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HomeMy WebLinkAboutReso 1968-4825Form No e~ 312 Rev 8-67 RESOLUTION NOW 4825 RESOLUTION OF THE CITY COUNCIL OF THE ACCEPTING BIDS AND AWARDING CONTRAC'T' MODIFICATION CITY OF CHULA VISTA FOR TRAFFIC SIGNAL The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the following two bids were received and opened at 11:00 A.M. on the 28th day of June , 19 68 , in the Office of the Director of Public Works of the City of Chula Vista for_traffic signal modification at inter section of Fifth and H Street Ets Hokin and Galvin $1,793.00 Arrow Electric Company $1,616.00 and WHEREAS, it has been recommended that said contract be awarded to Arrow Electric Company who has assured the City that he is a licensed contractor in the State of California and can produce an acceptable performance bond. NOW, THEREFORE, BE IT RESOLVED that. the City Council of the City of Chula Vista does hereby accept said two bids, and does hereby award the contract for said traffic signal modification to Arrow Electric Company to be completed in accordance with the specifications as approved by the Director of Public Works of the City of Chula Vista- BE IT of the City of to execute said Presented by FURTHER RESOLVED that the Director of Public Works Chula Vista be, and he is hereby authorized and directed contract for and on behalf of the City of Chula Vista. ` / F ;_ Lane"F. Cole, Director of Public Works Approved as to f by .--- George D. indberg, City Attorney ~ .~ -1- ADOFTrP A2?D APPR.OVTD by the CITY COUT?CIL of the CITY OF CLI~LA ~! ~~ I'~ CALIFORNIA this _ 9th day of July ' lg 68 ~ by the rallc;:zin~ ;rot<-, to-wit: AYEti: Councilmen Sylvester, Hamilton, McCorquodale, McAllister, Scott i?AYLS: Councilmen None A.F~rT;T: Councilmen _ None _ ~` Mayor of the City of CL':u~ . V~ .ta Cr~r~ Clerk S TA`Tr 0?' CALIFORNIA ) COU,TY OF SA;'. DIEGO ) ss, CITY OF CHULA VISTA ) T, ?'ENiv'E T?? p. CAMPBELL, City Clerk of the City of Ch~.~la Jistay Ca 11'n; nia.y L~0 I=.EFr,P~Y CEFTIFY that the above and foregoing is a fully true and correct c:~n°- 09 and that the same has not been a._~:~n_ded or rar.ealed, 1 ~'TL P : City C l e r e. ~~! ____._ ,-~ ~ ~ S #1 SPcC I r"I CATI OPJS FOR RFV ! S I OP! T; 0 TRAFFf C S I GhAL SYSTEM AT ;TAI AVEPJUi= AND "h" STREET ~-,.? _S ,~ CITY (; F C H U 1_.1', ~~ I S i ~;. STATE QF CALi FGRNI A NOTICE TC CQr;TRAC,TORS SEALED PROPOSALS will be received at the office of the City Engineer, City of Chula Vista, until i1:00 A. M, on Friday, June 28, 1968, at which time they will be publicly opened and read for performing ~rork as follows: The revision to traffic signal system at >th Avenue and "H" Street. No bid will be accented from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3 of the Business and Professions Code. Plans, forms of proposals, bonds, contract, special provisions and specifications may be examined at the office of the City Engineer, Room 117, Civic Center, Chula Vista, California. Copies of plans and specifications may be obtained at said office. The special attention of prospective bidders is tailed to Section 2, Proposal, ;requirements, and Conditions for instructions regarding bidding. The Ci±y Council reserves the right to reject any or all bids ar.d to waive any irregularity or informality in any bid to the extent permitted by law. CITY OF CHULA VISTA ~~_ ~ Lane F. Cole Director of Pub 1 i c t•Jorks Dated: June 18, 1968 .~ ~;~~f ~ ?-. /', ' _ f: INFORMAL SID PROPOSAL To: City Engineer Room 117, Civic Center Chula Vista, California I, the undersigned, do hereby submit a firm quotation to do the following work, in accordance with City Specifications and Drawings, and Standard Specifications of the State of California, Department of Public Works, Division of Highways dated 1964. The State Specifications shall be considered as a portion of this proposal. Work to be done shall be the removal of a Type I signal standard and the furnishing and installing of a Type XVI signal standard complete with transformer base, foundation, signal heads and street name signs. Northeast Corner Remove existing Type I standard and signal head assembly. Salvage standard and head assembly and return to City Yard, Cut off conduit. Remove concrete foundation. Extend conduit.to new Type XVI standard foundation. Furnish and install galvanized Type XVI standard with foundation and transf ormer base, arm shall be eighteen (18) feet long, Furnish and install mast arm signal on Type XUI standard, using mast arm pt~mbizer, red indication shall be twelve (12) inches in diameter, and, shall have back plate and eight (8) inch long full circle visors. Furnish and install side mounted signal assembly on standard column with eight (8) inch long full circle visors. All signal heads and back up plate shall be furnished with two (2) coats of black enamel. Signal heads, visors, back up plate, brackets, etc., shall be as manufactured by the Econolite Company, the Marbelite Company, or approved equal. Galvanized Type X~!