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HomeMy WebLinkAboutSurface Designs Inc; 1981-06-24; 1089/ CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS & SPECIFICATIONS FOR MEDIAN ISLAND irPROVEnBJT ON EL CAHINOvREAL-a HIGHWAY 73 CONTRACT NO, 1039 TABLE OF CONTENTS PAGE ITEM ' . ' 1 NOTICE INVITING BIDS . . 3 . PROPOSAL .'.'.• 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL* * 7 DESIGNATION OF SUBCONTRACTORS 9 .BIDDER'S STATEMENT OF-FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 11 CONTRACT . 14 LABOR AND MATERIAL BOND ' • ' '16 PERFORMANCE BOND 18 GENERAL PROVISIONS . . • 23 SPECIAL PROVISIONS J 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Cttp of Cartebab APRIL 3, 1981 TELEPHONE: (714) 438-5621 TO: FROM: SUBJECT: PLANHOLDERS VICKI BURKIN * ENGINEERING MEDIAN ISLAND IMPROVEMENTS ON EL CAMINO REAL AT HIGHWAY 78 - CONTRACT NO. 1089 ADDENDUM NO. 1 '• On Page 1, "Notice Inviting Bids" change'the bid opening date to April-15, 1981. c DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-55e« O Building Department • . (714) 438-5525 D Engineering Department (714) 438-5541 D Housing & Redevelopment Department (714)438*611 D Planning Department (714)433-6591 Citp of Cartebab APRIL 6, 1981 ADDENDUM NO. 2 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TO: PLAN HOLDERS FROM: .. PAT ENTEZARI , ASSISTANT CIVIL ENGINEER SUBJECT: ' MEDIAN ISLAND IMPROVEMENT ON EL CAMINO REAL AND HIGHWAY ?8 The following written modification shall be made to the subject contract: Delete reference to grouting in the specifications. No gy-outing is required for this project. Pat Assistant Civil Engineer PE:mmt 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 8th day of Apri 1 , 1981 , at which time they will be opened and read £or p e r f or in in g tH e work as . follows: • MEDIAN ISLAND IMPROVEMENT ON EL CAMTNO REAL '$ HIGHWAY 78 CONTRACT NO. 1089 . •Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Refer- ence is hereby made to said specifications for full particulars and description of said work. . « '•!-•-.''. No bid will be received unless it is made on a proposal form furnished, by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (101) of the amount of bid; s.aid. guaranty to.be for- feited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with' the City within the period of time provided for by the bid re- quirements. . - . ' ;. • - The documents included within the sealed bids which require completion and execution are the following: 1. Proposal 2. Bidder's Bond / 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility . * 5. Bidder's Statement of Technical Ability and Experience • . Said documents shall be affixed with th'e appropriate nota- rized signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the presi- dent or vice-president and secretary qr assistant secretary are required "and the corporate seal shall be affixed" to all docu- ments requiring signatures. In the case of a partnership, the notarized signature of at least one general partner is required. All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. No bid will be accepted from a contractor who has not been •licensed in accordance with the provisions of Chapter 9, Divi- sion 3 of the Business and Professions Code. The contractor shall state his/her license number and classification in the pro- posal. The estimated cost, of the work is $14,940. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, **• California, at no cost to licensed contractors for the first >*•>• set. Additional sets are available for a non- refundable fee of $7.25 per set. The City of Carlsbad reserves the right to reject any or •all bids and to waive any minor irregularity or informality in such bids . . The general prevailing rate of wages for each craft or type of workperson needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the State of California Labor Code, Part 7, Chap- ter 1, Article 2, Sections 1770, 1773 and 1773.1. Pursuant to Section 1773.2 of said Labor Code, a current copy of applicable wage rates are on file in the Office of the City Cleric of the City of Carlsbad. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workpersons employed by him/ her in the execution of the contract. . Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations with apprenticeships as required on public works projects above thirty thousand dollars ($30,000) or twenty (20) working days or for specialty contractors not bidding for work through a general "or prime contractor involving more than two thousand dollars ($2*000) or more than five (5) working days. The amount of the bond to be given for the faithful perform- ance of the contract for said work shall be one hundred percent (1005) of the contract price therefor, and an additional bond In the amount equal to fifty percent (50%) 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. Partial and final payments on this contract shall be in ac- cordance with Section 9 of the 1979 edition of "Standard Specifi- cations for Public Works Construction." Approved by the City Council of the City of Carlsbad, Cali- fornia, by minute motion on the 17th day of March, 1981. BATE . .XraffiAT.TlAUTnNKRANZ, CTT Page 3 CITY OF CARLSBAD. f , t CONTRACT NO. 1089 • PROPOSAL . • City Council . • City of Carlsbad . • • • . . • 1200 Elm Avenue •. ' .Carlsbad, CA 92008 " . . « • • • The undersigned declares he/she has carefully examined the -•" location of the work, read the Notice Inviting Bids, examined the plans and specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1089 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: tern Article with Unit Price or 'Approximate Mo. '. Lumo Sum Written in .Words Quantity *y Unit TOTAL Construct Bornanite at TO ' " */ '., ^ ' 'L . b. / y, J^QQ, op Dollars & 2~^fce> Cents per lump sum Addcndum(a) No(s). ' / .-/-<Q ' has/have been, received and is/arc included in this proposal. 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 e'rror in the extension of a unit price, the cor- rected extension shall be calculated and the bids will be com- puted as indicated above and compared on the basis of the cor- rected totals. The estimated quantities of work indicated in this proposal are 'approximate only, being given solely as a basis for compari- son of bids . ' . The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. 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.. /Voyo/ , Identification _ • . 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 (cash, certified check~i 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 tho Labor Code which require . every employer to. be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. Page 5 c=27/.~G Phone Uuicibo . \ Date Bidder's Name Authori^ec^ Signature "Bidder 's Address Authorized Signature '— • ' . Type of Organization •• . - .(Individual, Corporation, Co- .-•••. • • . • -. • -. ! • : ; • -% Partnership) . ' -'" list'below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co-partners' if a co-partnership: ATTACH NOTARIAL ACKNOWLEDGEMENT EXECUTION OF ALL PRINCIPALS OF COPY Pomona First Federal STATE OF CALIFORNIA COUNTY OP SAN BERNARDINO Vss. On April 15, 1981 -before me, the undersigned, a Notary Public in and for said State, personally appeared- known to me to be the known to me to be President, an.1 John M. Dryden known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and ackno'vlc-'ged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. \V1TNS my hand and officialseal. Signature . Secretary of the corporation that executed the within Instrument, Victor L. Lipmqyer / (Corporation)ZVlM(23) 7-77 R VtCTCn L. NOTARY PUBLIC -'CALIFORNIA M I'. U • •""':'-'••'') pf«Nv':PA'. OFFICE IN M jj V^iiJX SAN BERNAIIDINO COUTNV a || • fv'y Commlcr.lon Explrco Mcv. 4,1533 r] '' (Tliij urea for official nottrial teal) i • i « > 0 MIRA MESA OFFICE THE MITSUBISHI BANK k OF CALIFORNIA 61BO MIRA MESA DL.VD. SAN DIEGO, CA. 92126 25328 • IBB MIRA MESA DL.VD. SAN DIEGO, CA. 92126 REMITT£R Surface Designs, Inc. ********** City Of Carlsbad *************$! ,420.00* * * * * | ftr>v>-?1 IK .^ Rl 9D-923/27 :|April 1o> 19 PI 122Z | i! CASHIER'S CHECK n'o as a sail-«i: 122201 aaqi: 21072 .DOLLARS AUTHORIZED SIGNATURE Page 6 •BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL. PERSONS BY THESE PRESENTS: That we, • .: , as Principal, and • _, as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum . of ' ' ' . Dollars ($ ) , 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: MEDIAN ISLAND IMPROVEMENT ON EL CAMINO REAL $ HIGHWAY 78 • ' CONTRACT 1089 . in the City of Carlsbad, is accepted by the City Council of said City, and if the above-bounden Principal -shall duly enter into and execute a contract including required bonds and insurance policies within-twenty (20) days from the date of award of con- tract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become nu}l 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 * 19 . .Corporate Seal (if corporation)Principal Surety By '• Title : — Tlotarial acknowledgement of exe- , , , . ' ,. cut ion by all P'RTITCTTTVLS and.•Attach acknowledgement of SURETY must ^attachedAttorney in Fact . • ' • Attach Power of Attorney Page 7 -DESIGNATION OF SUBCONTRACTORS The undersigned certifies-he/she has used the subbids of the following liste'd contractors in making up his/her bid and that the subco'ntractors 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. Item(s) of Work Full Company Name Complete Address ' Area Code Phone Mo. Page 8 DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to 'provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional page can be attached if required. Full Company "Name Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ($ *Licenses are renewable annually by..January 1st. If-no valid li- cense indicate "none." Valid license must be obtained prior to submission of signed contracts. ^ _; ;_ (NOTARIZE OR CORPORATE' SEAL) Bidder's Company Name Bidder's Complete Address Authorized Signature Page 9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY the undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. 