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HomeMy WebLinkAboutReso 1968-4843Form Noy 312 Rev 8-67 RESOLUTION NO ~ 4843 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR DRAINAGE FACILITIES IN EAST MOSS STREET AND MELROSE AVENUE, APPROPRIATING FUNDS FOR SAME, 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 five bids were received and opened at 11:00 a.m. on the 16th day of July 196g in the Office of the Director of Public Works of the City of Chula Vista for drainage facilities in East Moss Street and Melrose Avenue Bc~SIC_ Rich Paul Hansen Cameron Bros. M. Arrieta Ha ~ Bros . L. Castillo & Son $32,771.58 29,569.00 32,823.42 51,255.80 and Alternate Bid $33,604.46 31,938.20 WHEREAS, it has been recommended that said contract be awarded to the lowest responsible bidder, M. Arrieta 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 five bids, and does hereby award the contract for said drainage facilities to M . Arrieta -~~----- 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 sum of $29,569.00 be, and the same is hereby appropriated from the unappropriated surplus of the General Fund for the purposes hereinabove set forth. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to rm by ~~ Lane F. Cole, Director of Public George D.% indberg, City Att y Works -1- ADOP TEP AT'D APPROVED by the CIT~' COLm'CIL of the CITY C!F CI'ULE~ v ~ I'~ CALIFORT~IA, this 23rd day or July , 19 68 !-z;~ the rolls:-ins ,.~:~~~t=~y to-wit: Ay~'.~: Councilmen. Sylvester, Hamilton, McCorquodale, McAllister, Scott °P?AY?;~ : Councilmen None [?r:S~:'T: Counci lnen None C~ G- Mayor of the City of C is ',>> t:~ `. ATT=,~T `" t. ~C_-t_---c -.k Ci tv Cler~~ S'IATT O'' CAL i FORM IA j CO~i'.: L" nF SA' DIrGC ) ss , CITE' OF CHULA VISTA ) I, '~~P't~'ET'~ ~. CA~~PBELL, City Clerk of the City of Chula ~Jistay Ca1~fnr_~ia, L~0 ?~_EF.EBY CF_.PT?Fy that the above and foregoing is a full, t7°ue and correct c:~o-; of and that the same has not beer a:.en.d:d or r~n~aled, r,T~I': City C1err: ,'l ~ .~ L~ ~~->~ C 1 DRAINAGE FaCILITI$S IN EAST MOSS STREET AidD MELROSE AVENUE 1 June 28, 1968 ADDENDUM #1 Subject: Modification of Terminology in Proposal Various classes of R.C.P. (Reinforced Concrete Pipe) are shown in the following bid items of the Proposal: Basic Bid - Items 1,2,3,4, and 5 Alternate Bid - Item 2 The reference to pipe class shall be considered as deleted from the Proposal. Pipe strength for R.C.P. shall be in conformity with the "D" loading as specified in each of the subject bid items in the Proposal. Please acknowlzdge this Addendum No. 1 upon the last page of the Proposal under the date by writing tree term "Addendum No. 1 acknowledged" and initialing. Initials shall be affixed by same person who executes the Proposal under "Signature of bidder". Lane F. Cole, City Engl. r ~~ - i ~~~ S #1 SPECIFICATIONS FOR THE CONSTRUCTION OF DRAINAGE FACILITIES IN EAST MOSS STREET AND MELROSE AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA ~,~~ CITY OF CHULA VISTA STATE OF CALIFORNIA NOTICE TO CONTRACTORS SEALED PROPOSALS will be received at the office of the City Engineer, City of Chula Vista, unti 1 11:00 A.M. on ~~1Y t6+ 1968, at which time they will be publicly opened and read for performing work as follows: The installation of approximately 1,000 feet of 24" and 30" culvert with appurtenances in East Moss Street and Melrose Avenue in the City of Chula Vista, County of San Diego. 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%) 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 HOUR PER DIEM TRUCK DRIVERS (Health and Welfare - 20 cents) 5/1/68 Dump Truck Drivers - Water Level Less than 8 yards ...................... 4.84 38.72 8 yards, but less than 12 yards ........ 4.89 39.12 Foreman shall be paid 30~ per hour additional over the highest classification supervised. LABORERS (Health and Welfare - 25 cents) 5/1/68 Laborer, General or Construction ............ 4.225 33.80 Operators and Tenders of Pneumatic and Electrical Tools, Vibrating Machines and similar me- chanical tools not separately classified herein ................................. 4.435 35.48 Fine Grader on Highways, Streets and Airport Paving (sewer and drainage lines when employed .............................. 4.325 34.60 ;~~ CLASSIFICATION - _ PER HOUR PER DIEM LABORERS (Continued) Concrete Curer - Impervious riembrane ........ 4.415 35.32 Asphalt Raker, Ironer, Spreader ............. 4.435 35.48 Concrete Saw Man (Excluding Tractor Type).... 4.435 35.48 Flagman ................•..................... 4.225 33.80 Laying of all non-metallic pipe including sewer pipe, drain pipe, and underground the 4.535 36.28 Cribber or Shorer ........................... 4.585 36.68 Making and Caulking of all non-metallic pipe joints, etc . ........................... 4.415 35.32 Foreman shall be paid 304 per hour additonal over the highest classification supervised. CEMENT MASONS (Health and Welfare - 24 cents) 5/1/68 Cement Mason ................................ 5.20 41.60 Foreman shall be paid 37 1/24 per hour additonal over the highest classification supervised. IRON WORKERS (Health and Welfare - 28 cents) g/16/67 Reinforcing Iron Workers .................... 5.83 46.64 Foreman shall be paid 454 per hour additional over the highest classification supervised. OPERATING ENGINEERS (Health and Welfare - 30 cents) • 6/1/68 Air Compressor Pump or Generator Operator ... 4.68 37.44 Tractor Operator - Dragtype Shovel, Bulldozer, Tamper, Scraper and Push Tractor ....... 5.46 43.68 Grade-All Operator .......................... 5.56 44.48 Skiploader - Wheeltype--Ford, Ferguson, Jeep or similar type 3/4 yard or less (without dragtype attachments) .................. 5.46 43.68 Grade Checker ............................... 5.46 43.68 Trenching Machine Operator (Over 6 foot depth capacity, Manufacturer's rating)........ 5.56 44.48 Trenching Machine Oiler ..................... 4.92 39.36 Screed Operator ............................. 5.27 42.16 Asphalt or concrete spreading, machine tamping, or finishing machine operator, roller (all types and sizes) ....................... 5.46 43.68 Foreman shall be paid 354 per hour additional over the highest classification supervised. ,- ~;~ ~~ No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code. 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 upon payment of 3.00 If payment is to be made by check, it should be made payable to the City of Chula Vista. NO REFUND WILL BE MADE. The special attention of prospective bidders is called to Section 2, Proposal, Requirements, and Conditions forinstructions regarding bidding. The City Council reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. CITY OF CHULA VISTA ~~. -./, ~, .! ~ 3 Lane F. Cole Director of Public Works DATED: dine 2A~--1Q68 l) i ~ ; .-~ PROPOSAL To the Honorable Mayor and City Council City of Chula Vista The undersigned declares that he has carefully examined the plans and specifications "FOR THE CONSTRUCTION OF DRAINAGE FACILITIES IN EAST MOSS STREET AND ME LROSE AVENUE" and that he has examined the location of the proposed work and read the accompanying in- structions to bidders, and hereby proposes to furnish all materials, and do all the work required to complete the said work in accord- ance with said plans, specifications, and special provisions, for the unit price, or lump sum set forth in the following schedule: BASIC BID APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 1. 