HomeMy WebLinkAboutReso 1986-12839 RESOLUTION NO. 12859
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
"PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA"
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the following four bids were received and
opened at2:00 pm on the 19th day of November , 1986 , in
Conf. Room 2 & 3 - Public Services Building of the City of Chula
Vista for Phase XVII Street Improvements at Various Locations in
the City of Chula Vista :
Silver Strand Contractors $ 82,004.50
San Diego
ABC Construction Co., Inc. 102,027.00
San Diego
Wm. J. Kirchnavy Construction, Inc. 126,687.60
San Marcos
Sapper Construction Co. 134,870.00
San Diego
and
WHEREAS, it has been rec~nmended that said contract be
awarded to the lowest responsible bidder, Silver Strand Contractors
who has assured the City that he is a licensed contractor
in the State of California and can produce an acceptable perfor-
mance bond.
-1-
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept said four bids, and
does hereby award the contract for said Phase XVII street improve-
ments to Silver Strand Contractors in the amount of
~82,004.50 to be c~npleted 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 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 form by
Jo~n P. Lippitt, Director ~._/?h J. ~ron, City Attorney
of'Public Works/City Engineer
-2-
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 9th d~/ of. Decembe]r
19 ~¢~ , by the following vote, lo-wit:
AYES: Councilmembers Moore, Nader, Cox
NAYES: Councilmembers NoDe
ABSTAIN: Counci lmembers NoDe
ABSENT: Councilmembers McCaDdl±ss, Malcolm
' Mayj~' o~the City of-~hula Vista
ATTEST
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss,
CITY OF CHULA VISTA }
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO, 12839
,and that the same has not been amended or repealed
DATED
~ City Clerk
Cl'iY OF
CHULA VISTA
CC-660
CITY OF CHULA VISTA
CONTRACTS
DOCUMENTS
FOR PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA
~FHIs IS NOT A FEDERALLY ASSISTED CONSTRUCTION PROJECT
THIS IS A FEDERALLY ASSISTED CONSTRUCTION PROJECT UNDER
[] THE COMMUNITY BLOCK GRANT H,U,D, PROGRAM
THIS IS A FEDERALLY ASSISTED CONSTRUCTION PROJECT UNDER
[] THE REVENUE SHARING PROGRAM
CITY OF CHULA VISTA
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received at the office of the City Engineer, City of
Chula Vista, until 2:00 p.m. on Wednesday, November 19, 1986
, at which
time they will be publicly opened and read for performing work as follows:
PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA
The City of Chula Vista hereby notifies all bidders that it will affirmatively
ensure that in any contract entered into pursuant to this Notice, minority
business enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the
grounds of race, color, sex, or national origin in Consideration for an award.
No bid shall 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. No bidder's Guaranty is required if the bid amount
is $25,000 or less.
I, accordance with the provisions of Section 1773 of the Labor Code of the
State of California, the City of Chula Vista has ascertained the general
prevailing wage scales applicable to the work to be done. The prevailing wage
scales are those determined by the Director of Industrial Relations, State of
California and are available in the Office of the City Engineer. The
Contractor who is awarded the contract and who intends to use a craft or
classification not shown on the general prevailing wage determinations, may be
required to pay the wage rate of that craft or classification most closely
related to it as shown in the general determinations effective at the time of
the call for bids.
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, Public
Services Building, 276 Fourth Avenue, Chula Vista, California. Copies of
plans and specifications may be obtained at the office upon payment of $23.75.
RemitS26.75 if you wish to have the plans and specifications mailed ~you.
If payment is to be made by check, it should be made payable to the "City of
Chula Vista".
NO REFUND WILL BE MADE.
Revised 10/85
Regular City Projects
The special attention of prospective bidders is called to Proposal
Requirements and Conditions, for instructions regarding bidding on following
page.
The City Council reserves the right to reject any or all bids and to waive any
irregularity or infomality in any bid to the extent permitted by law.
D~RECTOR OF PUBLIC WORKS/CITY ENGINEER
CITY OF CHULA VISTA
ENGINEERING DIVISION
WPC 1349E
Revised 10/85
Regular City Projects
PROPOSAL REQUIRE>lENTS AND CONDITIONS
EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK:
The bidder is required to examine carefully the site of and the proposal,
plans, specifications, and contract forms for the work contemplated, and it
will be assumed that the bidder has investigated 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 specifications, the special provisions, and the contract. It is
mutually agreed that submission of a proposal shall be considered prima facie
evidence that the bidder has made such an examination.
PROPOSAL FORM:
All proposals must be made upon forms furnished by the Engineering Department.
The following documents must be completed and submitted with the bid:
1. Proposal
2. Designation of Subcontractors
3. Affidavit to Accompany Proposal
4. Bidder's Bond
5. Addendums {if any)
The low bidder must complete the "Disclosure Statement" prior to award of the
contract.
After award of the contract, the successful bidder must complete the following
additional documents:
1. Bond for Faithful Performance
2. Bond for Material and Labor
3. Contract
4. Non-Collusion Affidavit
5. Workmen's Compensation Insurance Declaration
6. Guarantee {if required)
REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES, OR IRREGULARITIES:
Proposals may be rejected if they show any alterations of form, additions not
called for, conditional or alternative bids, incomplete bids, erasures, or
irregularities of any kind.
In case of disparity in the proposal between the lump sum or unit bid price
shown in figures and words, the unit bid price or lump sum amount as stated in
words shall prevail and take precedence.
The right is reserved to reject any and all proposals.
BIDDER'S GUARANTY:
The City Charter requires that all bids of more than twenty-five thousand
dollars ($25,000.00) shall be accompanied by cash, certified or cashier's
check, or a bidder's bond executed by a corporate surety authorized to engage
in such business in California, made payable to the City of Chula Vista.
All bids shall be presented under sealed cover and shall be accompanied by a
bidder's Guaranty if the amount of the bid exceeds $25,000. The bidder's
Guaranty shall be for an amount equal to at least ten percent (10%) of the
amount of said bid, and no bid shall be considered unless such Guaranty is
enclosed therewith.
