Loading...
HomeMy WebLinkAboutSully-Miller Contracting Company; 1979-05-29; 1057CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA 'CONTRACT DOCUMENTS & SPECIFICATIONS FOR CONSTRUCTION OF STREET IMPROVEMENTS IN BASSWOOD AVENUE AND VALLEY STREET CONTRACT NO, 1057 MARCH, 1979 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 CITY OF CARLSBAD, CALIFORNIA . NOTICE INVITING BIDS Sealed bids will be received at the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 p.m. on the 3rd day of May _ , 19 79, at which time they 4 will be opened and read for performing the work as follows : Construction of Street Improvements in Basswood Avenue and' Valley Street - Contract No. 1057 Said work shall be performed in strict conformity ivith the specifications therefor as approved, by the City Council of the City of Carlsbad on file in the Public Works Department. Ref- erence is hereby made to said specifications for full particu- lars and description of said \rork. No bid will be received unless it is made on a proposal form furnished by the Public Works Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (101) of the amount of bid; said guaranty to be for- feited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid re- quirements. The documents included within the sealed bids ivhich require completion and execution are the following: 1. . Proposal 2. Designation of Subcontractors ' •• 3. Bidder's Bond • 4. Contractor's Financial Status Said documents shall be affixed with the appropriate no- taried signatures and titles of the persons signing on behalf of this bidder. For corporations, the signatures of the presi- dent or vice-president and secretary or .assistant secretary are required and the corporate seal shall be affixed .to all documents requiring signatures. In the case of a partnership, the signa- ture of at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the pro- posal. The estimated cost of the work i's $75,800. Page 2 • • i Plans, special provisions and contract documents may be obtained at,the Public Works Department, City Hall, Carlsbad, California, at no cost to licensed contractors. A nonrefundable charge of $5 each will be required for 2nd or additional sets of plans, specifications and contract documents. It is requested that the plans and special provi- sions be returned within two (2) 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 Public Works Department on request . The general prevailing rate of wages for each craft or type of workperson needed to execute the contract shall be those as determined -by the Director of Industrial Relations pursuant to the State of California Labor Code, Part 7, Chapter 1, Ar- ticle 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1773.2 of said Labor Code, a current copy of applicable wage rates .are on file in the Office of the City Clerk of the City of Carlsbad. * It shall, be mandatory upon the contractor to whom the con- tract is awarded to pay not less than the said specified prevail- ing rates of wages to all workpersons employed by him/her in the execution of the contract. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.S of the Labor Code of the State of California for all occupations ivith apprentice- ships as required on public works projects above thirty thousand • dollars ($30,000) or twenty (20) working days. The amount of the bond to be given for the faithful per- formance of the contract for the said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to fifty percent (502) of the contract price for said work shall be given to secure the payment of the claims for any material or supplies furnished for the performance of the work contracted to be done by the contractor for any work or labor of any kind done thereon. Approved by the City Council of the City of Carlsbad, Cali- fornia, by Resolution No. 5737 adopted on April 3 , 19 79 . April 4, 1979 ALETIIA L. RAUTENKRANZ, Cit/Clerk Page 3 .•—CITY OF CARLSBAD ' CONTRACT NO. 1057 CONSTRUCTION OF STREET IMPROVEMENTS -IN BASSWOOD AVENUE AND VALLEY STREET City Council City o£ Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 PROPOSAL Item The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. in accordance with the plans and specifications of the City of Carlsbad, and the special provisions, and that, he/she will take in full payment therefor the following unit prices for each item complete, to wit: Approximate Quantity g Unit Article with Unit Price or Unit Lump Sum Written in 'Words _ Price TOTAL ALL - LUMP SUM CLEARING AND GRUBBING AT DOLLARS CENTS PER LUMP SUM c ALL LUMP SUM 841 TONS 569 TONS APPROX. 1,120 CU. YDS. OF ROADWAY EXCAVATION AT CENTS PER LUMP SUM CRUSHED AGGREGATE BASE AT DOLLARS CENTS ASPHALTIC CONCRETE PAVING INCLUDING SEAL COAT COMPLETE AT Ajjfj£.T£-£.jO DOLLARS CENTS/OO PER TON ^ 7,98? /(/.CO i &/ -- Page 3A Item . Approximate *' ^ Quantity & Unit '7 10 Article with unit price or lump sum written in words Unit Price TOTAL 1,987. LIN. FT. 9,890 SQ. FT 350 SQ. FT. 1 EACH 5 EACH 536 SQ. FT (IN WORDS) TYPE "G" CURB AND GUTTER COMPLETE IN PLACE AT DOLLARS...- CENTS PER LIN. FT. - P.C.C. SIDEWALK 4" IN THICKNESS AT DOLLARS CENTS . PER SQUARE FOOT P.C.C. DRIVEWAY APPROACH 6" IN THICKNESS AT /.eo cc '77.OQ AJ<9 DOLLARS CENTS PER SQUARE -FOOT P.C.C. SIDEWALK. RAMP 4" IN THICKNESS AT *a.700 /JO DOLLARS CENTS •EACH CONSTRUCT (3") ASBESTOS CEMENT SIDEWALK UNDERDRAIN INSTALLATIONS PER PLAN AT */oo. DOLLARS • CENTS EACH 8' WIDE P.C.C. CROSS GUTTER (6") IN THICKNESS AT . DOLLARS CENTS4J£> PER SQUARE FOOT TOTAL (FIGURES) -StdZ/O '~7#-Qtt$'&£> Page 4 All bids are to be computed on the basis of the given es- timated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a dis- crepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit p'rice, the cor- rected extension shall be calculated and the bids will be com- puted as indicated above and compared on the basis of the cor- rected totals. ^jf' The estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for compari- son of bids . - . • The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance poli- cies within twenty (20) days from the date of award of contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid -shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, Li- cense No. }£>'£>*& _ , Identification _ ft _ . The undersigned bidder hereby represents as follows: (1") That no Councilperson, officer, agent or- employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, .its of- ficers, agents or employees, has induced him/her to enter into this contract., excepting only those contained in this form of contract and the papers made a part hereof by its terms; and (2) that this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is H>Jb>JkE=^!S ^0 A^p (cash , certified che~ck~^ bond or. cashier's check) in an amount not less than ten percent (10%) of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with tine provisions of that code, and agrees to comply with such provisions before commencing the • performance of the work of this contract. Pago 5 SULLY-MiLLER-CONTRACTING CO. Q Phone Number '. . Bidder' s Name . (SEAL)MAYS 1979 ft. E BRANCH i_ . r_; i Vice Provident Date Authorized Signature- '/> ' / SULLY-MILLER CONTBArTTNC rn . //£ , . 555 AIRPORT ROAD '"/^Authorized Signature OCEANSIDE, CALIF. 92054 ' (714) 757-3910 - ' ^ Bidder's Address . 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: C SULLY-MILLER • . . 