622 L.F. 30" RCP, Class IV-1500D a ____t_ (Per L.F.) (L.F.) 2. 168 L.F. 30" RCP, Class V-2500D ~~ (Per L.F.) (L.F.) 3. 206 L.F. 24" RCP, Class IV-1500D ~-~~ ~~ $ ~~ so $ 93 p n (Pe .F ) (L.F.) 4. 56 L.F. 24" RCP, Class V-2500D 1 (Per L.F.) (L.F.) L_ ~~ ~ i lI ;J. Proposal'(continued) APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 5. LUMP SUM 5' transition section, 24" to 36" RCP, Class. V-2500D ~~- lei ~~I ~-a J a o 7 (Lump Sum) (L. S.) 6. 2 each Cleanout, Type A ~/ ~-o ~ $ 7 7D °~ $ /, SAD .~ (Each) (Each) 7. 2 each Cleanout, Type F ~'Q~ / $ ~ ~0 n O $ ~ 3L~0 o O (Each) (Each) 8. 1 each 15' Type A-2 curb inlet ~~_ ~~ ~~-~ m A 0 O (Each). (Each) 9 1 each 15' Type B-2 curb inlet ~iyr..-e.-~ ,ti~J . C7-uoQ~ a~ ~ o (Each) (Each) 10. 33 L.F. Transitioned curb & gutter adjacent to inlets UO vo (Per L.F.) (L.F.) ~ ,.. ~, , /'t_ Proposal continued) APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 11. 2.each Convert existing "H" inlet into 10' B-2 curb inlet .}~2~ ,~5~ ~~ ~J $ 6O eG $ r ~ an o (Each) {Each) 12. 5400 S.F. Pavement replacement Per S.F. ) (S. F'. ) 13. LUMP SUM Wing headwall (Lump Sum) (L.S.) 14. LUMP SUNI Remove & replace cross gutter segment (Lump Sum) (L.S.} 15. LUMP SUM Remove & replace mono- lithic sidewalk ~~ nC pG (Lump Sum) (L.S.) 16. LUMP SUM Clearing & grubbing drainage channel ~~ ~~J new (Lump Sum) (L.S.) pD ~ p Proposal (continued), APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 17. LUMP SUM Rehaybilitate land- scaped area -~<~--c? /t--~--~~ Cam-'-~sQ~ ~ s e ~ c~~ , (Lump Sum) (L.S.) G~ BASIC BID GRAND TOTAL ~ 7~ ~~ ALTERNATE BID APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 1. 759 L.F. 30" CMP, free-f lo, 14 gauge 2. $ $_ (Per L. F.) (L.F.).. 47 L.F. 30" RCP, Class IV-1500D $ $ (Per L.F.) (L.F.) 3. 262 L.F. 24" CMP, free-f lo, 14 gauge $ $ . (Per L.F.) (L.F.) 4. LUMP SUM 5' transition section, 24" to 36" CMP, free-f lo, 14 gauge $ $ (Lump Sum) (L.S.) 5. 2 each Cleanout, Type A (Each) 6. 2 each Cleanout, Type F (Each) $_ $ $ (Each) {Each) /% ~ 7~ _~ Proposal (continued) APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 7. 1 each 15',Type A-2 curb inlet 8. 1 each (Each) 15' Type B-2 curb inlet (Each) 4. 33 L.F. Transitioned curb & gutter adjacent to inlets $ $_ (Each) (Each) (Per L.F.) 10. 2 each Convert existing "H" inlet into 10' B-2 curb inlet (Each) 11. 5400 S.F. Pavement replacement (L.F.) (Each) $ $ (Per S.F.) {S.F.) 12. LUMP SUM Wing headwall $ $ (Lump Sum) (L.S.) ,~ , Proposal, (continued) APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL 13. LUMP SUM Remove & replace cross gutter segment - $ $ (Lump Sum) (L.S.) 14. LUMP SUM Remove & replace mono- lithic sidewalk 15. 16. (Lump Sum) LUMP SUM Clearing & grubbing drainage channel (L.S.) $ $ (Lump Sum) (L. S.) LUMP SUM Rehabilitate land- scaped area $ $ (Lump Sum) (L.S.) ALTERNATE BID GRAND TOTAL Proposal (Continu^d) The uradersi~7r~ed further agrees that in case of default in executing the required contract, with necessary bonds, within the ten (iC) days not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the cl-ieck 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 Contracto~_ s, License No. / ~Ly'~ R~ Contractor' s State License C1.assification _ ~`' - ~. Signature of bidder; -:~~~~~ ' ~ ~~ i ~~ (if an individua.i, sa state. ~If a firm or copartnership, state the firm nams and give tho names of all individuals, copartners com- posing, the firm. 2f a corporation, also names of President, Secretary, •irea~urer a;:d Man~~ger thereof, and affix the Corporate Seal there'~o. ) i ~ ~ ~ _ Dated • - ~~' a - - (Business Address) -, AFFID.~VIT TO ACCOiyQPAI`TY PR.OI'OSAL USE 7.'HIS FORM T~v~iEN BIDDER IS AN i~'1DIVIDUAL STATE O.F G~LIFORi1IA ) SS. COUN~~'I' OF S?1N DIEGO ) ~__.~" ) ~ ~~~ ,~_~,~,> ~ ~%_ ', affiant, being first duly sworn, doposes and says: that he is the bidder who makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, ror made in the interest or in behalf of any person not thnr`in named, and that the bidder has not,direc~ly or indirectly induced or solicited any other bidder to put in a she.:r, bid, or ar_y other person, firm or corpo- ration. to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Subscri?~ed and s?~~orn This ~ day of to before me _____. , 19 ~ ~ ;; -> ,> _ ~ ,% (Signatures) Notary Public in and for the County of -. ~ ,y State of `-.~'__.~ a-~.~ _.~_i ,..,,,. ,,.._ .. , .. , ........... . .....N,,.,,,,,,,,,,,,,,u„y `;COAL - ~., ~ ~ n = _i r Piy C~,c ~~ ~ . „_,., i` iS11 A~'r'IDA~; ~:.T -~ CCi~3'I~v1JED USE TxIIS FOR~"~1 WHEN t3iDDER IS A CO-U~:RTNERSHIP STE:TE OF :ALIFGRNIA ) SS. COL7?~'TY OF SA~1 DIEGO ) ^~ Affiant (s), being first duly sw:~r_n, each for himself deposes and says; That (Names of all Partners) are partners, doing business under the firm name and style of ~~ (Marne of Firm) and that said co-partnership makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or ir. behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put irY 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 colJ_u:~ion to ::•ecure for himself an advantage over ary other bidder, Subscribed ar~d sworn to before me This day of 19 ~. Notary Publa_c in and for the Cou:lty of __ ~ ~~, State of AFF ID~Z'IT -- CO%~1TIi~TUr,D USE 'IrtilS FORT-i i~~7HLN BIDDER IS A CORPORATION STATE OF CALTFC~RNIA ) SS. COUn;TY Off' SAN DIEGO ) or Mgr. Of cr. affiant, the President, Secretary of 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 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 :nannor sought by collusion to secure for its~l_f an advantage over any other bidder. Subscribed a.nd s~~rorn to before me This day of 19 Notary Public in and for the County of _~~ State of _ (Signature) President, Secretary or Managing Officer ~ ~ --~ , /~ ~ ~ _ BIDDERS BOND TO ACCOwi?ANv PROPOStiL F;L`'OW ALL MEN BY THESE PP.ESENTS , That I/j7e_ /~~N /ac- A~,~I~I~ The Travelers Indemnity Company as Principal, and _ '~~ as Surety, are held and firmly bound unto the City of Chula Vista in the sum ofT~~ ~,~,E,~,E-,yam -~~:/~~r.- ~~%.5'l ~i~/T !•~ ,t?%d ($ lc" o ~r,Bi ~) , to be paid to the said City or its attorney, its successors and assigns; for which .payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THy' CONDITION Oi THIS OBLIGATION IS SUCH: If the proposal of said Principal to install approximately 1,000 feet of 24" and 30" culvert with appurtenances in East Moss Street and Melrose Avenue in the City of Chula Vista, County of San Diego dated~~, ~ ~ ~.~,rer, is accepted by the City of Chula Vista, and if the above bounden /.~d'/~yl"fx ~.~',r%~~A his heirs, executors, admini- strators, successa~-s and assigns, shall duly enter into and exec~lte a contract for such construction and shall execute and deliver the two bonds described, on or before tre date specified in the "Notice of Award", which date shall be not less than ten (10) days (nct in- cli;ding Sunday), from the date of the mailing of a notice to the above bounden - C~l~'~/~c-~~~~~~~~_~ by and from the City of Chula Vista that said contract is ready for execution, then this obliga~ion shall becole null and void, otherwise it shall be and remain in full forces and virtue. IN ti^TITi~7L'SS Y,'~iEREOr , I/~ti'e hereunder set our hands and seals this des, o f ~ ,,T~l"~,,~' _ 19 ~: " .