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HomeMy WebLinkAboutSully-Miller Contracting Company; 1976-07-12; 1031CITY OF CARLSBAD SAN.DIEGO COUNTY California CONTRACT DOCUMENTS & SPECIFICATIONS FOR "ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS Contract No. 1031 May, 1976 TABLE OF CONTENTS 1 NOTICE INVITING SEALED PROPOSALS 3 PROPOSAL 6 BID BOND 7 DESIGNATION OF SUBCONTRACTORS 8 . STATEMENT OF FINANCES 9 AGREEMENT AND CONTRACT 11 BOND FOR LABOR AND MATERIALS 13 BOND FOR FAITHFUL PERFORMANCE 15 SPECIAL PROVISIONS Page 1 OF CARLSBAD, CALIFORNi/i 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 JLst day of June , 19_7j>, at which time they will be opened and read, for performing the work as follows: Asphalt concrete overlay of various City streets. Contract No. 1031 Said work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad by Resolution No. 3893 / adopted on May 4, , 1976_, and on file in the Engineering Department. Reference is hereby made to said specifications for full particulars and descrip- tion of said work. •i No bid will be received unless it is made on a proposal form fur- nished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City, of Carlsbad for an amount equal to at least 10 percent of- the amount bid. Such guaranty to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided by the bid requirements. . ''"'-- - • The documents included within the sealed bids which require comple- tion and execution are the following: 1. Proposal - Page 3. 2. Designation of Subcontractors - Page 7. 3. Bidder's Bond - Page 6. 4. Contractor's Financial Status - Page 8. Said documents shall be affixed with the appropriate notaried sig- natures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice-President and Secretary or Assistant Secretary are required and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership, the signature of at least one general partner is required. , All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a bisis for the comparison of bids. No bid will be accepted'from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. The contractor shall state his License number and classification in the proposal. The estimated cost of the work is $103,000.00 - Page 2 Plans, Special Provisions and Contract Documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors. A nonrefundable charge of -Q- __ will be required for each set of plans, special provisions and con- tract documents for other than licensed contractors. It is requested that the plans and special provisions be returned within two weeks after the bid opening. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. A project tour will be conducted by the City of »Carlsbad Engineering Department at 10:00 a.m. on May 26, 1976 _ .• In accordance with the provisions of Sections 1770 to 1780 of the Labor Code of the State of California, the City Council of the City of Carlsbad has ascertained that the general prevailing rate of wages in the locality in which the work .is to be performed for each craft or type of workman needed to execute the contract are as set forth in Resolution No. 3875, adopted by said Council and published in a newspaper of general circulation within said City on May ]2S _ / 19_76. A copy of said Resolution is on file in the Office of the City Clerk of the City of Carlsbad and is incorporated by reference herein. /• r .• _ It shall be mandatory upon the Contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workmen employed by him in the execution of the contract. