HomeMy WebLinkAboutReso 1968-4842Form Nom 3T~
RESOLUTION NO W 4842 RP~T _ R- h
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR FOR THE FOURTH
AVENUE BRIDGE SOUTH OF "L" STREET, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID CONTRACT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following six bids were received and opened
at 11:00 a.m. on the 17th day of July , 1968 , in the
Office of the Director of Public Works
of the City of Chula Vista for the construction of the Fourth Avenue
Bridge, south of "L" Street
Dresselhaus Contr.
Witon Constr. Co., Inc.
M. Arrieta
T. B. Penick
Paul Hansen
Art Gussa
& Sons, Inc.
and
$39,991.50
29,498.00
39,350.00
37,975.00
37,670.00
33,740.00
WHEREAS, it has been recommended that said contract be awarded
to the lowest responsible bidder, Witon Constr. Co., Inc.
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 six bids, and does
hereby award the contract for said Fourth Avenue Bridge
to Witon Constr. Co., Inc.
to be completed in accordance with the specifications as approved by the
Director of Public Works of the City of Chula Vista-
BE IT FURTHER RESOLVED that the Ma~nr
of the City of Chula Vista be, and he is hereby authorized and directed
to execute said contract for and on behalf of the City of Chula Vista
Presente by
._--.~
,~-r2~- -
Lane F. Cole, Director of u lic
Works
Approved as to form by
George D Lindberg, pity Att~y
ADG+'TrI` A?"D APPPGVED by the CITY CGUr'CIL of the CITE C!F C~'I L~\ "t! ~~l'a
CALIFOPT:IA, this 23rd day of July , 168 , !~•~ the roll-;~:in~ ,.~,~~~,,
to-eai t ;
A~'PS: Councilmen Scott, Sylvester, Hamilton, McCorquodale, McAllister
~i^'AY~.:~ : Councilmen None
A`S~';T: Counci lnen None
~ ~;
~.. Ci tv Clerl:
S'TATn G'? CALIFGRP?IA
CC~~i:.:i" ''F SAI' DIrGG ) ss a
CITE' GF CHULA VISTA )
~~
c
Mayor of the City of C'~u' _ '~7~ :>ta
L
I, "EPTt',El'"? D. CAniPBFLL, City Clerk o{ the City of Chula Vista, Cal,.; ~; r_~_:-~,
L?0 ?=rF.%BY CEuTIFY that the above and foregoing is a full, true and corn°c. coo- ni
and that the same has not bee- a-;end:~d
or r~n~aled,
i~A'T: P ;
City Cler=~ ~~~ __.__
~>
~,
~~
~~~ ~
r
i ~ I
CHAS TAX PROJECT NO. 103
SPECIFICATIONS FOR THE CONSTRUCTION OF
A BOX CULVERT ON FOURTH AVENUE
SOUTH OF "L" STREET IN THE
CITY OF CHULA VISTA, CALIFORNIA
.. ~J ~ ~~~
i
CITY OF CHULA VISTA
' STATE OF CALIFORNIA
I
• NOTICE TO CONTRACTORS
SEALED PROPOSALS will'be received at the office of the City
~ Engineer, ity of Chula Vista, until /~; OD A. M. on
7~7 ~~ at which time they will be publicly
opened and read for performing work as follows:
The installation of a triple 12' x 6' reinforced concrete box
culvert approximately 78~ long, with appurtenances on Fourth Avenue
South of "L" Street in the City of Chula. Vista, County
of San Diego. Said project is known as Gas Tax Project No. 103.
No bid will be received unless it is made on a Proposal Form
furnished by the City Engineer. Each bid must be accompanied by
cash, certified check, cashier's check, or bidder's bond, made
payable to the City of Chula Vista, for an amount equal to at least•
ten percent (10°Jo) of the amount bid, such Guaranty to be forfeited
should the bidder to whom the contract is awarded fail to enter
into the contract.
In accordance with the Provisions of Sections 1770 and 1781
of the Labor Code, the City Council has ascertained the general
prevailing rate of wages applicable to :the work to be done as follows:
CLASSIFICATION PER HOU~t PER DIEM
' LABORERS (Health and Welfare - 25 cents) 5-1-68
'~ Laborers, General or Construction ...... 4. 225 33.80
Operators and Tenders of Pneumatic &
~ Electric Tools, Vibrating Machines,
& similar mechanical tools not
' ! separately classified herein........... 4. 435 35.48
Asphalt Raker, Ironer, Spreader......... 4. 435 35.48
~ ~ Fine Grader on Highways, Streets &
' Airport paving (also on sewer and
drainage lines when employed......... 4. 325 34. 60
Flagman ............................... 4.225 34.04
' Concrete Curer, Impervious Membrane... 4. 415 35. 32
Concrete Saw Man ......................
,I
4. 435
35.48
~' Foreman shall be paid not less than 30 cents per hour more than
the hourly ,rate of.the highest classification o ver which he has
j supervision.
~~
~~
I ~
~
4
S
s
Cht~SSIFIC.~TIOD7
PER ]HOUR
PER DIEb~
`~ ~ CARPENTERS (Health and Welfare -:18 cents) 5-1.68
! _ (Pension - 35 cents). b
Carpenter......o ......................:
i 5. 4
~
~ 43.52
.
Foreman shall be paid 50 cents over the hourly rate o ~
f a !'
journeyman ,rate.
IRON WOP.KERS (Health and Welfare - 28 cents) 8-16-67_
i (Pension - 25 cents)
Reinforcing Iron Workers .............. 5.83 46.64 ~'
~ Foreman - 454 per hour over highest classification he supervises.. ~.
OPERATING ENGINEERS (Health and Welfare - 6-1-68
30 cents)
(Pension - 60 cents) ,
Air compressor, pump or generator..... ~ 4.68 37.44 ~
Engineer -Oiler & Signalman........., 4.68 37.44
Heavy Duty Repairman°s helper........0 4.68 37
44
Equipment Greaser ................... ~ 5:27 .
42,16
Pavement Breaker Operator .............
5.46 ,
43
68
. Power Sweeper Operator..............., 5.27 .
4L
16
4
! Roller Operator,,,,,,,,,,,,,,,,,,,,,,, 5.46 .
•43
68
Skiploader - Wheeltype, over 3/4 yds., .
up to and including 1-.1/2 yds....... 5.46 !
43. 68
a •~~ Tractor Operator.................
:...
5. 46
h8 ,
43
Grade-All Operator...,,,,,,,,,,,,,,,;,, 5
46 .
! Motor Patrol Operator .........
. . 43.68
..
.....
Tractor Operator, with boom attach- 5.46 43.68
•meats . ..................:...........
• 5.46 43.68
'
Foreman shall be paid 35 cents per hour over the hourly rate of
~. ~
the highest•Operating Engineer's classification under
his direction. '
j CEMENT MASONS (Health and Welfare - 24~) _ 5-1_68
~, (Pension - 15 cents) •
.Cement t4asons........
.... ... .......
~
5:20
, 41.60
Foreman shall•be paid 50 cents per hour
~ over the hourly rate '
of a journeyman rate.
TRUCK DRIVERS Health and Welfare - 20~) 5-1-68
'Pension - 25~)
Dump Truck Drivers -Level Capacity'
Less than 8 yards ................... 4.84 38.72
•8 yards,. but less than 12 yards..... 4.89 39.12
~; • 12 yards, but less than 16 yards..... 4. 97 39. 76
16 yards, but less than 25 yards....,
i 5.19 41.52
__. _...
,, __..
