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HomeMy WebLinkAboutReso 1950-1167 1950-1167 . �� � ' , �� � I �� �. 1 t� �� . RESOLUTION N0. 1167 � • RESOLUTION OF THE. CITY COUNCIL OF THE � CITY OF CHULA VISTA APPROVING CONTRACT � DOCUIt'fENTS FOR 3TREET WIDENING AND PAVING WORK AND DIRECTING PUBLICATION OF ADVER- i TISEMENT FOR BIDS � THE CITY COUNCIL OF THE CITY OF CHULA PISTA, CALIFORNIA DOES i HEREBY RESObVE AS FOLLOYIS: That those certain contract documents for the widening . I and paving of certain atreeta in the Citp of Chula Viata, a copy of which is attached hereto, be and the same ia hereby approved. That Aerbert V. Bryant, Administrativa Officer of the c ity of Chula Vista, be and he ia hereby authorized and directed to publiah the Notice to contractora inviting bids, a copy of which is attached hereto, for the time and in the manner required by law. ADOPTED, SIGNED AND APPROVED thi 24th day of August, 1950. � v yor o t e ty o C a ata� � � C ifornia. . , ATTEST: - /. � . .. : i�y Cler o the C ty o • • � • Chula Vista, California. , Y • � Passed and adopted by the said Council of the said City of Chula Vista, California, this 24th day of August; 1950, bq the following vote, to-wit: AYES: COUNCILMEN Riesland, Logan, Hobel, Kidder. NOES: COUNCILMEN None. ABSENT: COUNCILMEN Dewolfe. �iC�r�o t�e C1�Ch�V�ata, . Y California. . CITY OF CHULA VISTA STATE OF CALIFORNIA Speck)..,ProYlOi2 c.Y apoeal2 Ati4;_Contract • INDEX Subject Sheet NOTICE TO CONTRACTORS 1, 2 PROPOSAL REQUIRE/TENTS 3, 4, 5 SCOPE OF WORT 6 CONTROL OF THE WORK 7, 8, 9 CONTROL OF MATERIALS 10 LEGAL RELATIONS AND RESPONSIBILITIES • TO THE PUBLIC 11, 12, 13, 14 PROSECUTION AND PROGRESS 15, 16, 17 MEASUREMENT AND PAYPGENT 18, 19 SPECIAL PROVISIONS 20 QUANTITIES 21 MATERIALS 22 DESCRIPTION OF WORK 23 CONSTRUCTION DETAILS 24, 25 PROPOSAL 26 BIDDERS BOND Q7 AGREEMENT 28, 29 . -. . : .. : . : , � � � - . PRpA�SAL RDZUIRF?•..tII�iTS \ (a) General .Infoisation.—The City Clerk of the City of Chula �iata, California, aill receive at his ofiice� City Hall� in said City; until 7 o�clock P. t,t. on , sealed proposals for �ridening and paving Third Avenue betaeen "D" 6treet and "E" Street, "E" Street between Third Avenue and First Avenue, First Avenue beteeen "F" Street and Bonita Street, Second pvenue between "J" Street and "K" Street, "K" .Street. beteeen Second Avenue and Boaita Street between First Avenue and the Faet City Limite; Third Avenue,�and Hilltoo Drive between "J" Street and Telegraph P.oad. A total of a5out 1.7 oiles in length, to be widened and paved. (b) F7camination of Plana, Specifications, Special Provisions, and �ite of �iork.— The bidder is required to examine careSul�y the site of and the proposal, plana, ���: ' specifications, and contract forma for the work contemplated, and it eill be as- aumed that the bidder has investigated and is satisSied as to the conditions to be encountered, as to the character, quality, and quantities of work to be per- formed and materialg to be furnished, and as to the requirements of the specifica- tions, the special provisions, and the contract. It is mutual�y agreed that sub- miasion of a proposal shall be conside nd prima facie evidence that the bidder has r�ade such examination. (c) Proposal Form.—All proposals aust be made upon blank £orcis to be oDtai.ned £rom the City F.ngineer at his office at 292 Third Avenue, Chula Vista, California. All propoRals must give the prices proposed, both in writing and fi�ures, and must be aigned by the bidder, with his address. If the proposal is made by an individual, his naine and post-office address must be shovm. If made by a £irm or partner§hip, the name and post-office address of each member of the firm or partnership Liust be shown. Zf made by a corporation, the proposal must show the name of the state under the laws of which the corporation xas c:iartered and the names, titles, and business addreases of the president, secretary, and treasurer. (d) Rr.jection of Proposals �ontaining Alterations, Erasures or Zrregularities.— Proposals may be rejected if they show any alterationa of forra, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. The ri�ht is reserved to re�ject any and all proposals. 3 ' S � � • • • 1 ' . � (e) Bidder�e Guaranty.—All bida,shall be presented under sealed cover and . shall be accompanied by ceah� cashier's check, certified check, or bidder�s bond, made payable to "the City of Chula Vista, for an a�ount equal to at least ten per- cent (l0a) of the ataount of said bid, and no bid shall be considered unless such cash� cashier's check� certified check� or bidder's bond is enclosed therewith. (f) Award of Contract.—The axard of the contract, ii it be awarded, will be to the lowest responsible bidder whose proposal coanplies xith all the rPquirements described. The award, if made, will be made within thirt`y (30) d�ys after the opening of the bids. All bids will be compared on the basis of the �gineer�s ' estimate of quantities of aork to be done. (g) r'�cecution of Contract.--The contract ehall be signed by the successful bidder and returned, together aith the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice that the cor.tract has been avrarded, iJo proposal ahall be considered bitiding upon the City until the 'ezecution of the contract. ?ailure to execute a contract and file acceptable bonds as providr.d herein within ten (10) days, not including Sund�ys., after the bidder has received notice that the contract has been awarded, shall be 3uet cause for the annulment of the award and the torfeiture oC the pmposal guaranty. (h) Return o£ Bidder's Guaranties.--l4ithin ten (10) days after the award'of the contract, the City of Chula Vista will return the proposal guaranties accompar�y- ing such of the pmposals xhich are not to be considered in making the award. All other proposal guaranties eill be held until the contract has been finally executed� after which they will be returned to the respective biddera whose proposals they accompany. (i) Contract Bonds.--The Contractor shall furnish teo good and sufficient bonda. Fach of the said_ bonds shall be executed in a sum equal to at least one-half of the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor; and the other of the said bonds st�all be furnished as required by the teims ol an act entitled: "M act to secure the p�yment of the claima of persons employed by con- tractors upon public works, and the claims of pe.rsons who funush materials, sup- pliea, teams, implements, or machinery used or consu�ed by such contractore in ' � � . : ' ,' . - : ; - - ' - . the performance of such works, and prescribing the duties of certa.in public officers with respect thento," approved ??