The contractor is responsible for including a proper bid Guaranty whether or
not the amount of the total bid is correct. If it is found upon opening of
the bid and checking the bid items that a bid guaranty should have been
included and was not (the correct grand total bid amount exceeds ~25,000), the
bid shall be rejected. Also, if the amount of the bid bond is less than that
specified in the notice inviting bids or in the specifications referred to
therein, the bid shall be subject to rejection. Cause for rejection for
insufficient amount of bid Guaranty shall be left to the discretion of the
City.
PUBLIC OPENING OF PROPOSALq
PropQsals will be opened and read publicly at the time and place indicated in
the Notice to Contractors. Bidders or their authorized representatives are
invited to be present.
WPC 0554E
PROPOSAL
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he carefully examined the plans and
specifications for:
PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA
and that he has examined the location of the proposed work and has read the
accompanying instruction to bidders, and hereby proposes to furnish all
materials, and do all the work required to complete the said work in accordance
with said plans, specifications, and Special Provisions for the unit price or
lump sum set forth in the following schedule
The Contractor has FORTY-FIVE {45) working days to complete the project.
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEM QUANTITIES WRITTLN IN WO~SS FIGURES TOTAL
1. LUMP SUM Excavation ant Grading
Parcel
#2
7-a~'~-~ _/:/~ C~/vrJ $ /. $ 1 035,
LUMP SUM L.S.
Parcel ~3 ~.. F~
LUMP SUM L.S.
Parcel ~4 '~_F/~
LUMP SUM' L.S.
Parcel ~8
LUMP SU~ L.S.
Parcel ~9 .~,~_ ~/~ ~ $ /, 2S- $ /6~,
LUMP SUM' L.S.
Parcel ~lb
LUMP' SUM L.S.
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEIq QUANTITIES WRITTEN IN WORDS FIGURES TOTAL
Parcel #11
LUMP SUM L.S.
Parcel #12 7-/x/~,~- ~l~ ~VTs $ J,~ $ ~,
LUMP SUM L.S.
Parcel ~13 T~
LUMP SUM L.S. '
Parcel ~14 ,
LUNP SUM ' L.S.
Parcel ~1~ 7~t~-~ 0~ $ / $ ~0,
LU)~P SUM ~ L.S.
Parcel ~16
LUMP SUM L,S.
Parcel ~17
LUMP SUM L.S. '
Parcel ~18 '~
LUMP SUM L.S.
2. 164 TUNS Asphalt Concrete Paving
~DOU~5 ~ ~vo ~ $ 76.'~' $ I1~ ~7~,
PER ION TON
3. 17 L.F. 6" A.C. Berm - Type A
7~.U~,~ ~)odZ~' $ /o~.oo $ ~,
LINEAL FOOl L.F.
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEM QUANTITIES WRITTEN IN WORDS F~GURES TOTAL
4. 125 TONS Processed Miscellaneous Base
PER TON TON
5. 1,210 L.F. 6" P.C.C. Curb and Gutter
7~F_4/ Z])~ZL-AC.s $ /0~° S/k, IOO,
~R LINEAL FOOT 'L.F.
b. 10,588 S.F. 4" P.C.C. Sidewalk
7. 160 S.F. Sidewalk Ramp
PER SQUARE FOOT '' S.F. "
8. 1,387 S.F. 6" P.C.C. Driveway &
Driveway Approach
~ (~:~T.$ ' $ ~.¢o $ ..~/6,I
PERSQUARE FUOT S. F'. '
9. 749 L.F. 6-Foot Chain Link Fencing
PER LINIEAL FOOT L.F.
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEM QUANTITIES WRITTEN I~ WORDS FIGURES TOTAL
10. LUMP SUM Traffic Control
Parcel #2 F_~E~ F_ ~
LUMP SUM L.S.
LUMP SUM L.S.
Parcel ~4 ~L~
LUMP SUM L.
Parcel ~8 ~a~w~
LUMP SU~
Parcel ~9 6ZEV~ ~ $ d,// $ /~7.
L~MP SUM L.S.
Parcel ~10 ~ZKm~
LUMP SUM L.S.
Parcel ~11 fz~u~
L~MP SUM
Parcel ~12 ~u~
LUMP SUM
Parcel ~13 ~z~,~m~
LUMP SUM
Parcel ~14 6L~ j~
LUMP SUM L.S.
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEM QUANTITIES WRITlEN I, WORDS FIGURES TOTAL
Parcel #15 £~/ o~-,u~-_s $ ~, ~/ $ ~0.
LU~ SUM L.S.
Parcel ~16 ~u~ ~/u~ $ ~,// $ /~,
LUMP SUM [.S.
Parcel ~17 ~ ~q_s $ 6,11 $ I ~0.
LUMP SUM " L.S.
Parcel ~18 ~-Y~N ~ $ ~,/f $ ~
LUMP SU~ L.S.
GRAND TOTAL:~ ,~, mO-~-, mc)
(BC:PROP.1)
Proposal (Continued)
The undersigned further agrees that in case of default in execut-
ing the required contract, with necessary bonds, within the ten
(10) working days after having received notice that the contract
is ready for signature, the proceeds of the check or bond accompany-
ing his bid shall become the property of the City of Chula Vista.
Licensed in accordance with an Act providing for the registration
of Contractors, License No.. // ~?~J ; Contractor's
State License Classification ~ : .~ ~
/
Signature of bidder: ~ (~ ~ ~
(If an individual, so state. If a firm or co-partnership, state
the firm name and give the names of all individuals, co-partners
composing the firm. If a corporation, also names of President,
Secretary, Treasurer and Manager thereof, and affix the Corporate
Seal thereto.)
Dated: 1~ /~ ,19Z~ ~n/~ ~/~ , ~ ~//~
(Business Address)
(PHONE NUmB[R)
.DESIGNATION OF SUBCONTRACTORS
All Bids received by the City from the contractor should include the
name and the location of the place of business of each subcontractor
who will perform work or labor or render service to the prime
contractor in or about the construction of the work or improvement and
shall otherwise comply with the restrictions of Government Code
Section 41U0 et. seq. Specific attention should be paid to
Government Code Section 4104, Subsections A and B.