3000 EAST SOUTH STREET / P.O. BOX 5309 / LONG BEACH, CALIFORNIA 90805 / (213) 531-3550 (714) 639-1400nn CONTRACTING CO. AUTHORIZATION TO EXECUTE BIDS, PROPOSALS, AND PERFORMANCE BONDS^ In accordance with the authority vested in me by virtue of that Board Resolution of Sully-Miller Contracting Company which is dated October 31, 1978, and of that Interoffice Memorandum of the President of the Road Materials Group of Koppers Company, Inc. which is dated November 6, 1978, I, R. K. MacGregor, President and General Manager of Sully-Miller Contracting Company, hereby designate each of the following employees of Sully-Miller Contracting Company who, by virtue of this designation and of the aforesaid Board Resolution and Interoffice Memorandum, shall be and are hereby vested with the authority to execute in the name and on behalf of Sully-Miller Contracting Company, under its corporate seal, any and all proposals for the sale of products, merchandise and services of the company, and any bids and performance bonds required in connection therewith, involving any amount not in excess of five mil lion- dollars in any one instance, to the United States, any of the states, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the departments, political subdivisions, agencies of wholly-owned corporations thereof, or any other person: Pres. & General Manager • - R. K. MacGregor Sr. Vice" Pres. & Manager-Blue Diamond, Div. R. F. Molyneux Sr. Vice Pres. & Asst. Secretary W. D. Rash Vice Pres. -Northern Const. Div,,, & Asst. Sec; • P. A. Abbott Vice Pres. -Los Angeles Const. Div. John A. Berton Vice Pres. -San Diego Const. Div., & Asst. Sec. D. E. Branch, Jr. Vice Pres. -Orange Const. Div. Robert E. Holland . • Vice Pres. -Equipment Div. . R. W. Keith Vice Pres. -Blue Diamond Div. _ W. D. McCullough Controller " ' James 0. Pittman Assistant Secretary Dale 0. Durham, Jr. Assistant Secretary Frank E. Holland Assistant Secretary R. R. Munro Assistant Secretary . J. C. Wilson Assistant Secretary James F. Winders Estimator D. E. Bosworth Estimator Raul Duran Executed at Long Beach _ , California , this 17th day of November , 1978 SEAL: R. K. Mac Gregor DODraz M. L. Dobkin C. R. Pull in J. F. Ramser J. G. Wilking GENERAL ENGINEERING CONTRACTOR • SINCE 1923 • ASPHALT 6. ROCK PRODUCTS MANUFACTURER Page 6 '""BIDDER'S BOND TO ACCOMPANY PROPOSAL • _ &.G.SM BEST KNOW ALL PERSONS BY THESE PRESENTS: . That we> C-^-V^ tfi^A+y d«. as Principal, and <^1^-~^J rv^/wjfcy (^^ _ , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum Dollars«J "), lawful money "of the United States for the pay- ment 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: Construction of Street Improvements in Basswood Avenue and Valley Street - Contract No. 1057 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 ti^enty (20) days from the date of award of con- tract by the City Council of the City e-f Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to' the said City. ;: In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Prin-' cipal shall not exonerate the Surety from its obligations under this bond. ,. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of ?£ *"-\ /? Corporate Seal (if corporation) (^A/c^^/y, j~ /y^J^Li^^—^-xtJxJx-^3£--*~?- fenapal / " Y ' (Xpri, (j SEABOARD StffiETY COMPAIY mm I BOLUNfl • iSSGT&NI SECREI&KI (^ * •' i i 11 «. r(Notarial acknowledgement of exe- .... , . -. , . f cution by all PRINCIPALS and(Attach acknowledgement of cunnTv , o^ u^ ^.^ i ^ i -\Attorney in Fact) SURE1Y .must be attached.) STATE OF CALIFORNIA COUNTY OF LOS ANGELED On this .......... ^ .................. «*y ........... .................. -^19...., before me personally came 2? *™lln i0- b! an Attorney-in-Fact of SEABOARD SURETY C^^NY; the corporation describedm the within instrument, and he acknowledged that he executed the within instrument as the act of n -«*dance -*h authority duly conferred upon htm by . DIANE GOSLING 1 NOTARY PUBLIC CALIFORNIA 1 PRINCIPAL OFFICE IN | LOS ANGELES COUNTY | Form 242 1 My Commission Expires Feb. 1, 1981 1 «MIIHHmil1UHHIHHHIIIIIllHIIIHIIIHIIIIII()IHPIIIIIlmnilHI1HIIII1ltlllllllHHMftlMlnll1Itlllllff STATE OF CALIFORNIA, COUNTY DP LOS ANGELES ss. MAY 3 before me, the undersigned, a Notary Public in and for said State, personally appeared FRANK E. HOLLAND ASSISTANT SECRETARY known to me to be the SULLY-MILLER CONTRACTING CO.of 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. •miiniiiiiimiiiiini umummiiiimnmmiMimi urn intiiiiu niiiiiiimiuii OFFICIAL SEAL I DIANE GOSLING f NOTARY PU21.1C C,"L!FORNIA | PRINCIPAL OFFICE IN I LOS ANGELES COUNTY | My Commission Expires Feb. 1, 1981 | iiiHiimnm»ttHH»imitiHtiinntinmu»uniininmmiimuiimmunmm»u»»»mimiiijf WITNESS my hand and official Notary Public in and for said State. ACKNOWLEDGMENT—Corporation No. 7277 'New YORK, NEW YORK POWER OF ATTORNEY KN9W ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a cor- poration of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint j. H. Caithamer : of Long Beach, California, its true and lawful Attorney-in-Fact, to make, execute and deliver oh its behalf insurance policies, surety bonds, undertakings and other instruments of similar nature as follows: unlimited in amount, but restricted to bonds for Sully-Miller Contracting Company and/or Southern Pacific Milling Company, Inc. and/or South Coast Asphalt Products Company, Inc. Hsw Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect: ARTICLE VIII, SECTION 1: "Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety and underwriting undertakings of the Com- pany, and releases, agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall besigned in the name and on behalf of the Company (a) by the President, a Vice President or a Resident Vice President and by the Secretary, an Assistant Secretary, aResident Secretary or a Resident Assistant Secretary; or (b) by an Attorney-in-Fact for the Company appointed and authorized by the President or a Vice President to makesuch signature; or (c) by snch other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec- retary, this——27th__day of December f 19 73 SEABOARD SURETY COMPANY, By W. S. Wehrell Vice-President Attest: Karen Hayes(Seal) Assistant Secretary STATE OF NEW YORK COUNTY OF NEW YORK On this 22th day of Wt S. Wehrell , 19_7_3, before me personally appeared Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of HfiSLjIfirsfijr ; that he is Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. State of New York, No. 24-7104540 Qualified in Kings County Certificate filed in New York County Commission Expires March, 30, 1976(Seal)Violet Johnson CERTIFICATE Notary Public I, the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power i>l Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Crr!:f:-:?-t» -r>A ' *in further certify that the Vice President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VIII, Section 1, of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and scaled by facsimile under and by authority of the following resolution of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VIII, Section 1, of the By-Laws appointing and authorizing an attorncy-in-fact to sign in the name and on behalf of the company surety bonds, underwriting undertakings or other instruments described in said Article VIII, Section 1, with like effect as if such spal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF. I have hereunto set my hand and affixed the corporate seal of the Company to thc.<e presents this ?.™ day of ™! 