�y 10, 1919, as ar�ended. . Forc� of bond required may be examined at the of£ice of the City EYigineer or copies eill be furnished, i£ desired, to prospective bidders. Whenever any surety or sureties on ac�y such bonds, or on arly bonds required by law for the protection of the claims of laborers and naterial men, become in- suSficient, or the City Council hae cauae to believa that such surety or sureties have becone insu£iicient, a denand in xriting may be made oP the Contractor for auch further bond or bonds or additional surety, not exceeding that original]y re- quired, as is considered necessary, considering the extent of the xork remaining to be done. Thereafter no paysent shall be made upon such contract to the Contra- ctor or aqy assignee of the Contractor until such further bond or boreds or additional surety has been furnished< � 5 < • SCOPE OF WORK (a) Work to be Done. --The work to be done consists of furnishing all labor, methods and processes, implements, tools, machinery, and materials, except as other- wise specified, which are necessary and required to construct and put in complete order for use the portion of street or road designated in the contract, and to leave the grounds in a neat condition. (b) Alterations.--The City of Chula Vista reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer; also to make such al- terations or deviations, increases or decreases, additions or omissions, in the plans and specifications, as may be determined during the progress of the work to be neces- sary and advisable. (c) Extra Work.--New and unforeseen work will be classed as extra work when such work can not be covered by any of the various items or combination of items for which there is a bid price. The Contractor shall do no extra work except upon written order from the Engineer. For such extra work the Contractor shall receive payment as previously agreed upon in writing, or he shall be paid on force account. (d) Removal of Obstructions.--The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character to the construction of the street or road, if and as required by the Engineer. The Contractor shall remove and dispose of all trees designated by the Engineer as obstructions to the proper completion of the work. (e) Final Cleaning Up.--Before acceptance and final payment, the Contractor shall clean the street or road, borrow pits, and all ground occupied by him in con- nection with the work, of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat and presentable condition. 6 . , _ . . . . . . - CONIROL OF 'IHE 1YORK (a) Authority of the �ngineer.—The cngineer shall decide all questions xhich may arise as to the quality or acceptability of materials furnished and work performed, and as to the mannar of performance and rate o; progress o£ the xork; all questions . which ari=e as to the interpretation o£ the plana and specificatione; all questions as to the acceptable £ulfillment of the contract on thr part of the Contractor; and all questions as to claic�s and co�pensation. ihe Sngineer's decision shall be final and he shall have executivP authority to enforce azid �ake effective such decision= and orders as the Contractor £ails to carry out prompt�y. (b) Plans.--All authorized alterations aifecting the requirer�ents and information given on the approved plans shall be in xriting. ho changes shall be made of any plan or dravinq after the same has been approved by the Engineer, ezcept bf direction of the Engineer. Working drawings or plans for any st:ucture not included in the plans furnished by the �nPineer shall be appmvr,d by the �ngineer before any xork involvin� these plans shall be per£onaed, ur,less approval be aaived in writing by the Engineer. It is mutual�y agreed, however, that approval by the �gineer o£ the Contractor�s working plans does not relieve the Contractor of any responsibility for accuracy of dimen�ions and details', and that the Contractor shall be responsible for agreement and conformity oi his working plans xith the approved plans and �pecifications. (c) Conformity with Plans and Allowable Deviation.--Finished sur£aces in all cases shall confono with the lines, grades, cross-sections, and divasnsions shown on the approved pl az�s, lleviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the F?�gineer and auth- orized in writing. . (d) Coordination of Plans, Speci£ication=, and Special Prov=sions.—These spe- cifications, the p13ns, special provisions, and all supplementary doc�nents are es- sential parts of the contract, and a requirement occurring in one is as binding as thouRh occurring in all. They arP iniended to be cooperative, to describe, and to provide !'or a complete work. Plans s�all govern over specifications; special provi- sions shall govern orer both specifications and plans. 7 . . . . . _ . . . . (e) Interpretation oi Plans and Specifications.—Should it appear that the xork to be .done� or any c�atter relative thereto, is not sufficiently detailed or e�cplained in these specifications, plans, and the special provisions, t?�e Contractor shall apply to the F�gineer for such further explanations as may be necessary, and shall conform to such explanation or interpretation ae part o£ the contract, so far as may be •con- sistent with the� intent of t!:e original specifications. In the event of doubt or question relative to the true meaning of the specifications, reierence shall oe made to the Et�gineer, whose decision thereon shall be final. In the event of ar�y discrepaney between any drawing and the figures crritten thereon, the figures shall be taken as correct. (f) Superintendence.-=�Yhenever the ;ontractor is not present on any part of the Rork where it may be desired to give direction, ordere will be given by the Engineer in xriting, and shall be received and obeyeci by tne superintendent or foreman in charge of the particular work in reference to xh.ich orders are given. (g)� Lines and Grades.