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the Labor Code of the State of California for all occupations with apprenticeships as required on public works projects above thirty thousand dollars ($30,000) or twenty working days . The amount of the bond to be given for the faithful performance of the contract for the said work, shall be one hundred percent of the contract price therefor, and an additional bond in the amount equal to one hundred percent of the contract price for said .work shall be given to secure the payment of the claims for any material or supplies furnished for the performance of the work, ^contracted to be done by the contractor or any work or labor t>f any kind done thereon. Approved by the City Council of the -City .of -Carlsbad, ^California, by Resolution No. 3893 adopted on _ May 4, __ , 19 76- DATED:..May 6, 1976 T'E. ADAMS, City Clerk Page 3 CITY OF CARLSBAD: jjjgw^ V ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS CONTRACT NO. 1031 PROPOSAL To the City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Gentlemen: The undersigned declares that he has carefully examined the location of the work, read the Notice Inviting Bids., examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1031 in accordance with the plans, the speci- fications of the City of Carlsbad, and the special provisions, and that he will take in full payment therefor the following unit prices for each item complete to wit: Approx. Unit Item No. Quantity Unit Article Price Total 1. 6242 tons asphaltic concrete sur- facing in place includ- ing tack coat at dollars — \A -Sand StWLMTY clbU( cents y\ per ton.' TOTAL (figures) Q'3kj3<r£:> ~" TOTAL (in words) MlM^TN TUtO ^i^Q TViSD Uu/Q*m Page 4 All bids are to be computed on the basis of - the given estimated ^ if- 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. The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids . The undersigned has checked carefully all of the above figures and . understands that the City will not be responsible for any errors or . omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of ' the City of. Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No, /5*3^ Identification & . _ . ^ 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 \CMciclg4'" 'fS fr*V3 (cash, certified check, cashier's check or bond) in an amount not less than 10 per cent 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. Page 5 Phone Number c$.g{U/ Y\\i\\er Date XV* -< ft Bidder ' s Name FT . (SEAL) D. E. BRANCH Assistant Secretary Authorized Signature' Authorized Signature 555 Bidder's Address TJpe 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: R. K . MacGregor, President W. Duane RiJi'sh.. VP. Treas. & Richard F. Molyneux, VP & Mgr, Plant Div. John A. Berton, Vice President C. P. Brown, Vice President James 0. Fittman, Controller D. E. Branch, Assist. Sec. . James F. Winders, Assist. Sec.,. Frank E. .Holland, Assist. Sec. P. A. Abbott, Assist. Sec. Jack Wilson, Assist. Sec. Barry Cchen, Assist. Sec. Robert E. Holland, Assist. Sec. R. R. Munro, Assist. Sec. STATE OF CALIFORNIA, COUNTY OF LOS AN PELFS V »" V V v v V V V V V ' * /"^X OFFICIAL SEAL ? /^:T'"A DONNA M. TEPPER * £ I j '-'^AnYPU-L!C. CAL'FOHNIA J < N 'J FTIINCiP.'.L OFFiCE IN * «. f.!y Csrn.-nission Expires March 5, 1977 SS. JUNE 1st before me, the undersigned, a Notary Public in and for said State, personally appearedFRANK E: HOLLAND _, known to me to be the ASST. SECRETARY of the SULLY-MILLER CONTRACTING COMPANY . the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged to me that such Corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT—Corporation STATE OF ss.: COUNTY OF LOS ANGE On this ............. ^.?5. ................. day_ .............................. Jl^f ......................................................... 19...7A.., before me personally came J.H. CAITIIAHEP to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the said SEABO^SD'SURETY^CO^jPl^l^fif ^cordance with authority duly conferred upon him by said Company. • ^^\ DONNA M. TEPPER Form 242 -' 'C - C-VJFCDNIA FS.NC:r-A, CVF.CE IN « ..