19../V.MAY -79 Assistant/Secretary Page .7 DESIGNATION OF SUBCONTRACTOR . . ' • . ' The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the •subcontractors listed will be used for the work for which they bid, subject to the approval of the Public Works Administrator, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the Public Works Administrator of the City of Carlsbad. The following information is required for each subcontractor. Ad- ditional page can be attached if required. Full ' . ., Item(s) Company A.C. & of Work -Name Complete Address Phone No ^ SULLY-MSLLEil CONTRACTING CO. (SEAL) __^ _ _ Type of Organization (individual, part- nership or corporation) SULLY-MILLEK CONTRACTING CO Address^ Aliii'imT Ut)*" OCKANSII)E,.CALIF. 92054 (71 IV. "IV? ';'.) 1.0tity7 SiaO3, £iv ' c DESIGNATION OF SUBCONTRACTOR (continued) • <* The bidder is to 'provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional page can be attached if required. • Full • Type of State Carlsbad Amount • Company : Contracting Business of Name; License & No. License No.* .Bid($ or *) ' UJHIT& c&i&**r • *Licenses are renewable annually by January 1st. If no valid li- cense indicate "none." Valid license must be. obtained prior to working on project. . w^CONTRACTING CO. Bidder,1 s Name f D E. BRANCH (SEAL) . . „„ ,', , Vice President Authorized Signature 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/she has successfully performed and give references which will enable the City Council to judge his/her responsibility, experience, skill and business standing.) The undersigned submits herewith a statement of his/her financial responsibility. The undersigned submits below a statement of the work of similar character to that included in the proposed contract which he/she has successfully performed. c SULLY-MSLLE5 /? / ; Vice President Signature V- CONTRACTOR'S STATEMENT OF EXPERIENCE Sully-Miller Contracting Company — — —.1 -.»...—..-.-.-.—————.—•—.— -.—.— ____—.-—----.-.———. --»- .... i Must Correspond With Contractor's License in Every Detail) PRINCIPAL OFncE_^MOJEastjSouth_S_treet,__Long:..Beach,___CA__90805 _-__. (Street or P.O. Box) (City) . (State) QQ A Corporation ] A Co-partnership ] An Individual Q Combination (Zip Code) signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made • 1. Are you licensed as a Contractor to do business in California? Yes License No 1538 Type t*— Classification (Type) of Specialty Contractor: , 2. Ho\v many years has your organization been in business as a contractor under your present business name? Since July 1. 1925 C55 Ye'arsl . 3. How many years experience in..giyieTal_j;ngijnejBJL^ work has your organization had: (a) As a general contractor?—5_Y_e_ar_s (Type) (b) As a subcontractor? 4. Show the projects your organization has completed during the last five years in the following tabulation: To assure maximum consideration for your prequalification rating, be specific as to the nature of the work your firm actually performed. TEAR TYPE OF WORK VALUE OF WORKPERFORMED LOCATION OF WORK FOR WHOM PERFORMED See attached 'Except as provided in Section 14311.5 of the Government Code, set out in full herein, a contractor prequalified through the submission of a Statement of Experience and Financial Condition who wishes to bid on projects handled by the State of California must be licensed under the California "Contractors' License Law". The licensing must correspond with the prequalification as to type of organization; i.e., a contractor licensed as a corporation must be prequalified as a corporation, a contractor licensed as a copartnership t nust be prequaliGed as a copartnership, etc. Where the prequalification is in the name of and based on a combination of such iitek^jrganizations, then the combination must be licensed as such and any bids based on such prequalification must be in the name of the combination so prequalified. The license, or licenses, held by a contractor must authorize the type of work on which he requests permission to bid. Corporations not incorporated in the State of California must take the necessary steps to permit doing business in the state. [2] PLEASE INCLUDE TWO COPIES OF ANY ATTACHMENTS TO THIS PAGE SUI.I.r-flll.l.JK CilN'lHACTlw; CU'II'ANY Project Hxpcriciicu Poge I ton . Typo of Work V. Lnrxe Dlnn. Sewer Lino " Con. Channel, Bridge, (, Street " Large Diiim. Water I'ipc " Fwy. Bridf.e f, Bus Lanes " Lg. 1'ia. Water Uistrib. l.lno " l.g. Dia. Water Distrib. Lino 11 Street Improvements * Concrete Box/Flood Control " Reservoir Repair " Lg. Ola. Storm Drain 12/31/74 Paving, Drainage, f, Util. " Street Improvement " Street Improvement " Sewer " Pipeline " • Pipeline " Watcrwater Reclara. Pit. " Pumping Plant 1 Sewer " " Storm Drain . " Pump. Pits. - Control Bldgs. " Distrib. Canal 6 Reservoirs " Water Distrib. System •-"-•• Water Line " ' • Pipeline Extension 12/31/75 Storm Drain11 Interceptor Sewer Line " Water Treatment Plant " * 7 Pump Pits. - 7 Con.- Bldgs. " Waste Wtr. Reclam. Plant " Storm Drain * Water Distribution Systems . ' • " Storm Drain Pipe 5 Box " New Roadway " Pumping Plant 2nd Discharge " Storm Drain " Turnouts-Discharge Pipelines " Street Improvements " " Street Construction " Rcinf. Cone. Box Culvert Pump Plants - Control Buildings Storm Drain Interceptor Sewer " Channel * Vaterlines * f Tracts - New Development " • Storm Drain " . Storm Drain " Street Widening " • Street Widening " Renovation Plant - Inter. Sewer " All Improvements " Street Improvements •* Street Improvements , " Interceptor Sewer 12/31/77 . Interceptor Sewer " Storm Drains. Water Lines " Tracts - New Development " Sewers " Sewers " Storm Drains " Pipe Lines " Business Park - New Develop. . " Streets. Curbs, SidewalksM Waterlines • w • Pumping Stations " Water Lines ' " Channel " Storm Drains " Canal Improvements : Value Of Work Performed 6,696,2X7 2.6S6.067 1,811.629 1.791,217 l,567,y.1S 1,0.11,676 951,792 850,702 824,103 813,404 624,758 792,919 773,598 724,488 3.668.869 2,255,473 2,945,040 1,641,936 1,678,938 1,019,452 1,269,347 1,330,617 1,042,227 1,022,490 646,146 5,074,615 4,343,553 2,699,559 2,129,836 2,017,448 1,335,215 1,019,443 987,669 930,055 907,4SS 837,352 742,404 736,785 729,572 709,629 9,182,104 5,064,793 4,317,61.1. 5,364,084 2,094,109 1,138,237 1,096,693 1,000,865 858,440 726,947 723,222 659,742 617,675 607,124 . 579.627 6,837,423 5,401,116 5,363.263 4.2*81,117 2,338,575 2,316,945 2.037,790 1,752,917 1,610.914 1.289,919. 1.110,167 1,OSS,653 1.079,-160 929,962 912,195 Location of Work Orange County Aliso Creek - L.A. County Los Anp.elc* County S«n Bcrn:ulino Freeway Los Angeles County Los Angeles County Los An(;cIcs County 'Los Angeles County Orange County Pueblo, Colorado L. A. Harbor Orange County Orange County Orange County L. A. County L. A. County Palm Desert Pcarblossom Los Angeles Pcarblossom Kern County Kern County Wasco, California Pueblo, Colorado San Jacinto Clendale Cardcn Grove- Bakcrsfield Bakers field Palm Desert Manhattan Beach WASCO Riverside Irvine Pearblossom Orange Bakcrsfield Wilmington Los Angeles Escondido • Kern County 'Antelope Valley Denver, Colorado. Cucamonga Yiraa, Arizona Aliso Hills Phoenix, Arizona Irvine Los Angeles C/0 Simi Valley, CA Los Angeles County Brea Mall - Brea, CA Duarte, CA Long Beach Irvine . Denver, Colorado Irvine, CA Aliso Hills, CA Canbria; CA Nice-, CA Phoenix, Arizona Oaggett. CA Brea, CA Irvine, CA .Monterey*, CA Valley Center, CA Redwood Valley, CA Cucarconga, CA Irvine, CA Lost Hills, CA Approximately 2,000-3,000 individii.il construction projects are completed .innu.illy. only sono of the significant projects completed during the respective period. For Whom Performed Orange County Sanitation • Metropolitan Water District Metropolitan Water District State of California Metropolitan Water District Sun Gabriel Valley Municipal Los Angeles County Los Angeles County Flood Control Irvine P-inch Water District City of Pueblo, Colorado Los Angclc's Harbor Department City of Costa Mesa City of Costa Mesa Orange County Sanitation District Metropolitan Water District Metropolitan Water District Coachclla Valley Co. Water Disc. State of California City of Los Angeles L, A. County Flood Control Dist. Kern County Water Agency Cawclo Water District Buttonvillow Improvement Pueblo West Metro. Dist. 6 McCulIoch Metropolitan Water District p* Lj A. Co. Flood Control District Orange Co. Sanitation Kern Co. Water Agency Kern Co. Water Agency Coachella Valley Water District L. A. Co. Flood Control District Buttonwillow Improvement District Riverside Co. Flood Control District The Irvine Company Dept. Water Resources - St.of Calif. The Irvine Company Kern County Water Agency City of Los Angeles L. A. Harbor Department City of Escondido Kern County Water Agency Antelope Valley-E. Kern Water Agency Metro.