Division of Work Subcontractor & Address Amount of Work by
~contractors ~
Dol 1 ars
~ESIGNATION O__F SUBCONTRACTORS (CONT.)
Division of Work Subcontractor & Address Amount of Work by
~-b-b-E-6~-tractor~ ~
Dollars
PROPER NAME OF BIDDER:
BY: (y~ TITLE:
(BC:SUBS)
AFFIDAVIT TO ACCOMPANY PROPOSAL
USE THIS FORM WHEN BIDDER IS AN INDIVIDUAL
STATE OF CALIFORNIA) SS.
COUNTY OF )
, affiant, being first
duly sworn, deposes and says:
that he is the bidder who makes the accompanying proposal; 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 manner sought by collusion to secure for himself an advantage
over any other bidder. ~
Signature
STATE OF CALIFORNIA) SS
COUNTY OF )
On this~~)~ t
day of in the year before
me, personally
appeared, ~).)l~. I\ )£Y<~ , personally
known to me (~r'l)rog~d to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument, and acknowledged
that ~ ~ executed it.
~oga~ Publi
WPC 1429E
TICOR
TITLE
INSURANCI
(Individual)
STATE OF CALIFO~,~,4~IA
COUNTVOF r> em, }
I On before me, the undersigned, a Notary Public in and for
~ said State, personalp~ ap~lare~ ! .
~ , personally known to mc or
· ~ proved to me on the basis of s~a~sfactory evidence to be
~ the person__,~-'whose name ~ subscribed to the
within instrument and acknowledged that ]~ ~' exe-
cuted the same.
WITNESS my hand and official seal.
Signature
(This area foz official notarial seal)
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On November 18, 1986 19 before
me a Notary Public in and for said State,
~ersonally appeared CECILY M. GIPSON
known to me to be the person whose name
subscribed to the within Instrument as the
Attorney-in-Fact of AMERICAN MOTORISTS
INSURANCE COMPA~Y, and acknowledoed to me
~<~''~'~ i" ~'[:,. ~ 'i':-,,~..,~,i~/~ thereto that he as subscribed Surety, and the his name own of name said asC°mpanv
~'~"~~ P, arian~e G. 'R6ger~s[--No~a Public
BOND #3SM 680 578 00-04
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL MEN BY THESE PRESENTS, that I/We B.W. NASH DBA: SILVER STRAND CONTRAFTORS
as Principal, and AMERICAN MOTORISTS INSU~ANbE ~0~ as Surety, are held and
firmly bound unto the of the City of Chula Vista in the sum
of EIGHT THOUSAND TWO HUNDRED AND 50/100 ........ {$8,200.50 ), 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. THE CONDITION OF THIS OBLIGATION IS SUCH:
PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA
dated NOVEMBER 19, 1986 , is accepted by the City of Chula Vista, and if
the above bounden PRINCIPAL , his heirs, executors,
administrators, successors and assigns, shall duly enter into and execute a
contract for such construction and shall execute and deliver the two bonds
described, on or before the date specified in the "Notice of Award," which
date shall be not less than ten (lO) days (not including Sunday), from the
date of the mailing of a notice to the above
bounden PRINCIPAL by and from the City of Chula Vista
that said contract is ready for execution, then this obligation shall become
null and void, otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, I/We hereunder set our hands and seals this 18th
day of NOVEMBER , 19 86 .
1429E - OySDN, A'FTO~qNE¥- I N- FACT
· AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF AI'I'ORNEY
Know All Men By These Presents:
Nat the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and
,aving its principal office in Long Grove, Illinois, does hereby appoint ********************************************
Cecily M. Gipson of San Diego, California**********************************
its true and lawful agent(s) and attorney(s)-in-fact, to make execute, sea and de iver dur ng the period beginning with the date of
issuance of this power and end ng December 31, 1988, un ess sooner revoked for and on its behalf as surety, and as its act and
deed:A~y and all bonds and undertakings provided the amount of no one bond
or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)****
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bends in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in porsuance of these presents sha be as b nd ng upon the said American Motorists
Insurance Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its
regularly elected officers at its pr nc pal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AN D TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988.
~is Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists
iurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is
,,ereby certified to by the undersigned Secretary as being in full force and effect:
'VOTED, That the Cha'rman of the Board, the Cha'rman, the President, or any V~ce Pres dent, or the r appointees designated in writing and filed
with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-ln-fact, and to authorize them to execute
on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of ind,,emnity and other
writings, obligatory in the nature thereof, and any such o~cers of the Company may appoint agents for acceptance of process.
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
"VOTED, That the signature of the Chairman of the Board, the Cha rman, the President, any Vice President, or their appointees designated in
writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed
by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 198t and any
such power so executed, sealed and certified with respect to any bond or undertak ng to which it is attached, shall continue to be valid an
binding upon the Company. d
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument robt..signed and its corporate seal
to be affixed by its authorized officers, this llth day of August ,19 oo .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
R.j~ ~J'(ns ~ecretary ' G.H. Kasb~m, Vice Presiden~
SI'Al OF NOIS
COt ~TY LAKE ss
I, OI kW. .~nnett~aN~taryPub~ic~d~herebycertifYthatG.H.Kasbo~mandR.H.]~hnsonpersona~ykn~wnt~met~bethe
same )e~ ns whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a
Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally
acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: November 1 g, 1 ogg ~ Olga ~.~ Bennett, No~aBt Public
FM836-4 7~6 tM PRINTEDIN U.S.A.
Power of Attorney--Term
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
Contractor's Statement of Disclosure of Certain Ownership Interests on all contracts
which will require discretionary action on the part of the City Council, Planning
Commission, and all other official bodies.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract i.e.,
contractor, subcontractor, material supplier.
Silver Strand Contractor
South Bay Fence Company
San Diego Ready Mixx
J.J Caves Construction
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
NONE
4. Have you had more than $250 worth 'of business transacted with any member of the City
staff, Boards, C~nmissions, Committees and Council within the past twelve months?
Yes__ No ~ if yes, please indicate person(s)
Person is defined as: "Any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting as a unit."