^ 0,;G_'-^- v-uUl.TY My Commission Expires March 5, 1977 Notary Public. ^_ ^^ 9jp ORIGINAL - . Page 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL BOND NO: 766046 (1739) ALL MEN BY THESE PRESENTS, - PREMIUM. INCLUDED IN' BRSIJ SULLY-"!LLER CONTRACTING COMPANY , as Principal,| That we, fand SEABOARD SURETY COMPANY • as Surety, are held and firmly | t 'bound unto the City of Carlsbad, California, in the" sum of TEN ir>rRCE!"TUM (lO0-) OF THE AMOUNT OF Dollars ($ 10?' of bid ——inC F'.ID IN • • '-), 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, I THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: I That if the proposal of the above-bounden principal for: "~ Asphalt conrete overlay of various City streets. Contract No. 1031 in the City of Carlsbad, is accepted by the City Council of .said City,... and if the above-bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within (20)— twenty days from the date of award of contract by the City Council o& the City of Carlsbad, being duly notified of said award, then this o .<-igation 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. IN WITNESS WHEREOF, we hereunto set our hands and seals this 1st JUNE , 19 76 . - ' ~~day of Corporate Seal (if corporation) (Attach Acknowledgement of Attorney in Fact) SULLY-MILLER CONTRACTING FRANK'S. HOLLAND ASST. SECRETARY SEABOARD SURETY CfWANY Surety Title/J-H/ CAITHAMER ATTORNEY-IN-FACT (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) Page 7 DESIGNATION OF SUBCONTRACTOR The undersigned certifies that he has used the subbids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of 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. Bidder!s Name Authorised Signature xType of Organization (Individual, Co-Partnership or Corporation) Address Page 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY TECHNICAL ABILITY AND EXPERIENCE .(The Bidder is required to state what work of a similar character to that included in the proposed contract he has successfully performed and give reference which will enable the City Council to judge his responsibility, experience, skill and business standing.) The undersigned submits herewith a statement of his financial respon- sibility. The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he has successfully performed. /CJ. Signed/ C SULLY-MILLER 3OOO EAST SOUTH STREET/ F. O. BOX 5399 / LONG BEACH. CALIFORNIA 9O8O5 ,(2l3i 53I-355O (213) 774-O7I4 CO. May 27, 1976 RECEIVED JMSJ3 3971 City of Carlsbad „ . , , „ ,.,- . mn^Q CITY OF CARLSBADCarlsbad, California 92008 Jr .' . m. _»«^_^t.tngincsfjng pe03rtfwtt ATTENTION: Mr. Richard Sprehe Gentlemen: This is to certify that the following is an excerpt from the minutes of the Special Meeting of the Board of Directors of Sully-Miller Contracting Company, held February 29, 1968: "Resolution was adopted authorizing the Officers to execute quotations and/or contracts on behalf of the Company." I hereby certify that: The following is a list of the Officers of Sully-Miller Contracting Company as of May 27, 1976. R. K. MacGregor, President W. Duane Rash, Senior Vice President, Secretary/Treasurer Richard F. Molyneux, Vice President and Manager, Blue Diamond Division John A. Berton, Vice President C. P. Brown, Vice President William R. Craig, Assistant Treasurer James 0. Pittman, Controller James F. Winders, Assistant Secretary Frank E. Holland, Assistant Secretary P. A. Abbott, Assistant Secretary James R. Courtney, Assistant Secretary Jack Wilson, Assistant Secretary Barry Cohen, Assistant Secretary Dave Branch, Assistant Secretary R. P. Van Zandt, Assistant Secretary Robert E. Holland, Assistant Secretary R. R. Munro, Assistant Secretary Very truly yours, SULLY-MILLER CONTRACTING COMPANY President RKM:dt G E N r_ - A L r N G ;h. E: E R : ^ G CONTRACTOR • SINCE i s 2 3 • A. s P H A. _- Page 9 CONTRACT THIS AGREEMENT, made and entered into this /0Cf*~ day of _, 19'7£ , by and between the City of Carlsbad, California, hereinafter designated as the City, party of the first part, and ^IT-MIL If ft CQKTfiliCTHE eOHPli? hereinafter designated as the Contractor, party of the second part. WITNESSETH: that the parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the City, the Con- tractor agrees with the City to furnish all materials and labor for: Asphalt concrete overlay of various City streets. Contract No. 1031 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. 