'Approximate $60,000.00 net worth: (Note; a Financial Statement for Surface Designs, Inc.. is in the process of being made) . ; . , . ORIGINAL OJt^IlC^ (NOTARIZE OR CORPORATE SEAL) Page 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .The Bidder is required to state what work of a similar character to that included in the proposed contract he/she ha's successfully performed and give references, with tele- phone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used if notarized or sealed. OJ /)C/S>U ./J, -^•SaTpi-flrture C±*^ (NOTARIZE OR CORPORATE SEAL) . ' Page 11 CONTRACT THIS AGREEMENT, made- and entered into this 3**^ day of ' , 19 $ t , by and between the City of Carlsbad, California, hereinafter designed as "City", party of the first part, and Surface Designs, Inc. _ __ 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: MEDIAN ISLAND, IMPROVEMENT ON EL CAMINO REAL f, HIGHWAY 78 . - .CONTRACT 1089 • . and to perform and complete in a "good and workpersonlike manner all the work pertaining thereto shown on .the plans and specifica- tions therefor; to furnish at his/her own proper cost and expense all tools, equipment, labo-r and materials necessary therefor (ex- cept such materials, if any, as in the said specifications are stipulated to be furnished by City) ,- and to do everything required by this agreement and the said plans and specifications. , • 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be en- countered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence .of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borned by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for , the several items furnished pursuant .to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby .promises and agrees with said Con- tractor to employ, and docs hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for 'the price aforesaid and in accordance with the conditions set forth in the . Page 12 * specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4.. The notice to bidders, instructions to bidders, con- tractor's proposal, and the plans and specifications, and all amendments thereof, when approved by the parities hereto, or when required by the City in accordance with the provisions of the plans and specifications, are hereby incorporated in and made a part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to exe- cute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by ref- erence herein. 6. The Contractor shall assume the defense of and indemni- fy- and hold harmless the City, and its officers and employees, from all claim's, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from .the performance of the contract or.work, regardless of responsi- ' -bility for negligence; and from any and'all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting , directly or indirectly from the nature of the work covered by ^' the contract, regardless of responsibility for negligence. 7. Contractor shall cause the City to be named as an addi- tional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 8. The Contractor shall cause the City to be named as an ' additional insured on any workers' compensation insurance policy • -taken out by Contractor concerning the" subject matter of this " contract. If Contractor has .no workers' compensation insurance policy covering the subject matter of this contract., then Con- tractor shall either (1) acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract or (2) shall assume the defense and indemnify and save harmless the City and its off icers •. and employees from all • 'claims, loss, damage, injury and liability of every kind, nature and description which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for .negligence. •' • . " » 9. The Contractor shall submit to the City the policies ' -mentioned in Paragraphs 7 and 8 or proof of workers' compcnsa- ti-ori self-insurance prior to the start of any work pursuant to • this contract. ' • • 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the.brcacli thereof Page 13 shall be settled by arbitration in accordance with the con- struction industry rules of the American Arbitration Associa- tion and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having- jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure Section 1296. IN WITNESS WHEREOF, the parties hereto have caused this con- tract' to be executed the day and year first above written. {Notarial acknowledgement 6_f execution by ALL PRINCIPALS must be attached.) Surface [resigns, Inc. Contractor B (seal) . Secretary/Chief Financial Officer Title By. APPROVED AS/> TO FORM: B Da Attorney Hentscnfce,' Assistant STATE OF CALIFORNIA COUNTY OF San Bernardino On_ SS. May 26. 