° . A'e~ covered by Bid ao+~d ServioQ Undertaking APPS V ~ AS T `, ; C1ty r~tt ?'i2 ~ V The Trav a Ind __ -' State of California County of San Diego } ss. On this 16th day of_ JUly ~ 19 6$ before me personally came Linda T.Meiser to me known, who being by me duly sworn, did depose and say: that She 15 a n Attorney(s)-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that ShCknow(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to he with the By-Laws of the said Corporation, and that S)'1Qigned her name thereto by like a ho ' w: , ~> >; ,.%~ ::~- :-P , RITA T. LOTHRID~~ ~ ~~'"~ ~- ~~ , r ~ `N('Tta-:~ PUBIJC Ct~i~iQtN;a ~ i ~ (; .'~/~__.~./ P~"r~r~o at Grp!- _ ~v (Notar Public) - i <, r..rc, ~_ ~ t - My Commiss;on Exp,res June 13, 1972 `~~-------- -----_ _. , . My commission expires ~-498 Rsv. 2-53 PRINTED IN V.S.A. _ ~ ~~ ~) ~~ ~~~ e premi~,m eAer~ Ere M~ . x^,C)?yD I~Gi? I+ur1Tk;RTxlL AMID LAIlOR bc+.:l is i:;,~~:,dr•Q in.tiu cL~ "'-' ..'. "-'-'" fsc the Prxf/nr-fuuavr lei. I~~~GGa ALL I~1F:i1 B`~' `~1iSE PRESENT'S, That I~6']E'._~~,'~ ~c-L /-//f',~/~%/~ the Contractor in tl~~e contract hC~reto annexed, as Principal, and The Travelers Indemnitg Companq ~ as Surety, are held and firmly bound unto the CITY Oi:' CriULA V1Si'A, a Municipal Corporation, located in San Diego County, Cali forCriia, ~'-k/~'T~6/~ ~HCIa.SiiN~ ~•~ Y'E'N /7!i//~r,'ttU lIl the sum Of L 7 ~ _. _, _. ,~ f ~x lawful money of the United States, for which payment, well and truly to be made, we bind ourszlves, jointly and severally, firr~ly by these presents. ~_. . ,~ ~ r ~ ! - ~- S igned , sealed and dated ~ J li' L ,Y ~:~ ~ /r~~ p ,~ 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 for any material, provisions, provender, or other supplies, or teams used in, upon, for, or about the performance of the work contra.eted to be done by said Contractor, namely, to furnish ail tools, et~ui.pment, apparatus:, facilities, transportation, labor, and mat~_rial, other than materials, if any, agreed to be furnished by the City, necessary to perf-orr~~ and complete, and to perform and complete i.n a good and workmanlike manner, the work of: installation of approximately 1,000 feet of 24" and 30" culvert with appurtenances in East Moss Street and Melrose Avenue in the City of Chula Vista, County of San Diego in strict conformance with the terms and conditions set forth in the contract hereto arne~:ed, or for any work or labor done thereon of any kind, said Surety will pay the same in an amount not exceedi:~g the sum hereinabove set forth, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the courts. This bond shall inure to the be;zofit cf any and all persons, companies, and corporations entitled to fi1.e c?..aims 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 Parsons Employed by Contractors upon Public Wor'ris, and the Claims of Persons who Furnish idat~rials, Supplies, Teams, Implements, or ~jacninery used or consume;; by such Contractors in the Perfornarce of such Works, and Prescribing the Duties of Certain Public Officers with Respect Thereto," approved _r,;=.y lU, 1919, amended; and t:-.L said Surety, for va'-ue received, hereby stipulates and agrees that no change, extension cf time, alter- ation, or addition to the terms of th^ contract or to the wf~rk to be performed thereunder or the specifications accompanying the samL shall in any way affect its oblig~.tions on tizi_s bond, and it toes hereby waive notice of any such changes, extension of time, alteration or. addition to the terms of the contract or to the work a~ to t'r~e speci.- ~_ The Trareie::s ,.>,'.-~-:c+-r ~.<::t;_~any fications. • actor ~ Aye $, APPRCV TJ AS ^10 FGF,~•t ~~rney-n•Fact ~ / ~~' ~ ~ f ~-.~ ~~ City At ~orriey State of ('~1i fonlin County of I,~~ ~~.r~e1eG } ss. On this ~ nt+' -day of •T~?? ^ ,, 19 ~ ~, before me personally came .T~•• ?i. *.~~ ller to me known, who being by me duly sworn, did depose and say: that he i~ ~n Attorney(-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed the foregoing instrument; that h2 know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to hire in accordance with the By-Lows of the said Corporation, and that ire signed },i ~ name rthereto ~ like authorit,~, ... ,,,.. . ,,, n , . . i:~FF;CiA~ SEAL, .,,.t I MAID i HA J. C.-,/~:;c= ~~, ~ ~.-,~ ~ ,: ~ ~r :~:. o NOTARY PUBLiC CALIFORfdIA PRINCIPAL OFFICE IN - ^t't}1~3 ,T• i~~t' se (Notary Public) ;,,,,,,,,,,,,,,,, LOS ANGELES COUNTY ~ .................................................................. ~ My commission expires- 1nT'il 3. 19F~ 1-498 Rav. 2-53 PRINTED iN u.s.e. ~-' /J ~~, /~ ~~~~ ~v°~~ ~0. 'C~C'J y' . BOtiTr FO:~ FA, . THFI3L PEPFC'_-Z~'!~1NC ~ The Pry ^- `: um ^'.;~ r=eed ~ f0~' ~~~~ ~~~ ~~~ th i s B ur.d ~ i ,~ ~ " ~~. ~~;~?tai :1LI., f~1EN BY Th SE PRESEL7'T'S, That I/h'e_ ~ /3~`if .~'L 1,'f1'' i ~ r-.9 , the Contractor in the contract hereto annexed, as Principal and 7'he Travelers Inde;nnity Company ~ as Surety, are held and firmly bound unto the CI~.`Y OF CHUu~ VISTA, a Municipal Corporation, located in San Diego Tiv ~ N ; y - /~'~.~~ C !~~ u.s N~ v .~. r,~ f%u.Nv~s'~ ~ County, California, in the sum of ,/ ~~,~ ~~,~~~, ~; ._ _ _ ~ ~r X T i~- /Y ~rt~'.~' ($~~?~==f `~~,) lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated ~.,/ L~ L y 2 % /ry ~' ~/ - ~-- The condition of 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 contracts to be performed by him, and shall furnish all tools, equipment, apparatus, facilities, transportaf~ion, labor and material, other than material, if any, agreed to be furnished by the City necessary to perform and co*~:plete in a good and workmanlike mznner, the work of: installation of approximately 1,000 feet of 24" and 30" culvert with appurtenances in East Moss Street and Melrose Avenue in the City of Chula Vista, County of San Diego in strict conformity with the terms and conditions set forth in the contract hereto a.~ne:~ed, and shall pay or cause to be paid, all persons who perforn labor for, or furnish materials to said Contractor, or to any subcontractor in the execution of the said contract, then this obligation shall be n:zll and void, ot'nerwise to remain in full force and effect; and the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such-. change, extension. of time, alteration or addition to the term; of the contract or to the work or to the specifications. The Travelers Iriclci.inity Company y .-' o d . r:.......__ -~_~ --- ~.~ ~~c-~ ~ ~) -___- ,, ~':' MILLER .A~{erney.;n.racc ~- ~~ _ _ C tractor ret~ APPRO~TED AS TO FORN:: ~ ~ City attorney • State of California. County of Laos Ar he l e s } ss. On this- ~ nt}' day of •Ttt]-`' ; 19 ~ ~ ,before me personally came .Ta~T ,;. "i.ller to me known, who being by me duly sworn, did depose and say: that he is . ~zl Attorney(7d-in-Fact of The Travelers Indemnity Company, the Corporation described in and which executed -the foregoing instrument; that },e know(s) the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority granted to }-lit„ in accordance with the By-Laws of the said Corporation, and that }~e signed }ti s name ttheresta,by.,lika,autlaorit ~,,,~,....,,... _ OFFICIAL SEAL~~.~~ I - ,,,r: r - ~ ~.~ ~ M,4RTHA J. CHASE _ :'~ ~ ~' = i _`' '•" ' . NOTARY PUBLIC CALIFORNIA c '~ r c --- ~ PRINCIPAL OFFICE iN ~ "*ATtha J. Ch a^e - (Notary Public) ~~~~ LOS,ANGELES COUNTY u My commission expire Anril. 