(NOTE: Attach additional pages, as necessary.).//~~-~" ~
SigTl~ture of contract~r/d~-
B.W. NASH/ DBA SILVE*R~STRAND CONTRACTOR
WPC 1281E Print or type name of contractor
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On DEC 17 1986 , before
me a Notary Public in and for said State,
personally appeared CECILY M. GIPSON
known to me to be the person whose name is
subscribed to the within Instrument as the
SAm ~,EGO COUNTY Attorney-in-Fact of AMERICAN MOTORISTS
~yCo.~m~s~onE×p~r,~ar:h3,~ INSURANCE COMPANY, and acknowledqed to me
that he subscribed the name of said Company
thereto as Surety, and his own name as
Att$)rney-in-Fact.
mar i an-n~' G ~ -Roger~, ~o~ary ublic
BOND~3 SM 693 260 O0
"EXECUTED IN TRIPLICATE" PREMIUM: $1,640.00
PER TERM
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS, that I/We ~l~U~ S~N~ C~?~ ,
the Contractor in the contract hereto annexed, as Principal
and A&4£RICAN MOTORISTS INS. CO, as Surety, are held and firmly bound unto the
City of Chula Vista, located in San Diego County, California, in the sum
of *EIGHTY TWO THOUSAND FIVE DOLLARS* {$ 82t005.00 )
law,u! money of the United States, ~or which payment, we)! and tru)y to be
made, we bind ourselves, jointly and severally, firmly by these presents.
Signed, sealed and dated DECEMBER 17, 1986
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 contract to be performed by him, and shall furnish all
tools, equipment, apparatus, facilities, transportation, labor and material,
other than material, if any, agreed to be furnished by the City necessary to
perform and complete in a good and workmanlike manner, the work of:
PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA
in strict conformity with the terms and conditions set forth in the contract
hereto annexed, and shall pay or cause to be paid, all persons who perform
labor for, or furnish materials to said Contractor, or to any subcontractor in
the execution of the said contract, then this obligation shall be null and
void, otherwise to remain in full force and effect; and the Surety, for value
received, hereby stipulates and agrees that no 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 be 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 terms of
BY:/~~the contract~ OrwN~ER~to the work r to the specificati~.~ .'y~ ~.~ ~
B.W. NASH, ~ BY: (~/ //~/I.
CECILY M. ~IPSON,' A~ORNEY-IN-FACT
~LU6~ ~D ~~O~ ~ERIC~ MOTORISTS INSU~CE ~P~Y
Contractor Surety
APPROVED AS TO FORM:
WPC 1429E ~
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
on DEC 17 1986 19, before
me a Notary Public in and for said State,
personally appeared CECILY M. GIPSON
known to me to be the person whose name is
subscribed to the within Instrument as the
Attorney-in-Fact of AMERICAN MOTORISTS
INSURANCE COMPANY, and acknowledqed to me
that he subscribed the name of said Company
~ thereto as Surety, and his own name as
Attorney-in-Fact.
.... ~ Public
BOND ~3 SM 693 260 O0
"EXECUTED IN TRIPLICATE"
BOND FOR MATERIAL AND LABOR
KNOW ALL MEN BY THESE PRESENTS, That I/We ~v~ >r~ ~-~ ,
the Contractor in the contract hereto annexed, as Principal,
and AMER)~N MDTO~)~?S ~N~UI~AN££ CO. , as Surety, are held and fi mly bound
unto the City of Chula Vista, located in San Diego County, California, in the
sum of *FORTY ONE ll~OUSANDTWO DOLLARS AND 50/100s*($ 41.002,50 ) 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 DECEMBER 17, 1986
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 work contracted to be done by said
Contractor, namely, to furnish all tools, equipment, apparatus, facilities,
transportation, labor, and material, other than materials, if any, agreed to
be furnished by the City necessary to perform and complete, and to perform and
complete in a good and workmanlike manner, the work of:
PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA V)STA, CALIFORNIA
in strict conformance with the terms and conditions set forth in the contract
hereto annexed, or for any work or labor done thereon of any kind, said Surety
will pay the same in an amount not exceeding the sum hereinabove set forth,
and also in case suit is brought upon this bond, a reasonable attorney's fee
to be fixed by the courts. This bond shall inure to the benefit of any and
all persons, companies, and corporations entitled ?~o file c~laims under and by
virtue of the provisions of an act of the Legislature-or--the State of
California entitled "An Act to Secure the Payment of Claims of Persons
Employed by Contractors upon Public Works, and the Claims of Persons who
Furnish Materials, Supplies, Teams, Implements, or Machinery used or consumed
by such Contractors in the Performance of such Works, and Prescribing the
Duties of Certain Public Officers with Respect Thereto," approved May 10,
1919, amended; and the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition to the terms
of the contract or to the work to performed thereunder or the specifications
accompanying the same shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such changes, extension of time,
alteration or addition to the terms of the contract or to the work or to the
specifications.
COntractor 8.~~~r~F-~,~Surety ~r-- .~ m. ~F~, AIIUR"~I IN-FACT
WPC 1429E ~
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
'~at the American Motorists Insurance Company, a corporation organized and exist ng under the aws of the State of Illinois, and
~aving its principal office in Long Grove, Illinois, does hereby appoint ********************************************
Cecily M. Gipson of San Diego, California**********************************
its true and lawful agent(s) and attorney(s)-in-fact, to make execute seal and deliver dur ng the period beg nn ng w th the date of
issuance of th s power and end ng December 31, 1988, unless sooner revoked for and on its behalf as surety, and as its act and
deed:Any and all bonds and undertakings provided the amount of no one bond
or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)****
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the
dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists
Insurance Company as fully and amply to all intents and purposes as if the same had been duly executed and acknow edged by ts
regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988.
~his Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists
surance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is
hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the Chairman, the President, or any Vice President, or their appointees designated in writing and filed
with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute
on behalf of the Company, and attach the seal of the Company thereto bonds and undertakings, recognizances, contracts of nd,,emnity and other
wr t ngs, obi gatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by
the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981:
"VOTED, That the signature of the Chairman of the Board the Chairman the President any Vice President, or the r appo ntees designated in
writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certificat OhS by the Secretary, may be affixed
by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any
such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and
binding upon the Company:'
In Testimony Whereof, the American Motodst. s/n.s.urance Company has.caused this instrument to~e,..signed and ts corporate sea
to be affixed by its authorized officers, this II~KI day of AUGUST, ,19 OO .