-Denver Sewage Disp. District Dcpt. of Army; Corps of Engineers Bureau of Reclamation Horeland Development Company City of Phoenix The Irvine Company L. A. Community Redev. Agency C/0 Simi Valley . ' L. A. County Sanitation District 12 Hosart Dev. Co. C/0 Duarte L. A. County Road Department Irvine Ranch Water District Metro. Denver Sewage Disp. District No. Irvine Assessment District Moroland Development Co. County of San Luis Obispo Lake County Sanitation District City of Phoenix So. California Edison Company Horeland Devloptocnt Company No. Irvine Assessment Co. Montervy County Valley Center Municipal Water Distr. Redwood Valley County Water Oistr. U. S. Army Corp* of Engineers Narmington Development Co. Lost Hills W:itcr District The experience list above represents 5. Have you or your organization, or any officer or partner thereof, failed to complete a contract?_U_°_If so, give details 6. If you have a controlling interest in any firms presently prequalified with the State of California, show names thereofSouth Coast Asphalt Products Company ' 1. In what other lines of business are you financially interested? None 8. Name the persons with whom you have been associated in business as partners or business associates in each of the last five years .*' 9. What is the construction experience of the principal individuals of your present organization? INDIVIDUAL'S NAME R. K. MacGre^or W. D. Rash R. F. Molyneux J, A. Berton - R. Holland ,«*.,. PRESENT POSITION OROFFICE IN YOURORGANIZATION President Sr. Vice Pres. Vice Pres. Vice Pres. Vice Pres. YEARS OFCONSTRUCTIONEXPERIENCE 37 29 29 18 14 MAGNITUDE AND TYPE OF WORK ..- IN WHATCAPACITY If a corporation, answer this: /~i -1.1 -j • v * R7Q fiflflCapitfll paid in c^sn, $ o/y^ovu ^^When incorporated ly/j V-'In what Star* California Pt*^«pt>« pa™ R- K- MacGregor Sr .Vic* President's nam* W* D- Rash Secretary's nam*> ^- "• Rash _, , W. D. RashTrpfS'irprs TianiR If a copartnership, answer this: Dafe of organisation. State whether partnership is general, limited or association Name and address of each partner: PLEASE INCLUDE TWO COPIES OF ANY ATTACHMENTS TO THIS PAGE [3] CONTRACTOR'S FINANCIAL STATE1N1ENT % NAME ^SULLJ_rMILLJ_R_.CgNJ.MCTING_COMPANY. Condition at close of business , December 31 19^77 ASSETS Current Assets 1. Cash 2. Notes receivable 3- Accounts receivable from completed contracts , •4- Sums earned on incomplete contracts 5- Other accounts receivable 6- Advance"! to construction joint ventures 7- Materials in stock not included in Item. 4 8. Negotiable securities 9r 'Other current assets .,--., DETAIL 25 2 2 46£!_ 254 38 308 312 853 _23.9. 502 824 016 447 Fixed and Other Assets 10. Peal estate 1 1 r Construction plant and equipment . . 12. Furniture and fix-hires 13- Investments of a non-f\irrent nature 14, Other non-current assets 2 14 14 22.4-J 444 140 293 108 _5.49_ 405 149 169 065 TnfTAT. ASSETS LIABILITIES AND CAPITAL Current Liabilities 45. Current portion of notes payable, exclusive of equipment obligations p» and real estate encumbrances 16. Accounts payable . 1 17- Other current liabilities , II 2 335 003 981 751 Other Liabilities and Reserves 18. Real estate encumbrances 19. Equipment obligations secured by equipment 20. Other non-current liabilities and non-current notes payable.jCNQ.t.e_..lX 21; Reserves 21 027 087 Capital and Surplus; 22. Capital Stock Paid Tip • | 23 Surplus (or Net Worth) - II 25 879 339 600 299 TOTAT. TnTAT. T.TARn.rrrps AND (T*prrAT, CONTINGENT LIABILITIES 24. Liability on notes receivable, discounter! or sold 25. Liability on accounts receivable, pledged, assigned or sold 26. Liability as bondsman^ 27. Liability as guarantor on contracts or on accounts of others 28. Other contingent liabilities TOTAL CONTINGENT LiABrLrrrES....(Not£-2)_. TOTAL 30| 374|881 31| 210(337 6l| 585)218 14| 339|232 21| 027|087 26 218 899 61 585" 218 NOTK.—Show detail] under main headings in first column, extending total] of main heading! to second'column. [7] DETAILS RELATIVE TO ASSETS 1 (a) On hand ... Cash: (b) Deposited in banks named below_ (c) Elsewhere—(state where)__$.. NAME OF BANK LOCATION DEPOSIT IN NAME OF AMOUNT Lencv Payoff _Ac :ounts ~~ (a) Due within one year__Net_pf..allow..._for__uncollec_. $J.6^.>J?.39 2° Notes Receivable: (b) Due after one year Included on Line 14 $J.Q£,.065_ (c) Past due $ RECEIVABLE FROM FOR WHAT £vnjRITY HOW SECURED AMOUNT JBlack Paving ~I 3T333~T_„ ' I I $190, 6.26 "^WillTam JuiikofT "~" _ . J""~_" ~" " ~~L .?7.?,'.^r _"M"T.""Blind "_ .n" -". -*nr""i. Ji IT. j i IT T^'^T" .Jl-J^JLFAn>-JAAAf^lMl 7,474 "__]! Other 'ATrow"a'n'c'e'''fo'f'doubtful' receivables'" Have any of the above been discounted or sold? N°. j. If so, state amount, to whom, and reason. 3 Accounts receivable from completed contracts exclusive of claims not approved for payment $ 25., 254,502 RECEIVABLE FROM TYPE OF WORK ^ONTRACT^ RECmVABXE ^ City of Irvine"$911,393 P°n.4e.?:!°?-?: B°5??s. _ 7P5j 8373_r.cJLBr.9llI^ ZV-lZiLisT ^army}jt_on_peyelo2m_ent _. _' __ _ ^ 3?4j.?68 LaK?-.Co_.___Sanitation . __ 273,462 Others 2?, Have any of the above been assigned, sold or pledged? If so, state amount, to whom, and reason 4Q Sums earned on incomplete contracts, as shown by engineers' or architects' estimates RECEZVABLE FROM TYPE OF WORK AOTOTHACTF R£ACE?VAYLE Have any of the above been assigned, sold or pledgedP-J^Q. If so, state amount, to whom, and reason.. *-*«t »rp*r*tely each item nmounbnj; to 10 per cent or more of the total iuui combiuo tlic remainder. 18] DETAILS RELATIVE TO ASSETS (Continued) •• 5'Accounts receivable not from construction $_3JjA24_ RECEIVABLE FROM FOR WHAT WHEN DUE AMOUNT •?i}?yj™f:®. ?^^.4 An Advance . „$.?.? »?A?.. ^th.er ;. .. I..4.8J2. What amount, if any, is past due? $ 0 Assigned, sold, or pledged 1 '. ; $ 0 f\ Advances to construction joint ventures : $._ v " NAME OF JOINT VENTURE T TYPE OF WORK I AMOUNT What amount, if any, has been assigned, sold, or pledged? $ Materials in stock and not included in Item 4 7 (a) For use on incomplete contracts (inventory value) $ (b) For future operations (inventory value)___ $ 2,508,016 (c) For sale (inventory value) $ II • VALUE . DESCRIPTION QUANTITY FOR INCOMPLETE i FOR FUTURE I r-rra cATpCONTRACTS OPERATIONS JrUKSAiJi /*""*Asphalt Oil, Cement, Aggregates, T3se!T-"E^ What amount, if any, has been assigned, sold, or pledged?.— : : $ 0_ Negotiable Securities (List non-negotiable items under Item 13) (a) Listed—Present market value : $ JL (b) Unlisted—present value '. $ I I I pnrnr ViTTre I PRESENT VALUE r.-T.M BUUR. VALUb (ACTUAL OR ESTIMATED) ISSUING COMPANY CLASS TTTY TT^TT I iwrr IJ, 11 I W IN I 1 • \^OTTVr*T* UISi 1 A \.f/"ITTXTT*• • PRICE AMOUNT PRICE AMOUNT has possession? : \ If any are pledged or in escrow, state for whom and reason . . Amount pledged or in escrow-... _ ; $ * Li\t separately fuch item amounting to 10 per cent or rnoro of the total and combine tho remainder.