3 19Fi~ L-49i Rev. 2-53 qqI NTED IN U.S.A. ~ Q (This affidavit shall b~: executed by the successful bidder in accordance with instructians in the Proposal R4+~uirements of this contract, but bidder may execute the affidavit vn this page at the time of_ submitting his bid) . ItiGN-COLLUS.ICi>> AFFIDAVIT To the City of Chula Vista, Department of Public Works, Division of yn ir,~:ering; The undersigned, i.n 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 o_f free competitive bidding and has nod accepted any deposit from any sub- contractor or materialman ti-~rough any bid depository, the by-la~•as, rules and regulatior_s of ~•~hicJz prohibit or prevent the Contractor from considering ar~y hid from any sub- contractor or materialman, ~•:hich is mat processed through said bid depository, or which prevent any sub-contractor or materialman from bidding to any contractor who does not use tha facilities yr accept bids fra:n er through such bid depository in connection with this contract. Business Address Si ature of bidder /" ~. Place of Residence Subscribed and sworn to before me this ~~ ~~ day of ~~, 19~. ~ ,^~ Notary P•ablic in and for the County of ~~ State ,~.~ r of California. „~,~. .,,,,.,,,,,~ ,,,.~,,,~,,,,,,,,, ,, , ~.W.,, ~~~.~~\ ~ETTYE M. ,n.?RIETA ~ ~`~~ F`..I~d=if ~l fit. ='~t .: ~N I .~,•„~~w„~,~~~,,,~,,,.~~„~,,,,~ ,,,,~,,.~~..,.„,~.4N,„~~~~~~ ~~~~,,,C~UNTY.,,.,.~„„~.•,~„~~ ~_~~ . ~Q.~ ,.,~ ~yi ~~-~-~ Notary Public BETTYE M. ARRIETA My Commisa~oo expires fu"ray 15, 1911 r i~ /~~~,~---7 rnum~Arm This Contract, made and entered into this ,5 ~~ day of ~`~ cc t ~c .s% 19~, by and betc~~een the City of Chula Vista, a charter ci - State of California, hereinafter called the "Owner" and ~- - • __, _ r- hereinafter cal:ied the "Contractor"; W.ITiVESSET:-i: That the Gwner and the Contractor for. the consideration, hereinafter named, agree as folloV~s : 1. ^he complete Contract includes all of the Contract L.ocuments as if set forth in full herein, to wit; The Advertisement for Bids; the Proposal; the Accepted Bid; the Affidavit to Accompany Pr_opo~al; the Faithful Perfor~lance Bond; the Labor and l~iateri:al Bond; the Plans and Specifications; Standard Specifications of the City of Chula Vista; this Contract and all addenda setting forth any modifications cr 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 installation of approximately 1,000 feet of 24" and 30" culvert with appurtenances in East Moss Street and Melrose Avenue in the City of Chula Vista, County of San Diego as set forth under the bid in the Proposal. (basic or alternate) All of the above work is on City property, and under the directions of the Engineer or other official designated by the Ow~ier 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 por- forrnance of the Contract on the basis of the accepted unit prices and the actual measured quurtiti_es of work done at such times as are stated in the Sgecif.-icatior.s, a:-id will ot'nen•~ise fulfill its obligations thereuna~r. 4. All time limits stated in the Contract Documerts are of the essence of this Contract. r CCv`I'Zi~CT - C.~r:tinU~=.d IN Trv'sTI`1,_,~;~ ~;II:=EREO ~ ti1G' pct=t1eS t1E.'Y'F t0 tidV~' E':%.ti:Llt:eCa t~"'ilS Contract talc day and year rirst above written. FCR THE CT~i'Y: 3 ~3Y -t~ , I hereby ce~-t ~_ty that i have ex~.rai nec this Con"c,~act a~aa f_nd i t to 'oe in aCCOYC~uT"!CC .v1"~:r1 ti~E' ~i:OVi gi ons Oi thr' S gate or Ca i ~.o'~'nia CTTj ~'.TTORI~E"r' /~~ ~,., CI'I`Y CLERIC F'OR TH '' CO~~TIZT CTOR : BY -~ TABLE Or CfJNTs N`l'S Section Title Page 1 Proposal Requ?.rements and Conditions 1 2 Legal. Relations 4 3 Prosecution and Prog~•ess 6 ~r Quaxltities, Measurement and Payment l0 5 Special. :~rovisi.or_s 13 ~~ ~ - ~~.~-~ SECTION 1 P"rZOr-OSAL REQUII:EP~'IENZ'S AND CO`JD1TZOidS 1-OI~EXAP~4INAT:i.O~~ OF PL~~NS SPBCIFICATlOc1S, SPECIAL PROVISIONS AiQD SITE OF ~~lORa~, The bidder is required to examine carefulllT the site of ar~d the proposal, p1_ar.s, specifications, and contract forms for the work contemplated, and it will by assumed that the bidder has investi- gated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the sped fications, the special pro~,,risions, and the contract. It is mutually agreed that submission of a proposal s'nal_1 be considered grima far_ie evidence that the bidder has made such examination. 1-02. PROPOSAL F CR.M: A.11 proposals must be made upon forms furnished by the Denartrnent of Public bdork's. 1-03 . REJECTIOiQ OF PROPOSALS CCI~ITAINING ALTERF.TIONS , ERASURES OR IRREGULARITzES: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or zlternative bids, in- complete bids, erasures, or irregularities of any kind. The right is reserved to rejeci: any and all proposals. 1-0~r. B? DDE ' S GUARAIv`I'Y: All b'.;_ds shall be presented under soaled cover. and shall. b: accompa- nied by cash, cashier's check, or bidder's bond, made payable to the City of Ch1a1_a Vista, for an ar•,.oun-t equal to at least ten percent (logo) of the amount of said bid, ar_d no bid shall be considered unless such cas.n, cashie_~'s check, certified check, or bidder's bond is enclosed therewith. 1-05 . PUB?,IC OPEiviNG OF PP.O?OShLS : Proposals will be ocer~ed and read publicly at the time and place in- dicated in the Notice to Co:ltra.ctors. Bidders or their aut'norizrd repreentativas are invit,~d to be present. ~7 r,1 rl il~, ai'7n Y'd OS T~h~_' C.G.`-!tYr3 Cam, 1f It x`i c~_ a~•Jd 3=G^_d , '.~1 ]_1 }7je tC) t'f1E; 104Je St 2: E'5~017S:L;)1C? b!_dC7°:c. Y+l'_rit)SE-' T~i"Up:7Sal COlllf_~.~~.~E?S ~~71.~;1 a)_1 tYlC' rC'~1u.irC-'iients dLSC'ilt%°C1. `~'i__ ~;<<:~iU, I_f Ii1.--.dC-', t+il~~ i~~ :;':c3C~E' Ldl_t~"11n Fhlrty (JQ) days after the openi,:lg of the bids. F11 bid: will be compared on the basis of the c:nairiLer's estirna~e of quantities of wor',{ +.o be done. 1--07. ;';;~;CtTJ__a0~ O~ CC~v~T'~ZT,CT: The contract s~ia?.l be signed by the successful bidder, and returned, together with the contrac~ bonds, ~~~ithin tern (10) days after the bidder has received notic` that the contract has been awarded. No propos~:~l shall be ccnsiderod binding upon the City unt~_1 the exe- cation of the contract. It shall be the reNporsibility of t'ze Successful 3i_dder to make an appointment within the above tine limit to sign the contract in the (.'lty ~ngil"iee?r~S offices and to discuss the convtruction operations Wi tYl t::e I;nCj1_n° r, Or his rep r2 Sentc.tlVE'.. t c;3_Zlir2 t0 E?XECUte a contract and f,~_le acceptable 'oonds as provi~~ed :"~e.~ei.n c~ii_thin ten (10) days after the bidder has received notice that the contract has been awarcaed, shall be. just cause fo:r- the annullr~ent of the award and the forfeiture of the proposal guaranty. 1-08. R~iL'R_v F' ~].DJ~k' S GUciR~~i`±'I~'~~: V~llthln. ten ()..0) dams after the award of the contract, the Clty of Chula Ulsta ;vll:.-Letui_?1 tflc''^-ci~'_rl Ot Cfi:('.C}iS ~.:CCOTil'OanylliCJ. the prcposals 4J'h].Cil arc i1Gt t0 be GOZ1S_iC~`red 1I1 I?aki7:g the aGiard. A)_1 Other y r0- posal gu~:.r~±,~tiF's wi)_].. be held until the contract has been finally executed, after which the cas.~ or checks :affil b~~ rettir_ned. Bid bonds will be returned upon rcqu.cs'c. 1-09. CCivTi SC`I' BCC %;S The Cos:; ra.ctor shall farnis:~ two (2) good and sufficient bor_ds. One of the said bonds s:-lall guarantee t~-le fait~~~fu _nti.rforn~ance of the said contract in the amoun~ oL ~_00;~ of tho total ti~i d price, and the etizor of sal d bonds shall be furnis?red in the a~-.o:~Ilt of 5 ~% of the total biCi yDYiCe. ~~A"1 act t0 SeCLlre DdVIil2nt Ot t)'ie CZalT(IS OL ~e~SOnS ~ii'.plO~Jed by Con- traCtOrS Li.pO.7 ^vtliJiiC WOr;{ , a:"iG t'17e claiiM:s O'= p~'rs0?1s GI)'10 furnish materials, S~.1p;~~)_leS, tr'_cil::~:, imr,lnl~C:ntS; Or iiic-l-C}'1J.I'iery uSCd Or COIl- su~-~ec by utach Contractors in t~:e perf_orm,ance of such Works, and pY4~scria~ir,c- ti:` c~ztiet of certain public oif?