Attested and Ce~tifind: AMERICAN MOTORISTS INSURANCE COMPANY
R.~.t)lZns ~ ;ecretary ~ O By ,~G~.H. Kasb~m, VicePreside~ ~~
STAI OF NOIS
COt ITY LAKE ss
I, OI ~ W. ,~nnett, a Notary Public, do hereby certi~ that G. H. Kasbohm and R. H. Johnsen persona y known to me to be the
saint )e~ ,ns whose names are respectively as Vice President and Secretary of the American Motor sts Insurance Company, a
Corporation of the State of Illinois subscribed to the foregoing instrument, appeared before me this day n person and severally
acknow edged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument
as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: November 18, 1988 ~ ~/ Olga ~A( Bennett, Nota~/Public
FM836-4 7-~6 1M PRINTED INU.S.A.
Power of Attorney--Term
PnO~)OCER 1/14 / 87
THIS CERTIFICATE IS ISEUED AS A MATTER OF iNFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE ODES NOT AMEND,
ALLEN & FLOOD INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
P. O. Box 87291
San Diego, CA. 92138 COMPANIES AFFORDING COVERAGE
COMPANYLE~ER A OHIO FARMERS INSURANCE COMPANY
619-234-8464
B. W. NASH DBA: COMPANY
SILVER STRAND CEMENT CONTRACTORS LETTER C
638
So
Grewor_ COMPANY D ~'-' -
San Diego, CA. 92113 LEFFTER --
COMPReHENSiVE EORM
PREMISES/OPERaTIONS A M E N D D $ $
PRODUC] S/COMPLETED OPERATIONS GLASO 13720 6/5 / 86 6 / 5 / 87
~NDEP~O£Nr CONTRACTORS $ 1,000 1,000
PERSONAl. iNJURY PERSONAL INJURY
ANY AUTO $
ALL OWNED AUTOS (PRIV PASS)
ALi (PRIV PASS )
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESiSPECIAL ITEMS
Street Improvements- Various Locations in the City of Chula Vista, California
& Additional Named Insured:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TRE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
JITY OF CHULA VISTA MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City Engineer ¥ FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LiABiUTY
276 Fourth Avenue REPRESENTATIVES.
Chula Vista, CA. 92010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SELOW.
ALLEN & FLOOD INSURANCE
P. O. Box 87291 COMPANIES AFFORDING COVERAGE
San Diego, CA. 92138
COMPANY A
619-234-8464 LETTER FREMONT INDEMNITY COMPANY
COMPANY
INSURED LETTER I~
COMPANY
SILVER STRAND CEMENT CONTRACTORS LETTER C
638 So. Gregory
COMPANY D
San Diego, CA. 92113 'LETTER
COMPANY
LETTER E
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ~SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
FYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY ~XMRATI0N LIASIUTY LIMITS IN THOUSANDS
COMPREHENSIVE FORM
UNDERGROUND
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
ALL OWNE UTOS (PRIV PASS )
EXCESS LIABILITY
UMBRE~[ A FORM
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION STATUTORY
AND WN86-157084 6/5/86 6/5/87
EMPLOYERS' LiABiLITY
OTHER
DESCRIPTION OF OPERATIONSIL.OCATIONSNEHICLESISPECIAL iTEMS
ALL OPERATIONS
CITY OF CHULA VISTA,CITY ENGINEER
THE COMPANY
CONTRACT
Thi~ontract, made and entered into this ~day of~~,
?~, by and between the City of CiitFl'a Vista,~te ~.
nerei~fter called the "Owne~" and ~ ............ ,
hereinafter called the "Contractor";
WITNESSETH:
That the Owner and the Contractor for the consideration, hereinafter named,
agree as follows:
1. The complete Contract includes all of the Contract Documents as if set
forth in full herein, to wit: The Advertisement for Bids; the Proposal;
the Accepted Bid; the Affidavit to Accompany Proposal; the Faithful
Performance Bond; the Labor and Material Bond; the P1 ans and
Specifications; Standard Specifications, Standard Special Provisions,
Chula Vista Standard Special Provisions, Standard Plans, Special
Provisions, this Contract and all addenda setting forth any modifications
or interpretations of any of said Documents.
2. The Contractor will furnish all materials except as otherwise provided in
the Specifications or on the Plans and will perform all the work for:
PHASE XVII STREET IMPROVEMENTS AT VARIOUS LOCATIONS
IN THE CITY OF CHULA VISTA, CALIFORNIA
All of the above work is on City property or on easements, and under the
directions of the Engineer or other official designated by the Owner to
provide compliance with the terms and specifications of the contract and all
included documents all as provided in and subject to the Contract Documents.
3. The Owner will pay the Contractor in current funds for the performance of
the Contract on the basis of the accepted unit prices and the actual
measured quantities of work done at such times as are stated in the
Specifications, and will otherwise fulfill its obligations thereunder.
4. All time limits stated in the Contract Documents are of the essence of
this Contract.
5. In accordance with the provisions of Section 1773 of the Labor Code, City
has ascertained the general prevailing rate of wages applicable to the
work to be done. The prevailing wage scales are available in the office
of the City Engineer.
CONTRACT - Continued
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and
year first above written.
FOR THE CI~ OF CHUL~VI~Tq~: FOR THE CONTRACTOR:
I here~ certi~ that I have examined
this Contract and find it to be in
accordance with th.e~provisions of the
B~: L.~ · - -"'"',.,~
WPC 1429E Cl'~r~ O[
CHU Vi A
IThis affidavit shall be executed by the successful bidder in accordance with
instructions in the Proposal Requirements of this contract, but bidder may
execute the affidavit on this page at the time of submitting his bid).