--dll distances *and measurements are given and will be made in a horizontal plane: Grades are given from the top of staices or nails, unleas otherrrise noted on the plans. Three consecutive points shoxn on the same rate of slope must be ueed in common, in order to detect any variation :rom a straight grade, and in case any auch discn- pancy exists, it must besraported to the Engineer. IY such a discrepancy is not re- ported to the Engineer, the Contractor shall be responaible for any error in the finiahed work. The Contractor shall give at least 24 hours� notice in writing �rhen he xill re- quire the services of the r',ngineer for laying out any portion of the nork. The Con- tractor shall furnish the Bngineer such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as Extra �'�ork. , The Contractor shall preserve all stakea and points set for lines, grades, or measurenents of the work in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacin� stakes that have been removed with- out proper authority shall be paid by the Contractor. (h) Inspection.—The �gineer shall at all times have accesa to the work during construction, and shall be £urnished with every reasonable Pacility for ascertaining 8 � ' � , . . . . . � ' • full fmowledge respecting tne progress, wor;ananship, and character of materials ased and e�ployed in the xork. :Yhenever the Contractor varies the p.�riod during w}�ich work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be pro- vided. Any work done in the absence of the �hgineer aill Ue sub,ject to re,jection. The inspection of the wo:k shall not relieve the Contractor of any of his obli- gations t� fulfill the contract as prescribed. Uefective worR. shall be made good, and unsuitable materials nay be rejected, notwith�tanding the fact ttiat such defective work and unsuitablc naterials have bean previous� overlooked by the �ngineer and ac- cepted or estimated for payment. Projects financed in whole or in part with state funds shall be subject to in- spection at all times by the Girector of Publio i'iorks, or his agents. (i) Removal oi i;efective and Unautnorized �brk.--All rork which is deFective in its conatruction or dePicient in arLy o£ the requirements ol these specifications shall be remedied, or removed and replaced by the Contractor in an acceptable ^_:anner, and no compensation rrill be alloaed for such correction. . Any work done beyond the lines and grades shown on the olans or established by the F7�gineer, or any extra work done without written authority, will be considered as unauthorized and uill not oe paid lor. Upon iailure on the part of the Contractor to comply forthwith nith any order of thr, F,ngineer made under the provisions o; this article, ttie �n�ineer shall have author- ity to cause defective work to be renedied, or �emoved and rep]aced, an3 unauthorized work to be removed, and to deduct the costs thereo£ froc� any moneys due or to becoae due the Contractor. (,j ) !%inal Znspection.--��henever the Rork provided and contemplatr.d by the con- tract shall have been satisfactorily complPted and the fir.al cleaning up performed, the Engineer nill make the final inspection. I 9 . . . . . . . CONTROL OF l.�AT�?IALS (a) Samples and Tests.—At the option of the �gineer, the source oF supp�y of each of the materials ahall be approved by the Engineer beion delivery is started and before such material is used in the xork. kepresentative preliminary samples pf the character and quality prescribed shail be submitted by the Contractor or producer of all materials to be used in the work, :or testing or examination as desired by the Rngineer. � All tests o£ materials lurnished by the Contractor shall be made in accordance �rit'� commonly recognized standar�s of national organizations, and such apecial methoda and tests as are prescribed in these specifications. The Contractor shall furnish such samples oF inaterials as are requested by the �gineer, without charge. No material shall be uaed until it has been approved by the Engineer. S�ples aill be secured and tested whenever necessary to determine the quality of caterial. (b) De:ective Laterials.--pll materials not conforming to the requirements of these specifications shall be considered as deFectiyQ� and all such materials, rrhether in place or not, shall be rejected. They shall be removed immediatel;/ irom the site of aork unless otherwise permitted by the �'ngineer. p;o re,�ected material, the defects o; ahich have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the Contractor to� comply with arry order of the �gineer aade under the provisions of this article, the �%ngineer s!�all have authority to remoYA• and replace defective oaterial and to deduct the cost of reraoval and replac?ment from any moneys due or to become due the Contractor. 10 � , . • . . � ' . .. . . . . LFGAL RELATIOVS /u�D ftESPONSIBILITIFS TO �41�' PU9LIC (a) Iaws to Be Observed.--The Contractor shall keep himsel: fully inforned of all existing and future State snd ?iational laws and all sunicipal ordinances and re- gulations oi tha City of Chula Vista xhich in arry manner aFfect those enga�ed or em- ployed in the work, or the naterials used in the work, or which in any pay afiect the conduct of tne work, and of all such orders a�d decrees of bodies or tribunals hav- ing any �jurisdiction or authority over tne same. (b) Alien Labor.--The Contractor shall forfeit as penalt� to the City of Chula Vista Ten Dollars ($10) ior each alien knowingly employed in the execution o: the . contract, by him or by any subcontractor under him� on any of the work herein men- tioned, for each calendar day, or portion thereof, during wh;ch such alien is permitted or required to labor i❑ violation of the provisions of the Labor Code and in particu- lar, Sections 1850 to 1851y thereof, inclusive. (c) Hours of Labor.—The Contractor shall Forfeit, as p�nalty to the City of Chula Vista Ten Dollars ($10) for each laborer� worl�an, or mechanic employed in the execution of the contract by him, or by a�y subcontractor under him, upon ar�y of the eork herein mentioned, For each calendar day during which said laborer, sorlman, or nechanic is rr.quired or pemitted to labor mon tnan eight (8) i{ours in violation of the provisions o£ the Labor Code, and in parLicular, Sections 1810 to 1816 thereof, inclusive. (d) I,abor Discrimination.—p�o discrimination shall be raade in the emoloyment of persons upon public works because o� the race, color or religion oi such pereons and every contractor for public work= violating this section is subject to all the penal- ties imposed for a violation of Chapter 1 oi °art VII, in acco n3ance with the proviaions of Section 1�35 of the I,abor Code. �e) Prevailir.g �Iage.