1981 Title CITY OF CARLSBAD, CALIFORNIA Mayor .ATTEST: State, personally appeared- -before me, the undersigned, a Notary Public in and for said K known to me to be the.fii f known to me to be. President,John M. Drvden b- jviiunit w itjv iv/ ut , .— ; OCXlClilTy UI U1C n known to me to be the persons who executed the within !^»,,Jnstrument on behalf of the corporation therein named, and Secretary of the corporation that executed the within Instrument, :knowledged to me that such corporation executed the within trumcnt p directors. WITNESS my hand and official seal. i ^jnstrumcnt pursuant to its by-laws or a resolution of its board " 6? di Signature'i JlrJ^X•J. J^-y</^M> «./-<>.>- y /?8SS\ VICTOR L. LJPMEVGR g *; tfarc'-^'A NOTARY PUBLIC — CALIFORNIA 'ij If ^v'*'-. >/ PPJNCiPAt Cl-'FICE IN a8 ^^L^X.SAN.BERNARDINO COUTNY 5J H My Commission Expires Nov. 4,1933 || , • Page 16 nrsnTjnmjrAMr-r: T>n\m Bond Ho . CA-71162-68PERFORMANCE BOND ft..tmil $i?0.00 Executed in 4 copi«a • KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 6509 adopted May 5, 1981 _, has awarded to Surface Designs, Inc. ,__ , hereinafter designated as the "Principal", a contract for: MEDIAN ISLAND IMPROVEMENT ON EL CAMINO REAL § HIGHWAY 78 .CONTRACT 1089 • • in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, Surface Designs. Inc. , as Principal, hereinafter designated as the "Contractor", and Coaaercial Union In.,.i-.^r9 Company ' as Suret>r> are held and firmly bound unto the City of Carlsbad, in the sum of Fourteen Thousand Two Hundred and no/100 —• — Dollars ($JA.200,00 )» said sum being equal to 100 percent (100%) of the estimated amount of the contract, to be paid to the said. City or its certain, attorney, its successors and assigns; for which payment, well and truly to be made, we-bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above- bounden Contractor, his/her or its heirs, executors, adminis- trators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein speci- fied, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carls- bad, its officers and agents, as therein stipulated, then this obligation shall become null and "void; otherwise it shall re-fnain 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 17 notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifica- tions. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the q^h day of Juna , 19 81 • (Notarial acknowledgement. of execution by ALL PRINCIPALS must be • attached.} Surface Designs, Inc. (seal) M. Dryden Secretary/Chief Financial Officer Contractor COMMERCIAL UNION INSURANCE rnMPAMV Byt rv^~^> r yj>vT (seal) Noralan E. Grattan, Jr. AttoYtt«y-In-Fact "Surety Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. TO 1945 CA (8-74) (Corporation) ' STATE OF CALIFORNIA | COUNTY OF SAN BERNARDINO On_ TITLE INSURANCE ANDTRUST t 111I Id_J 0. ss.ATICOR COMPANY JUNE 9,1981 .before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the— known to me to be_ ^resident, and JOHN M" DRYDEN -Secretary 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 VICTOR L. LSPMEYER NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN SAN BERNARDINO COUTNY Commission Expires Nov. 4,1983 (This area for official notarial seal) .. ' . Page 14 Bend No. CA-.7.1162-68 LABOR AND MATERIAL BOND Premium: Included .Executed in 4 copies -. KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by -Resolution No. £,509 adopted May S, 1981 has awarded to Surface Designs, Inc^ . f hereinafter designated as the "Principal", a contract for: . MEDIAN ISLAND IMPROVEMENT EL CAMINO REAL £ HIGHWAY 78 CONTRACT 1089 • in the City of Carlsbad, in strict conformity with the drawings and specifications and o.ther 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 ,,,rfarp n^innc:, ' Inr. as Principal, hereinafter designated'as Contractor, and Coanercial Union Insurance Coapany as Surety, are held firmly bound unto the City of Carlsbad in the.sum of Seven Thousand One Hundred and no/100 Dollars ($7 100.00 ) 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 fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section Page 15 1192.1 of the Code of Civil Procedure so as to give a right of action'to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Gov- ernment Code of the State of California. 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 oh 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 9th day of June . , 19 81 CNotarial acknowledgement surface Designs, inc. of execution by ALL PRINCIPALS must be (seal) attached.) By^^t_ <%? j£L^— ' John M. Dryden Secretary/Chief Financial Officer Contractor COMMERCIAL OHIQN IHSPRAHCE COMPANY (seal) L^VAAA tftf*jt-j/__Wr^ -* *•'^ SI JLJL^/lL^iIonianE. Grattan, Jr. Attorney-In-Fact Surety Attach acknowledgement of Attorney in Fact. Attach Power of Attorney. NOTARIAL ACKNOWLEDGMENT STATE OF Colifornic COUNTY OF Los Angeles On this before me, 9th day June . .. , , . , , , , eighty one, in the year one thousand nrne hundred and " * Ellen H» OShlrO t a Notary Public in and for said County and State, personally appeared Norman E. Grattan, Jr. known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE COMPANY thereto as surety, and his own name as Attorney-in-fact. <! V ?