' }~ , '7 a
..__..T-.__.._._ ..._ . _..... .
1~4.
.y ____-_-,-__ ,~ ~ ~~
._ . _ - ~
,, __.__. ,.-T;..______ _
. ,,. _,~_,i~, :
,, . , _~ _
. ,
CI,ASSIFICATIOIJ PER HOUR PE DIEM .
~ TRUCK DRIVERS (Continued) • 5-168
Dump Trucks or Flat Bed Trucks.
~ 2 axles ........ ........ - ....~ 4.84 38.72
t 3 axles.... • ...................:•. ....
3 axles
semi 4. 89 ~ 39. 12
,
......... ............
4 axles, •or more ...... 4.~7 39.76
~ .
.............
' Low bed truck and trailer
..
.
f 5.9:9
' 41.52
..
......
Transit-Mix Truck Drivers 5.
9
•
41.52
r Under 8 yards ....................... -5, 9 41
52
' ! 8 yards or over ..................... 5. ~3 . ~ .
43
64
Water Truck Drivers ~ .
••
Under 2500 gallons.......
. '
..
........
i - 2500 to 4000 gallons ................ 4. g7 38.96 •
~
4000 gallons and over.
. 4,9!9 39.92 .
•
,
........ ..
•
Tireman
' 5. 1;1 40. 88
,
.......................
.
Road Oil Spreader..-.....
.'
•
5.37
42.46
..
.....
.....
Truck Greaser 4.99 39.92. •
............
A-Frame Trucks. or Swedish•Crane•Driver 5
4 4
68
• 0
6 3.
Foreman: 30 cents per hour addition over the highest classifi-
cation supervised.
No bid will be accepted from a contractor wh o has riot 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 provi sions and
~ specifications may be examined at the office of the City Engineer,
• Room 117, Civic Center, Chula Vista, Califor nia. Copies of plans
and specifications may be obtained at said o ffice upon pa yment of
•04 . If payment is to be made by che ck, it 'should be made
payable.to the "City of Chula .Vista'°. i
NO REFUND WILL B~ MADE.
The special attention of prospective bidders is called to Section
2, proposal, Requirements, and•Conditions for instructions regarding
.bidding. '
The City Council. reserves the right to reiect any or all bids and •
to waive any irregularity or informality in any bid~to the extent
permitted by law. i
j CITY OF CHULA„VISTA
~,/' / .
~;~.-e~ Y
~' ~~`'~~
ne F. Cole
DATED: ~ Director of Public Works
,. ~ ~ i ~T,
,,, ~, «: ,
• . l) ~~~~
.__ ,_ _
_ ~ T...____._ __
• _
• ,
PROPOSAL
I
To The Honorable Ivtayor and City Council
City of Chula Vista,; California
The undersigned declares that he has carefully examined the plans and
specifications "Fo-r the Construction of a Box Culvert on Fourth Avenue,
South of "L'' Street, and that he has examined the location of
the proposed work and read the accompanying instructions to bidders, and
hereby proposes to furnish all materials, and do all the work 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
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL
1 735 C. Y. Structure excavation
Qj~ ~~~~~- q~~~
s i,~'fj ~ ~n fs $ $ 7~
~, aI
(per cubic yard) (C. Y, )
2
250 C. Y, Structure backfill
~ d~
( er cubic yard) (C, y, )
3
4
65 C. Y, Roadway embankment
~~rr ~° ~ °-
per cubic yard) (C, y, )
255 C. Y. Class A concr~~e~~te
~j~y - 7 r U c' G'O`~rS
4~~ ~m «.~
(per cubic yard)
(C. Y,)
~, ,.
t
~i
.R
f.
~:
i
PROPOSAL (Continued)
'.
ROXIM..ATE ITEMS WITH UNIT PRICE
PRICE IN
~.
ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL
5 ~
42, 000 LB.' Bar reinforcing i ~~
~
.
~/~~~~~ ~~/~~s ~`
~ D ~;
~ 1i ~zC~
(per pound) (pound)
6 2 Each Curb ir~l.et -Type B-2
' ~~ f/7oefG~.~ ~ii'~j -f~~.
%~
I
I/ / ,.
Ua~/ms's q/i//
/7Gf ~~C$ ~
~J OC '
~ L.~",~~ ~
O
~ °' '~
~ /. j r/ ~/ ~~ ~
(per each) (each)
7 1 Each Curb inlet -Type H
1L/ ~ /
Q17C J ~/Cc;SGss~ ~/tc /G>1Q/«7
~
/ t r j
(13er each) (each)
8 LUMP SUM Bridge demolition and
clearing and grubbing
(per lump sum) (lump sum)
9 130 L. F. Type 5 barrier railing
~~i, f~~i ~/~rs ~,E~
~~ ~«~s
~ 3 '
~ ~ ---
~ /~~~
(per linear feet) (linear feet)
10
~ 15 L, F, Metal plate guard rail
,
~i,~f-ee,~i ~~~os ~s~
/,Q 1~~~ fs ~o
$ ~ '~
~ ~ fly
(per linear feet) (linear feet)
_^ °
GRAND T ~7
OTAL ..~ ~
~-
~
~~~~
~.._.._..~_.. _~..~
__~ ._,_ .
__._ _ _ ~~
, ; ,
4~ ~ v s
9
_~ _ _
~
Proposal (Continued)
~'he undersigzzed further agrees that in case of default in
executing the required contract, with necessary bonds, within the
ten (1C) days not including Sunday, after hav.~_ng received notice
that the contract is ready fox signature, the proceeds of the check
or bond accompanying his bid'shall become the property of the City
of Chula Vista,
Licensed wn accordance with an Act providing for the regis-
tration of Contractors, License No. __? • ;,' {r f Contractor' s
State License C1_assification f,'J
t
Signature of bidder;
(if an individual, sa state. If a firm or copartnership, state the
firm name a.~zd give th:; names of all individuals, copartners com-
posinc, the firm. If a corporation, also names of President,
Secretary, •ireasurer_ and rTaraget_ thereof, and affix the Corporate
Seal therea~o. }
.~.4 ~ ,
~% ~ - , ,
-i
Dated / '` ~ _
' (Business Address)
_.
,,~1~ -~
AFFID.~,VIT TO ACCOI~iPA*Jv F~OPOSAL
USE THIS FOiu^. trliE~I BIDDEP, IS AN INDIVIDUAL
STATE OF CALIFO~;IA ) SS.
COUNTY OF SA~7 DIEGO )
(NAME) affiar.t, bein~* first duly
sworn, deposes and says:
that he is the bidder who makes the accompanyir_g proposal, that such
proposal is genuine, anc not sham or collusive, nor made in the
interest or in benalr of any persor_ not therein named, and that thz
bidder has not directly or indirectly irduced or solicited any other
bidder to put in ~ s~:am bid, or. any other person, firm or corpo-
ration to refrain from bidding, ar~d that the bidder has not in anf
manner sought by collu=ion to secure for himself an ad;;antage 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
AFFIDAVIT - CO~T'I'IN~;YD
USE Tri1S r ORi=1 WiiEti t`3IDDr.R IS A CO-PAR'I17DRSHiP
STATE Or CALIFORNIA ) SS.