** IMPORTANT: ttmni littnl under thu bracliug will be itiven no coiuideraciun •> working capital unleu cctual or citimtteJ maiket vuluo it furnished. DETAILS RELATIVE TO ASSETS (Continued) _ I Other current assets , Bid depnsit? prppnirl pyppmfis msli v^lup of lifft ir>siimn<"P ar-r-nipH inl'PrPSt ftif-. $ DESCRIPTION. 1 property Taxes in Advance Royalties in Advance t ~ Plans, Licenses and Other Dejposits Other Expense in Advance Federal and State Income Taxes Check Exchange and Replacement Clearing Accounts Rent in Advance Other * 2,312,447 AMOUNT $ 443,969 1^266^,963 36^001 28,432 ' 346,775 147^.084 4,328 38.895 10°,Real estate ( (a) Us Book value | (b) Nc LOCATION jCounty of Los Angeles^ ed for business pnrpn<;ft«: $ ^j"4,54y t mp.A for hiisirifKS piirpris^": $ DESCRIPTION Orange 2 § San Diego Rock Land § Plant Sites Cost Accumulat HELD IN WHOSE NAME ed Depletion § Depreciatic VALUE $2,618,945 ft 394,396 " $2,224,549 Construction plant and equipmenlL Net__of Accumulated Depreciation 14,444,405 11A What is your approximate annual income from rental of equipment owned by you, exclusive of such income from associated concerns having same.ownership $.0. 12'Furniture and fixtures Net of^Accumulated Depreciation $245J_038_iji •''•••••14D.149 13 Invesrmfin*^ nf 3 nnn-nirrerif pqrtire , . ,t 14,293,169 DESCRIPTION Southern Pacific Milling Company South Coast Asphalt Products Company P §K Materials, Inc. Irwindale Water Rights West End Land Consoldiated Water Other 14 Other nnn-ciirrpnf- astetts AMOUNT 10,090,687 3,608,063 310,168 246,470 37,780 1 * 108,065aTt '" DESCRIPTION Samarian (A $ M Paving) West Coast Paving . ..Other \bu .TOTAL ASSETS $.. AMOUNT 45,767 30,395 31,903 61,585,218 r •Show book value (cost leu depreciation) unleu an appraisal ichcdule prepared by an independent appraiser it attached; In which case appra(>e<l value may beIbown. DETAILS RELATIVE TO LIABILITIES 1 K'Current Portion of Notes Payable, exclusive of equipment obligations and real estate obligations $-.None _____ 1 />O16 TO WHOM PAYABLE (9) f»Iot past fineAccounts Payable: ), ' *7 (M Pa-tf rJiifi WHAT SECURITY € • WHEN DUE $ $ AMOUNT 12,335.981 TO WHOM PAYABLE Various 17 FOR WHAT WHEN DUE AMOUNT 12 3.3.5 9&1 Other current liabilities $ 2 ,003 ,,251 Accrued interest, taxes, insurance, payrolls, etc. DESCRIPTION Accrued Payrolls Accrued Taxes - Sales, Payroll, Property . .Accrued Insurance Losses Other 18 AMOUNT 305,685 609,331 I 965,000 I 123,235 Real estate encumbrances $ V %ff Construction Equipment obligations ( ( a ) Total payments due within secured by equipment: | (b) Total payments due after s TO WHOM PAYABLE 20 Other non-current liabilities and non-current notes p£ DESCRIPTION Union Oil Company of California ...He.ft Defe 21 )n. Oil Co.rap.any o_f_ California »rred Federal Taxes icred. -State ^ Taxes ;rred Credits SIT Tnnnf-h<: $ . V i-x Tnnnth<; $ V HOW PAYABLE •• ynW«» FOR WHAT Reserves , AMOUNT <f 21,027,087 WHEN DUE AMOUNT 113^675^00 2^357^506 3,642,530 873,933 478,118 $ DESCRIPTION ^22 , , . ,. (a) rinmmon , ,Capital stock paid up: ), '. _ , ,(b) Prefprrrd . ... ... ,, . AMOUNT $ 879,600 $ 23 Surplus (or Net Worth) TOTAL LIABILITIES AND CAPITAL $...61.aSA5.,.2.18 * Llit separately each Item •mounting to 10 per cent ot more of the total and combiuo the remairalor.** la this ipice ihuw amount and iirqucncy of iiutaUinent payments. [11] NOTES TO FINANCIAL STATEMENT >****"C- Note 1 - OTHER NON-CURRENT LIABILITIES AND NON-CURRENT NOTES PAYABLE Lines Id and 4 include a $5,175,000 non-interest bearing note, a $8,500,000 non-interest bearing note, and $2,357,506 of non-interest bearing advances, due to Union Oil Company of California. Union Oil does not require repayment of these amounts in 1978. Note 2 - CONTINGENT LIABILITIES Various suits and claims are pending against the Company. It.is the opinion of management, on the information fur- nished by counsel, that any ultimate liability will have no material adverse effect on the company's financial position. Note 3 - FIXED ASSETS . Accumulated i ' Cost Depr. 5 Depl. Book Value . 10. Real Estate $ 2,618,945 $ 394,396 $ 2,224,549 11. Construction Plant § Equipment 26,560,091 12,115,686 14,444,405 12, Furniture § Fixtures 385,187 245,038 140,149 $29,564,223 $12,755,120 $16,809,105 COOPERS fi. LYBRAND CERTIFIED PUBLIC ACCOUNTANTS A MEMBER riRM OF COOPERS B.LYBRANO (INTERNATIONAL) IOOO WEST SIXTH STREET Los ANGELES. CALIFORNIA 9OO\7 (2i3| «»8i-iooo To the Board of Directors Sully-Miller Contracting Company We have examined the Contractor's Financial Statement, in the form provided by the State of California, of Sully-Miller Contracting Company as of December' 31, 1977- Our examination was made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we consider necessary in the circum- stances. - - In our opinion, the aforementioned financial statement presents fairly the financial information, in the form prescribed, of Sully-Miller Contracting Company at December 31, 1977, in .conformity with generally accepted' accounting principles applied on a basis consistent with that of the preceding year. The financial statement referred to in the foregoing opinion is set forth on Page 7 of this report. Our examination was made primarily for the purpose of rendering an opinion on this basic financial statement taken as a whole. The other data included in this report on Pages 8 to 11, inclusive, although not considered necessary for a fair presentation of the Contractor's Financial Statement, are presented primarily for supplemental analysis purposes. This additional information has been subjected to-the audit procedures applied in the examination .of the basic financial statement, and is, in our opinion, fairly stated in all material respects in relation to the basic financial statement taken as a whole. Los Angeles, California February 14, 1978 Page 9 CONTRACT THIS AGREEMENT, made and entered into this ^L^ day of , 19j73_, by and between the City of Carlsbad, California, hereinafter designed as "City", party of the first part, and Sully-Miller Contracting r.n . _ hereinafter designated as "Contractor", party of the second part. WITNESSETH: The parties hereto do mutually agree as fol- lows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Con- tractor agrees with the City to furnish all materials and labor for: Construction of Street Improvements in Basswood Avenue and Valley Street - Contract No. 1057 and to perform and complete in a good and workpersonlike manner all the work pertaining thereto sho\ra on the plans and specifica- tions therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (ex- cept such materials, if any, as in the said specifications are stipulated to be furnished by City), and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all'the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, ' or from any unforeseen difficulties whcih may arise or be en- countered in the prosecution of the \rork until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borned by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Con- tractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the Page 10 specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns., do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Con- tractor's Proposal, and the plans and specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made a part of this agreement. ""• 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workperson needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and safe harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description', directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting di- rectly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed the day and year first above written.. '*...: • '• .