{ standard shall be painted with a primer (polyester- pti-imer, Magna, Coro-check 31-W-7 or equal) and one (1} coat of signal pole yellow Sherwin-4Jilliams Signal Yellow (;~F65 and ~P2) or equal shall be used. Furnish and install Sylvania 125-130V 68W-6000 ~ra-ific signal lamps. Conductors in run between Northeast and Northwest corners to be removed and replaced. Conduit to be grounded to signal standard anchor bolts using~groundiny strap and brass bolts. This is to be done below top of concre*_e foundation. • ,~ Furnish and install four {4) single face signs. Signs to be fabricated of aluminum (.080") suitably stiffened. Background to h~ green porcelain. Border to lee reflectorized. Legend to be stimsonite reflectorized letters, using 8" upper case and 6" lower case. Height o; signs to be i8 inches. Signs to be installed on signal mast arms next to signal using appropriate unabrac. LEGEND REQUIRED TYKE STANDARD "H" Street i II "H" S tree t 1 XV I 5th Avenue 1 II 5*_h Avenue 1 XVII any incidental parts not shown on the plans or specified herein which arA necessary to complete the revision shall be furnished and ins tailed as though such parts were shown and specified herein. ~~~i _/~=,~~ 4,, ~: PROPGSAL To The FJonorabie Mayor and City Council City of Chula Vista, California The undersigned declares that he has carefully examined the plans and specifications "FOR REVISION TO TRAFF~ C S I GNAL SYSTEM AT 5TH P,`JETJUE AND "FI" STREET" and that he has examined the location of the proposed work and read the Gccompan;%ing instructions to bidders, and hereby proposes *_o furnish all materials, and do all the vaork required to complete the said work in accordance with said plans, specifications, and special provisions, for the unit price or lump sum set forth in the following schedule: APPROX-MATE ITEMS WITH UJJIT Pf;ICE i'RICE IN ITEM QUANTITIES WP,I TTEN I N WORDS i= 1 GORES TOTAL LUMP SUM Remove Type I standard. Furnish end install Type XVI standard complete with - foundation, transformer base, and signal heads. Furnish and install signal heads, back ` plate, and street name signs. Remove and replace conductors. o~ ~ LUMP SUM L. S. ) ~~ ~'_ .'-~ j ~ .~ ~~ ce os=3 ?. ! rr~<~ t ~nu.ed i '~'tle LiC1i~c:CSlt~nCd fl.rt~lE'r ag~e~s Lhat in C~z~-e G d<~fat~lt In eXeCUting tf?F'. ~'eq~.rlred CrJitr~.Ct, ~~rlth P_eC.°-SS2rtJ '•^_:~;`,~~, wit:".ln t~':e ten (l0) days riot l~.cluding Sunday, after 17~Vs.riG re~: C1"JGcJ nQt1Ce that the contract is raady for sgnature, ti-:e p.ocecds of t'_-ie check or bond acecrnpunyinc? his bid shall bLcome the prcpnYty oz the City of Chula Vista. Licensed in accord-ar.cQ with an Act providing for the regis- tration of Contrz.ctors, License No. ~_ ~/,tiy ~~ ~^ontractor' s State i~icFnse r_'lassifi cation (°_ ~p ~~ Signature of bidder:~,~~,~-, ,,~~ ~~~` {if an 3.ndiviuual, so state. if a firm or copa'~~nerahi.p, state the firm name and give the names of all individuals, copartners com-- posi:lg the firm. I:~ a corporation, also names of 2rzWident, Secretary, ~'rea.~urer and .ianager tr:ereof, and affix the Corporate Seal thereto.) ~.~ Sri ~' ~ ~~.~ ~~-~ - ~ ~J 1 ~ f Dated : ~~~ ....._..~.~.__._M_.r..,,_.~ 19~'- (Business Ad zess) _ ,~. l ` ~,,~ ~ r AFFIDAVIT TO ACCOI~SPA*7Y ~'RO°OSAL USE THIS FORT^. V3HE~i BIDDER IS A?~I INDIVIDUAL STATE OF CALIFOR!`73A ) SS. COUNTY OF SAN DIEGO ) -(NAME) affiart, beinc~~ first duly sworn, deposes and says: that he is the bidder who makes the acco:npanyir_g proposal; that such proposal is genuine, anc not sham or collusive, nor made in the interest or in be~lalf of any persor_ not therein named, end that the bidder has not directly or indirectly induced or solicited any other bidder to put in ~ s'ram bid, or any other pzrson, firm or corpo- ration to refrain from bidding, ar~d that the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Subscribed and sworn to before me This day of 19 (Signature) Notary Public in and for the County of State of r -,!~ "~ AI'r IDAVIT - CON?'INi~.~D USE TiiIS I'OR~~± WriE,V BIDDiR IS A CO-PP.RT~3EFcSHIP STATE Or CALIFORNI.=~ ) SS . COUNTY OF SAN DIEGO ) Affiant (s), being first duly sworn, each for himselr deposes and says; That (Names of all Partners) are partners, doing business under the firm name and style of (Name of Firm) and that said co-partnership makes rile accompanying proposal; that such proposal is genuine, and not sham or collusive, nor Made in tree interest or in behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain fr_G:n bidding, and that the bidder has not i n any raa:.ner sought by collusion to secure for himself an advantage over any other bidder. Subscribed-and sworn to before me This day of 19 notary Public in and for the County of State of Y ~ AFFIDAVIT - CONTINJED USE THIS FGRM WHEtd BIDDER IS A CORPO:'~TI.Oii STATE OF' CALIFORNIA ) SS. COUN'T'Y OF SAN DIEGO } ~~ ~ Gy~o~ rl ~=~~ ~~ 1.t/C' ~h,~ ~~,-~- g ~= ~~~ a f f is n t , the Presid`nt, Secretary o Mgr. Ofcr. Name of Corporation the corporation who makes the accompanying proposal, having first been duly sworn, deposes and says; that such proposal is genuine, and not sham or collusive, nor made in tre interest or in behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidd~ar to put ir. a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other biduer. Subscribed and sworn to before me This ; F -;,,_.r-.,. day of y ,~ -._r 19 .._ _ . ~: ,~ ~. L - ~ ,.. _ ,.~.~ Notary Public in and for the County of i. ~- ~r'_~ :, ~ ~`:; ..~ -~_, State o f .~. _.. ~ --~--: ail ~~_~ ~ P~,)~, i ;~~ F~k ~iifltrn~si~~•~ ~ ~~5ire,~, : ~ ~ ; ~ ' ~~~ s. F~_ . , ~.. ~~ `, ~, N .;•, r fire ~ ;f,liA ~l / . `~ a~- (Signature)., President, Secrztary~or Managing Officer /'` ~ ' • BDL`t;RS BOND TO ACCO~y.?AN~ PROFO~:~L KS3O?