NON-COLLUSION AFFIDAVIT
To the City of Chula Vista, Engineering Department:
The undersigned, in submitting a bid for performing the following work by
contract, being duly sworn, deposes and says:
That he has not, either directly or indirectly entered into any
agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding and has not accepted
any deposit from any subcontractor or materialman through any bid
depository, the by-laws, rules and regulations of which prohibit or
prevent the Contractor from considering any bid from any
subcontractor or materialman, which is not processed through said bid
depository, or which prevent any subcontractor or materialman from
bidding to any contractor who does not use the facilities or accept
bids from or through such bid depository in connection with this
contract.
Business Address '
P~ace of Residence Signature of Bidder
STATE OF CALIFORNIA, t ss.
COUNTY OF San Diego i
ON December 16~ _ ,19 86,
before me, the undersigned, a Notary Public in and for said State, personally appeared
_, known to me,
.... · ..."'-~.+..,~.-.~a?~-~ ~..o.~..+ to be the person_ whose name he ____subscribed to the within Instrument,
¢¢~-~?~ ~f'~tA,_ ~ and 8cknowled~ed to me that he executed the same.
,t~ NORMA Mm DUPER
~j ~o,a~ ~ WITNESS my hand and official seal.
WORKMEN'S COMPENSATION INSURANCE DECLARATION
I am aware of the provisions of Section 3700 of the labor Code which requires
every employer to be insured against liability for workmen's compensation or
to undertake self-insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing the performance of
the work of this contract.
Si gnature
Co ntractor
State Contractor s License No.
Address
Ci ty/State
Phone Number
WPC 1429E
TABLE OF CONTENTS
PART
TITLE
PAGE
1 Special Provisions - General 1
2 Special Provisions
9
PART 1
SPECIAL PROVISIONS - GENERAL
Part 1 shall conform to Part 1 of the Standard Specifications for Public Works
Construction except for the following changes and/or additions:
1-2 Definitions
(p.19) Add or substitute for:
Agency - the City of Chula Vista, State of California
Board - The City Council of the City of Chula Vista.
Engineer The City Engineer of the City of Chula Vista, acting
directly or through properly authorized agents, such agents acting
within the scope of the particular duties delegated to them.
Laboratory - The designated laboratory authorized by the Engineer to
test materials and work involved in the contract.
Notice - Shall be deemed to have been given if served personally on
the Contractor or his authorized agent, or mailed to the Contractor
postage prepaid.
Standard Special Provisions - "Standard Special Provisions" for use
with "Standard Specifications for Public Works Construction" approved
and adopted by the San Diego County Regional Standards Committee.
Chula Vista Standard Special Provisions - Standard Special Provisions
prepared and approved by City Engineer for use with "Standard
Specifications for Public Works Construction."
Standard Specifications "Standard Specifications for Public Works
Construction " 1982 edition and all subsequent additions and
revisions approved and adopted by the San Diego County Regional
Standards Committee.
Standard Plans - San Diego Area Regional Standard Drawings, Chula
Vista Design Standards - Construction Standards, details for standard
structures, devices or instructions referred to on the plans or in
specifications by title or number.
State Standard Specifications - Standard Specifications, State of
California, Business and Transportation Agency, Department of
Transportation, dated July 1984 and all subsequent additions and
revisions.
State Standard Plans - Standard Plans, State of California, Business
and Transportation Agency, Department of Transportation, dated
January, 1981 and all subsequent additions and revisions.
2-1 Award and Execution of Contract
Ip.28) Add:
The award of the contract, if it be awarded, will be to the lowest
responsible bidder whose proposal complies with all the requirements
described. The award, if made, will be made within sixty (60) days
after the opening of the bids. All bids will be compared on the
basis of the engineer's estimate of quantities of work to be done.
The contract shall be signed by the successful bidder, and returned
together with the contract bonds, within ten (lO) working days after
the bidder has received notice that the contract has been awarded.
No proposal shall be considered binding upon the City until the
execution of the contract.
It shall be the responsibility of the successful bidder to make an
appointment within the above time limit to sign the contract in the
City Engineer's office and to discuss the construction operations
with the Engineer, or his representative. Failure to execute a
contract and file acceptable bonds as provided herein within ten (10)
working days after the bidder has received notice that the contract
has been awarded, shall be just cause for the annulment of the award
and the forfeiture of the proposal guaranty.
RETURN OF BIDDER'S GUARANTIES:
Within ten {10) working days after the award of the contract, the
City of Chula Vista will return the cash or checks accompanying the
proposals which are not to be considered in making the award. All
other proposal guaranties will be held until the contract has been
finally executed, after which the cash or checks will be returned.
Bid bonds will be returned upon request.
NON-COLLUSION PROVISION:
The Contractor to whom this contract is to be awarded shall file a
sworn Non-Collusion affidavit executed by, or on behalf of, the
person, firm, association or corporation to whom the contract is
awarded. This affidavit shall be executed and sworn to by the
successful bidder before such persons as are authorized by the laws
of the State of California to administer oaths, on the form included
in these contract documents. The original of such sworn statement
shall be filed with the City Clerk prior to the award of the contract.
-2-
2-5 Plans and Specifications
2-5.1 General Add:
{p.30) All authorized alterations affecting the requirements and information
given on the approved plans shall be in writing. No changes shall be
made of any plan or drawing after the same has been approved by the
Engineer, except by direction of the Engineer.
Finished surfaces in all cases shall conform with the lines, grades,
cross sections and dimensions shown on the approved plans.
Deviations from the approved plans, as may be required by the
exigencies of construction, will be determined in all cases by the
Engineer and authorized in writing.
2-5.2 Precedence of Contract Documents Add:
(p.31) In the event of any discrepancy between any drawing and the figures
written thereon, the figures shall be taken as correct.
2-10 Authority of Board and Inspection Add:
(p.34) Whenever the contractor varies the period during which work is
carried on each day, he shall give due notice to the Engineer, so
that proper inspection may be provided. The Contractor shall pay a
fee established by the City for inspection services, required outside
of regular working hours, and on Saturdays, Sundays, and holidays
recognized by the City. Any work done in the absence of the Engineer
will be subject to rejection.