-*.-•• ' 1 %$|I| OFFICIAL SEAL ELLEN H. OSHIRO TmPUBUC • CAL.FORN.A psifiCIPAL OFFICE IN LOS ANGELES COUNTYCDmmissfcnExp.Mar.29,1985 C60815 - Calif. Notary Public in and for said County and State Commission expires: 1-73 POWER OF ATTORNEY # * KNOW ALL MEN BY- THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Mass., hath made, constituted and appointed, and does by these presents make and constitute and appoint Charles H. Thompson, Arthur J. Roche, Carl Melikian, Norman E. Grattan, Jr., and K. Bourque all of Los Angeles, California and each of them its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COM- MERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: Resolved, That the President, or any Vice-President, or any Assistant Vice President, may execute for and in behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secre- tary; and that the President, or any Vice President, or Assistant Vice President, may appoint and authorize an Attorney-in-Fact to execute on behalf of the company any and all such instruments and to affix the seal of the company thereto; and that the President, or any Vice-President, or any Assistant Vice-President, may at any time remove any such Attorney-in-Fact and re- voke all power and authority given to any such Attorney-in-Fact. Resolved: That Attorneys-in-Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in-Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice-President, or any Assistant Vice President, and the signa- ture of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorneyor to any certificate relating thereto appointing Attorneys-in-Fact for purposes only of executing and attesting any bond, un- dertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon "the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Assistant Vice-President and its corporate seal to be hereto affixed, by its Secretary this 27th day of January 19 81 COMMERCIAL UNION INSURANCE COMPANY ByRaymond M. COMMONWEALTH OF MASSACHUSETTSCOUNTY OF SUFFOLK SS. e7 — Assistant Vice-President On this 27th day of January 19 81 , before me personally came Robert J. Spencer, Assistant Vice-President, and Raymond M. Defpssez, Secretary of the COMMERCIAL UNION INSURANCE COMPANY to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. Sandra Wwchow - Notary Public (My Commission expires August 2, 1985) CERTIFICATE I, the undersigned, Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power of attorney are now in force. Signed and sealed at the City of Boston. Dated this 9th day of June Andrejs J. Grots — Assistant Secretary C80903-8 8-78 • Page 18 GENERAL PROVISIONS 1. Plansand Specifications The specifications for the work shall consist of the 1979 edition of the Standard Spec i ficat ions for Public Works Construction (he r~e in a f t e r designated S S P W C) as issued by the Southern California Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the contract documents and the General and Special • 'Provisions attached thereto.i The Construction Plans consist of _2 sheet (s) designated as City of Carlsbad Drawing No. 199-5A The standard draw- ings utilized for this project are the San Diego Area Regional Standard Drawings (hereinafter designated SDKS) as issued by the San Diego County Department of Transpor- tation, together with the City of Carlsbad supplemental Stadard Drawings. Copies of pertinent standard drawings are enclosed with these documents. - 2. Work to Be Done ' . - -—* ' - •-• »—— :_ _. The work to be done shall-consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the ' project plans and as specified in the specifications. 3. Definitions and Intent A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. • B. Reference to Drawings: Where the words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it'shall be under- stood that reference is made to the plans accompany- ing these provisions unless stated otherwise. C. Directions: Where the words "directed", "designated"; "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated Otherwise. The word "required" and words of similar import shall, be understood to mean "as required to properly complete the work as required and as approved by the.City Engineer" unless_stated otherwise. Page 19 D. ' Equals and Approvals: Where the words "equal", . : ^approved equal", "equivalent" and such words of similar import are used, it shall be understood such' words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", ".approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. E. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further,-,including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equip- ment and transportation. ' . 4. Codes and Standards . \ .Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertrining to their product, or material. 