COWTY Off' S~,N DIEGO )
Affiant (s), being first duly
sworn, each for himselr deposes and says: That
(Names of all Rartners)
are partners, doing busir:ess under the firm na*re and style of
(Name of Firm)
and that said co-partnershic makes the accompanying proposal; that
such proposal is genuine, and not sham or collusive, nor Wade in tre
interest or in behalf of any person. not therein named, and that t'_ne
bidder has not directly or indirectly induced or solicited any other
bidder to put in a sham bid, er any other person, firm or corporation
to refrain from bidding, and that the bidder has not in any ma.ner
sought by collusion to secure for himself an advantage over any other
bidder.
Subscribed and sworn to before me
This day of
19
r7otary Public in and for the County of
State of
~rrxr,a~,~z~ -~ coNT~NULD
USA; THIS FORT~~I ti+T~iEN BJ:DDER IS A CORPORATION
STATE OF GA.L?FO~NIA ) SS.
cou~7Ty of s~~ Dl~co
y ,
~'~~ ~a ,~~~ ~~~~ ~~'%' . - afiant, the ~,, ~~ ..
President, Secretary
or Mgr. Ofcr.
of ~~~
1~
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 shah or collusive, nor made in the 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 from bidding,
and that the bidder has not in any manner sought by collusion to
secure for its~J.f an advantage over any other bidder.
Subscribed and sworn to before me
This 16th day of July 19
fir` (~,.,c~r-~~`~--
Not r Public in and for the County of
i~ State of C~7_i~ox7zia
J O~ I'1 ~ . s~0"t'e~ !AY SOPAAM Op 9b8XPIRES
_ John, tit^. S1e.ores
~~ ~' NClTARY Pt18i1C - CALIFORNIA
,,,'m FRINCIPA: OFFICE IN x
„~;;;~,,,;. SAN DIEGO COUNTY
F'"+"~'d ; ; ti
_ ~ ~= ~ ~-
(Signature) '~-- ~- =<-~~
President, Secretary or
Managing Officer
ty p p y
Fideli and De osit Com an
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Premium Included in Bia
Bou3 ~cr7ic~ U;:darialtinF
BAD BO:\'D DovD #740766-1 ~3
KNOW ALL MEN BY THESE PRESENTS:
That-----_----~~-I_ TON ._~ O IBS TR qtr I_l Q1~1__.C_Q.MkA~VY_,----IiVC-_-}---~---C_al_i_f_arn_i3--_co-r_{~ar at-i~r~------
(hereinafter called the Principal), as Principal, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
a corporation created and existing under the laws of the State of Maryland, with its principal office in the
City of Baltimore, Maryland (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Chula Vista
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(hereinafter called the Obligee), in the full and just sum of_-_______Te_n___F~e rC2n t___(_1.O%~___ Of___-t+~1~__________
amount of the attached bid---------------------- oars ___________ _
good and lawful money of the United States of America, to the payment of which sum of money well and
truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal herein is submitting a proposal for_____ ~ on S t rUC t i on O f a
----------------------------------------------------
---t r-!-p ~ e---- ~- ~- ~--- X--- 6- ~----R ,_ ~ _•_ Q A-__ c u t _v e- r-t---O n----E 4 41 r ~kh_--A~ ~_n_u ~-----~ Q u.th---Q-f--- ~ ~ L ~~----------------
_ S t re e- t -----p ro,~ ec t-- ~-~- ~ 3----------------------
NOW, THEREFORE, if the bid or proposal of said Principal shall be accepted, and the contract for such
work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract
for the completion of said work and furnish bonds as required by law, then this obligation shall be null and
void, otherwise to remain in full force and effect.
IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed,
sealed and dated this----------------------~--~ th_--------------------------day of--------------- Ju 1-~-----------------------------------------19~?~-----
WITNESS:
Ind I TOV COIV3THUCT_IUN__C0~1~/~NY,____I fJC.__________________(SEAL)
/~~ /~ ,
--
------ --=--------------~----- --~------.....----°------•--------------------(SEAL)
~~„~.a.~;,<
(IF INDIVIDUAL OR FIRM)
ATTEST
(IF CORPORATION)
(SEAL)
Principal
(SEAL)
FIDF,LITY AND DEPOSIT COM~ANY OF MARYLAND
tf ii.;'~`/~ ~~~i~
By- -------~-------------------1----------------------------------------------
P. o n a l d Me d e i r o s Attorney-in-Fact
CAL5082-2500, 4-67 176053 ' ~l ~ ~ ~
i
r
BIDDERS BOND TO ACCOy1PANY PROPOSAL
bound unto the City of Chula Vista in the sur~t of
K21O:V ALL M.N $Y THESE PRr,jEitiTTS , ^lhc t I/We
as Principal, ar_d
as Surety, are held and firmly
~. ?;Y.a~nc?y, lt~ .~-:'~CCi'S,?OX'._ '::nd ~iSSlgiS; ~C;r 'd'9:.'..CI7 1Gci~c~:t+., r.~.., " Lr.i1~.~•
{$
t!~ ~:~ ~ aa: tt3 t?'1C S.? 1C1 C~.ty rJi" 1tS
tO be made, ~:Jf.`' .:~.:. a:7 C71.i2""S21G'~r.'.ti,, 011r 'hie:.rs, ~Xt?.~:'UtOrS S';~z:; c~ _-.- ,_,~.:.c3tC~rS,
successors or assigns, joint.l.~ and stivera~.?.y, firmly bar thest> ~tsents.
THE CONDITION Or `~T~.I~: JBL?~:~.TIOId iS SUCH: the construction of a triple 12' x 6'
reinforced concrete box culvert approximately 78' long, with appurtenances, on
Fourth Avenue South of "L" Street in the City of Chula Vista, County of San Diego.
Said project is known as Gas Tax Project No. 103.
dated is accepted by the City of Chula Ty~isca, and if
strators, successors an;~ assigns, shall duly enter into and execute
the above bounden
his heirs, executors, admini-
a contract for suc~i construction and shall execute and deliver the
two bonds described, on or before the date specified i;: t^~~ "~?~t;M,~.~,
of Award", whic:~ date s:°~a11 ,~ not less than ten (l~) c=.~1s n~ in-
eluding Sundays , fx-r_;;-, t_~ date of the mailing of a notice to the abv47e
that said contr=.ct is ready for execution, then this o~~3 ~.f~~<~;~-.car:
b~~+_Fx;den
by and fror~, she City of C~;,,. ~ --, °.~
shall becoTne null and void, otherwise it s7:aii be a.~r? ~cr;=a~.n ~.n ;: :, ; ~.
force and virtue.
IN WITNESS Wl-iEREO1', i/We herG..r~caer se} c:ur ~n:;s and seals this
day of 19
A 'E AS TO
City Atto ney >~/
c:'
STATE OF CALIFORNIA
ss:
__ ______________________________COUNTY OF LOS ANGELES
J u 1 y 1 7th , 1 y 6~ ,before me, the undersigned, a Notary Public of said county
On--- -----------------------
BONALD MEDEIRO~
-------~
- --- ----------------------------------------------------------------------------
and state, personally appeared___________________": ___________-_____-___ _ _
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the, c91-poration therein named, and
acknowledged to me that such corporation executed the same. - `~~~ `-
O
__
OFFICIAL SEAL
i ~: ` , M. F HARVEY -------_------~--- ----- --~ -- --- - - -- -- ---------t --- -Publz- --- -
~, •~~. ~ ~ No dyy 'c
E ~ '~~'~~ PRI'V t ti. OH IC'. IN.