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 or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in 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. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the plans and specifications, and all amendments thereof Page 10 when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the City Engineer, and their officers and employees, from all claims, loss, damage, injury and liability oi: every kind, nature and description, directly or indirectly arising from the performance of the cqntract 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 to be executed the day and .year first above written. HLLT4HLLE1 COITMETliE tOUFilf Contractor , . .(seal) by by FRANK E. HOWUJD - ASSISTANT SECRETARY f Title CITY OF CARLSBAD, CALIFORNIA , by_ Approved /#Sl/&t//</ f, • (^,1fl City Clerk l ' V (Notarial acknowledgement of execution by all PRINCIPALS must be attached.) STATE OF CALIFORNIA, COUNTY nF LOS AKSCLRS ss. ON_25 19_ before me, the undersigned, a Notary Public in and for said State, personally appeared _, known to me to be theFRANK K. HOLLAKO ASU ASSISTANT SECRETARY SUU.Y.M1Q£Rof 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. OFFICIAL SEAL DONNA M. TEPPER NOTARY FUCUC - CALIFORNIA PRINCIPAL OFFICE IN ^ _ , LOG AiiGilLLS COUNT1! My Commission Expires March 5, 1977 *""""" >»»»»»»»»»»» WITNESS my hand and official seal. lilLLS COUNTY * Notary Public in and for said State. ACKNOWLEDGMENT—Corporation TO 1945 CA (8-74) (Corporation) STATE OF CALIFORNIA COUNTY OF O \ uu.blX UlJa. \ii I SS. TITLE INSURANCE ANDTRUST ATICOR COMPANY / X / / 7 /jjS before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be theA *,known to me to be w7> of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature _/), OFFICIAL SEAL » NORA K. GARDINER * NOTARY PUiLIC-CALIF. ^ PRINCIPAL OFFICE IN V SAN DIEGO COUNTY I i MY COMMISSION EXPIRES JAN. 29, 1980 - - (This area for official notarial seal) BEST ORIGINAL . —PREMIUM: TW- PREMIUM ON THIS BOKO IS IW3.UWB Ik Page 11 THST Of TH* &ry •'--•--- •••..* LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS/ the City Council of the City of Carlsbad, State of California, by Res. No. 392° adopted _ June 15, 1976 has awarded to HLU-HllLEi EOKTBUTIIK hereinafter designated as the "Principal", a contract for: Asphalt concrete overlay of various City streets. Contract No. 1031 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 _ _«ttNllltfl WITIKTIK IIINIT as Principal, hereinafter designated as Contractor and . _ SBABOABB 8PBETY COMPAfly as Surety, are held firmly bound untopbeyy -S/Y the City of Carlsbad, in the sum of TUJ^AJ T y - £/ £ ht T e^fi-Sl Dollars" ill , „ ?9 • o hi&r V '& fo o( $ f-f (jp I J a t r^-^ ) , said sum being 50 per cent 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, provender or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any other work or labor thereo 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 f°r t*16 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 420-4 of the Government Code of the State of California. Page 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 Contract or to the work or tp the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the ^.J5 Ih. day of O"I) AO , 19 comunjc NIMH *nORHfEy.ffl[.ttcr (Seal) Surety STATE OF CALIFORNIA COUNTY OF LOS ANCHOR On this 2*tb day JIWR 197619 , before me personally came to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY, the corporation described in the within instrument, and he acknowledged^ Jhat, he executed the within instrument as the act of the said SEABO^TD 5|jKETY CO|jtpJ^T|'E/«i accordance with authority duly conferred upon him by said Company. I ^'W\ DONNA M. TEPPER NOTARY FUSL;C- CAL;;;O-.NIA F.'