~7 ALL MEN FSY Tri~~SE PRESE~JTS, That I/t^7e as Principal, and ~~ as Surety, are held and firmly bound unto the City of Chula Vista in tre sum of ($ to be paid to tl~ie said City or its attorney, its successors and assigns; for which payment, well and tru ly to be made, we bind ourselves, our heirs, executors and administrators, s~.iccessors or assigns, jointly and severally, firmly by these presents. `I'iE CONDITION Oi THIS OBLIGATION IS SUCH: the revision to traffic signs? system at '"th ^+ver~ue and 'H" Street dated is accepted by the City of Chula Vista, and if the above bounden his heirs, executors, admini- strators, successors and assigns, shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described, on or before the date specified in the "Notice of Award", which date cli;ding Sunday) , from bounden that said contract is shall beco.«a null and farce and virtue. s'nall be not less than ten (10) days (not in- the date of the mailing of a notice to tY-ie above __~ by and from the City of Chula Vista ready for execution, then this obliga~ion void, otherwise it shall be and remain ire full. IN j~ITNESS ~7fiF,REOF, I/~v'e hereunder set our hands and seals this day of 19 APPROVED AS TO 'O. ' : ~.ity tit ney ,~_~X ~ ~~ 1~~~ NOTARIAL ACKNOWLEDGMENT srarE oF_ G a l i_f orn i s __ couNry of San Dieg° - __~ ss. On this_ ?~ day of Ju~'v 19~.8efore me, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Cl Gilbert Bullock ___ -, to me known, who being try me first duly sworn according to law, did depose and say that he resides in $&n D18~0 _; that he is an attorney in fact of _ American Bonding Comnan~ (name or surety company) ---------- ------~ the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Doard of Directors of said corporation and that he signed his name thereto by hke order; that he executed end delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. .nxr nrP~/.,yp~~ ~i ~ iiiiri~~nl~r~~~~ii~i~~iirri .i i n~ C . OFFICIAL SEALI~~~"„~~~~~•~~~~ _ ~ ~_ ~ PALMA T. EMLEY MP ~, EMs~p . Zt., ~q9D , j m m --~ ""~ NOTARY i~v E3LIC-C=ALIr~iJ F2N lq _ nP~ EXp~Ces ~ ~... __ '~~tNCIPA N IN ` ply r ,~~ EGO C Ty mfY\ P _1~q~, O U \SS\ (/_i/~ / ` " m 90 ~813SAN pl CE (/// „~~,,,,,~,~~~~,~,~~~~,,,~~,,,,, ~ ~~~ ~ . ~,,. ~ ,.w N.v Co ALMA T. MLEY ~ ~ i ., 8~5 BOND FOR Ft~°tTFiFUL PF.RFCRt'~1z1NC:u IiNf~Tr`r' :ALL PAN BY T):iFSE PRESENTS, That I/jr~e ,^ TL,COX EL~°~CTRIC, INC . dba _~SRRC?L~ FTFCTRT , the Contractor in the contract hereto annexed, as Principal and AM?;RTCAN R[~~TnI~TC COMPANY' _ as Surety, are held and firmly bound unto the CIZ`Y Or CHULA VISTr'~, a T~:unicipal Corporation, located in San Diego County, California, in the sum of ~. TFi i?SAND SI); HUNDRED SIXT~'FN DOLL:AR: ~$ 16~~.00.::,~"::) lawful money of the United States, for which pajrnient, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated The condition or the above obligation is that if said Principal, as Contractor in the contract hereto annexed, shall faithfully perform each and all of the conditions of said contract to be performed by him, and shall furnish all tools, equipment, apparatus, facilities, transportation, labor and material, other than material, if any, agreed to be furnished by the City necessary to perform and complete in a good and workmanlike manner, the work of: the revision to traffic signal system at 5th Avenue and "H" Street in strict conformity with the terms and conditions set forth in thn contract hereto anne.~ed, and shall pay or cause to be paid, all persons who perform labor for, or furnish materials to said Contractor, or to any subcontractor in the execution of the said contract, then this obligation shall be null and void, otherwise to remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees that no ch~.nge, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of ary sucr: change, extension of brae, alteration or addition to the terms of the contract or to the work or to the specifications. WII,COX ELECTRIC, INC. dba A~?RCW ELECTRIC AFRICAN BONDING COMPANY ~~~~ir~~__-?~z~~~~ - _ _ --_-_.... ~ _ ~ ~;. Contractor 4________ S rety C. QILBERT !?~?l.LL~CK, A±tprngy-in-F~cf APPROz~D AS TO FORM: ~ City Attorney i~JND FOP. ~°lATERT_AL AL?D LAIlOR WILCO,' EL~'CTRIC, INC . dba K1~TG6~7 ALL 2~iF;i1 Ili' 'T'HESE PRESENTS, That I/~~lo ARROW ELECTRIC , the Contractor in the contract h~=.reto annexed, as Principal, and ~MR•R~. BONDTNCr C,OM~AI~as Surety, are held and firmly bound unto the CTTy Oi' CBULA VIS`T'A, a P~iunici pal Corporation, located in San Diego County, California, . in the sum of EIGHT HUNDRED ETGHT DOLLARS-°~ ~--~-~ ~-~'~-~ "." ~~ $ 808.00: %: ~ ~ ~ ~-~: ~) lawful money of the United States, for which pay:;ient, well and truly to bn made, we bind cursalves, jointly and severally, fir~rily by these presents. Signed, sea led and dated The condition of the above obligation is that if said Principal as Contractor in the contract hereto annexed, or his or its subcontractor, fails to pay far any material, provisions, provender, or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be dons by said Contractor, namely, to Burnish all tools, equipment, apparatus, facilities, transportation, labor, and material, other than materials, if any, agreed to be furnished b_v the City, necessary to perform and complete, and to perform and complete in a good and workmanlike manner, the work of: the revision of traffic