Los Angeles 177311 ~ '~ / / ~ ~~r~
a LOS A J _Lt C=UUfJ IY ~
~ ,/f`' 0
.,,.ru.NU,..,~.~,~ ~~,...,~,~.
My Commission Expires Juty 19, 1970
~~~~
(rnhis affidavit shall be executed by the successful bidder in
accordance with instructi.ors 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 Ar^FIDAVIT
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.
~L` (I 0 •J O , -Lrsy~lj''!c % _ ~//' t`~~`_' ' I c''1 ///`1Yt /} 1,.,l,_//
Busines~Ad-dress,ys'•~~, ~~
Place of Residence
,~
r
/ /
' ~~~'/ ` ~hsf/c c fi~c ~ `~-t~s
Signature of bidder ~~~ <~~
Subscribed and sworn to before me this~C~ ~~ day of~
19~ ,~
(.
fJ ,~
Notary Public in and for the County ofL';,! / ~~%~,,, State
of California.
UUIIW 11191Nyll1111i1~~40gllpdpib d'. ~i'Jar IiL P'~.'~- •~~uviII~11111111~ ~:!~•.~
?,~"Ht nlurN ~'d'tt~d~~ ~~
' JOHN P~1. ARAL_~^N
'' ~~
j NOTARY Pl'R~_IC - CALIF:;RNIA
,~
.`~, PR;NCip ~~ C~FICL. IN
d ~~r MGFIE t_OU~ Y a
~~
i
~ ~
Notary Pub is
~~
)~~iN P~~. ARAGON • Notary Pu~,~:^ "'.
Gl7G".".- FxP. JUNE 9; 1971 f.OS F'~ . '~-
"~7 ~L`
.'
pcerniurn ctia~~ed for tti*c t±nr~c? ( ~?"Ia ~,J "k ~ ti
~Q..~.7~.,C,.,,~or tie rernz triereat BOiVD FQP, rAITH~ UL PERT ~'3R~'~SANCE
KNOW RLL MEN BY THESE P,2E,SEivTS, That I/~~e Wi ton Construction Company, .Inc.
a corporation
the Contractor in the contract hereto annoxed, as principal a~:d
Fidelity and Deposit
Company of Maryland as surety, are k~.eld anc~ firmly bound unto
the CITY OF CHULA VISiA, a Municipal Corporation, located ir_ San Diego
Twent;~-nine thousand four hundred
County, California, in the sun; ofninety~ei~gh:t and no/100 -----------
~9,~~$.00 ) lawful money of the United States, for whic?Z payment,
well and truly to be made, we bird ourselves, jointly ar.d severally,
firmly by these presents.
Signed, sealed and dated July 29, 1968 .
Tho condition of the above obligation is that if said Prir_cipl, 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 ar.d complete
in a good and wor:cmanlike manner, the work of : the construction of a triple
12' x 6' reinforced concrete box culvert approximately 78' long, with appurtenances,
on Fourth Avenue South of "L" Street in the City of Chula Vista, County of
San Diego. Said project is known as Gas Tax Project No. 103.
in strict conformity with the terr~~s ar~d conditions set font: in the
contract hereto annexed, and s:~all pay or cause to be paid, ell persons
who perform Labor for, or furnish materials to said Contractor, or to
any subcontractor in the execution of the said contract, then this
obligatior_ shall be null and void, otherwise to re:rair_ in full force
and effect; and the Surety, for value received, hereby stipu~.ates
and agrees that no change, extension of tir.;e, alteration or r~c;ditiori
to the terms of the contract or to the work to be perfor.ae~ tz,~rturdFr,
or the specifications accompanying the same, shall. in an=.r tiais~ affect
its obligations on this bond, and it does hereby wave notice of ary
such change, extension of time, alteration er a~'diL~or. to the terms
of the contract or to the work or to the specificationJ.
WITON CONSTRUCTION COMPANY. INC. _ FIDELITY AND ~D P S T COMPANY OF MARYLAND
-.-~ .~- y : ___
;^ .~, f Ronald Mede i ros, Attorney i n Fact
Contractor rety e
APPROVED AS T7 FCt2~~1: ~ ~ ~-~ ,~„~~~0~ City Attorr~e~~
._._. \~:
STATE OF CALIFORNIA
SS:
------------------COUNTY OF LOS ANGELES
On-___-J u t_y__ 29,x____1968_______________________________ before me, the undersigned, a Notary Public of said county
~ ~ _ _.
and state, personally appeared---------------------------------------------------------------------------------------------------------------------------------------+
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that
Los Angeles 177311
~~~Nir~imit~~e~e~ ted. ~~~~ ~sarne,,,;vrr
OFFICIAL SEAL
M. F. FiARV~
r~la kA~tA :. p+,..++• . ~. ~t~RMIIA,
lti5 A~tyIEF
AiliN\~~\Nw\,\.<\,~\~t\..»:\\v\~vxt\v~.~Mw..,.~,..,~,m„s•avaa+yy~ywMlpA!)~1~11~
~" [~~4~li~+r:iq ;~„u~# fi~Si+ a~2i1~ '4.~ ~~9~I1
/- _ f
/ Notary Public/
~' ~~~~-
~~~~~
s'IY~.k:„:.F.:$ EA ~-}(1 C;YS.. ::7G 1? hnr(' R" 4M..~~~i.: ~' 41 ~~
BOND FOR P4RTERIRL AND LABOR ~ ~~=~` ~' _<
Witon Construction Company
KN04v ALL r:ELT BY TH.r,SE PRESENTS, That I/.ve Inc. , a corporation
the Contractor in the contract hereto annexed, as Principal, and
Compliant~n DeROan~t as Surety, are held and firmly bound unto the
CITY OF CHULA V1.S1~A, a ~,unicipal Corporation, located in San Diego
County, California,
in the sum of Fourteen thousand seven hundred forty- ($ 14,749,00
nine and no 00 ------
lawful money of the United States, for which pay~ent, well ar_d truly
to be made, we bind ourselves, jointly and severally, firmly by these
presents.
Signed, sealed and dated ~.l~t_l y 29, 1968
The condition of the above obligation is that if said Principal as
Contractor in the contract hereto anr_exed, or his or its subcontractor,
fails to pay for any material, provisions, provender, or other supplies,
or teams used ir,, upon, for, or dbJ~3t t'ne performance of the wor'.~
contracted to be do^e by said Contractor, namely, to furnish all tools,
equipment, apparatus, facilities, transportation, Labor, and material,
other than materials, if any, agreed to be furnished by the City,
necessary to perform and complete, and to perform and complete in a
good and workmanlike mar_nar, the work of :the construction of a triple
12' x 6' reinforced concrete box culvert approximately 78' long, with appurtenances
on Fourth Avenue South of "L" Street in the City of Chula Vista, County of
San Diego. Said project is known as Gas Tax Project No. 103.
in strict conformance with the terms and conditions set fo~tr. in the
contract hereto annexed, or far any *Nor;t or labor daA_e thereon of any
kind, said Surety will pay the same in an a:^ount rot exceeding the sum
hereinabove set forth, and also in case suit is brought upon this bond,
a reasonable attorr_ey's fee to be fixed by the courts. This bond
shall inure to the benefit of any and all persons, companies, a^d
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 "Rn Rct 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 T~?achinery used
or consumed by such Contractors in the Performace of such G~orks, and
Frescribing the Duties of Certain Public Officers with Respect Thereto,"
approved ~iay 10, 1919, amended; and t'r,e said Surety, for value received,
hereby stipulates and agrees that no c'nan,e, extension of time, alter-
ation, o.r_ addition to the terms of the contract or to the c,~or3{ to be
performed thereunder or the specificati~~~.s accom;~anying the same shall
in any way affect its obligations on t'nis bcr,d, and it does hereby
waive not:ie<=_ of any such changes, extension of ti~T~v, alteration or
addition to the terms cf the contract or to ti~ work or to the speci-
,,
fications.