—�e Contractor shall forieit as penaity to the City of City of Chula Viata ien Dollars (�10) for each laborer, norlanan, or mechanic employed, for each calendar day or portion thereof, sucn lanorer, workman, or nechanic is paid less than the general prevailing rate of eages hereinafter stipulated for aqy work done under the attached' contract, by nim, or by any subcontractor under hitp� in viola- tion of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 11 . . . . . . :. . : - . . . . . thereof, Sncluaive. . The City Council of the CiZy of Chula Viata has eacertained the general pre- vailing rrsgea applicable to the work to be done to be ae Pollowe: ClaeaiPication Rete per hour Apprentice en�neer, bncluding flremen, ollar, greaser - - _ _ _ _ _ l,gg Aaphaltplant firemen - - - - - - - - - - - - - - - - - - - - - - -- 2.06 Asphaltrakerend ironar _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ l,gg Bo�an or mlaer boa operator (ooncrete or aephalt plant) - - - - - - 1.95 Driver of dump trucka (lesa than 4 yarde mater level) - - - - - - _ 1.73 Driver of dump truoka (4 yards but lese than 8 yards uater level)- - 1.75 Driver oP Dump truoks (8 yarde but leee than 12 yarda water level) - 1.80 Driver of dump trucke (12 yards but leee than 16 yarfla water 3eve1)- 1.88 Drlver of dump trucka (16 yarda or more water level) - - - - - - - - 2.08 � Fl�n - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1.65 Heavydutyrepairmen - - - - - - - - - - - - - - - - - - - - - - - - 2.20 Heavy duty repairman - helper - - - - - - - - - - - - - - - - - - -- 1.88 �� Laborer - - - - - - - � - - - - - - - - - - - - - 1.65 � Motor patrol operator, including eny tupe oY prn+er blafle - - - - - - 2.38 (�� Rolleroperetor _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ g,� ScreedoperaLor - - - - - - - - - - - - - - - - - - - - - - - - - -- 1.95 � Trector operator - bulldozer, temper, screper or drag type, ahovel 2,20 � or boom attachmente - - - - -- . Nater truck driver-under 2,500 gallons - - - - - - - - - - - - - - - 1,7B . � ' Water truck drive r-2,500 gallone or more _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1.90 � ;� . Overtime - one and one-half (lp) timea the above ratee. 8undaye and holidays - one and one-half (la) times the above ratee, (f) Domestic Materiels.--On�y such unmanuPactured articles, materlala, sad eup- liee ae have been alned or ` p producefl ln Lhe United 3tutea, and only such manufactured artiolea, nateriels, and suppliea as have beem m�ufactured in the IInited Btates, eub- ' atantielly sll from articles, materlels, and supplies mined, produced, or eo menufa� tured ae the case may be, in the Dnited States, ehell be used in the performance oP the contract in accordance with the provisione of Sectione 4300 to 4305 01 the Covernment Code. Any person, Pira, or cor�oratlon who faile to coaply mith the provislone of the act ahall aot beawarded aqy contract to which the act applies Por a period of three qeare from date of violation, (g} Registration of Contractora.--Before submitting bids, contractore shall be liceneed 1n accordance vith the provieione of (3iapter 9 of Diviaion ZII of the Bueinase and Profesaione Code. (h) Permits and Llcenaes.--Tha Contrector ehall procure all parmite end llcenses, . pqy all chargee an8 fees, end give sll noticea neceasary en8 incidental to the due ea@ lawful prosecution of the work. � (i) Patents.--1'he Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or procesaes uaed on or incor- porated in the irork. (j) Public Convenience and Safety.--The Contractor shall so conduct his opera- tions as to cause the least possible obstruction and incor.venience to public traFfic. Unless other existing streets are stipulated in the apecial provisions to be used as � detours, all traific' shall be pexmitted to pa�s through the xork. Residents along the road or street shall be provided passage as far as practi- cable. Convenient access to driveways, houses, and buildings along, the road or street ehall be maintained and temporary cro�sings shall be pmvided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any one *.ime without the approval oi the F�gineer. The Contractor shall flirnish, erect, and daintain such fences, barriers, li�ts, and signs as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be en- countered as a result +hereof, and he shall al4o erect and maintain such warn_ng and directional eigns as may be Surhiahed by thc City. ' (k) Responsibility Cor Jamage.—Tne City of Chula Vista, the City Council, or the ti'ngineer shall not be ans�rerable or accountable in ar�y manner :or ar�y loss or damage that may happen to t'r.e work or ariy part thereof; or for any u�aterial or equip- ment used in perforr.iing the mrk; or for injury or da�age to any person or persons, either worlanen or the public; for darage to adjoining property from any cause what- " soever during the progress of the ivork or at any time before Pinal acceptance. The Contractor shall indemnit� and save hara!less the City oi Chula Jista, the City i.ouncil, and the Engineer fro� any suits, claios, or actione brought by arLy peraon or persons for or on account of any injuries or ciar,�ages sustained or arising in the construction of the work or in consequence thereof. The City Council may ee- tain so much of the money due the Contractor as shall be considered neceesary, until disposition has been nade of such suits or claims :or danages as aforesaid. (1) Contractor�s Rr,sponeibility for �+ork.--�'�ccept as provided above, until the :orr�al acceptance of the work by the Cit;/ Cour.cil, th� i:ontractor shall have tize charge and care thereof and shall bear the risk of injury or damage to any part tnereo£ by the action oi the elenents. or from any other cause, whether arising Prom the ezecution 13 or fro� tne non-ezecution of the work. The Contractor ahall rebuild, repair, re- etore, and make good all in�uries or damages to any portion of the xork occasioned • by any of the above causes before final acceptance and shall bear the expenae thare- of, except such injurie,s or damages occasioned by acts of the federal government or the public enea�v. (m) No Personal Liability.—Neither the City Council� the Engineer� nor ar�y other officer or authorized assistant or agent shall be personally responsible for any liabiL'ty ariaing under the contract. (n) Responsibility o= City.—'£he �ity of Chula Viata ahall not be responsible for the care or protection of any material or pa rts of the xork prior to final ac- ceptance, except as expreasly provided in these specifications. (o) :�'ire Hydrunta.