5. Construction Schedule A construction schedule is to be submitted by the Contrac- tor per Section 6-1 of the SSPWC at the time of the pre- construction conference. Coordination with the respective utility company for re- moval or relocation of conflicting .utilities shall be requirements prior to cbmmenceme'nt of work by the • Contractor. • • The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall dili- gently prosecute the work to completion within 30 con- secutive calendar days from the date of receipt of said "Notice to Proceed." . • ~ ' 6. Nonconforming Work » . The Contractor shall remove and replace any work not con- forming to the plans or specifications upon written order by the'City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. • Page 20 ,1 7. Guarantee . • • "• All work shall be guaranteed for one year after the"filing of a notice of completion and any faulty work or materials discovered during the guarantee pe-riod shall be repaired or replaced promptly by the Contractor. 8-. Manufacturer * s Instructions . - .• ,.-:..... Where installation of work is required in accordance with the product.manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. 9. Internal Combustion Engines . All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use - on the project (with special attention to City Noise Con- trol Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48). • . 10. s .City Inspectors • All work shall be under the observation"of a City Construc- tion Inspector. Inspectors shall .have free access to any or all parts of work at any time.- Contractor shall furnish inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. 11. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be in- serted herein and the contract shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall -forthwith be physically amended to make such insertion or correction. 12. Intent of Contract Documents -• '• ' . The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of Page 21 •• . ' ' the. contract documents and the City's decision relative to said intent will be final and binding. Failure of the• Contractor to apprise .her/his subcontractors and materials suppliers of this 'condition of the contract will not re- lieve her/him of the responsibility of compliance. 13. Substitution of Materials The proposal of the bidder shall be in strict-conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or pro- 'cess indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The ' offer made in \vriting, shall include proof of the State . Fire Marshal's approval '(if required), all necessary infor- mation, specifications and data. If required, the Contrac- .. tor, .at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemi- cal or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, apparatus, equipment or process indicated or specified. Such substi- tution proposals shall be made prior to beginning of con- . struction, if possible, but. in no case less than 10 days prior to actual installation. • 14. Record Drawings • ." • The Contractor shall provide and keep up-to-date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the •exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at-surface grade. Prints for this purpose toay be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. . . 15. Permits - • ' . ,• n-ii-i— t .--_. -_._—.. —.j ( The general construction, electrical and plumbing permits will be issued by the. City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses, and fees. • • . Page 22 16. Quantities in the Schedule ' -The quantities given in the schedule, for.unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated; no claim shall be made against the City .for damage .occasioned thereby or . for loss of anticipated profits, the Contractor being en- titled only to compensation for the actual work done at the unit prices bid. . • ' The City reserves and shall have the right, when confronted with.uhpredicted conditions, :urifore.seen events,, or emer- gencies, to increase or decrease the quantities of' work to be performed under a scheduled unit price item or to en- tirely omit the performance thereof, and upon the decision of the City to so do, the City Engineer will direct the • Contractor to proceed with the said work as so modified. I£ an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extention of time. 17. Safety and Protection of Workers and Public The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and municipal safety laws and building codes to prevent accidents or injury i:o persons on, about or adjacent to the premises where the work is being performed. He/she shall erect '" - and properly maintain at all times, as required by the conditions and progress of the work, all necessary safe- guards for the protection of workers and public and shall . post danger signs warning against the hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. Water for Construction The Contractor shall obtain a construction meter for water Utilized during'the construction.under this