~, MPANY, I NC. F I DEL 1 TY ADD DEP,A -,COMPANY OF MARYLAND
WI TON CONSTRSICT I ON CO -' ~__ ~7e~/~~ ~/~'~/~ ~lc~
Contractor- ~J ~
~~ ,~,~ ~•1 ~ t° Rona e ei ros, t orney i n
Fact
APPP,OVED AS TO FOR'?: ; ,~' , ~
~/1C, , City ~'1 ttornov ~=~~' ---}~
CONTRACT
This Contract, made and entered into this S ~ day of c-c ~•~.. ,
19 j„j~:, by and between the City of .Chula Vista, a charter cit State
of California, hereinafter called the "Owner" and
hereinafter called the "Contractor";
WITNESSETH:
That the Owner .and the Contractor for the consideration, hereinafter
named, agree as follows:
1. The complete Contract 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 Bond; the Labor and Material
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:
The construction of a triple 1'2' x ~6' reinforced concrete box culvert _
approximately 78' long, with appurtenances on Fourth Avenue
South of "L" Street in the City of Chula Vista, .County of San Diego.
•-Said project _is known as Gas Tax Project No. 103.
All of the above work is on City property, and under the directions
of the Engineer or other official designated by the Owner to supervise
said work, all as provided rn and subject to the Contract Documents.
3. The Owner will pay the Contractor in current funds for the per-
formance of the Contract on the basis of the accepted unit
•prices and the actual measured quantities of wprk donee at such
times as are stated in the Specifications, and will otherwise
fulfill its obligations thereunder.
4. All time limits stated in the Contract Documents are of the
essence of this Contract.
`_ ,~ ~ ~
t.'-;~ ;aa, a.~~c,' y~:ar fig°sc abuvF~. written.
;.
} r t~ ~~
..~_ r~~~ . c. y"__"'
_.~~r_'"~ t__.vRi~
FOR TAE CUNT?ACTUR:
BV
-.~r~:;~r •.~t .: -~ =Tr ~.'nat I "~Ia.ve exa_ ~~ ned
- -. r. _,
"~._~..~ C~~rtra^_ ~..~a~.. find <Ti~~t to be irT:I y~
., ... ~.... ._C~.+~l l^~.. C7 ,~ ,. ~.. :1. ±_. iJ ~.~lUY~~J? Ln:J Ol ±~~
~ NF,
]~ ~ ~>-
STATE OF CALIFORNIA
ss:
__ __ __ _________COUNTY OF LOS ANGELES
On________J_u_~_Y___29~____~_9E?$__________________________ before me, the undersigned, a Notary Public of said county
and state, personally appeared___________________________________________________________
RONALD MED£IRQ$------------------------------------------------------------~
known to me to be the Attorney-in-Fact of the corporation that executed the within instrument, known to me
to be the person who executed the within instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.
.~ ..............~,,...,,..,.....,..................................,..o... : ~~
or~zciai. s~~. - ~'
Nl. 1=. }-l AR1J EY t -~`~-~
"F' R10TAF@Y-Pt1FFFiF 1 AtiF{,RP.II~ -,- --,.-~ J--- -- --` ---- ~~~~--f ---i--__
~ y;;- Q. ~i=:r,~_ of i.,~. ~a ~ ~~-- Notary Public
Los Angeles 177311 ?~~'" l C5 a.' .., < w!' Y
~rE01'~'ilYliS5ibr, E.~t['~ e5 .:-p i ;. 7 ~[; ~ K_ / U ~~
,~ ~ ~ ~~
TABLE OF CONTENTS
Section
Title Pace
1 Proposal Requirements and Conditions 1
2 Legal Relations 4
3 Prosecution and Progress 6
4 Quantities, Measurement and Payment 10
5 Special Provisions 13
,~' .~ ~~,
~ ,
CF('`?~T(lAT 1
PROPOSAL REQUIREMENTS AND CONDITIONS
1-01. EXAMINATION OF PLANS SPECIFICATIOL7S SPECIAL PROVISIGNS
AND SITE. OF ~+IORK: '
The bidder is required to examine carefully the 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 work to be performed
and materials to be furnished, and as to the requirements of the
specifications, the special provisions, and the 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 ~Jorks.
1-03. REJECTION OF PROPOSALS CONTAINING ALTERATIONS, 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.
1-04. BIDDER'S GUARANTY:
All bids shall be presented under sealed cover and shall be accompa-
nied by cash, cashier's check, or bidder's bond, made payable to
the City of Chula Vista, for an amount equal to at least ten percent
(10%) of the amount of said bid, and no bid shall be considered
unless such cash, cashier's check, certified check, or bidder's bond
is enclosed therewith.
1-05. PUBLIC OPENING OF PROPOSALS:
Proposals will be opened and read publicly at the time and place in-
dicated in the Notice to Contractors. Bidders or their authorized
representatives are invited to be present.
~~
-1-
1-06 ., AWARD CF CONTRACT:
The award of the contract, if it be awarded, will be to tre 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 co;tipared 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 bonds, 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 t'ne 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 annulment of the award
and the forfeiture of the proposal guaranty.
1-08. RETURN OF BIDDER'S GUARANTIES:
Within ten {10} days after the award of t'ne contract, the City of
Chula Vista will return the cash or checks accompanying the proposals
which are not to be considered in making the a~~aard. All other pro-
posal guaranties will be held until. the contract has been finally
executed, after which the cash or checks will be returned. Bid
bonds will be returned upon request.
1-09. CONTRACT BONDS:
The Contractor small furnish two (2) good and sufficient bonds. Ore
of the said bonds shall guarantee the fait'nful 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 such works, and
prescribing the duties of certain public officers with respect
thereto," approved tiiay 10, 1919, as amended.
-2-
y~
I-09. CONTINUED:
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 law for the protection of thc~ claims qr.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 pajrment 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 PROVISIODi:
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 con~ract is
awarded. This affidavit shall be executed and sworn to by the
successful bidder before such persons as are authorized 'py the
laws of the State of California to administar 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.
-3- ~~ ~ ~
SECTION 2
2-01. ALIEN LABOR;
LEGAL RELATIONS
The Contractor shall forfeit a
ten dollars ($10.00) for each
execution of the contract, by
him, or any of the work herein
portions thereof during which
to labor in violation of the
particular Sections 1850 to 18
2-02 . HOURS Or^ LABOR
s penalty to the City of Chula Vista,
alien knowingly employed in the
him or by any sub-contractor under
mentioned, for each calendar day or
such alien is permitted or required
Provisions of the Labor Code and in
54 thereof inclusive.