Delete Section 44.3.3 "Inspection by the Agency" from Standard
Specifications and add the following:
4-1.3.4 Inspection by the Agency and Testin~
(p.41) The Agency will provide all inspection of work and materials within
the City limits of the City of Chula Vista. For private contracts,
all costs of inspection at the source, including salaries and mileage
costs, shall be paid by the Permittee.
When required by the Engineer, tests shall be made to determine
compliance with the plans and specifications.
The test shall be performed by a laboratory approved by the Engineer
and the number of tests shall be determined by the Engineer.
The costs of these tests shall be borne by the Contractor.
-3-
6-3 Suspension of Work Add:
Ip.47) The City Engineer shall have the authority to suspend the work wholly
or in part for such period as may be necessary to determine whether
or not there has been compliance with any provisions of the contract
and all related documents due to the manner in which the work has
been performed. When the City Engineer orders suspension of the work
for non-~ompliance with the contract terms, said suspension shall in
no event extend past one week (7 days) unless the City Engineer or
his designate shall file upon the Contractor a notice of
non-compliance of contract terms.
6-6.2 Extensions of Time Add:
(p.49) It is further agreed that, in case the work called for under the
contract is not finished and completed in all parts and requirements
within the time specified, the City Council shall have the right to
extend the time for completion or not, as may seem best to serve the
interest of the City; and if it decides to extend the time limit for
the completion of the contract, it shall further have the right to
charge to the Contractor, his heirs, assigns or sureties, and to
deduct from the final payment for the work all or any part, as it may
deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly
chargeable to the contract, and which accrue during the period of
such extension, except that the cost of final surveys and preparation
of final estimate shall not be included in such charges.
The Contractor shall not be assessed with liquidated damages nor the
cost of engineering and inspection during any delay in the completion
of the work caused by Acts of God or of the Public Enemy, acts of the
City, fire, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather or delays of
subcontractors due to such causes; provided that the Contractor
shall, within ten (10) days from the beginning of such delay, notify
the Engineer, in writing, of the causes of delay, who shall ascertain
the facts and the extent of the delay, and his findings of the facts
thereon shall be final and conclusive.
6-7 Time of Completion Add:
Ip.49) All work shall be completed within FORTY-FIVE (45) workin§ days
from the date of issuance of a notice to proceed.
7-2 Labor
7-2.2 Laws Add:
Ip.51) Employment of Apprentices
-4-
Attention is directed to the provisions in Section 1777.5
{Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code
concerning the employment of apprentices by the prime contractor or
any subcontractor under him who is awarded a contract over $30,000 or
20 working days. Section 1777.5, as amended, requires the contractor
and subcontractor employing tradesmen in any apprenticeable
occupation to employ a ratio of not less than one apprentice for each
five journeymen, except under the following conditions.
A. When unemplo3nnent in the area of coverage by the joint
apprenticeship committee has exceeded an average of 15 percent
in the 90 days prior to the request for certificate, or
B. When the number of apprentices in training in the area exceeds a
ratio of one to five, or
C. If there is a showing that the apprenticeable craft or trade is
replacing at least 1/30 of its journeymen annually through
apprenticeship training on a statewide or local basis, or
The Contractor is required to make contributions to funds established
for the administration of apprenticeship programs if he employs
registered apprentices or journeymen in any apprenticeable trade on
such contracts, and if other contractors on the public works site are
making such contributions. The Contractor and any subcontractor
under him shall comply with the requirements of Sections 1777.5 and
1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedule, and
other requirements may be obtained from the Director of Industrial
Relations, ex officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
The City of Chula Vista is required to notify the Division of
Apprenticeship Standards within 5 days of the award of any contract
covered under the above provisions.
Attention is also directed to the provisions of Section 1776 of the
Labor Code concerning "Payroll Records of Wages Paid: Inspection:
Effect of Noncompliance: Penalties." The Contractor is required to
be in conformance with this section. Copies of the wage reporting
form are available from Division of Labor Standard Enforcement {DLSE).
7-3 Liability Insurance Add:
(p.52) Bodily Injury and Property DamagP
The contractor shall provide a single limit policy with aggregate
limits in the amount of $1,000,000. This shall be considered at the
minimum limits. The City reserves the right to require insurance for
a higher coverage than the minimum limits. All insurance carriers
shall comply with the items listed below:
1. Listing by the State Insurance Commission as a company
authorized to transact the business of insurance in the State of
California.
2. A Best's Rating of "A", Class XI, or better.
3. Where a company is not included in Best's, it must show by
convincing evidence that its financial responsibility is equal
or better than the rating set forth in No. 2.
The Contractor shall, within ten {10) days after the awarding of the
contract, and before commencing the work of construction, deposit
with the City Engineer of the City of Chula Vista, a certificate
certifying that such insurance is, and will be, in full force and
effect from the time the work is commenced until completed.
7-10 Public Convenience and Safety
7qO.1 Traffic and Access Add:
{p.56) All traffic control shall be done in accordance with the latest
revised edition of the manual of Traffic Controls prepared by the
California Department of Transportation. The latest revised edition
of the Traffic Control Manual of the American Public Works
Association may be used as a handy reference for compliance but does
not excuse the contractor from not complying with the State manual.
743 Laws to be Observed Add:
{p.58) Taxes
All applicable State or Federal taxes shall be considered as included
in the amount paid for the various items of work. The contractor
shall be responsible for payment of such taxes to the proper
governmental authority.
The Contractor shall keep himself fully informed and comply with all
existing State laws and all Municipal Ordinances and Regulations of
the City which in any manner affect those engaged or employed in the
work, or the material used in the work, or which in any way affect
the conduct of the work, and all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
Resolution 3077 requires that all underground work be completed prior
to the street being surfaced.
-6-
Contractors shall be licensed in accordance with the provisions of
Chapter 9 of Division III of the Business and Professions Code, State
of California.
Unless otherwise specified, the Contractor shall procure all permits
and licenses, pay all charges and fees, and give all notices
necessary and incidental to the due and lawful prosecution of work.
The Contractor shall have a valid City business license.