stgna) system at 5th Avenue and "H"' Streat in strict conformance with the terms and conditions set forth in the contract hereto arn~~;ed, or for any work or labor done thereon of any kind, said Surety will pay the same in an amount not exceeding the sum hereinabove set forth, and also in case suit is brought upon this bond, a reasonable attorney's foe to be fined by the courts. This bond shall inure to the benefit cf any and all persons, companies, and corporations entitled to file claims under and by virtue of the pro- visions of an act of the Legislature of the State of California entitled "An Act to Secure the Payment of the Claims of Persons Employed by Contractors upon Public Works, and the Claims of Persons who Furnish Materials, Supplies, Teams, Implements, or ~~'ucni.nery used or consume; by such Contractors in the Performar_ce of such tr7orks, and Prescribing the Duties of Certain Public Officers with Respect Thereto," approved ~.?y 1~, 1919, amended; and try said Surety, for va?ue received, hereby stipulates and agrees that no change, extension of time, a1teY- ation, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the sam` shall in any way affoct its oblig4tions on t,lis bond, and it toes here'.~y waive notice of any such changes, extension of time, alteration or. addition to the terms of the contract or to the work or to tl-~e speci- fications. WI~~~X LECTRIC, INC. ARROW ELECTRIC ~._ANiF~-RAC BOAL~iING COMPAI~ G Contractor ~ // ~ ~ `~x~~l?-'u-~~~`"~~ ._._ u et C. ~ , ;~, ~ E,'~`.~C~t, ~~.!torney-in-fart APPROV~~:D~ AS TO FORP•i : ~ ~~~~~'~ _.~. -~ „~, ,.~.~ City A t t or ncy ~ . NOTARIAL ACkNO°1~LEDGRtENT STATE OF Cal if07'riia COU"tTY OF_ Sari Diego ---~ ss. On this_____~~_,day of__~.ul~__ 19~ before me, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came ~._ Gi lhPrt BU1 l ork __-____, to me known, who being t;y me first duly sworn according to taw, did depose and say that he resides in_S_an D i P~o ;that he is an attorney in fact of 8m~ri ~€~n Bondin ComTJan~ __ _ _ __ _ the corporation described in and (Name of Sure y Company) which executed the foregoing instrument; that he knows 4he seal cf said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order o! the Board of Directors of said corporation and that he signed his name thereto by like order; that h? execute^, zr.o delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. _ ~„~~„s•^~~„j1P~~,~„~„~~„~„~,.,,,,,„OFFICIAL..„SEA,L „.,.,...... „. .~ °W ~ PALMA T. EMLEY 1 ~ ~MSep~, 2~ ° '~~ ---- ~ ._ •* NOTARY PUBLIC - CALF-O M ----- ` PR'NCI}~AL OFFICE IN _ Pr ~xp PALM/-~ ~ G~~t~, ~„ ~r SAN b~l EC30 ~~.,~ ~ ~, „,~~~~~~~~~~~~~~~~,~~~~„~,~~~~ ~ COUNTY = ~\55~~~ -~-~--• „~ ..............~,,,,,..,.~~,~ ~.~ ,~.~..~~ = m ,~~ ~~~ ~~~ ,,,,,,N~y Co .. (:'his a=fidavit shall be executed by the successful bidder in accordance with instructions in the proposal Requirements of this contract, but bidder may execute the affidavit on this page at the time of submitting his bid). NON-COLLUSION AFFIDAVIT ~• To the City of Chula Vista, Department of Public Works, Division of Engineering; The undersigned, in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any sub- contractor or materialman through any bid depository, the by-laws, rules and regulations of which prohibit or prevent the Contractor from considering any bid from any sub- contractor or materialman, which is not processed through said bid depository, or which prevent any sub-contractor or materialman from bidding to any contractor who does not use the facilities or accept bids from or through such bid depository in connection with this contract. Q ~~,~,,~ / ~, ~ Business Address Signature of bidder 2`? i %~~ ,C.s~.dl~~~~~! err ~~ Place of Residence /J Subscribed and sworn to before me this 2~ day of ~ ~ ~ Q , 19~. Notary Public in and for the County of ~ ~ r~~t~ State of California. `""~ VIOLA '~. ('OWERS NQ'.t~.';Y PJFLIC-CALEeORN{A "~~' ~ E IN `r 5..• ~. ii .:v0 COUNTY ~. L ~ Notary Public r V~?(_A '~. F'041~'~Ra .~y Co;n;m;rssipn Expir~g ~~~#. Q, 3~6~ • ~~ ~ 1 ~ ,, .-. CONTP.ACT This Contract, made and entered into this "3 i 5 ~' day of ,J <-~ ~'y- , 19~~, by and between the City of Chula Vista, a charter city, State of California, hereinafter called the "Owner" and hereinafter called the "Contractor''; WITtiESSET;:i : That-the Owner and the Contractor for. the consideration, hereinafter named, agree as follows: 1. The complete Contrac~ includes all of the Contract Documents as if set forth in full herein, to wit: The Advertisement for Bids; the Proposal; the Accepted Bid; the Affidavit to Accompany Proposal; the Faithful Performance Bend; the Labor and Platerial Bond; the Plans and Specifications; Standard Specifications of the City of Chula Vista; this Contract and all addenda setting forth any modifications or interpretations of any of said Documents. 2. The Contractor will furnish all materials except as otherwise provided in the Specifications or on the Plans and will perform all the work for: Revision to traffic signal system at 5th Avenue and "H" Street All of the above work is on City property, and under the directions of the Engineer or other off.;.cial designated by the Owzier to supervise said work, all as provided in and subject to the Contract Documents. 