_cers With respect therEtO, " approved iva1' 10, 1919, aS amended. -2- The form of the bond required is attached with the proposal. 4~rhenever ary surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and materialmeri, becom insufficient, or the City ngineer has cause to believe tiZa such surety or sureties have become insufficient, a demand i;l f~ritirg may be mode o_f the Contractor for such further bor_d ar bonds or additional. surety,-, not exceedir_g that originally required, as is consider_ea necessary, not considering the extent of the .~~ork rernaininc~ to be done. Thereafter, no payment shall be made t~.pon such contract to the Contractor, or any assignee of the Contractor until suc'n further bond or bonds or additional surety has b~.en furnished. 1_-10._ _NO~?-COLLUSTOiQ PROVTSIO^3: The Contractor to whom this contract is to be awarded shall file a sworn i~Ton-CoJ_lusion affidavit executed by, or on behalf of, the person, firm, association ar corporation to wi1O the contract is a4;arded. This affidavit shall be executed and sworn to by the successful bidder before such persons as are authorized by the laws or the State of California to administer oaths, on the farm included in those contract documents. The original of such s~,aorn statement shall be filed with the City Clerk px-ior to t're az~~ard of the contrar~~„ SEC`l'I0~1 2 Lr~GAL RELATZOZ7S 2-Off. ~1LIEd L:'~~,OR: T?~tc Contractor sh~:ll forfeit as penalty to the City of Chula Vista, ter_ doJ_la~ s ($10.00) for each alien knoUrin;ly employed in the execution of the contract, by him or by any sub-contractor under him, or any of the work heroin mentioned, for aach calend4r day or portions thE:r::of c'.uri ng which such alien is permitted or r..equired to labor in violation. of the Provisions of the L"abor Code and in particular Sections 1850 to 1~5L~ thereof inclusive. 2-02. FOURS OE LALOi~: The Cor~t~:acior shall forfeit as penalty to the City of Chula Vista, ten dollars ($10.00) for each laborer, workman, or mechanic, employed in the execution of the contract by him or by any sub-contractor under hira, upon any cf the work herernentionc-d for each cal.enaar_ day during whic'r. said laborer, wor'•,.:~an, er mechanic is required or permitted to labor more than eight (~3) hours in violation of the Provisions of the La'~or Codu and in particular, Sections 1510 to 1816 t?~.ereof inclusive. 2-03 . I~<~EOZ r;z~cf:z~'~1_ ~~~r. ~ zo~~ i`i0 d1SCri?~?lnati_On shall 'IJG made In the emn1C1?riient Of perSOI1S upon public ti~aorks bsLause of the race, color or religion. of such p`rsons and every Contractor for public works violating trlis Section is Su'x7~G'Ct t0 a~ ~ pGi7alt.le:~ 1r'.1JOS:-_'d fOr a V101at1.On Of ~''Slc~.p"LE?' Z, Oi Part V1T, i_r~ accordance with the Provisions of Secticr.s 1735 of the Labor CodQ. ~: - The Contractor s:Zal1 fo1:f'eit as peralt1r to the City of Chi~.l.a Vista, ten da11.~.rs ($ 10. CG) for each laborer, ~~Tor',-~r„an, or moohar:ic °repi o~> cl f0i ea Ch Cai2ndar dciy, Or p0~"':10n tYlE:reO, ~.hc~- t Such ~ c~;~OI'e'L, GiOr;ti'[,-c.:n, or rnech~;.r~~_c is o.id less than the general prevailing rate of v;acas hereinafter stiulated for any worn dor:a under the attz.c'~od contract by him, or b1- any s~~.'p-cnntr~~ct.or under him, i n violation of thy. ProV]_•~_On5 oa t:?e Labor Code anc; lr. partlc:ul.ar :i•CCtlO.i 1770 to 1751 th::reof i7?.CIuSiV`~ . ` 1h^ Ci t_y Co~~~n^i I. o{ the C;it;~ ..r China Vista 'nas ~..sc2rtained the ~eii.?.i"ai- ~7r=`V~11:.i i1Ci rate Of ~~'uec appll~a'~lc t0 ti"lE'.. wOri t0 }Jc d021e. Said cag s are p:_Ci:Li ~d in tie "Notice to Contractors, " t~~hich is here~~y m:,de a part of these s~:eoifi~:atyor.s. ~ /~ .~ ,~~ ~. -~r- 2-0~. ne~~~Tz.sT~c P~„~~r~,P.~~ALS: Oiyly such ur_m~nufactured 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 Stat~:.~s, shall b~~ used in the performance of the contract i.n 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 Stato of California and shall next prefer supplies partially manufactured, grown or produt~ed in the State of California. Any person, firm or corporation who fails to compl~T with the Pro- visions of the Act shall not be awarded anv contract to which the Act applies for a period of three years from date of violation. 2-06 . INSLTT'1:P~~CL RE~~UIREP~IENTS Contractor shall, at his oTh~n expense, carry and maintain during the course of the work of construction, Workman's Compensation Insurance and Comprehensive Liability Insurance, naming the City of Chula Vista as an additional insured, in the amount of at least ene hundred thousand dollars {$100,000,00) for any occurrence resulting in the bodily injury or death of any one p~rsor.; three hundred thousand dollars ($300,u00.00) for any occurrence resulting in bodily injury to, or death of, more than one person; Automobile PropLrty Damage Liability in the amount of at least ten thousand dollars ($10,000.00); and ProneYt~% Damage Liability, other than Automobile, irl the amount of fifty thousand dollars ($50,000.00). The Contractor shall, within five (5) days after the awarding of. the contract, and before com:nenci:.g 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 ar_d effect from the time the work is commenced until completed. 2-07 . TAxT~s : All applicable State or Federal taxes shall be considered as included in the amaa:7t paid for the various items of work. The Contractor shall be responsible for pay:rtent of suc~i taxes to the proper govern- mental authority. -5- ~H.rm-rn~s ~RO::~ECL7.L~IOia ANL' PROGRESS 3-Ol. SLBL~,T`I'IVG AND 11SS1.GidMEti'7.': the Contractor shall give 'nis personal attention to the fulfillment of the contract ar~d shall keep the work under his control. Sub-cont-rz_ctors will not be r_oco,nized as such, and alJ_ persons engaged in the work of construction will be considered as employees of the Contractor and t'nei.r work shall be subject to the provisions of the contract and specifications. 'r~there a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the sub- contractor shall be removed immediately on the order of the City Engineer and shall not again be employed on the work. The contract ~:~ay be assigned only upon. written cor_sent of the City Engineer. ' 3-0?_. PROGRFS~ OF TAE I^~ORK AND TIt'~IE FOR C0i~1i'i,ETION: The Contractor shall begin work on or before the date specified in the "Notice of Execution of Contract", which date s'nall be not less than ten (i0) days following e~_ecution of t'ne con+:ract by the City. The Contractor s'nall provido to the Cite Engineer, written notice of the specific date up~`~n :•.hich he plans to co,ur~ence work. D7otice shall be given at least twenty-four (2~?) hours in advance. The Contractor shall prosecute the work to completion before the expir~.ti.on of T'IiZRTY (30 consecutive calendar days from t'ne date specified in the "Notice of Execution of Contract" by the City. 3-~3. CrL~Rc'1CT~':R Oi~ :~OR'_ti~EN: If any sub-contractor or person c~:~lloyed by the Contractor fails or refusal to carry oat the directions of tJze L,rigineer, or shall appear to the Engineer to be incompetent or to act irl a disorderly or im- proper man~~~r, ra shall be dischv.rred iT~E ~~i.a.tely on the order cf the Engineer, and such person shall not again be employed on the work. -~- ,~' ~~y 3-0~~ Tt:~iPC:RAF?Y SUc.