^iCif'A1- OF:F;CZ IN **i Form 242 0 V..:K,X * My Ccrami: *********** sion Lxpircs March 5, la/ 7 ><••*<»<>»*********»** 6f^~*7L~ ^Cj*** £J r /\. ^^£Crj(2j(2j£s1^ Notary Pubuc. STATE OF CALIFORNIA, COUNTY (IF Lf)S ANflELES J ON. ss. JUHE 25,19. before me, the undersigned, a Notary Public in and for said State, personally appearedR.K. MACGEEGOR AiVD T.t HnLLAMD PRESTI'g-NT AMD , known to me to be the ASSISTANT SECRETARY of thfi fiifUtY-MTLIJRR CONTRACTING COMPLY 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 exec&ted the same. •** OFFICIAL SEAL * COMMA M. TEPPER * JOTA^Y r urL:C - c.-.!jrcr?.\iA «WITNESS my hand and official seal. My Commission Expires March 5, 1977 J_ Notary Public in and for said State. ACKNOWLEDGMENT—Corporation PERFORMANCE BOND Paqe 13 •**"** KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Carlsbad, State of California, by Res. No. 3920 adopted _ June 15, 1976 has awarded to ^MMIHUEI ' CfllTHIBTIK ttlfW hereinafter designated as the "Principal", a contract for: Asphalt concrete overlay of various City streets. Contract No. 1031 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, the i:Con tractor", and as Principal, hereinafter designated as SEABOABD 8PBETY COMPAJTY _ as Surety, are held and firmly boundio'iwery-7^0 T^OOSFI^O unto the City of Carlsbad, in the sum of T^)n Mufati&FO Pjfrry -Six 'n nu #ND Ssoe/jry-S/7//*3Dollars ($ 7 £ O.^G . -"2- — Ti said sum being equal ta~100 per cent of' i ur- 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 Principal, his or assigns, shall in keep and perform contract and any or their part, to therein specified and meaning, and its officers and shall become null and virtue. THIS OBLIGATION IS SUCH, that if the above-bounden its heirs, executors, administrators, successors or all things stand to and abide by, and well and truly the covenants, conditions and agreements in the said alteration thereof made as therein provided on his be kept and performed at the time and in the manner , and in all respects according to their true intent shall indemnify and save harmless the City of Carlsbad, agents, as therein stipulated, then this obligation and void; otherwise it shall remain in full force And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifi- Page 14 cations accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications.* In the event that any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3L*) ^^— day of NKE.JI01.IMID ASSISTANT! StTSSTY COMPANY (Seal) (Seal) (Seal) STATE OF CALIFORNIA COUNTY OF LOS ANCELRS On ss. day.19..76..., before me personaUy came to me known to be an Attorney-in-Fact of SEABOARD SURETY ' in the within instrument, andheacknowled^ed^^a^ he executed the within instrument as the act of XSS^JL ^*8H?wwwW accordance with authority duly conferred upon him by said Company. J /$*®W^ DONNA M. TEPPER * NOTARY PUBLIC - CALIFORNIA « PRINCIPAL OFFICE IN « . LOS AUCiCLLS U'J'JrtTY Form 842 My Commission Expires March 5, 1977 *-* Notary PubUc. STATE OF CALIFORNIA, F LOS AHCT.LES OFRCIAL SEAL DONNA M. TEPPER NOTARY PUBLIC -CALIFORNIAPRINCIPAL OFFiCE IN Lts ANGELES COUNTY My Commission Expires March 5, 1977 - ON_JUNE 25,19 76 before me, the undersigned, a R.K. Notary Public in and for said State, personally appeared ANT) FPHK R >tni.LAKD known to me to be the AMP ASSISTANT SECRETARY of the miMY^iitLUJR CptTRACTING OM>AMY 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 execjrted the same. WITNESS my hand and official seal. Notary Public in and for said State. ACKNOWLEDGMENT—Corporation Page 15 CITY OF CARLSBAD Engineering Department Contract No. 1031 SPECIAL PROVISIONS I. GENERAL REQUIREMENTS A. Scope of Work The work covered by these specifications consists of furnishing all labor, equipment and materials and performing all operations for asphalt resurfacing on various City streets as shown on Exhibit "A" which is a part of these specifications. Asphalt resurfacing will vary in thickness, but shall not be less than 1" and cover approximately 741,000 square feet. • B. Work Schedule The contractor shall plan his paving operation so there will be no conflict with the trash pickup days as shown on