—'rY�ee access s'�all be provided to all iire hydranta at all ti�es. The Contractor ahall not drax any �rater £roa a fire t�ydrant for uae on the eork, other than for eztinguishing fire, without first obtaining-pex�is=ion from the aater company cbncerned. � : . . . , . . � � . . . PROSF,CUTION AND PROGf2FSS (a) Subletting and Assignment.—The Contrnctor shall give his personal attention to the fulfillment of tlie contract and shall keep the xork under his control. Subcontractors vill not be recognized as such, and all persons engagfd in the work of constniotion will be considered as employees of the Contractor, and their work shall be subject to the proviaions of the contraet and speci:ications. Prhere a portion of the xork sublet by the Contractor is not being prosecuted in a rrtanner satisfactory to the City Engineer, the subcontractor shall be rer.:oved imme- diately on the requisition oP .the City F,ngineer and shall not again be einployed on the work. The contract m�y be assigned only upon writtr,n consent o£ the City Enpineer. (b) Progress of the �rork and Time for Coe!pletion.--The Contractor s�all begin work n*ithin fifteen (15) days after receiving notice that the contract has been ap- proved and shall diligently prosecute the saae to completion beiore the expiration of consecutive days (SaLurdays, Sundays and lPgal holidays excluded) from the datr. of said aoproval. � (c) Character of i'iorlanen.—If arry subcontractor or oerson enployed by the Con- tractor shall fail or refuse to carry out the directions of the nngineer or shall . appear to the Rngineer to be incompr.tent or to act in a disorderly or improper manner� he snall be discharged ir�mediately on the requisition of the &igineer, aiid such per- son shall not again be employed on the aork. (d) Temporar,� Suspension of �fork.--Thr. EnginePr shall !7ave the authority to sus- pend the work xholly or in part, for such period as he may deem necessary, due to un- auitable weather, or to such other conditions as are con�idered unPavorable for the suitable prosecution of the work, or :or such time as he may deem nec�ssary, Cue to thr. £ailure on the part of the Gontractor to carry out orders �iven, or to perforo ' aqy pro•�isions of the work. The Contractor 'shall imnediately ObP,� such order o£ the Engineer and snall not resume the work until ordered in writing oy the Engineer. (e) Time of Completion and Liquidated Damages.—It is agreed by the partiea to the contract that in case all the work called ior under the contract is not conpleted before or upon thr, exciration o� the time limit a� set fortn in t�ese speciiicationa, da�age rrill be sustained by the City of Chula `�ista, and that it is and will oe im- practicable to deternine the actual damage rr;iich the �ity will sustain in the event 15 oS and by reason of such delay; and it is thr.refore agreed that the Contractor will pay to tite City of Chula Vista the sum oS rift,y Dollars (m50) per da}r for each and ever,� d�y�s delay beyond the time prescribed to complete the work; and the Coiitractor agrees to pay such liquidated damages as herein provided, and in case t1e same are not paid, agrees that the City of Chula Vista may deduct the a.aount thereoP from any money due or that may become dur. t�e Contractor under t!�e contract. � It is further agreed that in case the work called £or under t1:e contract is not Finished and completed in all parts and reqvirements rithin the tine specified, the City Council shall have the right to extend the time £or completion or not, as may see� best to serve the interest oi the City; and if it decldes to extend tae ti�ae li�ait for the cou�pletion of the contract, it shall furtaer have the right to charge to the Contractor, 'iis heirs, assigns or sureties, and to deduct from the :inal pay- ment for the work, all or arvr part,as it may deem proper, oF the actual cost of engineer- ing, insp-ction, superintendence, and other overhead expensss rrhich are directly charge- able to the contract, and whicn accrue during the period of such extension, except that tlie cost of final surveys and preparation oi final estinate shall not be included in such charKes, , . '1'he Contractor shall not br_ assr.ssed nith liquidated damaKes nor the cost of er,gineering and inspectiot� during ar� delay in the completion of the sork caused by acts oi God or of the public enertq�, acts nf the City, fire, floods, epide,�nics, quaran- tine restrictions, strikes, freight er�bargoes, ar,d unusually severe vreather or delays of aubcontractors due to suc� causea; proviheci, that�the Contractor shall Rithin ten (10) days �rom the beginnin� of any �uch del�,y notify the Enginerr in ariting oi the causes oi delay, who shall ascertain the facts and Uie extent oP del�y, and his find- ir�s oi the facts thereon shall oe final ard conclusive, (f) Suspension oF Contract.--If at any time in the opinion oi the City Council the Contractor has iailed to supply an adequate norking :orce, or material of proper quality, or has failed in ar�y other respect to prosecute the woric nith the diligence and force specified and intended in and by the tenns ol the contract, notice thereof in �rriting xill be served upon hiro, and should he neglect or refuse to provide means for a satis!'actory compliance xith the r_ontract, as directed by the Engin�er, wlthin the time speciiied in such notice, the City Counc�l in any sucn case shall hav- the , power to suspend the operation of the contract. Upon receiving notice of such suspenszon, 16 9� . , . . . � � the Contractor shall discontinue =aid work, or �uch parts oi it 'as the City Council may designate. Cpon such suspension, the Contractor�s contmi shall terminate, and thereupon the City Council or its duly authorized representative clay take possession � oi all or any part oi the Contractor�s materials, tools, equipr.ient, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional mat�rials and supplies at the Contractor�s ex- .pr.nse as::may::be necessary for the proper• conduct of the work and for th- completion thereof; or may enploy4other parties to carry the contract t� comoletion, employ the necessary worlaaen� substitute other machi.nery or naterials, and purchase the materials contracted for, in such nanner as the City i,ouncil m�y deem pmper; or the City Council may annul and cancel the contract and rrlet the Nork or arpr part thereof. Any ezcess oi cost arisinR there:rom over and above the contract price rrill be charged against the Contractor and his sureties, who rrlll be