compensation for such altera- tions shall be as provided in Section 3 of the Standard Specifications, except as otherwise provided in these Special Provisions. 5. LINES AND ELEVATIONS Prior to starting any work the Ci-ty forces will stake out the work and establish all reference points and elevations necessary for proper execution of the work. Page 16, under this contract. Stakes and marks set by .the Engineer shall be carefully preserved by the Contractor. In case such stakes and markings are destroyed or damaged by reason of the Con- tractor's operations, the cost of replacing or restoring them will be deducted from any monies due or to become due the Contractor. 6. OBSTRUCTIONS Other forces may be engaged in moving.or reconstructing utility facilities or other improvements, or maintaining service of utility facilities, and the Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such other forces. Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be con- sidered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. > . 7. ASPHALT CONCRETE Asphalt concrete shall conform to Section 302-5 & Section 400 of the Standard Specifications and shall be Type III-B2-85-100 as specified therein. The Contractor shall pave the street intersections as shown on the plans or the areas as determined in the field by the Engineer. At all street intersections the Contractor shall furnish and place asphalt material as required to meet existing grades and shall taper or feather this material to permit a smooth riding surface. Prime coat and tack coat shall be furnished and applied as provided in Section 302-5 and these provisions. The costs thereof will be considered as included in the unit price paid for the asphalt concrete. All new asphalt concrete pavement shall be fog seal 17 coated with asphalt emulsion as directed by the Engineer and per Section 37-1 of the California Division of High- ways Standard Specifications. Sealing such areas shall be included in the unit 'price paid for asphalt concrete and no additional allowance made therefor. Asphalt concrete will be paid for at a unit price per ton as a combined item, including mineral aggregate and asphalt binder in place on the roadbed. The unit price per ton for asphalt concrete surfacing, in place, shall include full compensation for conforming to the require- ments of this article, as specified herein, and no additional compensation will be made therefor. 8. MISCELLANEOUS DRIVE/7AYS The Contractor shall rough and fine grade all driveways. Limits of work shall be determined by the Engineer in the field. Full compensation for conforming to the requirements of this article shall be considered included in the unit price paid for 6" P.C.C. driveway and no additional compensation shall be made therefor. Page 18 II RESURFACING VARIOUS STREETS NOTE; All of the conditions of Section I (Items 1-7) shall apply for this section with the following modifications and addi- tions: 1. PREPARATION OF SURFACE The Contractor will blade clear the existing pavement edges of the street surfaces for new overlay, and make any necessary repairs of raveled and potholed pavement edges and of potholes, cracks, seams and joints in the surfaces to be paved. The Contractor shall remove and dispose of deteriorated paving as required by the City Engineer. Those areas of pavement reconstruction (i.e., potholes, etc.) shall be clearly marked by the Public Works Department one week prior to the receiving of bids. Areas of reconstruction shall be based with Crushed Aggregate Material to a 6" minimum depth, with a 3" asphalt surface course (including the 1" overlay). .r The limits of work shall be designated in the field by paint marks, stakes, etc. by the City Public Works Department. " The Contractor will be responsible for the sweeping and cleaning of all surfaces in preparation for the asphalt overlay. Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. ASPHALT CONCRETE (RESURFACING) Asphalt concrete for overlay work shall conform to Section 302-5 and Section 400 of the Standard Specifi- cations and shall be Type III-B3-85-100. Tack Coat shall be applied to all existing asphalt pavements to be resur- faced per Section 302-5.3 of the Standard Specifications. The Contractor shall pave over the tops of all manhole Pago 19. covers. All manhole covers, valve cans, monuments, etc. shall.be set to finish grade by City forces after completion of the contract. Fog sealing of overlay not required in Section II. In areas of rolled A.C. berm, overlay shall feather to flow line of gutter. Park Drive from Monroe Street to Westhaven Drive shall be resurfaced with a compacted 1%" asphalt concrete overlay. All other streets in Section II shall receive a compacted 1" overlay. Full compensation for conforming to the requirements of this article, not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. Streets to be resurfaced are shown on Exhibit "A". ' • ^*- J. / -,-*x ^-; >• . . *r . \ "^^|/>^^ EXH I B IT A l^v^ RESURFACING PROGRAM SHT. I OF I STREET WESTHAVEN DR. OLIVE DR. PARK DR. HARDING ST. SANDRA PL. ADAMS ST. ADAMS ST. FROM PARK DR. PARK DR. LAS FLORES DR. MONROE ST. SANDRA PL. JEFFERSON ST. TAMARACK AVE. HARRISON ST. 5AO TO CHESTNUT AVE. ALDER AVE. N. TERMINUS WESTHAVEN DR. MAGNOLIA AVE. HARDING ST. CHESTNUT AVE. PARK DR. 9-1-71 16,720 18320 32.960 32,760 26,070 8.910 48,120 93,250 D.S. 8c M^LENNAN, INC. OP CALIFORNIA CERTIFICATE OF INSURANCE "TO:CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 THIS IS TO CERTIFY that the following insurance policies have been issued to UNION OIL COMPANY OF CALIFORNIA and its subsidiary SULLY-MILLER CONTRACTING COMPANY and that said contracts of insurance, subject to their respective terms and conditions, afford Bodily Injury, Property Damage Liability and Blanket Contractual Liability for all operations, including Automobiles, owned, hired or used. AETNA CASUALTY & SURETY COMPANY POLICY NO. 33AL 84740 SR(Y) Term: November 1, 1969 to November 1, 1972 COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE, EACH ACCIDENT OR OCCURRENCE - $100,000.00 AGGREGATE PRODUCTS - $350,000.00 MARSH & MCLENNAN, INC. OF CALIFORNIA EMPLOYERS' SURPLUS LINES INSURANCE COMPANY POLICY NO. E-60028 Term: November 1, 1969 to November 1, 1972 By.Agent X COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE, EACH ACCIDENT OR OCCURRENCE - $900,000.00 AGGREGATE PRODUCTS - $650,000.00 EXCESS OF A^OVE PRIMARY $100,000.00 SAYRE & In the event of cancellation/*©? 'tne above contracts of insurance, the Underwriters will give not less than ten (10) days advance notice by mail TO the party or parties to whom this certificate is issued at the address stated herein which shall be sufficient proof of notice. ADDITIONAL INSURED: The party or parties to whom this Certificate of Insurance is issued is/^^CXJOCK covered as Insured (s) under the terms of the contracts of insurance described above. If so covered, the insurance with respect to such party or parties is subject to all of the terms and conditions of said contracts of insurance, and to the special conditions, if any, stated below. SPECIAL CONDITIONS: Applicable as respects to Contract for Construction of Chestnut Avenue from Jefferson Street to Harding Street and Resurfacing of Various Streets It is hereby understood and agreed that the policy to which this certificate refers may not be cancelled, materially changed, nor the amount of coverage thereof reduced, nor the policy allowed to lapse until ten (10) days after receipt by the City Clerk of the City of Carlsbad, City Hall, Carlsbad, California, of a registered written notice of such cancellation or reduction in coverage. Dated: October 1, 1971 LOS ANGELES, CALIFORNIA Certificate of Workmen's Compensation Coverage Sully Miller Contracting Company 3000 East South Street, P.O. Box 5399 Long Beach, California 90805 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 RE: Contract for Construction of Chestnut Avenue from Jefferson Street to Harding Street and Resurfacing of Various Streets Date: October 1, 1971 This is to certify that Sully Miller Contracting Company is self-insured under provisions of the California Workmen's Compensation Law and has in its files Certificate of Consent to Self-insure No.1130, issued October 1, 1967 by the Director of Industrial Relations of the State of California. This coverage will not be canceled except on 30 days advance written notice to you. By -^> Title H.D. COOTS VICE PRESIDENT FORM 682 SM (REV 4/69) PRINTED IN U.S.A. - --^^ -- — -