3.' The Owner will pay the Contractor in current funds for the p~r- forrnance of the Contract on the basis of the accepted unit prices and the actual measured quantita_es of work done at such times as are stated in the Specif.icat? ons, a:~d will other~•~ise fulfill its obligations thereunder. 4. All Lima limits stated in the Contract Documents are of the essence of this Contract. ~ ~ ~',~ `~ 1~7 VV rTili~J 4`~3i'.,ri.~~~`~ i tl'~ parties neret0 ti1~ ;~c' W'X~'CutE_CU ?.~.7:L5 ~.:ii~" 3C t- t t'r~e daj~ a;~c; year fist abave written. ~'UR '1'E~~; CIT`Y': i ~ '~„~- ~ t% - 1l ~ - %~ !J-~t~y.,~~~ ~.i ~~ ~ ~` ~ ~~ ~, , r~ `~~ r ~ ~~ ~ /r _.CI'_Y C_.:~R` FOR THE CONTRACTOR: BY ~ ~/ G1 BY herez~y cer~-; f~, that y have exari ne~7 ±::ri s C~~~:tracL ~;.nu find it to be i :z aCc~_:~~~:~~,e .; ~.~'~ the ~ravisi ons of tre `~ _at~ ~;f Ca ~_~.fornia -Y _ _ ~. _ C ~ ATTC~.~1E s _, ,~ ~ ~ ~ _-- ~~ ~ H-' ~ ; .x l TABLE OF CONTENTS section Title Page 1 Proposal Requirements and Conditions 1 2 Legal. Relations 4 3 Prosecution and Progress 6 4 Quantities, Measurement and Payment 10 ~~~~~ SECTION 1 PROPOSAL REQUIREMENTS AND CONDITIONS 1-Ol. E~MINATION OF PLANS SPECIFICATIONS SPECIAL PROVISIONS AND SITE OF ~nTORK: ' The bidder is required to examine carefully tre site of and the proposal, plans, specifications, and contract forms for the work contemplated, and it will be assumed that the bidder has investi- gated and is satisfied as t'o the conditions to be encountered, as to the character, quality, and quantities of wcrk to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and t're contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 1-02. PROPOSAL FORM: All proposals must be made upon forms furnished by the Department of Public ~4orks. 1-03. REJECTION OF PROPOSALS CONTAINING ALTERPTIONS, ERASURES OR IRREGULARITIES: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, in- complete bids, erasures, or irregularities of any kind. The right is reserved to reject any and all proposals. 4. BIDDER' S GUARANTY: All bids sha resented under sealed cover and s 3~ accompa- nied by cash, cashier ck, or bidder's ~ made payable to the City of Chula Vista, for a equal to at least ten percent (10/) of the amount o id, and n shall be considered unless such cashier's check, certified c~~ r bidder's bond osed therewith. 1-05. PUBLIC OPENING OF PROPOSALS: Proposals will be opened and read public ly at the time and place in- dicated in the Notice to Contractors. Bidders or their authorized representatives are invited to be present. %1 ~, %r~,`~.7 ~ -1- 1-Ob . A~~1P.RD CF CONTRACT The award of the contract, i~ it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within thirty (30) days after the opening of the bids. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done. 1-G7. EXECUTION OF CONTRACT: The contract shall be signed by the successful bidder, and returned, together with the contract 'ponds, within ten (10) days after the bidder has received notice that the contract has been awarded. No proposal shall be .considered binding upon the City until the exe- cution of the contract. It shall be the responsibility of the Successful Bidder to make an appointment within the above time limit to sign the contract in the City Engineer's office and to discuss the construction operations with the Engineer, or his representative. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days after the bidder has received notice that the contract has been awarded, shall be just cause for the~annulmer.t of the award RETURN OF BIDDER' S GUAF~ANTIES : Within ten { s after the award of t'ne contract, the Cit Chula Vista will ret he cash or checks accom e proposals which are not to be consider mak' ward. All other pro- posal guaranties will be contract has been finally executed, aft he cash or chec',cs wi returned. Bid b be returned upon request. 1-09. CONTPACT BONDS: The Contractor sizall furnish two (2) good and sufficient bonds. Ore of the said bonds shall guarantee the faithful performance of the said contract in the amount of 100% of the total bid price, and the other of said bonds shall be furnished in the amount of 50/ of the total bid price. "An act to secure payment of the claims of persons employed by Con- tractors upon public works, and the claims of persons ~,;ho furnish materials, supplies, teams, implements, or machinery used or con- sumed by such Contractors in the performance of suc'n works, and prescribing the duties of certain public officers with respect thereto," approved r~Iay 10, 1919, as amended. I-09. CONTINUEb: The form of the bond required is attached with the proposal. Whenever any surety or sureties on any such bonds, or on any bonds required by lacy for the protecticn of the claims os.laborers and materialmen, become insufficient, or the City Engir_eer has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered•.necessary, not considering the extent of the wor:c remaining to be done. Thereafter, no payment shall be made upon such contract to the Contractor, or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 1-10. NON-COLLUSION PROVISIOD7: The Contractor to whom this contract is to be awarded shall file a sworn Non-Collusion affidavit executed by, or on behalf of, the person, firm, association or corporation to whom the contract is awarded. This affidavit shall be executed and sworn to by the successful bidder before such persons as are authorized by the laws of the State of California to administer oaths, on the form included in these contract documents. The original of such sworn statement shall be filed with the City Clerk prior to tine award of the contract. 