liable ttierefor. In the�event of such suapension, all money due the Contractor or retained under the te:�s o£ this contract shall he forfeited to the City; but such £orfeiture tivill not release the Contractor or his sureties £rom liability or failure to fulfill the contract. The Contractor and his eureties xill be credited with the anount oi money so for£eited toward any excees of cost over and above the contract price, arising fron the su�pension of the opera- tions of the contract and t4e conpletion:oF the nork by the City as above provided, and the Contractor xill be so credited rrith a�y surplua reciaining after all just claims for such completion have been paid. In the determination o£ tne question whether there has been any such non-coLpliance �rith the contract ae to warrant the suspension or annulment thereof, the decision of the City Council shall be bindir.g on all parties to i;he contract. (g) Right o° ��ay,—mhe right of way £or the work to be constructed will be pro- vided by the City. The Contractor shall mak^ his own arrangemr.nts, and pay all ex- penses for additional area ^equired by him out�ide o_° th� limits of right of.w�y, �_ less otherwi�e provided in the Snecial Provisions: ' 17 1�..ASURF�fF•NT AND PAYLfENT , (a) 9ctra and Force Account �9ork.--�ctra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work o:der in accordance aith the ter.ns therein provided. Payment for e�ctra work vrill be made at the unit price or . lump sum previously agreed upon by the Contractor and the Engineer; or by force account. If the work is done on force account the Contractor shall receive the actual cost oP all naterials furnished by him as shown by his paid vouchers, plus fifteen percent (1$�), and £or all labor, equipment and teams that are necessary he shall receive the current pricea in the locality, which ahall have been previous�+ determined and agreed to in writing by the jngineer and by the Contractor� plus fifteen percent (15;3); Pro- vided, however, �hat the City reserves the right. to furni9h such materiale required as it deems expedient, and the Contractor shall have no claim for pro£it on the cost of such materials. The price paid lor labor shall include aryy compensation insurance paid by the Contractor. , . . All extra work and force account shall be ad,justed dai�y upon report sheets, pre- pared by the �gineer, furnished to the Contractor and signed by boL`� parties, xhich daily reports shall thereafter be considered the true record of eztra work or force account work done. (b) Progresa Payaenta.--The City shall, once in each month, cause an estimate in writing to oe made by the City Engineer of the total amount oi work done and the ac- ceptable materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. The City of Chula Viata shall retain ten percent (10�) o£ such estimated value of the xork done and fifty per- cent ($0�) of thc value of the materials so estimated to have been furnished and de- livered and unused as aforesaid as part security £or the ful:illment of the contract by Lhe Contractor, and shall monthJ,y pay to the Contractor� ahile carrying on the xork, the balance not retained, as aforesaid, after deducting tharefrom all previous payments and all sums to be kept or retained under the proviaions of the contract. No such estimate or p�yment shall be required to be taade, when, in the judgment oB the City F�gineer, the wark is not proceeding in accordance xith the provisione of the contract� or when in his ,judgment the total value of the nork done since the last estimate amounta to less than three hundred dollars(�300). (c). Final Pa4yment.—The City �ngineer shall, after the completion of the contract, ' 18 make a final estir�ate oi the a�ount of eork done thereunder, and the value of such xork, and the City of Chula Vista snall pay the entire sum so found to be due after deducting thereFron all previous paycients and all amo�lnta to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and p�yments shall be sub�ect to correction in the final estimate and payaent. The final 1 payment ahall not be due and payable until the expiration of thirty-five (35) days from the date of acceptance of the work by the City �ouncil. It is mutually agreed betxeen the parties to the contract that no certificate given or p�yments made under the contract, except the final certi£icate or final p�yment, ahall be conclusive evidence of the performance of the contract, either aholly or in part, against any clain of the party of the first part, and no payment ahall be construed to be an acceptance o: any defective work or improper materials. And the Contractor fLrther agrees that the paptaent of the final amount due under the contract, and the adjustaent and payment for any xork done in accordance aith any alteratione of the same� shall release the City o: Chula Vista, tne City Council, and the �hgineer from aqy azd all claima or �liability on account of work performed under the contract or any alteration thereo�. 19 SPECIAL PROVISIONS The xork embraced herein ahall be done in accordance lrith the appropriate provi— sions of construction details, of the Specifications entitled "State of California, Department of Public Y7orks, Division o: Hig%mays, Standaid Speci£ications, January, 19�9," insofar as the same may apply, which specifications are herainafter referred to as the Standard Specil'ications� and in accordance with the following special pro_ visions. Whenever in the Standard Specifications the following ter.ns are used, they shall be understood to mean and refer to the folloaing: Departaent of Public Works, or Division oi Highvays--ihe FY�gineering Department. Director of Public YPorks—The City Fhgineer. F1�gineer--'i'he City �gineer, acting either directly or through properly authorized agenta, such agents acting within the scope of the particular duties entruated to them. Laboratory--The designated laboratory authorized by the City o? Chula Vista to test materials and xork involved in the contract. State--The City of Chula Vista. Other texms appearing in the Standard Specifications, the general pmvieiona, and these special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. In case of conflict between the Standard Speci£ications and these special provisiona, the special provisiona shall take precedence over and be used in lieu of such conflicting partions. FSccavation suitable for fill to be retnoved fror� the site of xork shall be deposited at the iYest of Thixd Avenue between Kimball Terrace and Sea Vale Streets as directed by the City Engineer. � �x • � ������� 7G�7f�FlE��3E�f�7 f���Y 20 QUANTITIES � The folloxing preliminary estimate of the quantities of work to be done and materials to be furnished are appmzimate on�p, being given as a basis for the com- parison of bids, and the City of Chula Vista does not expressly or by implication agree that the actual amount of vork will correspond therexith, but reserves the right to increase or decrease the amount of any class or portion of the work or to oait portiona of the work that may be deemed necessary or e�cpedient by the Engineer. Item Description Approx. Quanity 1. 