>z'EZ~~IO~' Off' r~]CRK: The Enc{ineer shah Nave the authority to suspend the work wholly, or in part, for such period as he may dee.n necessary, due to un- suitable weather, or to such other conditions as are considered un- favorable for the suitable prosecution of the work, or for such tine as he may deem neces~;ary, due to t~-~e fail~;re on the part of the Contractor to cary~y out ox.•ders civet. or to perforn arty provisions of the work. The Contractor shall immediately obey such orders of the Engineer and s_^ai.l not resumo the work until ordered in writing by the Engineer. 3-05. TIME Or CO?~fPL~;•s'ION AND LI ~Lr?:r~TED DAMAGES It is agreed by the parties to the contract that, in case al?. the work called for ui:der tho contract is not completed before ar upon the expiration of the t1.me limit, as set fortr. in these specifi- cations, damage will be sustained by the City of Chula Vista, and that it is and will be impracti.c.~ble to determine the actual damaga which the City will sustain in the e~~ent of and by reason of such delays; and it~is therefore agreed that th` Contractor will pay to the City of Chula Vista the sum of fifty dollars ($50.C0) per day for each and every days delay beyo:~d 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 'wecom~ dzie, the Contractor under the contract. It is further agreed that, in case the work called for under the contract is not fina_Uh:~d arzd completed in al_L parts and requirements within the time specified, tY.e City Council shall have the right to extend thi time for completion or not, as may saem best to serve the interest of the City; and iy it decides to extend the time limit for the completion of the contact, it shall further nave the right to charge to the Contractor, his reirs, assigns or sureties, and to deduct from the final paymen-~: for the work alJ. or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and othez ovFarhoad expenses which are directly chargeable to the contract, and which accrue during the period of such exten:;ion, e,{cept that the cost of final surveys and prepa- ration of final estimate shall. not be included in suci charges. The Contractor shall not be assessed with ~.iquidated damages nor the cost of engineering and inspection dzAring any deJ.ay in the completion. of the work caused by Acts of God or of the Public Eno;ny, acts of the City, fire, floods, epidt:r;zics, quarantine restrivtions, strikes, freight embargoes, and unusually severe weather or delays of sub- contractors due to such causes; pr~~vid~~d that the Contractor shall, -7- ~ ~_ -05. CJ~~1?'_iLtFr~. ~~:ithin tE~.~ (lv; dar>s f_r.om the beginning of any such delay, notify the ~sngirne in ~•:~riting, of the causes of delay, who shall ascertain the facts ar_c7 t~ze extent o_ the delay, and his findings of the facts thereon shall be final and conclusive. -t~6. SUSPF~IS1""Oiv7 CiF C0~?TR:'~CT: If, at arty time, in the opinion of the City Council, the Contractor iias failed to supply an adequate working force, or material of proper quality, or has failed in any ot.~er respect to prosecute the wor]: with tre diiiger~ce 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 cr refuses to provide means for a satis- factory co^lpli ance with tY?.e contract, as directed by the Engir_eer, within the tir~le specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall dis- continue said work, or sue?~ parts of it, as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, ar~d thereupon the City Council, or its duly authorized representative may take possession of all, or anv part of the Con- tractor's materials, tools, equipment, and appliances upon the p-rer~ises, and usn the same for the purpose of completing said contract, and hire such force ana buy or rent such additional materials and supplies at the Contractor's expense, as may be necessary for the p;coper conduct of the wok and for the completion thereof; or may employ ot'ner parties to carry the contract to comL.,letion, employ the necessary workrne~~, substitute ct'r~er ~t. chinery or materi_ais, and pure?ease the mate~~ials contractLC, for, in such manner as t'ne City Council nay deem proper or tree City Counci 1 may annul aril cancel t'ne contract and re-let the woL;c, or any part thereof. Ary excess of cost arising therefrom over and above the contract price wi11_ be charged against the Contractor and his sureties, w.~o will be liable therefore, in the event of such suspension, all money due the Contractor or retained under t'ne terms of this contract shall be forfeited to the City; but such forfeiture will. not release the Contractor or 'nis sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with t'ne an;ount of money so forfeited tot,~Tard an_y excoss of cost over ar~d above tre contract prices, arisir:g from the suspension. Of the OperatiOn~ Of the Contract a d the COi'i?p~Et3Jn Cif file Work by the C1t j', c1S ~'Y~O'J_' prOVi ded, and ti1P_ ~;rJll.-`'c'1CtG1' 4','1.11 bE' SG CreC~itE'.'~,I t'.'1 t}1 anv ~=urplL.s remaining after all just C1c~iTi1S fOr SL1Ch COTit~letlO:Z ilaVe 'oeen paid. In the deteriinatien of the question ;~hether there has been any such non-cc:~,pi lance with the contract as -to warra'.-~t t'ne suspension or -8- annu2r:te~t :.-hereof, the decision of the City Council shall be binding on all parties to the contract. 3-07. RIGHT OF ti~?AY: The riUiit of U~ay for the wor7; to be done will be provided by the City. The Con::ract-or shall m~U.7ce his oem arrangements, and pay a.ll expenses nor additional area required by hin; outside the limits of right of way. -9- SECTIO~t ~ U~N`1'I's'IES , i~iE:F.SUREi-TENT AND P~Yl'--:ENT ~l--Ol. QU~yN'?'I1 IES The estirna .e o:c the quantities of work to b~ done and :«aterials to be furnished are appro,~imate only, being given as a basis for the comparison of bids, and the City of Chula Vista does not expressly or by i?r:plication agree that the actual amount of work will cor.respor_d theret~~i-th, but re servos t~.e right to increas` o=~ decrease the amot.nt of any crass oi: portion of the work or to omit portions of the ;ao?°' t'rzat may be deemed n~csssary or expedient by the Engineer. !~-02. P~F'tSTJaEif ~;?' Or' C)tZ ~i'dTITIES : P~ieasure~~ rzt of quantities sI~a11 conform to the provisions in S°ctior~ 9-1.01 of the State Standard Specifications except that all ma~~erial paid for on a by weight basis shall be weighed on a public scale. T'rc Contractor shall., at his otim e~.pense, f_u_nish Public weigh- master's certificates or certified daily summary weigh sheets, ~.nd a duplicate ~--veig'n slip or a load slip shall be furnished to each vehicle u;eighed and the slip shall be delivered to the Engineer at the po?_rzt of delivery of the material. ~-03. P~.Y~iL~~i~f: Payment ti's=a 11 be made at the lur~,.p s~.zrn or unit prices bid, said pay- ment being full comp: nUation for furni sizing all labor. , rnaterial~: , tools, an;; eq~aipm~n~~ an,a doing- all cork she=.In on t'ne plans or stip~,::- lat:ed in the Spec?_f:tcatic>n; and Special provisions for that part?_cular itela of wo..°k. Quantiti s of ~:.;aterials ;•.asted or disposed of i n a manner not called for under t'ro contract or placed outside t're pa.y lines indicated or_ the plans or_ approved by the Erigiveer, or rernal.ning on 1-:ard after completion of the ;~.~or-,, wi_'_1 not :fie. paid for. 404. EXri'?