The Contractor shall forfeit as penalty to the City of Chula Vista,
ten dollars ($10.00) for each laborer, workman, or mechanic, employed
in the execution of the contract by him or by any sub-contractor
under him, upon any of the work herementioned for each calendar day
during which said laborer, wor'cman, or mechanic is required or
permitted to labor more than eight (8) hours in violation of the
Provisions of the Labor Code and in particular, Sections 1810 to
1816 thereof inclusive.
2-03. LABOR DISCRIMINATION:
No discrimination shall
public works because of
and every Contractor fo
subject to all penalties
Part VII, in accordance
Labor Code.
2-04. ?RLVAILING L'?AGE
be made in t'ne employment of persons upon
the race, color or religion of such persons
r public works violating this Section is
imposed for a violation of Chapter I, of
with the Provisions of Sections 1735 of the
The Contractor shall forfeit as penalty to the City of Chula Vista,
ten dollars ($l0.OC) for each laborer, work:aan, or mechanic employed
for each calendar day, or portion thereof, that such laborer, workman,
or mechanic is paid less than the general prevailing rate of ~~~ages
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 Labor Code and in particular Section 1770 to 1781
thereof inclusive.
The City Council of t'ne City cf Chula Vista
general prevailing rate of wages applicable
Said wages ar` specified in the "Notice to
her2by made a part of those specifications.
-~:-
has ascertained the
to the ~,eork to be done.
Contractors," which is
2-05. DONI~STIC t~1ATERIALS :
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 REQUIREi"SEL~ITS :
Contractor shall, at his own expense, carry and maintain during the
course of the work of construction, Workmen's Co:r~pensation 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.
l~~ -1~ ~z~ ~-
-5-
SRC"i'T()N ~
PROSECUTI0~7 ~'3ZvD PROGRESS
.',-Ol, SliBi~E' TI:~G ANA ASSIGN"*IEP~TT:
T~ne Contractor shall giv his personal attention to the fulfillment
of the contract ar.d shall keep the work under hia control.
Sub-contractors will not be recognized as such, and all persons
enaag-ed ir. the ~~~ork of construction will be co,~sidered as ea:~ployees
ofythe Contractor and their work shall be subject to the provisions
of the contract and specifications.
Where a portion of the work sublet by the Contractor is not being
prosecuted in a mar_ner satisfactory to the City Engineer, the sub-
contractor small be removed immediately on the order of the City
Engineer ,and shall not again be employed on the .work.
The contract may be assigned only upon written consent of the City
Engineer.
3-02.
The Contractor shall begin work on or before the date specified ir_
t'ne "No~-ice of Execution of Contract", which date Shall be not less
than ten ~1G) days following e~;ecution of the contract by the City.
The Contractor shall provide to the City Engineer, written notice of
the specific dare upon which he plans to commence work, Notice s'nal1.
be given at leaUt twenty-four (24) hours in advance.
The Contractor shall prosecute the work to completion before the
expiration of
:~SI.E~. ~' Y
corlsecutiye calenc'ar days from the date specified in the ''Notice of
Execu'~i.on of Contract" by the City.
3-03 . CIiI~R_~:C`1'E.h ,OF Y'10R~`~Ei~ :
If any sub-contractor or person employed by the Contractor fails o~
refuses to carry oUt the directions of the Engineer, or shall. appea<-
to the Engineer to ba incompetent or to act in a disorderly or im-
proper manner, 'ne shall be discharged im-riediat~ltr on the order o~
the Erginesr, and such person shall not again beiemployed cn the wo.r'...
-6-
PROGRESS Or T`-?E Tv~iORI{ ADID TIPdE FOR CO:Y?PLETIOiQ:
a
3-04. TEMPORARY SLTSPENSIOid OF WOF.K:
The Engineer shall have the authority to suspend the work wholly,
or in part, for such period as he may deep 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 gi~yer,, 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. TINIF. OF COMPLETION AND LIQUIDATED DAN'AGES :
It is agreed by the parties to the contract that, in case all 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; ar~d it is therefore agreed that the Contractor will pay to
the City of Ch~ala 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 completion. 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, 'nis heirs, assigns or sureties, and to
deduct from the final payment for the work all o.r any part, as it
may deem proper, of the actual cost of engineering, inspection,
superintendence, 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 of God 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,
/)
~7" -.
-7-
3 - 0 5 . CG'~I'.T.' I iii Lr^ r~ .
within ten (1C) days from the beginning of ar_y s~ac'~? r;e.ts:~;~, ~-io~_f,%
the iri~lrieer, 1n :Vr1ti ng, Of t'ne CaL1SeS Of delay, tiJllO _,hall a~C~rta"! i'!
the facts and the extent of the delay, and his findings of t*~e facts
tzereon shall be final and conclusive.
3-g6. SUSPENSION OF CONTRACT:
If, at any time, in the opinion of t'ne 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 the 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 ccmpliarce with t'ne contract, as directed by the Er_gineer,
within the time specified in such notice, the City Council in any
such case shall have the power to suspend t:ie operation of tr>e contract.
Unon receiving r_otice of suca suspension, the Contractor shall dis-
continue said work, or such parts of it, as the City Council may
designate. Upon such suspension, t'ne Contractor's contLol 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 premisas,
and use the same for the par--pose of completing said contract, and
hire such force and buy or rent such additior_al ~~;aterials a^d supplies:
at the Contractor's expense, as may be necessary for the p~:oper conduot
of the work and for the ccm~letion thereof; or may employ othe_~ parties
to carry t'ne contract to completion, employ the necessary ,vorkmen,
substitute other machinery or materials, and purchase th` :materials
contracted for, in such manr_er as t'ne City Council may deem proper or
tre City Council may ann~,~l and cancel the contract and re-'_et the wo~'c,
or any part thereof. Any excess of cost arising therefrom over and
above the contract price will be charged against the. Contractor and
his suretie s. w~~o will be liable therefore, in the event of such
suspension, all mor-ey cue the Contractor or retained ur_der rile terms
of this contract shall be Forfeited to the City; but suc'~ forfeitu-r~
will not release the Contractor or his sureties from liaoility or
failure to fulfill the contract. The Contractor and his sureties ti~~ill
be credited with the amount of merey so forfeited toward any excess
of cost over and above the contract price, arisinc from the suspension
of the operations of the contract and the co..~pletion of t'-~e ~^~or',~ by th~a
City, as above provided, and the Contractor wi 11 ',~e so credi ~.et~ tait'r~
any surplus remaining after all just claims fo_ such con;plotior_ hav`
been paid.
in the determir_ation of tic question whether there has been any sac=z
non-con;pliar_ca ~:ith the contract as to warrant the suspension o-r
,i
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-s- ~ -
annulment th~rEOf, the decision of the Ci~y Council s?zall be bindi,^.g
on all parties to th<~~ contract.
3-07. tiIG:~T Or ti'atiY:
The rig'nt of way for the work to be done will be provided by t'ne
City. T:Ze Cont,:actor shall make his o~m arrangements, and pay all
expenses for additional area required by him outside t'ne limits oz
right of ~~oay.
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SECTION 4
QUANTITIES, blEr`iS'~'?2EPZE~7T ?ND PAYr:EN^1
4-Ol. QliA2v'TI'a`IE s :
The astimate of the quantities of ~~~ork to be done and materials to
be furnished are appro;~imate on 1y, being given as a basis for the
comparison of bids, and the City of Chula Vista does not expressly
or by implication agree that the actual amount of work will corr~~spord
t:nere=.,71th, put resCrves ti~2 right t0 1nCreaSe Or decrease the ai~lOUnt
of any class or portion of the work or to omit portions of thc- -•aor:
t:za~ may be deemed ^~cessary or expedient by t'_ie Ergine~=.