contract. The Contractor shall contact' the appropriate wa'ter agency for' requirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. Page 23-: ' • ' SPECIAL PROVISIONS 1. Dust Control The Contractor shall furnish a water supply vehicle on the job site. The' Contractor shall apply water in the amounts and at intervals as directed by the Engineer. The water supply vehicle and an operator shall be avail-' able upon a reasonable notice as determined by the Engineer for after-hour, weekend, or holiday dust control work. If the Contractor is not available •for dust control measures, the City may arrange for the work to be per- formed by others and will deduct all equipment, labor and material costs from the contract amount. The Contractor shall furnish a street sweeper vehicle on the job site and shall sweep areas as directed by the Engineer. All costs involved for dust control, including supplying and operating water .supply vehicles and street sweepers, shall be absorbed in other items of work. • 2. Traffic Control Traffic control shall be the responsibility of the Contractor. The Contractor shall maintain at least one lane of traffic in each direc- tion during all phases of the construction operation. On Saturday, Sunday and designated legal holidays and when construction operations are not actively in progress on working days, the Contractor shall maintain all travel lanes of the roadway. Any deviations of these requirements shall be approved by the Engineer. The Contractor shall insure that public vehicular access to the businesses along the construction site is to be maintained at all times, unless spe- cific written permission to the contrary is obtained from the property owners. Such written permission shall be available to the Engineer for inspection at all times during driveway closures. All costs related to the installation, maintenance and removal of traffic provisions shall be considered as included in the prices paid for the various contract items and no additional payment will be made therefor. 3. Crushed Miscellaneous Base' . Crushed miscellaneous base shall conform to the requirements of Section 200-2.4.1 of the SSPWC. Payment for crushed miscellaneous base shall be included in the price bid for Bomanite or the P.C.C. which is placed under the Bomanite or P.C.C. No separate or additional payment will be made therefor. M. Bomanite' •- - - •" . » Use Bomanite 6" x 6" red tile with Bomanite color hardener containing emery and Bomanite color curing compound; The color curing membrane must comply with ASTM (C309) and all applicable air pollution regulations. Grout must be a mixture of sand, cement, water and brick red color pigment. Page Scope of Work - The work shall include all labor, materials, equipment and transportation required to install Bomanite. The Contractor for this work shall be licensed, tooled and trained by Bomanite Corporation to utilize the Bomanite process and tools. •The Contractor shall be re- quired to provide a foreman or supervisor who has done at least three Bomanite installations of high quality. Preparation work, including sub-grade preparation, finish grading, set- tine of forms and screeds, and furnishing and installing of reinforcing wire (or bar) shall be done by the Bomanite contractor. Work provided by the Bomanite contractor shall include: - Provide materials (concrete, Bomanite color hardener, Bomanite color curing compound -and grout) - Provide Bomanite imprinting tools - Place concrete - Apply Bomanite color hardener - Apply Bomanite imprinting tools • - Apply Bomanite color curing compound - Grout joints - • - Perform final cleanup. Materials: The concrate shall have a minimum compressive strength of 3000 psi. Aggregates shall conform to'ASTM C33. Mixing water shall be fresh, clean and potable. A normal-set or retarded-set water reducing admixture complying with ASTM C49^ may be used. Nothing containing Calci- um chlorine is permitted in the mix. Installation Process: Special concrete mix shall be placed and screeded to the proper grade and floated to a uniform surface in the normal manner. Bomanite color hardener shall be applied evenly to the plastic surface by the dry-shake method using a minimum of 60 pounds per 100 square feet. It shall be applied in three or more shakes, floated after each and troweled only after the final floating. While concrete is* still in plastic stage of set, the Bomanite imprinting tools shall be applied to make the desired patterned surface. Bomanite color curing compound, thinned in the propor- tion of one part cure to one part mineral spirits (paint thinner), shall be then applied uniformly for curing with a roller or sppayer. The coverage shall be approximately 600 to 650 square feet per gallon of unthinned cur- ing compound. After initial curing, the impressions shall be grouted. A slurry of grout shall be spread over the surface. The surplus grout shall be removed. The surface shall be cleaned to remove residual dust or grout.