1 ~a e~- - ~= ~ 7 -3- ~Ff'r!''T(l~T 7 LEGAL RELATIONS 2-Ol. ALIEN LABOR: The Contractor shall forfeit as penalty to the City of Chula Vista, ten dollars ($10.00) for each alien knowingly employed in the execution of the contract, by him or by any sub-contractor under him, or any of the work herein mentioned, for each calendar day or portions thereof during cahich such alien is permitted or required to labor in violation of the Provisions of the Labor Code and in particular Sections 1850 to 1854 thereof inclusive. 2-02. HOURS Or LABOR: The Contractor shall forfeit as penalty to the City of C'nula Vista, ten dollars ($10.00) for each laborer, workman, or mechanic, employed in the execution of the contract by him or by any sub-contractor under him, upon any of the work herementioned for each calendar day during whic'n said laborer, woreman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the Provisions of the Labor Code and in particular, Sections 1810 to 1816 thereof inclusive. 2-03. LABOR DISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every Contractor for public works violating this Section is subject to all penalties imposed for a violation of Chapter I, of Part VII, in accordance with the Provisions of Sections 1735 of the Labor Code. 2-04. ?REVAILING ti'dAGE The Contractor shall forfeit as penalty to the City of Chula Vista, ten dollars ($10.00) for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, that such la'porer, workman, or .mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract by him, or by any sub-contractor under him, in violation of the Provisions of the La'oor Code and in particular Section 1770 to 1781 thereof inclusive. _, Council of t'ne City of Chula Vista general preval _ wac~ ~y ica le Said ~~~ages are spec' ~, n the her u art of t'nese specifications, -4- has to the work to be done. ontractors," which is 2-05. DOMESTIC MATERIALS: Only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manu- factured. articles, materials and supplies as have been manufactured in the United States, substantially all from articles; materials and supplies mined, produced or so manufactured, as the case may be, in the United States, shall be used ir. the performance of the contract in accordance with the Provisions of Sections 4300 to 4305 of the Government Code. The City of Chula Vista does prefer supplies grown, manufactured or produced in the State of California and shall next prefer supplies partially manufactured, grown or produced in the State of California. Any person, firm or corporation who fails to comply with the Pro- visions of the Act shall not be awarded any contract to which the Act applies for a period of three years from date of violation. 2-06. INSURANCE REQUIREMENTS: Contractor shall, at his own expense, carry and maintain during the course of the work of construction, Workmen's~Compensation Insurance and Comprehensive Liability Insurance, naming the City of Chula Vista as an additional insured, in the amount of at least one hundred thousand dollars ($100,000.00) for any occurrence resulting in the bodily injury or death of any one person; three hundred thousand dollars ($300,000.00) for any occurrence resulting in bodily injury to, or death of, more than one person; Automobile Property Damage Liability in the amount of at least ten thousand dollars ($10,000.00); and Property Damage Liability, other than Automobile, in the amount of fifty thousand dollars ($50,000.00). The Contractor shall, within five (5) days after the awarding of the contract, and before commencing the work of construction, deposit with the Finance Officer of the City, a certificate certifying that such insurance is, and will be, in full force and effect from the time the work is commenced until completed. 2-07. TAXES: All applicable State or Federal taxes shall be considered as included in the amount paid for the various items of work. The Contractor shall be responsible for payment of such taxes to the proper govern- mental authority. ,~ -5- .Sr,C`I'ION .'., i'.T~05ECUI'IOLd ANI'i Pi?OGRESS 3-Ol. SUE3LPT1'I'vTG AND ASS:iG~~NLNT: The Contractor shall give 'nis personal attention to the fulfillment of the contract and shall keep the work under his control. Sub-contractors will not be r_Lcognized as such, and all persons engaged in the worm of con~:truction will be considered as employees of the Contractor and thou work shall be subject to the provisions of -the contract and specifications. SVhere a portion of the work sublet by the Contractor is no-t being prosecuted in a manner satisfactory to the City Engineer, the sub- contractor shall be removed iMmediate]_y on the order of the City Engineer and shall not again be employed on the work, The contract ~-:~a1~ be acsicJned only upon written cor_sent of the City Engineer. ' 3-O~. PROvRESS OF TT_-IE ~"CORK ACT=: 7.'I~~iE FOR CO SPLETION: The Contractor shall aegin work on or before the date specified in the "Notice of Execution of Contract", which date shall be not less than ten (i0) days following execution of t'ne contract by tre City. The Contractor shall provide to the City Engineer, written notice of the specific c'ate upon ~.vhich he plans to co~rence wor'~. Dlotice shall be giver. at least twenty-foul {2~1) hours in advance. The Contractor shall prosecute the work to co:~~pletior_ before the expirC.tion of THt RTY (30) consecutive calendar days from t'ne date specified in the "Notice of Execution of Contract" by the City. 3-~3 . CrI~?.RACT~T:.R OF '''OR_ti~EN If any sub-contractor or person e,::ployed by the Contractor fails or refus^s to carry out the directions of the F,ngineer, or shall appear to the Engineer to be inc~rapetent ~r to act in a disorderly or im- proper man.