~, ~I~iDFC~ C.E AC :'OT.Ji~;T iJORn: Extra wor;c as 'r_erez_nbefore defin^ct, ~,~i~en Ordered and accepted, shall be paid n=or under a <<rritten warn ors?^r in accordance ;~Ii th t~ze terr~zs the Yeir. provide~3. Pay:;ent for extra ;Mork. ~,I~11 be ;Wade at th^ u;~~_t price or lu^zp s~A:t~. p_e;~i ol:slr~ a -reo;.' upon by t'-.e Contractor and the Engineer; cr by force account. If tide work is done on force account, t'ne Contractor shall receive the ac~~ual cost of al i mu'~eriais furnished by him as s'nown by his ~ ~^ ,ter, T1 ~-~ . r-0 r . CGr. ~ I~+ti+.' ~~ . pa~.d vouc7:ers, plu 15 percent„ For all labor, equipment and teams that ~ r~ neces~a.ry, he shall receive file current prices in the lo- cal.it~~, ~•~'^i. c.. shall :,tj.ve ben previously determined U_nd agreed to in writing by thera:lginee~ ar.d by the Contractor, p1t:s 15 percent; provided, he°.:ever, 'ghat the City reserves the right to furni sh such materials requlrea as It deems ncessary, and 'the Contractor sha11 havz no c1_airn for profit on the cost of such materials. The price paid fcr labor sha._1 incl.t.de any cor:pEnsation insurance paid by file Contractor. All extra ~vork and farce account Lti~ork shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily report shall th2reater be considered the true record of extra ti~ork or force account wor]L Gone. 4._05, CtL.=ji~7GE i~T t';O~.-~: The Contractor s'_~a-1 proceed c;~it'rl change in construction from t'rat 1T'iCltlded in tfLE' COn traCi: Upon reCE'1pt Of S. CilanCje OrCier fOr Same. Said change o;~c•ar shall be prepared in the oifica of file City Engineer and shall be signed :;y the City ynga.nee-r ar~d the Contractor to indicate agreement. 4-06 . PF~xI'.ESS P?~Yt~?Ei;TS The City shall, once iii eac:n ~lont'n, cause estimates in ~'~ritir_g to be made by the E:~~=_r-.ser cf t'ne tctal_ aY;ount ~f ~s:or~s done anc t~ze accepi.abl~ ?a ~or:_G ± _ furnished and de l .,..?,~srod by the Cont-~~ yc,CtOr O'1 ground an=; '~.~,~,'~ U~•°~;, tO tie tiii~P. G StZCiI eStiit':ate, any the ValU.c^ thereof. T':~a City ?tall retain 10 o~'-rL~nt of such estiriated va.lu` of the wor,~ done a-c 50 p erc~•nt of the v .tae of the materia is so eStlmatcCi t~J i"1a`•IE rein furnished and del]_Ve>;ed and UT711S°G as afOL'C- said as part security for the ful=il.'_~~n,~r_t of the contract by the CUi"1L:ti"ciC-CUr cZ- nG Si7S 11 ..O~it:'i 1.1T tO file ~^,Ont'l~a. Ct'»" ~~~hl ~_E.' t" ~1 T P~==Y ~ - , ca.r.~yin~ on the wor'~, the baia.rce nog; retained, as aroresaid, a.f-cer deductil:g tiler from all previo'~s payments and all suns to be kept ~r retained under the prOv1S1OnS O~ t''1S CGiltraCt. NO Si;Cil eStli~.ate Or p.~yiT,nt Srl:~_1 be I"eCiti~_ieG ~O be `:ad`, ~+Ileil i?: file ~UGgii!GiZt Gf fife irlglnE:.ei"", the ~~?Urk tS nOt p?_';;G'CCG'~11g' i n dCCOrdanC° With th~^ prUV1SiOTiS Of t'P_e COntraCt, Or :^''ler! 7..n hiS ]UQy"T?~~.Tlt file tO"_ca~- Vc.~.Ue O1 t1'1-~ wOl:k done sir:ce the last eetiiT:a.te amour_t:~ '.o letis than. $360.00. The E,rgin~~^~- ;:hal1 , after the completion Gf th:.' contract make a fin=.1 e ti:::a'~e of the amount of *~,°urk done t':`-reunder, and th~~ t-aloe -0- CO't~''Ii~1Ui~~:~: of Sl:iCtil ~i.'Or'.;, c':nG '~"11 t? (;1t~~ sYlall p~i1r t'!": E_' eIlf;i_rc: ~u1T? s0 f0'.:nG t0 bE' due afterdeducting therefro~-c all previous payments and all amounts to be }:ept and all amounts to Y?-~ retained under the provisions of the contract. x'111 prior partial estimates and payments shall be subject to r_orr`ction in t're final estin:at~ and payrlent, The final payment stall not :`,e due ar~u payable until ~_he expiration of 35 d~~ys fro,n date of acceptance of the wank by tha City Council. It is mutr;.ally agreed b:;t~~een the parties to the contract that no c^_rtificate given or payments .~~ade under the contract, e.rcept the final certi_fica eve or =ina1. pay.?ent, shall be conclusive `vidence of the per~orrnunr~e of the contract, ei~her ~>>holly or in part, against any claim of the City, and no payment shall be construed to be in acc.eptar.ce of any Defective ~r~or}~ or improper materials, And the Contractor fur~cher agrees that amount due under t'le contract, and the any work d:;ne in acco~~~danca wi th any a release the City, the City Council and claims or liability on account of ~oork or any alteration thereof. t'ze payment of the r ina 1 ad justraent and pal>~:~ont for Iterations of the same, shall the Encrineer from any and all performed under t'r~e contract ~- ~~~~: 3 -12- SEC^tION 5 SPECIAL PROVISIONS 5-01. STORM DRAINS AND DRAINAGE STRUCTURES: Storm drains and drainage structures shall be constructed in accord- ance with the plans, and the provisions of Section 13 of the Standard Specifications. 5-02. PIPE: 1. For the "Basic Bid" the reinforced concrete pipe along curves shall be in 8 foot lengths, 5° bevel at both ends. 2. For the "Alternate Bid" the free-flo corrugated metal pipe along curves shall have a 10° deflection elbow at intervals of 8 feet. From Station 0+73.03 to Station 1+14.69 of the pro- longation of the existing culvert, the pipe shall be new reinforced concrete pipe in 8 foot lengths with 5° bevel at both ends. 3. Approximately 16 feet of 30" RCP to be removed downstream of Station 1+14.69 shall be re laid in the new line between Station 1+15 and Station I+80 under the basic bid. Under the alternate bid the contractor shall remove such existing 30" RCP and load it onto City trucks. The cost of removal, or removal and relaying of this section of 30" RCP, as the case may be, shall be considered as included in the various items of work. 4. Install an eccentric pipe transition section flared from 24" diameter to 36" diameter between Station 5+00.53 and Station 5+05.53. 5-03. CONSTRUCT 15 FOOT TYPE B-2 CURB INLET: Remove an existing Type H inlet opposite Station 10+62.24 on the left side and replace with a standard 15 foot Type B-2 curb inlet. The existin3 drain pipes shall be incorporated into the new Type B-2 curb inlet. The frame, grate and "I" beam from the existing Type H inlet may be salvaged and utilized in the new Type B-2 inlet at the option of the contractor. The cost for the removal and disposa and approximately twelve (12) lineal nearest cold joint and incorporation the new Type B-2 curb inlet shall be contract price for "15 Foot Type B-2 -13- 1 of the existing Type H inlet feet of curb and gutter to the of existing drain pipes into considered as included in the Curb Inlet." 5-04. CONSTRUCT 15 FOOT TYPE A-2 CURB INLET: Remove an existing Type H inlet with two wings opposite Station 10+62.24 on the right side and replace with a standard 15 foot Type A-2 curb inlet. The existing drain pipes shall be incorpo- rated into the new Type A-2 curb inlet. The frame, grate and "I" beam from the existing Type H inlet may be salvaged and utilized in the new Type A-2 inlet at the option of the contractor. The cost for the removal and disposal of the existing Type H inlet with wings and approximately a foot of curb and gutter on each side to the nearest cold joints and incorporation of existing drain pipes into the new Type A-2 curb inlet shall be considered as in- cluded in the contract price for "15 Foot Type A-2 Curb Inlet." 5-05. CLEANOUTS WITH DROP INVERT: Construct a standard Type A cleanout at Station 5+08.03 and a standard Type F cleanout at Station 3+05, both with special drop invert as shown on the profile. 