4' -~2 . t~'L1-`~SLT~2E~1.Eiy''i O" ~ ~.7Ai1TI1 ILS
Measurement of quantities shall conform to the provisions ir. ~-coon
9-1.01 of the State Standard Specifications e~>cept that al' material
paid for on a 'may ~veic~ht basis shall be weic'r_ed cn a pv.blic scale.
The Contractor shall, at his o~m exrense, furni sl-i Public ti9eigh-
master's certificates or certified daily sumrr;ary weigh sheets, and
a duplicate weigh slip or a load slip shall be furnished to each
vehicle ~~~eighed and t'r~e slip small be delivered to the Engineer at
the point of delivery of the material.
4 - 0 3 . PaYi•~IE. ~; T
Payment shall be :Wade at the lump sum or unit Writes bid, said pay-
ment being .full cornp?::sat~.On for furnis'zinc? all labor, materials,
tools, ar~d equipment and doing all work sho.an on the plans or sti± e-
lated in the specificatior_s'and special provisions for that particular
item of ~vor't.
Quarti.ties o.f m:aterials wasted or disposed of in a manner not called
for_ under the contract or placed outside the pay lines indicated on
tL'ie plan..' Or ap~roVz°_d by t17e E::1g1n~'e?", Or r`iilca.i ninC~ On 17aP_d 3ftei
completion of the ~,~~or~t, .•~ill not be paid for.
4-04. E:~T~~ ATD ~'J=<CD FiCCt~,iJ=~iT '~~IOR::
E;~tra Ivor}s as ,crezn'^efore defined, when Grder2d and accepted, shay
be paid for under a v~ritter_ ~•JOTI order in accordance wi th the terms
therein provi:~~ed. Payment for extra ~s~ork will be made at the unit
price or iu~:p eu~<< previously agreed upon by the Contractor and the
Engineer; or b~- force account.
If tr.e wo=k is c,ene ~~n force account, the Contrac-tor shall receive
the actual. cost of all materials furnished by him as s'_no,,vn ',~y his
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4-04' . CONTIi3UED:
paid vouchers, plus 15 percent. For all labor, equipment and teams
that are necessary, he s:zall 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 deems necessary, and the Contractor shall
have no claim for pror"it on the cost of suc'n materials. The price
paid for labor shall include any compensation insurance paid by
the Contractor.
All extra ~r~or'~. 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 wor'~ or force account wor',~ done.
4-05. CE-i~IvTGE IN G7ORi::
The Contractor shall proceed with change in construction from that
included in the contract upon receipt of a change order for same.
Said change order shall be prepared in the office of t'ne City Engineer
and shall be signed by the City ~;ngineer and the 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 tota_ a^our.t of work done and tie
acceptable materials furnished and delivered '.otiT t're Contractor on
ground and not used, to the.time of such estimate, and the value
thereof. The City shall retain 10 percent of such estimated value
of the wore done ar_d 50 percent of t'ne value of the rtateria is so
estimated to have been furnished and delis%e -red and unused as afore-
said as part securit1r for the fulfillment of the contract by t'_e
Contractor ar~d shall monthly pay to the Contractor, ~.•hile carryin,
on the wor,;, the balance not retained, as afore; a~ d, after deductZrg
therefro~~~ all previous pay:ents ar~d all su_<<s to be kept or retained
under the provisions of the contract. No such{ estimate or pay::~ent
shall ~e required. to be made, when in the judgment of the Engineer,
the work is not proceedin~~ in accordance with the provisions of
the contract, or when ire his judgment the total value of the work
done sr_ce the last estimate amounts to less than $300.00.
-07 . Fli?e-~T, PAY~~iE`_•:'T'
The Engineer s.~all; alter the completion of the contract make a
final estimate of the amount of =,vo.rk done t~.ereunder, and the value
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4-07 . COii'I'1'~iUL,~
of s~.zch work, and the City shall pay tine entire sum so found to be
due after deducting therefre::: all previous payments ar.d ail amounts
to be kept and all amounts to be retained under the.provisior.s of
the contract. All prior partial estimates and payments shall be
subject to correction ir. the final estimate and payment. The final
payrner_t 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, eit'ner wholly or in part, against
any claim of the City, and no payment shall be construed to be in
acceptance of any defective wor'~ or improper materials.
Ar_d the Contractor further agrees that
amount due under the contract, and the
any work done in accordance with any a
release the Cit~~, 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 paymer_t for
Iterations of the same, shall
the Engineer from ary and all
performed under the contract
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SF.CTiC~N 5
SPECIAL PROVISIONS
5-01. WORK TO BE DONE:
The new improvements consist essentially of the following:
Construction of a triple 6 x 12 reinforced concrete box
culvert approximately 78 feet long with 6'-0" sidewalks,
barrier railings, concrete gutter, wingwalls, curb
inlets and roadway embankment, all as shown on the
plans. All work shall be performed in accordance with
the Standard Specifications, City of Chula Vista, the
Plans and these Special Provisions.
5-02. STANDARD SPECIFICATIONS:
References to the STANDARD SPECIFICATIONS shall refer to the Standard
Specifications, City of Chula Vista. References to CALIFORNIA STANDARD
SPECIFICATIONS shall refer to the Standard Specifications, State of
California, Division of Highways, dated July 1964.
5-03. CONCRETE, REMOVAL AND REPLACEMENT:
All construction shall be performed in such a manner as to obtain suitable
matching between new and existing facilities. Concrete removal and replace-
ment shall conform to the provisions of Sections 12-03 of the Standard
Specifications and City of Chula Vista Standard Drawing No. 110.
Compensation for conforming to the requirements of this section shall be
considered as included in the prices paid for the various contract items of
work and no additional compensation will be allowed therefor.
5-04 TRAFFIC CONTROL:
Traffic control shall be maintained in accordance with Section 5-05 of the
Standard Specifications, City of Chula Vista. It will not be necessary to
provide traffic access through the work and Fourth Avenue in the immediate
vicinity of the project may be closed to through traffic. The contractor shall
provide and maintain detour signing in sufficient quantity and in such a manner
as to direct the orderly flow of traffic to alternate routes. The contractor
shall conduct his operations in such a manner as to prevent inconvenience or
interference with any abutting property access. Full compensation for con-
forming to the requirements of this section shall be considered as included in
the prices paid for the various contract items of work and no additional com-
pensation will be allowed therefor.
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5-05. BRIDGE DEMOLITION AND CLEARING AND GRUBBING:
The site shall be cleared and material disposed of in the manner prescribed
in Section 6 of the Standard Specifications, City of Chula Vista. The
existing bridge, including abutments, walls, and foundations shall be com-
pletely removed and disposed of away from the site except those portions
that may exist at elevations one foot or more below the bedding plane for the
culvert invert slab may remain in place. All salvaged material from the
existing bridge structure shall become the property of the contractor.
The lump sum contract price paid for demolition and clearing and grubbing
shall include the work required to clear the site of all existing material that
must be removed for construction of this project. Such items consist of but
may not be limited to the following: existing structures, pavement, curb and
gutter, signs, posts, trees, stumps, etc.
5-06. EARTHWORK:
Earthwork shall conform to the requirements of Section 6 of the Standard
Specifications. The applicable provisions of Section 19 of the California
Standard Specifications shall prevail on any items not specifically covered
in Section 6 of the Standard Specifications.