~er, 're shall be discharged im_nediately on the order of the Engineer, and such person shall not again t;e emplo~Ted on the work, 3-04. TEMPQRARY SL'SPENSIOiJ OF WOF.K: The Engineer shall have the authority to suspend the work wholl~•, or in part, for such period as he may deem necessary, due to un- suitable weather, or to such other conditions as are consi:~ered un= favorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such orders of the Engineer and shall not resume the work until ordered in writing by the Engineer. . 3-05. TIPS OF COMPLE`T'ION AND LIQUIDATED DAMAGES : It is agreed by the parties to the contract that, in case al.l the work called for under the contract is not completed before or upor_ the expiration of the time limit, as set forth in these specifi- cations, damage will be sustained by the City of Chula Vista, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delays; and it is therefore agreed that the Contractor will pay to the City of Chula Vista the sum of fifty dollars ($50.00) per day for each and every days delay beyond the time .prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City of Chula Vista may deduct the amount thereof from any money due, or that may become due, the Contractor under the contract. It is further agreed that, in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completior. or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the-final payment for the work all or any part, as it may deem prGper, of the actual cost of engineering, inspection, superintendencA, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and prepa- rati~on of final estimate shall not be included in such cha.rges~ The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by Acts o~f Cod or of the Public Enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of sub- contractors due to such causes; provided that the Contractor shall, 3 - tJ S . ~ G'd'.~.' i iii L ~''. ~+ : within t?n (IO) days from the beginning of any st;cr? r;~l~~~r, ;iot_iy t'_ne Engineer, in :grit i ng, of the causes of delay, t;~iio shall ascerta~i _~ the facts and the extent of the delay, and his findi:,gs of tn° facts thereon shall be final and conclusivsa. 3-G6. SUjPENSIO~T OF CONTRP:CT: If, at any time, in the opinion of the City Council, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work wit'n t'ne diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satis- factory compliance with the contract, as dirQcted by t~.e Er_gireer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. .Upon receiving r_otice of suc:~ suspension, the Contractor s'_~all dis- continue said work, or such parts of it, as the City Council may designate. Upon such suspension, t'ne Contractor's control s'zall terminate, and thereupon the City Council, or its duly authorized representative may take possession of all, or any part of the Con- tractor's materials, tools, equipment, and appliances ur.on the prez~ises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additior_al ~~:aterials and s~upplie~ at the Contractor's expense, as m_ay be necessary for the proper conduct of the work and for the ccrnpletion thereof; or may employ otne_^ parties to carry t'ne contract to completion, employ the necessary workmen, substitute ot'ner machinery or materials, and parchase the :materials contracted for, in such manner as the C~ty Council may deem proper or tre City Council may annul and cancel the contract and re-lot the wo~'~, or any part thereof. any excess of cost arising therefrom otiar and above the contract price will be charged against t'ne Contractor and his sureties,. wti,o will be liable therefore, in the event of such suspension, a l1 money due the Contractor or retaiY:ed under the terms of this contract shall be forfeited to the City; b~~t suc'n forfeitu_a will not release the Contractor or his sureties from lia'oility or fai hKre to fulfill the contract. The Contractor and his sureties ~~iill be credited with the amount of money so forfeited toward any excess of cost over and abova the contract price, arising from tho saspe:~sion of the operations of t:~e contract and the co;.:pletio:: of the wcr'~ by the City, as above provided, and the Contractor wi ? 