-fe Frilly-Miller Contracting Co. /•XT .. • -i i i j ^ i"" Contractor,(Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) By (seal)' APPROVED A^TO VIN(CENT/Fa/B10N Bv ^% u// ^Daniel S. HentschKe, Assistant APPROVED AS TO FORM: City Attorney Vice President Title By Title CITY OF CARLSBAD, CALIFORNIA ^ ^ ^ ^i - U\ AjsLsLL City Clerk STATE OF CALIFORNIA, COUNTY nF Los Angeles imi'uiimHiimwHiiiliirmimiiwiul OFFICIAL SEAL DIANE GOSLING NOTARY PUTJLIC CALIFORNIA PRINCIPAL OFFICE IN LCS ANGELES COUNTY My Commission Expires Feb. 1, 1981 { ON. ss. May 1_8_: 19_Z9_, before me, the undersigned, a Notary Public in and for said State, personally appeared D . E. Branch Vice President _, known to me to be the 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 offici d. Notary Public in and for said State. —. ACKNOWLEDGMENT—Corporation Page 11 *XO. LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 5769 adopted May 15, 1979 has awarded to Sully-Miller Contracting Co. , hereinafter designated as the "Principal11, a contract for: Construction of Street Improvements in Basswood Avenue and Valley Street - Contract No. 1057 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the* Office of the City Clerk'. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any ma- terials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE Sully-Miller Contracting Co. as Principal, hereinafter designated as Contractor, and SEABOARD SURETY CQMPAJfY as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Eight Thousand Nine Hundred Eight Five 5 no/100Dollars ($28,985.00 ) said sum being fifty percent (50%) of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors f^iil to pay for any materials, provisions, provender or other supplies, or teams.used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page 12 1192.1 of the Code of Civil Procedure so as to give a right of /*•" action to them or their assigns in any suit brought upon this W bond, as 'required by the provisions of Section 4205 of the Gov- ernment Code of the S.tate of California. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or ad- ditions to the terms of the contract or.. to the work to be per- formed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event any Contractor above named executed this bond as an individual, it is agreed the death 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 ff£J day of^ 19 SULLY- MILLER COKTHACTIIB CMPM1 (seal) NOTARIAL ACKNOWLEDGEMENT 7^ 7" - *\ OF EXECUTION OF ALL PRIN- , «,* * IJ J& J /nD \ I C I PALS AND SURETY MUST ^j^^/C^ AAL&/~~ V/ (Seal)BE ATTACHED . - ^^"^-^ • ' ^ - «•* - (Seal) SBAJ30AED SURETY COigJifY (Seal) JAMES 0. PiTTMAW *nPRNflNN-FftCl Surety STATE OF CALIFORNIA, COUNTY OF Los Angeles OFFICIAL SEAL DIANE GOSLING NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY L"immission Expires Feb. 1, 1981 SS. "ON May 18 19JZ2-, before me, the undersigned, a Notary Public in and for said State, personally appeared . Holland _, known to me to be the Assistant Seftretary f!n.of 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 si Notary Public in and for said State. ACKNOWLEDGMENT—Corporation STATE OF California) COUNTY OF Los AngeJJes On this 18th day May.... 19.79 , before me personally came Jameis.__0.___Pittm9n 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,^EABQAJan,,,SIIBJEXX,1!C:,QMP,AN,Y in accordance with authority duly conferred upon him by said CofcB^ H^TSSk NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN -^~^t=-K^^LOS ANGELES COUNTY Form 242 I My Commission Expires Feb. 1, 1981 'otary PubUc. Page 13 PERFORMANCE BOND . KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 57 69 adopted May 15, 1979 _ > has awarded to Sully-Miller Contracting Co. _ > hereinafter designated as the "Principal", a contract for: • Construction of Street Improvements in Basswood Avenue and Valley Street - Contract No. 1057 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, Sully-Miller Contracting Co. _ , as Principal, hereinafter designated as the "Contractor", and _ _ SEABOABD SURETY COMPAITC _ as Surety, are held and firmly bound unto the City of Carlsbad, in the sum °f Fifty SRVPTI Thmi<;anrl Nine Hundred Seventy and no/100--- Dollars ($ 57,970.00 ), said sum being equal to 100 percent (1001) of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above- bounden Contractor, his/her or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein speci- fied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carls- bad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall not affect its obligations on this bond, and it does hereby waive Page 14 notice of aiiy change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the /Jfrtjt day of NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF ALL PRIN- CIPALS AND SURETY-MUST BE ATTACHED GamGTiN6 CMPAII (Seal) EMM I mum • ISSISTIHI SEfflEfBH (Seal) Contractor SEABOARD SUE1TY COMPAJTY JpESO.PITTMAN inORNCT-ffl-fSCI Surety (Seal) . (Seal) (Seal) STATE OF California) COUNTY OF Los Angel4 On this .1.8th..day May. 19.. 79..., before me personally came ................................................................................................... James.. Q...Pittman ......................................................................................................................... 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 said Form 242 I Ctiifflti DIANE GOSLING NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires Feb. 1, 1981 in accordance with authority duly conferred upon him by Notary Public. < STATE OF CALIFORNIA, COUNTY OF Los Angeles OFFICIAL SEAL DIANE GOSLING NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY mmission Expires Feb. 1, J9&J1, inntnimitiiniiitiiiiHtinninHiimtmHHinMiimtimnmiiiimimM'm SS. May 18 IQ 79, before me, the undersigned, a Notary Public in and for said State, personally appeared ON_ .. Hnllanrj _, known to me to be the Assistant Secretary frilly-Miller rnntractiag Co.of 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 sea /J Notary Public in and for said State. ACKNOWLEDGMENT—Corporation Page 15 CITY OF CARLSBAD ENGINEERING DEPARTMENT CONSTRUCTION OF STREET IMPROVEMENTS IN BASSWOOD AVENUE AND VALLEY STREET CONTRACT NO. 1057 SPECIAL PROVISIONS I. GENERAL REQUIREMENTS A. Work to be Done The work to be done consists of furnishing all labor, equip- ment, materials and performing all operations for street im- provements in Basswood Avenue and Valley Street. B. Plans and Specifications The specifications for the work consist of the Standard Specifications of the City of Carlsbad, the 1976 Edition of Standard Specifications for Public Works Construction (hereinafter designated S.S.P.W.C.) as issued by the South- ern California Chapters of the American Public Works Asso- ciation, and these contract documents and specifications. The construction plans consist of five sheets designated as City of Carlsbad Drawing No. 192-1. The standard draw- ings utilized for this project are City of Carlsbad draw- ings and drawings from the Regional Standard Drawings of the San Diego area. Copies of pertinent standard drawings are enclosed with these documents. C. Construction Schedule and Time of Completion A construction schedule is to be submitted by the Contractor per Section 6-1 of the S.S.P.W.C. Coordination with the respective utility company for removal or relocation of