Whenever any excavation is completed, the contractor shall notify the
engineer who will make an inspection of the foundation to determine its
suitability for the loads to be imposed thereon. No concrete or backfill
shall be placed until the foundation has been approved by the Engineer.
Transition grading shall be performed for a distance of 12° either side of the
box culvert as shown on the plans. All slope grading shall be performed
evenly and in a manner to obtain smooth transitions and neat appearing
finished slopes.
Payment for applying water for compaction purposes and the furnishing and
placing of pervious material behind wing walls and for performing transition
grading as noted above shall be considered as included in the contract unit
prices paid for earthwork and no additional compensation will be made therefor.
Limits of payment for earthwork shall be as indicated on the plans.
5-07. CLASS A CONCRETE:
Class A Portland Cement Concrete shall conform to the requirements of
Section 9 of the Standard Specifications, City of Chula Vista.
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All concrete shall have an ultimate compressive strength of not less 'than '
3, 000 psi and shall be cured in accordance with Section 90-7. O1 of the
California Standard Specifications. Concrete that will be exposed to view
shall be cured by the water method. Concrete not exposed to view may be
cured by the curing compound or waterproof membrane method.
Forms, Placing Concrete, Construction Methods, Bonding, Waterstops,
Deck Finishing, Surface Finishes and Sidewalk Construction shall conform
to the requirements of the applicable sections of Section 51 of the California
Standard Specifications.
The box culvert invert slab shall be given a steel trowel finish.
All falsework shall be designed and constructed to provide the necessary
rigidity and to support and maintain the loads until the required concrete
strength is attained. Falsework and forms shall be constructed to produce
in the finished structure the lines and grades indicated on the plans. Suitable
means of adjusting falsework elevations shall be provided to take up any
settlement in the formwork. Falsework supporting the deck slab shall
remain in place for 10 days or until test specimens indicate that a strength
of 3, 000 psi has been attained.
Full compensation for furnishing and placing the following items, as shown
on the plans, shall be considered as included in the contract unit price paid
for Class A concrete and no additional compensation will be made therefor:
Waterstop
Expansion joint material
New section of concrete sidewalk and gutter
at southwest corner of project
5-08. BAR REINFORCEMENTa
Bar reinforcement shall be placed as shown on the plans and shall conform
to the requirements of Section 10 of the Standard Specifications. Four
copies of bar reinforcement shop drawings shall be submitted to the engineer
for review 2 weeks prior to the installation of reinforcing steel on the project.
5. 09. CURB INLET DRAINS (Type B-2 and Type Hj:
Curb inlet drains shall be located as shown on the plans. Except as noted
curb inlets shall conform to the details shown on City of Chula Vista Standard
Drawings 201 & 203. All metal items shall be hot-dip galvanized. Concrete and rein-
forcing fpr curb inlet structures shall conform to the requirements of Sections
5-05 and 5-06 of these Special Provisions. The contract price paid for curb
inlets shall provide full compensation for all excavation and backfill required
to place curb inlets and for providing and placing the reinforced concrete unit
with appurtenances complete in place. Payment for providing and placing the
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' 18" RCP shown on the plans shall be included in the contract price paid
four type H curb inlet and n® additional aempensation shall i~e.made
therefor. .
5.10. BARRIER RAILING:
Barrier railing shall conform to the plans, the provisions in Section 83 of
the California Standard Specifications and to these Special Provisions.
Barrier railing shall consist of a reinforced concrete parapet with metal
railing and with concrete sidewalk and concrete gutter and sidewalk as shown
on the plans. Reinforced concrete portions of the railing shall conform to
Sections 5-OS and 5-06 of these Special Provisions. Metal railing shall con-
sist of posts with anchor bolts, nuts and washers, and pipe rail and caps with
bolts and nuts for attaching the pipe to the posts. Metal railing shall be
aluminum pipe with aluminous rail caps, and aluminum metal posts.
Materials for aluminum railing, except posts, shall conform to the following
requirements:
Material AS TM Designation
Aluminum pipe ,,,,,,,,,,,,,,,,B221, 6063-T6
Aluminum rail caps and
block washers ........... . . . . . B 108, SG70B; or
B 26, SG70A
The fifth paragraph of Section 83-1. 02G "Barrier Railing, " of the California
Standard Specifications shall be superseded by the following:
Material for posts and the completed posts shall conform to the following
requirements:
1. Materials shall be an aluminous metal, The chemical or
mechanical properties of the metal that are required to meet the require-
ments of this Section 83-1, 02G shall be the responsibility of the con-
tractor.
2. Metal tensile specimens cut from both side-flanges of all posts
shall have an elongation of 10 percent minimum, when tested in accordance
with Test Method No. Calif. 654, except that in a lot sampling comprising
more than one post to be tested for elongation, one of the tensile test speci-
mens may have an elongation of 9 percent minimum, provided all test
specimens from all posts an that lot sampling have an average elongation of
10 percent minimum.
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3. Posts shall support a load of 20, 000 pounds when tested in accord-
ance with Test Method No. Calif. 654, except that in a lot sampling com-
prising more than one post to be load tested, one of the sample posts may
support a load of 19, 000 pounds minimum, provided all posts in that lot
sampling support an average load of 20, 000 pounds minimum.
4. The sections of the posts as shown on the plans may be increased
in thickness at the option of the Contractor, in order to pro~ide posts
that will comply with the requirements of Test Method No. Calif. 654. The
outside dimensions of the posts shall not be increased. Increases in the
thickness of the vertical flanges and top member shall be uniform. Bulbs
or ribs in addition to .those shown on the plans will not be permitted.
The tenth ara ra h of Section 83-1. 02G, "Barrier Railin !"
P g P g, of the
California Standard Specifications shall be superseded by the following:
Shims for aluminou metal posts shall be sheet aluminum or asbestos
sheet packing, at the option of the Contractor,
Falsework shall be released prior to placing concrete in railings unless
otherwise permitted by the Engineer..
When ordered by the Engineer, the height of the concrete portion of the
railing and the vertical position of the metal railing shall be adjusted to
compensate for the camber and dead load deflection of the superstructure.
The amount of the adjustment will be determined by the Engineer and will
be ordered before the concrete is placed and before the metal railing is
installed.
The concrete portion of the railing shall be placed as long after super-
structure construction as the progress of the work will permit.
Measurement and payment for barrier railing shall be iii accordance with
the provisions of Sections 83-1.03 and 83-1.04 of the California Standard
Specifications .
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5-11. METAL PLATE GUARD RAIL:
Posts shall be construction grade redwood or better, 545. Metal
plate guard rail shall be the beam type consisting of a steel plate
attached to timber poste by means of steel springs or flexible
brackets. Plates shall be not less than 12" wide and shall have
an ultimate tensile stress of not less than 80, 000 psi. Metal
thickness shall be not leas than ten gage, U. S. Standard.
All hardware shall be hot dipped galvanized.
Posts shall be given 2 coats of exterior white paint. Posts shall
be painted so that at least 4 inches of painted surface extends
belov~~ the ground surface. Metal plate rail shall be given one coat
of red lead primer. Two finish coats of white enamel shall be
applied to metal plate rail and hardware.
The linear foot price paid for metal plate guard rail shall provide
full compensation for furnishing and placing the railing in accordance
with the plans and specifications.
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