Exhibit "A", Sheet No. 1. Also, the contractor shall furnish the engineer with a tenta- tive schedule indicating which streets to resurface each day for the duration of the resurfacing work. The schedule shall be furnished to the engineer at least one week prior to the preconstruction conference, which will be held in the office of the City Engineer prior to starting construction. The City reserves the right to make reasonable changes in the schedule to avoid conflict with traffic or special events. Daily work shall be accomplished between 7AM and 4PM, Monday •through Friday. All work shall be completed within forty-five (45) calendar days after notice to proceed. C. Traffic Control • Barricading: The -contractor shall provide such flagmen and barricades as are required to protect the resurfaced streets from vehicular traffic until surface is ready for traffic. No Parking signs; The City will provide the contractor with "No Parking by Order of Police Dept." signs for use in posting streets in advance of the work. Signs shall be placed at least 24 hours prior to commencement of work by the contractor at intervals of no more than 100 feet on both sides of the block affected by the work. Tow away of any vehicles in violation of the "No Parking" signs will be handled by the Carlsbad Police Department. The City assumes no liability in connection with movement of ve- hicles by the contractor. Signs shall be removed as soon as the streets are ready to receive traffic and turned over to the City Engineer. Page 16 Door Knob Notices: The engineer will also provide the contract- or with door-knob notices which will further serve to advise residents of the impending parking restrictions. The contract- or shall be required to insert dates and estimated times of closing and re-opening streets to local traffic. Door-knob notices shall be left on or at the front door of each dwelling or commercial unit abutting the street to be surfaced; this shall be done (2) days prior to placement of "No Parking" signs. D. Plans and Specifications All work shall be done in accordance with "Standard Specifica- tions for Public Works Construction" 1973 edition. In case of conflict, the Special Provisions shall control. • It shall be the responsibility of the contractor to carefully examine the site of the work contemplated, the plans and speci- fications, and the proposal and contract forms thereof. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the proposal, plans and specifications and the contract. E. Measurement and Payment Asphalt concrete surfacing; shall be measured on the basis of number of tons of materials delivered and applied, and shall be paid for at the unit price per ton bid. The contractor shall provide a delivery ticket for each load of material delivered. Payment for tack coat will be included in price per ton paid for asphalt concrete. The quantities given in the proposal and contract forms are approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual am'ount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the City Engineer. II. ASPHALT RESURFACING A. Preparation of Surface The contractor will not be responsible for necessary repairs of the existing street surfaces in conjunction with the asphalt overlay paving operation. However, the contractor will be responsible for the sweeping and cleaning of all surfaces prior to the actual paving oper- ation. Page 17 A tack coat shall be uniformly applied to the surface in accord- ance with Section 302-5.3 of the Standard Specification. Full compensation for conforming to the requirements of this article not otherwise paid for, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. B. Asphalt Concrete Resurfacing Asphalt concrete for overlay work shall conform to Section 302-5 and Section 400 of the Standard Specifications and shall be Type III C2. Asphalt shall be AR-4000 grade. The contractor shall pave over the tops of all manhole covers. Covers shall be treated i»o prevent adhesion of the asphalt