1 ',~e so credi te~~ ~ait'_~~ any surplus remaining after all just clai:~s for such cc~:.pletion hav` bier. paid. in the determination of thu question whether there has 'aeen any sue=~ non-compliance =r:ith tine contract as to warrant the suspension or ,~ annulment th`reof, the decision of the City Council shall be binding on all parties to th~~ contract. Z-(1 "7 DT/`T.1T (1T T4T. TT_ ~ - The right of way for the work to be done wi11 be provided by thv City. The Contractor s'nall make his oU;n arrangements, and pa~• all expenses for additional area required by him outside t'ne limits oz right of way. - _~_ ~' ~~~- SECTION 4 QUANTITIES, N,.EAS':~'~tEr1ENT Ai1D P=~Z'L•:E;N1 4-01. QUANTITIES: The astimate of the quantities of ~~~ork to be done and materials to be furnished are appro<~imate only, being given as a basis for the comparison of bids, and the City of C'r~ula vista does not expressly o.r by implication agree that t're actual amount of work s,~ill correspond there~~~ith, but rPServes the right to increase or decrease the amount of any class or portion of the work or to omit portions of the- .cork that may be deemed necessary or expedier_t by tie Engineer, N1EAS ;T~',E~•lEiv i O±~ ~ JAiTTITIyS : Ltiieasurerrent o~ ntities shall conform to the provisions in ~'~ on `~-1.01 of the State _ and Specifications except tha _ rna~Ferial paid for on a by weight bas ~'-iall be we.ig'r_ed public scale. The Contractor shall, at his o~~~ ~ ,pease, ni sl-: Public tideicl-i-- master's certificates o `rtified daily summary h sheets, a.:d a duplicate weir' _ip or a load slip shall be furnish each vehicle •- '~.ed and -the slip shall be delivered to the Engine~_ point of u==livery of the material. 4 - 0 3 . PAYP~IE ~~ T Payment shall be made at the lump sum or unit prices bid, said pay- inept being .full ccmper,sation for furnis tools, ar~d equip inert and doi r_g all work lated in the speciz=ications'and special item of wor'{. hincr all labor, materials, sho:•an on the plans or stipu- provisions for that particv.lar Quantities o,f z;:aterials wasted or disposed of in a manner not called for_ under the contract or placed outside the pay lines indicated on t'r~e plans or approved by the Engineer, or remaining on hard afte~~~ completion of the ~,oor'.c, .sill not be pair' for. 4-0 r. EXTFa A~iD ~'O~CE FiCCCiTvT ~IORi:: Extra cork as ::^erein?^efore defined, when ord2:'_2d and accepted, shall be paid for under a ti~~ritter_ c•~or.> ord.r ir_ acccrdance wi th the terms therein provided . Payment for extra ~f~ork :vi l1 be made at the unit price or lump su-n previously agreed upon by the Contractor and the Engineer, or by force account. If. t're work i s crone on force account, the Contractor shall .receive the actual. cost of all materials furnished by iiim as s'no~,~n by his _70_ ~,~ .~ ~- ~~~- --° X _~~ 1 4-04. CONTIi3UED: paid vouchers, plus 15 percent. For all labor, equipment and teams that are necessary, h.e shall receive the current prices in the lo- cality, which shall. have been previously determined and agreed to in writing by the Engineer and by the Contractor, plus 15 percent; provided, however, that the City reserves the right to furnish such materials required as it deer~~s necessary, and the Contractor shall have no claim for profit on the cost of such materials. The price paid for labor shall include any compensation insurance paid by the Contractor. All extra work and force account work shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily report shall thereafter be considered the true record of extra work or force account work done. 4-05. C~-iANGE I~7 P7ORK: The Contractor shall proceed with c'nange in construction from that included in the contract upon receipt of a charge order for same. Said change order shall be prepared in t'ne office of t'ne City Engineer and shall be signed by the City Engineer and t'ne Contractor to indicate agreement. 4-06 . PROGRESS PAYMEN'T'S : The City shall, once in each month, cause estimates in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered 'py the Contractor on ground and not used, to the.time of such estimate, and the value thereof. The City shall retain 10 percent of suer. estimated value of the wor7> done and 50 percent of t'ne value of the materials so estimated to have been furnis'_ned and delivered and unused as afore- said as part security for the fulfillment of the contract by t'.~e Contractor and shall monthly pay to the Contractor, ~.~hile carrying on the work, the balance not retained, as aforesaid, after ceductirg therefrom all previous payments ar~d all sums to be kept or retained under the provisions of the contract. No such estimate or pa~:nent shall be required. to be made, when in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract, or when in his judgment the total value of the work done sir_ce the last estimate amounts to less than $300.00. The Engineer shall; after the completion of the contract make a final estimate of the amount of work done thereunder, and the value -11- ,~ ~~ ~ „ ~ e. nn (~ t ~ 7 t ~ ~ ~ of s~~ch work, and the City shall pay t'ne entire sum so found to be due after deducting. therefrc:::_ all previous pa~~ments ar.d ail amounts to be kept and all amounts Lo be retained under the .provisions of the contract. All prior partial estimates and payments shall be subject to correction ir. the final estimate and payment. The final payment shall not be due and payable until the expiration of 35 days from date of acceptance of the work. by the City Council. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the City, and no payment shall be construed to be in acceptance of ant defective ~~~ork or improper materials. Ar_d the Contractor further agrees t'nat amount due under the contract, and the any work done in accordance with any a release the City, the City Council and claims or liability on account of work or any alteration thereof. the pay*~ent of the f ina 1 adjustment and payment for Iterations of the same, shall the Engineer from ary and all performed under the contract ~~ ~_~, ~, i f -~~-