con- flicting 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 120 consecutive cal- endar days from the date of receipt of said "Notice to Pro- ceed". D. Noneonforming 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 his/her nonconforming work shall be borne by the Contractor. Page 16 r E. Guarantee All work shall be guaranteed for one year after com- pletion and any faulty work or materials discovered dur- ing the guarantee period shall be repaired or replaced promptly. F. Water for Construction The Contractor shall obtain a construction meter and pay all fees and deposits for water utilized during the construction of this contract. The Contractor shall contact the City Water Department for requirements. Compensation for water fees'shall be included in the various contract unit prices and lump sum prices of the construction work and no additional payment shall be made. G. Surveying Surveying service for this project shall be performed by the City of Carlsbad or its authorized agent. Re- quirements of the Contractor pertaining to this item are set forth in Section 2-9 of the S.S.P.W.C. II. CLEARING AND GRUBBING A. Clearing and grubbing shall conform to the requirements of Section 300-1 of the S.S.P.W.C. • B. Clearing and grubbing shall include the longitudinal saw cutting along the center line of Valley Street from Basswood Avenue to Chestnut Avenue and Basswood Avenue from Valley Street to the easterly terminus of the project. C. Payment: Compensation for clearing and grubbing shall conform to the S.S.P.W.C. Clearing and grubbing shall include payment for all pavement saw cutting and no ad- ditional compensation shall be made. III. CRUSHED AGGREGATE BASE A. Crushed aggregate base materials shall conform to the requirements of Section 200-2.1 through Section 200-2.2.2 of the S.S.P.W.C. B. Measurement and payment for crushed aggregate base shall conform to Section 301-2 of the S.S.P.W.C. IV. ASPHALT CONCRETE PAVING A. Asphalt concrete paving shall conform to Section 302-5 of the S.S.P.W.C. Asphalt concrete paving viscosity grade shall be AR 4000. Page 17 / B. All new asphalt concrete pavement shall be fog seal coated with asphalt emulsion as directed by the Engi- neer and as set forth in Section 37-1 of the California Division of Highways Standard Specifications. C. A tack coat shall be applied to asphaltic concrete along the saw cut line as directed by the Engineer. The tack coat shall conform to Section 302-5.3 of the S.S.P.W.C. D. Payment: Compensation for asphalt concrete pavement, including fog seal coat and tack coat, shall be included in the asphaltic concrete pavement bid item, and no other compensation shall be provided. V. CONCRETE CURBS AND GUTTERS, SIDEWALKS, DRIVEWAYS, CROSS GUT- TERS AND SPANDRELS A. The construction of concrete curbs and gutters, side- walks, •driveways, cross gutters and spandrels shall con- form to Section 303-5 of the S.S.P.W.C. Portland cement concrete shall conform to Section 201-1 of the S.S.P.W.C. Concrete sidewalks shall be 4"'in thickness. The cross gutters, driveway approaches and spandrels shall be 6" in thickness. B. Measurement and payment for concrete curbs and gutters, sidewalks, driveways, cross gutters and spandrels shall conform to Section 303-5.9 of the S.S.P.W.C. VI. EXCAVATION, FILL MATERIAL AND OTHER STREET CONSTRUCTION WORK A. Further reference is hereby made to the plans, standard drawings and the Standard Specifications for Public Works Construction for all other street construction items not modified by these special provisions. c 1 1/2" except where elevations shown indicate otherwise. 1/2"C TYPE G &J&CURB TYPE W 24' "AREA SQ. FT. 1.34 with 6" Curb Face NOTES: 1. Concrete shall be 517 - C - 2500. 2. See Standard Drawing G-10 for joint details. LEGEND ON PLANS \O51 TYPE.4 ., HICOUMINOEO BY THE SAN OIEGO tCIOIAL STANDARDS COMMITIEE R.CE. I3WI Otll DRAWING NUMBER G-2 SAN DIEGO REGIONAL STANDARD DRAWING CURB AMD GUTTER--COMBINED Revision Approved Data Width as shown on plan • NON-CONTIGUOUS Width as shown on plan r __ / CONTIGUOUS \ i\ NOTES 1. Concrete shall be 517 • C - 2500. 2. See Standard Drawing G-10 for joint details. Revision By Approved DMe .. SAN DIEGO REGIONAL STANDARD DRAW CincWAI V TVPIPAI QPOTinM*otUilvJALiv • 1 irll/ML OL.LI 1 1UIK LEGEND ON PLANS RECOMMENDED BY THE SAN OIEGO RlGIO.'lAl ilANUAROS COMMlTUE ^Zc. /ns Caa'iluuio< H.C.k. 19301 Uiti OR WING NUMBER • See Detail A 7 1/2' Min See Detail B Gutter Grada SECTION A-A 1/2" Lip on Depressed Curb Section will be sloped at 45? - DETAIL C 6' 4* A 6' Seo Detail C DETAIL-A DETAIL-B NOTES 1. Ramp shall be centered on or directly opposite tfie bisector of the curb return or as directed by the Agency- 2. In the ramp area, the slope shall not exceed 12:1 (8.33%). Any deviation must be approved by the Agency. 3. Texture to be heavy broom finish transverse to axis of ramp. 4. Concrete shall be 517-C-2500. LEGEND ON PLANS KtCOMMtNC'O IV THF SAN OlfGO RlCIONAt SIANUAROS COUKIIHE HCt, I'JSO/ 6*t* DRAWING NUMllEli G-8 SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK RAMP Revision Dy Approved Date Mid Point of Curb Return P.C.R. 5' Typ. NOTES 1. Expansion Joints • at curb returns, and adjacent to structure?, (See Standard Drawing G-10). 2. Weakened Plane Joints at mid point of curb return, when required, and at 15' intervals from P.C.R.'s (See Standard Drawing G-10). 3. 1/4" grooves with 1/4" radius edges at 5' intervals. 4. See Standard Drawing G-8 for installation of sidewalk ramps. Rcvi:.;By Approved Dale SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK JOINT LOCATIONS flECOMMENUCO BY THE SAN DIEGO REGIONAL STANDARDS COMMIIUE . H C.I. Ci'idl Uiu DRAWING NUMBER G-9 Expansion Joint filler material •1/2" EXPANSION JOINT 1 £.Preformed Joint filter .*.-'".»•'- I '•:""' T -1/4" WEAKENED PLANE JOINT PAVEMENT C.TX:..*.•;-. ;v?j^.. ' I •'*••'••.'-'c;•. • ••*•• r~ 1/4-R I 4 x 22" Bar x 30" C.C. CONTACT JOINT L1/4" R -3/16" y.-.*.^ WEAKENED PLANE JOINT SIDEWALK -1/4" R s 1 5/8" . KEYED JOINT ,-- fttCOVMCNO[0 BY THE SAN DIEGO ItEGIOMM, SIANOAROS COMMIIUt DC 1. 1330' DRAWING p m NUMBER U-IU SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE JOINT DETAILS Revision Approved "Date Existing Score Mark- Existing Score Mark Area to lie removed Extend to existing score mark or joint ol SIDEWALK PLAN Area to be removed Extend to existing score mark or joint -Existing Joint Existing Joint '*-• V •• •SIDEWALK SECTION Area tq be removed 30" min from existing joint or edge of curb -Curb Line •Gutter Line CURB PLAN Area to be removed 3' min from existing joint or edge of pavement PAVEMENT SECTION -Existing Joint or Edge -Existing Joint or Edge Remaining edge to be smooth and true with no shatter. Portland cement concrete to be removed NOTE When distance from, "Area to be removed", to existing joint, edge or score mark is less-than-minimum shown. "Area to be removed",- shall be extended to that joint, edge or score mark. . SECTION Showing Cut Revision By Approved Date SAN DIEGO REGIONAL STANDARD DRAWING PORTLAND CEMENT CONCRETE CURB, GUTTER, SIDEWALK AND PAVEMENT REMOVAL AND REPLACEMENT RECOMMENDED BY THE SAN UIEGO REGIONAL STA.'IOAKUS COMMIHU net. lain/ i)jt< DRAWING NUMBER Contact Joints per Standard Drawing G-10 when separate pours are made v PLAN 'JLLLL • Base material as shown on plans SECTION A-A NOTES • , 1. Concrete shall be 517 - C - 2500.' 2. • «• Weakened plane joints. 3. -* —« = Typical fiowlines. 4. O = Elevations to be shown on plans. 