concrete. The unit price per ton for asphalt concrete resurfacing, in place, shall include full compensation for conforming to the requirements of this article as specified herein, and no addi- tional compensation will be made therefor. C. Manhole and Valve Cover Adjustments All sewer manholes, sewer dead end structures, storm drain man- holes, water valves, gas valves and other utility structures will be adjusted to grade by the respective utility. III. WATER FOR CONSTRUCTION The contractor may obtain City of Carlsbad water for use on this project only at locations approved by the City. Engineer. There will be no charge to the contractor for City water utilized directly in completing his work. / In areas where City water is not available, the contractor shall be required to make necessary arrangements with other water districts for use -of water. The contractor will be responsible for any charges made therefor, and no special compensation for these charges will be made. .NO STREET CITY OF CARLSBAD ASPHALT CONCRETE OVERLAY VARIOUS STREETS - CONTRACT NO. LIMITS ' 1031 APPROX. TONNAGE TRASH PICKUP DAY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20 2, 22. 23. 24. 25. 26. 27. 28. NOTE; 29. 30. 31. 32. 33. Rancho Santa Fe Chinquapin Avenue Jefferson Street Chestnut Avenue Monroe Street Basswood Avenue McKinley Street State Street Oak Avenue Crest Drive Knowles Avenue Juniper Avenue Laguna Drive Laguna Drive Forest Avenue Forest Avenue Birch Avenue Magnolia Avenue Pine Avenue Davis Avenue Walnut Avenue Ponto Drive Oak Avenue Arbuckle Place Highland Drive Chestnut Avenue Knowles Avenue Sequoia Avenue Olivenhain to La Costa 1750 Avenue Jefferson to R.R. 276 1-5 to Hwy 78 1026 Garfield to R.R. 168 Chestnut through Park 315 Pio Pico to Highland 418 Pine to Basswood 73 Elm to Oak 159 Roosevelt to R.R. 248 Buena, Vista to 100' on Forest 128 Davis to 1-5 37 Garfield to R.R. 179 Pio Pico to Elmwood 147 Davis to 1-5 69 Olive to 100' East - 24 Spruce to Highland 62 Sunnyhill to Skyline 101 Monroe through Valley 255 Lincoln to R.R. 106 Knowles to Buena Vista 70 Garfield to Lincoln 31 Carlsbad Blvd. to N. Terminus 108 Highland to Valley 128 _Madison to Jefferson 34 Forest to Arland 54 Roosevelt to R.R. 88 Pio Pico to Elmwood 132 Carlsbad Blvd. to Gar- field ' 56 TOTAL ' • 6242 Thursday Wednesday Thursday Monday Friday Thursday Thursday Wednesday Wednesday Thursday Wednesday Monday Thursday Wednesday Thursday Thursday Friday Friday Monday Wednesday Monday Monday Thursday Wednesday Thursday Wednesday Thursday Monday If funds are available, the following Streets may be resurfaced as provided for in the Special Provisions, Section 1, Item E: Grand Avenue Buena Vista Circle Cherry Avenue Garfield Street Normandy Lane Hope to Easterly Terminus 65 Laguna Drive to Northerly Terminius 215 Carlsbad Blvd. to Gar- field 140 Beech Avenue to Cypress 70 Mountain View to Garfield 35 Wednesday Wednesday Monday Monday Monday EXHIBIT "A" Sheet No. 1 ORIGINAL CITY OF CARLSBAD This map produced through the joint efforts of CITY OF CARLSBAD CARLSBAD CHAMBER OF COMMERCE Note: Only the perimeter cily limits are shown. Some interior portions are yet to be annexed. SCAI.lv: ONI- I,NOI I'QUAI.S APPROXIMATELY ONI MALI' Mll.i: EXH IBIT A° SHT. £_ GUEVARA HO••HAPPINESS WY HAHUOII Dt\ MAflBOHVirW LN HARDING SI HARHISON 5T HAVENSPTPL .HAYMAHDH FUSING GITN DM HOMrMIAST nOOSfVELT ST ROYAL Oil RUFOUSCT HUFOOSIN RUFOUS ST ••INOICATfS PRIVATE STREET IN MOBILE HOME PAIIK . •«£AN BARTOLO «SAN DENITO SAN BHISTO WAY • SAN CARLOS SANDALWOOD IN SANDRA PL SANOY PL • SAN LUCAS •SAN LUIS • SAN RAMON •SANTA BARBARA •SANTA CRUZ •SAN TA ROSA SCHOONER WY . SCOTT DH •SEA BREEZE DH SEACHEST OR SEGOVIA WY SEQUOIA AV SEVILLAWY SEVILLE WY SHORE DR SIERRA MOF1ENA AV SISKIN ST SKYLINE OR SOLAMAR OR SPANISH WY SPRUCE ST STATE ST STELLA MARISLN STEVEN CH STRATFORD LN S.TRQMBERGCR SUCCESS ST SUNNYHILL DR SUNRISE CR SYCAMORE AV SYME DR • INDICATES PRIVATE STREET IN MOBILE HOME PARK TAMARACK AV TANAGER