250 Sq,yds. Grading� shaping and compacting earth ahoulders and gutters per sq.yd. 2. 546 Cu.Yda. Roadaay ezcavation and disposal of material per �y.yd. j� 5068 Sq.yds.�porLedtBorrow furniahed and in place . per aq.yd. 4. 21,318 Sq.IflAaphaltic paint binder furnished and spread per sq.yd. $. 1894 Tone' Plant mix ilirnished and in place per ton 6. 25020 Seal coat and sanding flzrnished and spread Sq.Yds. per aq.yd. GRAND TOTAL 21 LiATERIAIS ltie Contractor shall Surniah �for uae under these special provisione all muterials required to complete the attached contract. 22 DESCRIPTIaN OF WORR The work to be done consists of the xidening and the conetruction of plant mix pavement on Third Avenue betwaen "D" Street and "E" Street, "E" Street betaeen Third Avenue and First Avenue, F7rst Avenue between "E" Street and Bonita StreeL� 3onita Street between First Avenue and the East City Liciits, Second Avenue between "J" Street and "K" Street� "K" Streat between Second Avenue and Third Avenue, and !{illtop Drive betseen "J" Street and Telegraph Road as shown on the plsns. � 23 CONSTRUCTION DETAIIS Subgrade Preparation.--Subgrade for pavement to be placed on ezisting pavement ehall be class "E" Subgrade prepared as specified in Section 14� Chapter VI of Standard Specifications. � ; � Subgrade for pavement to be placed' on vridening strips and borders shall be ; clase "D" Subgrade prepared� 'as specifiefl in Section lli, Chapter V o£ Standard Spe- . .. cificationa. ' . ' , . , s � Farthwork.--Earttt�rk 'shall be perfo�ed in accordance with the requirements of t • � Section 12 of the Standard Specifications, except as herein modified. 'rlill compensa- � tion for all haul and overhaul shall be considere�' in the price pai3 per cubic yard for roadeay excavation, and no addition allowance rrill be made therefor. Excavation around trees, poles, or other pemanent ob�ects ehich are to remain within the right of way shall be completed by hand, in order to avoid ar�y in�ury or damage to such ob,jects�. F1i11 compensation £or all such hand work shall be considered as included ,in the price paid per cubic yard £or roadw�y excavation, and no additional allowance xill be made therefor. F�ccavation to be removed from the site of work shall be deposited '�Fest of Third Avenue between Kimball Terr�ce and Seavale Streets as directed by the City nngineer. ��t��3Y.itd(��X�7CY�t3C�YBCEQ6�dG3d'6(B�tX 7�YdC7d�XXd(d6%SCE1�Yd(f� gg 7�d(d�(�7�7�C�CtY�C7�(EC�dX��7(�@C�9IX�RSft7C3�X� ��F�G%dX����f�SS�'��rR�C�Yd�CX�Cd[X�d7�CXAbIdF4O�[Y X�dCK�l�X Asphaltic Paint Binder:--Asphaltic Paint Binder shall be applied according to the requirements of Section 61 of Standard Specifications. Plant-ldix Surfacing.—Plant-miz surfacing shall conform to the requirements of Section' 28 of the Standard Specifications, using 3/8" ma�cimum aggregate, dense graded mixture and mixing eith steam refined asphalt of grade 200-300 which shall conf'orm to Section 63 of Standard Specifications. Self propelled mechanical spreading and finish- ing eqiiipment�is" tb be used and shall conform to the requiremehts of Chapter VII of Section 28 of Standard Specifications. Seal Coat:—After all other work has been completed, and as required by the i Engineer, a Class "D" seal coat consisting of asphaltic emulsion, penetration type, coriforming to Section 23 of the Standard Speciiications shall be applied to the entire � 21� width of completed plant-mixed surfacing, beginning where the surPacing is oldeat. Asphaltic emulsion shall be applied at the approzimate rate of one-tenth (0.10) gallon per square yard, the exact rate to be determined by the Engineer. Sand:—Lnmediately following the application of asphaltic emulsion as a seal, , a sand cover shall be uniformly spread over the entire area of plant-mixed sur£acing. The sand shall be clean and of such size that all will pass a No. 4 sieve, and shall be spread at a rate of not to exceed ten (10) pounds per square yard, the exact rate to be detereiined by the �'ngineer. Quantities of sand to be paid £or vrill be deter- mined by xeighing as provided in Section 9, article (a), of the Standard Specifications. The prices paid per ton for asphaltic emulsion (seal coat) and sand (seal coat) shall include full compensation for furnishing all labor, materials, tools and equip- nent and doing all work incidental to applying the seal coat as above speciPied. Imported Barros:--Imported barrox shall consiat of granular material free froa clays, organic saterial and other deleterious aubstances and shall conform with the follo�ring test requirements when tested in accordance with provisions o£ Section b • of the Standard Specificationa. � Grading Sieve Size $ Passing 1" 100 % N2oo 5to15 � Bearing Ratio !�0 5!in. � Expansion 2� Maz, . 2$ �oPOSia, TO T'?E CITY COiR:CII. OF Tf�, CITSC OF CHUL,: PISPp The undersi�ed dec2ares th�t 3e has cerefully ezamined tre location o� the proposed mork, that he has eaa:..ined the Dlans and apecifications, and rer.,d the' ec- companying Snetructlons to bldflere, and hereby pr000ses to furniah ell mnteriols and do all the work required to com�lete the anid work in�accordance wlth said plans, if any, apecifications, rind sneciel nrovisions, for the unit price or lw�n eura aet forth Sn the follotivin� echedule: Item pp�rox. Items with unit Drices written in �rde Unit Prlce Total uantity 1. 250 Sq. Yde. Grading, shaping and compacting earbh ahoul8era 8nd guttere per sq. qd. 2. 546 �. Yde. Road�v¢J eacavatlon and dleposal of aaterial per Cu. yd. 3. 5068 Sq.Yde. " .jmpprtec#„Bori�w furnished and in place par S4. yd. 4. 21,318 Sq.Yda. Asphaltic paint binder furnlshed end spreafl per Sq. yd. 5. 1894 Tons Plent mia furnished end Sn place per ton 6. 