5-06. CONVERSION OF EXISTING TYPE H INLETS; Convert the two (2) existing Type H inlets at Melrose Avenue south of Inkopah into 10 foot Type B-2 curb inlets by adding a wing on the north side, as shown on the plans. The contract price for "Convert Existing H-inlet into a 10 foot B-2 Curb Inlet" shall include the removal and disposal of approximately 11 feet of curb and gutter on the east side and 8 lineal feet of monolithic curb and 90 square feet of sidewalk on the west side of Melrose Avenue. Such price shall also include the cost of modifying the existing structures. 5-07. REPLACEMENT OF MONOLITHIC CURB AND SIDEWALK AND CROSS GUTTER SEGMENT: It is required to remove sections of the existing curbs and gutters and monolithic sidewalk adjacent to all four (4) curb inlets ac- cording to Sections 5-03, 5-04 and 5-06 and also portions of A.C. pavement for transition purposes. The removal of all PCC material is designed to fall at existing construction (cold) joints and no saw-cutting is required. The removal of AC pavement shall be at least 3 feet in width. The contract price for "Transitioned Curb and Gutter Adjacent to Inlets" shall include the replacement of the monolithic sidewalk, approximately 90 square feet on the west side of Melrose Avenue. 5-07. CONTINUED: The contract price for "Remove and Replace Cross Gutter Segment" shall include the removal, disposal and replacement of approxi- mately 39 feet of curb and gutter within the curb return at the southeast corner of Melrose Avenue and East Moss Street. The contract price for "Remove and Replace Monolithic Sidewalk" shall include the removal, disposal and replacement of approxi- mately 310 square feet of sidewalk at the return of the southeast corner of Melrose Avenue and East Moss Street. 5-08. DISPOSAL OF SURPLUS EXCAVATED MATERIALS: All surplus excavated materials, except concrete shall be disposed of at the designated fill area west of Me lrose Avenue as shown on the plans. Area to be filled shall be cleared of weed growth prior to placement of fill. A.C. pavement shall be broken into lumps less than 12 inches in greatest dimension and placed below a plane 2 feet below finished surface. Fill shall be compacted to a minimum of 85/ relative compaction. The fill profile shown upon the plans represents the ultimate development. There is insufficient surplus excavated material available from this project to fill to the grade shown. The surface of whatever fill is achieved shall be neatly graded in such way as to drain in a westerly direction at not more than 5% slope. Additional imported fill will not be required. All work described under "Disposal of Surplus Excavated Materials" shall be considered as paid for under the various items of work shown upon the Proposal and no additional compensation shall be due therefor. 5-09. -REHABILITATE LANDSCAPED AREA: The contractor shall exercise caution in working within the land- scaped area west of Melrose Avenue so as to minimize disturbance of existing lawn, fence and other private improvements. Picket fence will be removed, stored in a safe place during construction and reinstalled. The top of backfill of the trench for the drainage pipe within the landscaped area will consist of six (b) inch thickness of imported garden (top) soil, and seeded with Butler Mills Mix #3 or approved equal, applied at 7 to 8 pounds per 1000 square feet of area. Prior to seeding, fertilize with an approved fertilizer at the rate of 40 pounds per 1000 square feet. Patch any grassed area damaged during construction with top soil, fertilize and seed as above. The contractor shall keep the seeded area wet and moist for five consecutive days. -15- ., 5-10. OBSTRUCTIONS: The contractor may, for his ease and convenience of construction, cut any existing sewer lateral and provide temporary by-pass and then reconnect at his own expense. Inquiries concerning utilities other than sewer laterals shall be directed to the servicing utility company. 5-11. PAVEMENT REPLACEMENT: Pavement replacement shall be in accordance with the provisions of Section 13-03. The thickness of AC shall be three (3) inches and the aggregate base shall be six (6) inches in thickness. 5-12. WATER SUPPLY: The cost of all water supplied and used in the_ course of construction of this project shall be considered as included in the various items of work as shown on the Proposal. 5-13. BASIC AND ALTERNATE BIDS: The bid, if awarded, shall be for either the work as described in the Proposal under "Basic Bid" or under "Alternate Bid." Con- tractors rna~x submit proposals under either one or both items. Zrhe amount of the bidders bond shall be based upon the lesser total bid. `~ ~ s ~ (~ ` / -16- t ne t ~aveters tnciemnity t;lompany Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby- make, constitute and appoint Linda T. Meiser of San Diego, California its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof not exceeding in amount Two Hundred Thousand Dollars ($200,000) in any single instance and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now ir. full force and effect: Axnct.r•. IV, SecTrox 11. The Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President, any Second Vice President, any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or o[her written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. AarrcLr. I\', Secrro~ 13. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, any Vice President or any Second Vice President and duly attested and seated, if a seal is required, bv_ any Secretary or am• Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee, anv Vice President or any Second Vice President and countersigned and sealed, if a seal is required, b} a duly authorized attorney-in-fact or agent; and any such bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligatron in the nature thereof; such signature and sett, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WI"I'NF:SS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be signed b~~ its proper officer and its corporate seal to be hereunto affixed this 3rd day of October 19 67 . THE TRAVELERS INDEMNITY COMPANY ~~_ SEAL •.O ~~)'~~~ ~~• : 3 U`''• ..~ ;ate c`~1 " *'' 1~.=1 St•crt•I,u~, I idc~lil~ .Ind tiuml~ ~,>> 5 State ~f Connecticut, County of Hartford-ss: t)n Ihi~ 3rd day of October in the year 1967 before nu' Ix~rson,tlly :~nll f ,. It„~~c~r ~V'heelcr to inr• Icuown, who, beiul; by me duly sworn, did delx,se and sa~•: that h~~ rrsidr; ut thy- ~i;rlr~ .,f t~onnecticut; that he is Secretar~• (fidelity autl Surety) of "l'llf? "1'RAVEI..h:IlS INUf~:11N1 I'1' f ~t1111';1V'1', Iln• corporation described iu and which executed the abo~~c instrunlenl; that hr kno~es the seal •,f ~:,Id . orlu,r.ltion; that the seal affixed to said instrument is such corlun-ate seal; that it ~~~as so affixed b~~ :,ulhoril; "I I,iS ufl~ice under the by-laws ul said corporation, and th.lt ht' sis;nrtl his name thereto by likr .,nfl;~,iif ;. GP0.ET' D.,lG ~ ~ ~ t F;~•NOTARY •.!~ ... ,y~'•, PUBI-IC ~' 9~pr'•...:..' O~~' {iOR~, ~. ~.,... -- Notary fuhlic My comntissiun expires April 1, 1969 -;~~~- l~ ~~ eI 1 J. /,'Cl~l'1 CERTIFICATION I, Wm A. Shrake, Assistant Secretary (Fidelity and Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 11. and 13. of Article.IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 16th day of July 19 6$ . S '.....vw; r~! ~~.~ ,. ~ `i -~~ ~, ~~ 8E•AL .` r~ ~' •.~ ,~ d o'~i 1.1869 (HACK) l,~'^^ .~ , ~~ Assistant Secretary, Fidelity and Surety ~~~~