5. Return segments to be G" thick. LEGEND ON PLANS MCOMMENOEO BY tME SAN OIEGO REGIONAL STANDARDS COMMITTEE H.C.L 13801 Out DRAWING NUMBER G-12 SAN DIEGO REGIONAL STANDARD DRAWING CROSS GUTTER Revision By Approved Date Non-contiguous Sidewalk curb line -Optional Contact. Joint • •Depressed Curb- • Gutter- Property Line 3'-0"• »- ontiguous Sidewalk I •Weakened Plane Joint PLAIN! Driveway Curb Opening ,/V Driveway width shown on plans •Depressed Curb- Bottom of Curb } ELEVATION .12" R (typ.) Edge of Sidewalk 4" Residential J 6" Commercial SECTION 2" R-~l" above Gutter NOTES 1. No concrete shall be placed until forms and subgrade are inspected by the Agency. 2. Concrete shall be 517-C-2500. 3. Weakened plane joints required on driveway f£ for driveways 12 ft. 'to 24 ft. wide, driveways wider than 24 ft. to 30 ft. wide shall have two weakened plane joints evenly spaced. . 4. See standard drawings G-15 and G-16 for width and location requirements. LEGEND ON PLANS . Residential (Commercial) Driveway RECOMMtNOED BY THE SAN DIEGO REGIONAL STANDARDS COMMITTEE HCE.Dili DRAWING NUMBER G-14 SAN DIEGO REGIONAL STANDARD DRAWING CONCRETE DRIVEWAYS Revision BY Approved Date REQUIREMENT 1 No portion of any curb opening shall be permitted within 6' of the intersection of the prolonged property lines and the curb as shown by arc A. REQUIREMENT 2 No portion of any curb opening shall be permitted in the curb return where the radius of curb is 25' or less, as shown by arc 6. REQUIREMENT 3 Dn all curb returns where the radius is 25' or more, curb openings may encroach upon e.azh end of the return a riistsr.ne equal to 12 M?.% or 1/8 of the total length of the arc on the curb return, thus leaving at least 75% of the length of arc on the return face free from driveway encroachment, provided Requirement 1 is met." REQUIREMENT 4 No portion of any curb opening shall be permitted in the curb return where a scperate turning movement is provided, as shown by arc C Revision By Appioved I Onle SAN DIEGO REGIONAL STANDARD DRAWING DRIVEWAY LOCATION - ADJACENT TO CURB RETURNS AND STREET LJKES RECOMMtWHO 0V TUF. SAN OlERO RfCIDNAL SIANOAHUS COMMIIItL ..li'Ulnr H C.I DUO/ D»lt DRAWING p 1C NUMBER U-ID ALLEY Obstruction • «c: 1-J £oCio cu 3' min. from jTv any driveway | <i>. '.•':'''" ''*•'*•. * '"' ' 'f'~ Driveway '.- . . -.*'. •'••.'•.•. ••-'. :. ''•••'••• ^. •.'.•;;-.• ';•••; :•//•':.•••••• v »•»•».:;•.'•.'•: "•'»'/-. tr •*'»•• ",*!•" Driveway c 'e M ^.:,l ^'•*. CT '..'' .C' • 'ccuCL O .Q•V- =1 * 9 ^> C31 ^'ceuC3. O •e 5 I ^^^-Obstru i<<?T» * " * • •y • «: . -V ~-»^i r^V */v. .»' " '. »' ' .'.*"'• ction + Curb radius i- Curb-*- % I \Driveway Width— i *Driveway Width/ ^~ STREET •6' min. from Alley or Drainage Outlet -Residential Driveway Width •-12'min., 30'max. -Residential:20' min. between curb openings serving same parcel. Commercial: 4' min. to 10' max. between curb openings serving same parcel. If over 10', minimum of 26' required. Commercial Driveway Width - - 12' min., 30' max. NOTES 1. Curb openings, except for joint-use driveways and drive ways on lots having 21 - foot frontage or less, shall be located at least 3 feet from the side property line extended. 2. Not more than 40% of the property frontags on residential lots, nor 60% of the property frontage on commercial lots may be allocated for driveway curb openings, except that lots having frontage of 25 feet or less are entitled to one 12 foot driveway (18 foot curb opening). 3. All driveways and curb openings shall be a minimum of 3 feet from any obstruction, i.e., poles, hydrants, etc. 4. No portion of any driveway shall be allowed across a line extending normal to the roadway from the front corner of the property, except that joint-use driveways may he permitted in special instances where written approval of boi!i property owners is filed with the Agency. flfCOMMlNOCO >V "lf !>*NICIONAl SIAKJAHUS CUMUIMU CUDI.'IIUW Hll DRAWING « « p NUMiltR b-IO SAN DJEGO REGIONAL STANDARD'DRAWING DRIVEWAY LOCATION WIDTH REQUIREMENTS Revision Bv Approved B SECTION B~B SECTION A-A APPROVED DRAIN PIPE SIZES 3" 4" 6" 6" to 8" 8" 10" CURB CURB CURB FACE FACE FACE NOTES > 1. Pipe shall be one continuous length from property line to curb line. ^ 2. Multiple pipes to be set a minimum distance of D/2 apart. 3. Concrete shall be 517-C-2500. 4. Pipe shall be circular asbestos cement, cast iron or rigid plastic. Drain shall not occupy the hatched area BLOCK CORNER /OS7 Revision Cy Approved Date SAN DIEGO REGIONAL STANDARD DRAWING SIDEWALK UNDERDRAW PIPE RCCOMUtNOEO Of THE S»K OK GO RtGIONAL STANDARDS COMMIIUI CooiiliruhK R.C.I. I'JDOI Dili DRAWING NUMBER D-27 GRIFFITH COMPANY C—rontractors * LICENSE NO. 32168 1501 FRAZEE ROAD, BOX 33187, SAN DIEGO, CALIFORNIA 92103 (714) 297-4455 October 2, 1979 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: CONSTRUCTION OF STREET IMPROVEMENTS IN BEECH AVENUE, GARFIELD STREET & CARLSBAD BOULEVARD - CONTRACT 1059 Gentlemen: I am enclosing the signed, notarized "Certification of Compliance" in connection with the above-referenced project. Very truly yours, '< \ \ GR|FF^TH COMPANY ../;/ ! / / V-^\ J. Gish Administrative Assistant ( RECEIVED CCT 1979 OF CARLSBAD ,, ir.3 D9Dartment SERVING THIS AREA SINCE 1903 c STATE AND" LOCAL FISCAL' ASSISTANCE ACT OF 1972 "EC. 122. NONDISCRIMINATION PROVISIONS. (a) PROHIBITION. ." . * (1) IN GENERAL. No person in the United States shall, on the ground of race, color, national origin, or sex, be ex- cluded from participation in, be denied the benefits of, or be subjected.to discrimination under any.program or activity of a State government or unit of local government, which gov- ernment or unit receives funds made available under subtitle A. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also aPPiy to any such program or activity. Any prohibition .against discrimination on'the basis of religion, or any ex- emption from such prohibition, as provided in the .Civil Rights Act of 1964 or title VIII of the Act of April 11, 1968, hereafter referred-to as Civil Rights Act of 1968, shall also apply to any such program or activity. (2)EXCEPTIONS. (A) FUNDING. The provisions of paragraph (1) of this subsection shall not apply where any State government or"unit of local government demonstrates, by clear and convincing evidence, that tho program or activity with respect to which the allegation of discrimination has been made is not funded in whole or in part with funds made available under subtitleA- : : •, -. - '•'• • '• • ••• v;•'••.../- ... '•'.- :• . :* " >;: (B) CONSTRUCTION- PROJECTS IN PROGRESS. The provisions of paragraph (1), relating to discrimination on the basis of handicapped status, shall -not apply with respect to construc- tion projects commenced: prior to January 1, 1977." '-'.. ' CERTIFICATION OF COMPLIANCE GRIFFITH COMPANYI hereby certify that ^_ legal name of vendor~~ in performing under Purchase Order (s) awarded by the City of Carlsbad, will coinply with the provisions of Section 122 (a) of the State and Local Fiscal Assistance Act of 1972. October 2, 1979 Date (NOTARIZE OR CORPORATE SEAL) " ' Signature Donald. L. McGrew Executive Vice Presidents•'• /-V /,:?/ Title "C<1U. y..:/-y /\^-f-..::.v - C'V This certification is to be submitted with notarized contract. , STATE OF CALIFORNIA, I COUNTY OF SAN DIEGO ss. October 2 19.79 before me, the undersigned, a Notary Public in and for the said State, personally appeared Donald L. McGrew . known to me to be the Executive Vice President, and , known to me to be the_-Secretary oL OFFICIAL SEAL SANDRA J. GISH NOTARY PUBLIC CALIFORNIA | PRINCIPAL OFFICE IN 1 SAN DIEGO COUNTY \ GRIFFITH COMPANY the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein 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 i . JTSre.—Wolcotts firm ZZ6—«ev. 3-64