25020 Sq.Yda. Seal coat and sending furnishefl and epread per sq. yd. GR:+bID TOTAI. The undersi�ned iurther a�ees thet in case of default ln eaecuting the requlred , contract, nvith neceesary bonde, within ten (10) �qys, not including Slindqy, after hae- in,3 recelved notice tbat the contract le ready for si�eture, the �roceeds of the cheak or bond accompanying his bid shall becaaae the proparty of the City of Chula Pista. Licensed in accordance vrlth an ect providing for the re�istration of controctore, Licenee I�IO. . Sigaature of Bidder IP an individual, so etate. If a firm or co-nartnerhsip, etate the firei nnme end glve ths nemea of ell individusls co-partnare oomposing the firm. IZ e oorporation, etate legal nane of corpora- tion, also nacies of preaident, 'secretary, Lreaeurer and manager thereof.) DATED: , 19 Buslneas hddrees �6 ` � � . . . � . .,1, . • ' ' ` BIDDF.Fi'S BOND TO ACCOLtPANY PROPOSAL KNOW ALL MEN BY 1"ciFSE PR�ENTS, That we, as principal, and as surety, are held and finnly bound unto the City of Chula Vista in the swn of Dollars, ($ ), to be paid to the said city or ita certain attorney, its successors and assigns; for which payment, well and tru�y to be made, ne bind ourselves, our heirs, executora and ad- �inistrators, successora or assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION IS SUC4, That if the certain proposal of the above bounden LO.perfox�,:the folloving xark: City of Chula �ista, Third Avenue between "D" Street and "F." Street, "E" Street between Third Avenue and First Avenue� First Avenue between "E" Street and Bonita Street, Second Avenue between "J" Street and "K" Street, Bonita Street between H�irst Avenue and the East City Li�pite, "K" Street between Second Avenue and 'rhird Avenue, and Hilltop Drive be- tween "J" Street and Telegraph Road. A total of about 1.7 miles in length� to be widened and paved. dated , is accepted by the City oS Chu13 �ista, and if the above bounden � his heirs, executors� administrators, successors and assigns, shall duly enter into and ezecute a contract for such con- struction, and shall execute and deliver the two bonda described within ten days (not including Slu�dqy) from the date of the mailing of a notice to the above bounden by and from the said City of Chula Vista that said contract is ready for execution, then this obligation shall become null and void� othervrise it shall be and remain in full force and virtue. IN WITNESS PiH�tFAF, F�e hereunto set our hands and seals this day oP , 19 27 � . . : AGRS�T�_.NT . CITY OF �UI.A VISTA This agreement, made and concluded thia day of � between the City of Chula vista, party of the first part, and Contractor� party of the second part, Article I--7Vitnesseth, That for and in consideration o_` the p�yments and agree- ments hereinafter mentiohed, to be made and pe.rforraed by the said party of the firat part� and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, sai.d party of the second part agrees with the said party of the first part, as his oFn proper cost and expense, to do all the work and furnish all the materials, ezcept such as are mentioned in the speci£ications to be furnished by said party of the first parj, necessary to conplete in a good, xorkman- like, and subatantial �anner City of Chula Dista, �'hird Avenue between "D" Street and "E" Street, "E" Street between Third Avenue and First �lvenue, Firat Avenue between "E" Street and Bonita Street, Second Averrue between "J" Street and "K" Street� Bonita Street between Firat Avenue and the East City Limita� "K" Street between Second Avenue and Third Avenue, and Hilltop Drive between "J" Street and Telegraph Road. A total oi about 1.7 miles in length, to be widened and paved� in accordance xith the special pm vieions therefor, and also in accordance with the apecifications entitled "State of California� Department of Public Ylorks, Division of Highways, Standard Specifications� January 1949�" xhich said special provisions and atandatd specifications are hereby specially referred to and by such reference aade a part hereof. Said work to be done is shomi upon the folloxing plana: City of Chula •Vieta Street impnovement pro�ects no. 9� 10, 11, 12, and 13, which said plans are hereby nade a purt of this contract. Article ZI—elnd ihe:5said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work con- teaplated and, er�braced in t!�is agreementyalso for all loss or damage arising out of the nature o£ the xork atoresaid, or from the acts of the elements, or From any un- foreseen difficulties or obstructions ahich c�ay ariae or be encountered in the prose- cution of the work until its acceptance by the City of Chula �iata and for all risks of every deacription connected xith the work; also for all expenses incurred by or in ' 28 . 1 3 . . r conaequence of the suspension or discontinuance of work, and for well and iaithful�y completing the work, and the ahole thereof, in the manner and accorciing to the plane and speciPi@ations, and requirements of tha Engineer under them, to wit: Item Approx. Items with unit pricea written in aorda Unit Total — Quanity Price 1. 250 gq,yeB, Grading� ehaping and compacting earth ehoulders and guttera per sq. yd. 2, 546 Cu.Yde. Roada�y excavation and diapoFal of mater- ial per n� yd. 3. 5068 3q.Yds. rmported�gor�as i'urnished and in place per sq. yd. • jy. 21,318 Sq.Yda. Asphaltic paint binder furnished and spread per sq. yd. 5. 1894 Tons Plant mi�c furnished• and in place per ton 6. 25020 SQ.YBs. Seal coat and eanding ftu�niahed and apread per sq. yd. GRAND TOTAL Article III--The eaid party oP the £iret part hereby promises and agreea irith the eaid Contractor to employ, and does hereby employ the eaid Contractor to provide the materials and to do the work according to the terms and corx�tions herein contained and referred to, Por the prices aforesaid� and heraby contracta to pay the same at the time� in .the aanner, and upon the conditions above set forth; and the said parties Cor thesselces, their heirs� executors, adminiatrators, successora, and assigns� do hereby agree to the full perfox�aance of the covenanta herein contained. prticle IV--It is fLrther express�y agreed by and bet�ceen the parties hereto that ' ahould there be ar� conflict between the terma of this inatrunent and the bid or pro- , pbsal of said contxactor, tnen this inatrument shall control and nothing herein shall be . considered as an acceptance of the said ;t'eims of said proposal confllcting herewit6. • In Witnese �hereof� the partiee to theae prasenta have hereunto set their handslthe year and date firet above aritten. CITY OF CHULA VISTA � 29 .