LN TANAGER ST TANAGER WY TIPRRA DEL ORO TORREJON PL TRIESTE DR TRUESOELL LN TUTTLE ST TYLER ST UNICORNIA CT UNICORNIA ST UNICORNIA WY URUBU ST VALE WOOD VALLEY PL VALLEY ST VELEROCT VENADO ST VIA CLAREZ VIA ECO VIA FESTIVO VIA HINTON VIA JOANlTA VIA LACUNA VIE JO CAST ILL A WY . VISTA LOMA VISTA MAI1INA VISTA WY VISTOSA PL WALNUT AV WASHINGTON ST WESTHAVCN DR WCSTWOOD DR WILSON ST WOODLAND WY WOOUVALE OR XANA WY YOURILL Oil YVETISWY ZAMORA WY ZODIAC PL ABANTOST ABCJOMRO ST ABEIJULPl ABFbULST ACACIA AV ADAMS ST AIDEAPLAintn AV ACFANJE ST ALFIL WY ALGA RO ALICANTEflD ALISMAPJ. ALISMA 5T ALMAUCN LN ALONDRA WY ALPACA ST MARSH & MCLENNAN, INCORPORATED CERTIFICATE OF INSURANCE TO: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 THIS IS TO CERTIFY that the following insurance policy has been issued to UNION OIL COMPANY OF CALIFORNIA and its subsidiary SULLY-MILLER CONTRACTING COMPANY and that said contract of insurance, subject to the respective terms and conditions, affords Bodily Injury, Property Damage Liability and Blanket Contractual Liability for all operations, including Automobiles, owned, hired or used. CENTRAL NATIONAL INSURANCE COMPANY (Cravens, Dargan & Co.) POLICY NO.: CNX-160729 Term: November 1, 1975- November 1, 1976. By:_ COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE EACH ACCIDENT OR OCCURRENCE $1,000,000.00 MARSH & MCLENNAN, INCORPORATED Agent In the event of cancellation of the above contract 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/d5KXXSBS covered as Insured(s) under the terms of the contract 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 contract of insurance, and to the special conditions, if any, stated below. SPECIAL CONDITIONS:Asphalt concrete overlay of various-city streets 1976, Contract no. 1031. The City of Carlsbad is named as an additional named insured as resects to asphalt con- crete overlay of various city streets 1976, Contract no. 1031. "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, not the policy allowed to lapse until ten (10) days after receipt of a written notice of such cancellation or reduction in coverage by the City Clerk of Carlsbad." Subject to policy terms and conditions.Dated: 6/30/76 LOS ANGELES, CALIFORNIA -See Attached Page For Excess Limits- _ INTERNATIONAL SURPLUS LINES INSURANCE COMPANY POLICY NO. XSI 1857 TERM: MARCH 1, 1976 TO NOVEMBER 1, 1976 INTERNATIONAL SURPLUS LINES INSURANCE COMPANY BY LEXINGTON INSURANCE COMPANY ' '- <. POLICY NO. 5502778 TERM: MARCH 1, 1976 TO NOVEMBER 1, 1976 LEXINGTON INSURANCE COMP4 BY /^^ INSURANCE COMPANY OF THE STAT (C. V. STARR) ^OF PENPENNSYLVANIA POLICY NO. 42752156 TERM: MARCH 1, 1976 TO NOVEMBER 1, 1976 PENNSYLVANIAINSURANCE COMPANY OF THE STATE (C. V. STARR) ^^- f i SI BY GLACIER GENERAL INSUR^&NCEXfOMPANY U-^ POLICY NO. SCP 5111 TERM: MARCH 1, 1976 TO NOVEMBER 1, 1976 INSURANCE COMPANY rONEWALL INBURSTONEWALL INSURANCE COMPANY (DEPENDABLE INSURANCE ASSOCIATES) POLICY NO. 13272 TERM: MARCH 1, 1976 TO NOVEMBER 1, 1976 STONEWALL INSURANCE COMPANY (DEPENDABLE-INSURANeE ASSOCIATES) BY $ 500,000.00 ) $ 500,000.00 ) $ 750,000.00 ) COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE, EACH ACCIDENT OR OCCURRENCE ) $ 300,000. EXCESS OF $ 350,000.00 ) $1,000,000 ..00 $1,900,000.00 ) « Certificate of Workmen's Compensation Coverage CITY OF CARLSBAD 1200 EM AVENUE CARLSBAD, CALIF. 92008 Sully Miller Contracting Company 3000 East South Street, P.O. Box 5399 Long Beach, California 90805 RE: ASPHALT CONCRETE OVERLAY OF VARIOUS CITY STREETS 1976 CONTRACT NO. 1031 Date: JUNE 29, 1976 This is to certify that Sully Miller Contracting Company is self-insured under provisions of the California Worker's Compensation Law and has in its files Certificate of Consent to Self-insure issued by the Director of Industrial Relations of the State of California. This coverage will not be canceled except on 30 days advance written notice to you. By Title FRANK E. HOLLAND ASSISTANT SECRETARY FORM SM-IH49 JREV 7-7$) PRINTED IN U.S.A.