9-1 Measurement of Quantities for Unit Price Work Add:
Ip.62) The estimate of the quantities of work to be done and materials to be
furnished are approximate only, being given as a basis for the
comparison of bids, and the City of Chula Vista does not expressly or
by implication agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount
of any class or portion of the work or to omit portions of the work
that may be deemed necessary or expedient by the Engineer.
9-3 Payment
9-3.2 Partial and Final Payment Add:
Ip.64) The En§ineer shall, after the completion of the contract make a final
estimate of the amount of work done thereunder and the value of such
work, and the City shall pay the entire sum so found to be due after
deducting therefrom all previous payments all amounts to be kept and
all amounts to be retained under the provisions of the contract. All
~rior partial estimates and payments shall be subject to correction
in the final estimate and payment. The final payment shall not be
due and payable until the expiration of 35 days from date of
acceptance of the work by the City Council.
It is mutually agreed between the parties to the contract that no
certificate given or payments made under the contract, except the
final certificate or final payment, shall be conclusive evidence of
the performance of the contract, either wholly or in part, against
any claim of the City, and no payment shall be construed to be in
acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final
amount due under the contract, and the adjustment and payment for any
work done in accordance with any alterations of the same, shall
release the City, City Council and the engineer from any and all
claims or liability on account of work performed under the contract
or any alteration thereof.
The City will allow the substitution of securities for any monies
that the City is withholding as a retention in order to ensure the
performance under this contract. Such substitution shall be in
accordance wi th California Government Code Section 4590.
-7-
9-3.3 Delivered Materials Add:
(p.64) The City shall retain 50 percent of the value of the materials so
estimated to have been furnished and delivered and unused as
aforesaid as part security for the fulfillment of the contract by the
Contractor and shall monthly pay to the contractor, while carrying on
the work, the balance not retained, as aforesaid, after deducting
therefrom all previous payments and all sums to be kept or retained
under the provisions of the contract.
ADDITIONAL SECTION:
FEDERAL STATUTORY REQUIREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION PROJECTS
Contractor agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act of 1979 {42 U.S.C. 1857 et
seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as
amended. These requirements apply to contracts and subcontracts of amounts in
excess of $100,000.
WPC 0334E
-8-
PART 2
SPECIAL PROVISIONS
2-01 WORK TO BE DONE
The work to be done consists of constructing various public improvements
adjacent to fourteen (14) separate parcels. The work includes removal and
disposal of existing improvements, excavation and grading, asphalt concrete
pavement, base, curb and gutter, sidewalk, sidewalk ramp, driveways, traffic
control, and other miscellaneous work shown on the plans.
The work to be done is shown on Chula Vista Drawing Numbers 86-36 through
86-45 and attached cross sections.
2-02 STANDARD SPECIFICATIONS AND STANDARO DRAWINGS
The Standard Specifications for Public Works Construction (1982) commonly
referred to as the "Green Book", San Diego Regional Standard Special
Provisions, Chula Vista Standard Special Provisions, Regional Standard
Drawings, and Chula Vista Construction Standards, all as adopted by the City
of Chula Vista with the latest revisions, are made a part of the
Specifications. All provisions applicable to the work to be performed in
accordance with these drawings and Special Provisions of this project shall
apply whether specifically referred to herein or not. References to the
Standard Specifications have been made in the Special Provisions. These
references apply directly to the work the Contractor is to perform.
2-03 REMOVAL AND DISPOSAL OF EXISTING IMPROVEMENTS
All existing improvements required to be removed by construction of the new
work shall be removed and disposed of in accordance with the provisions of
Sectio~ 300-1 of the Standard Specifications and as shown on the plans.
Compensation for removal and disposal of excess material, pavement, curb and
gutter, etc. is considered as included in the contract price paid for bid
item 1.
2-04 EXCAVATION AND GRADING
All excavation and grading necessary to obtain the finished grades as shown on
the plans and cross sections shall be done in accordance with Section 300 of
the Standard Specifications, applicable standard drawings, and project plans.
The Contractor shall give a unit cost for the grading work associated with
each separate parcel. The parcels are identified on the plans and in the
proposal.
The full compensation for all excavation, grading, clearing and grubbing shall
be considered as included in the contract lump sum price paid for "Excavation
and Grading" for each parcel and no additional compensation will be allowed
therefor.
-9-
2-05 ASPHALT CONCRETE PAVEMENT AND SEAL COAT
All asphalt concrete (A.C.) and seal coating shall be in accordance with the
provisions of Section 302-5 of the Standard Specifications and shall consist
of asphalt pavement as shown on the plans and cross sections. Asphalt
concrete shall be Type III, Class C3 in accordance with Section 400-4 of the
Standard Specifications.
AR-4000 paving asphalt shall be used. Seal coat shall be included. The seal
coat shall be RS-1 and shall be in accordance with the provisions of Section
302-5.9 of the Standard Special Provisions. A design mix for asphaltic
concrete pavement shall be submitted one week in advance of commencing work
for approval by the Engineer. Testing of the material for conformance to
approved design mix will be required.
The full compensation for all pavement required, tack coat, and subgrade
preparation shall be considered as included in the contract unit price paid
per ton for "Asphalt Concrete Paving" and no additional compensation shall be
allowed therefor.
Type "A" berm shall be paid for as a separate item of work.
2-06 PROCESSED MISCELLANEOUS BASE
Processed miscellaneous base shall be in accordance with the provisions of
Section 400-2.2 of the Standard Special Provisions and shall be laid in
thickness as shown on the plans. Full compensation for subgrade preparation,
providing and placing processed miscellaneous base is considered as included
in the contract unit price bid per ton for "Processed Miscellaneous Base."
Processed miscellaneous base shall comply with Section 200-2.5, Fine
Gradation, of the Standard Specifications.
2-07 P.C.C. CURB, GUTTER, SIDEWALK, RAMP AND DRIVEWAY
P.C.C. curb, §utter, sidewalk, sidewalk ramp, and driveway shall be in
accordance with Section 303-5 of the Standard Specifications and with
applicable Regional Standard Drawings, C.V.C.S. l, and per the details on the
plans. Concrete to be class 564-C-3000. Compensation for these various items
of work shall be at the contract unit price bid.
Compensation for the sidewalk ramp shall be measured from the lip of gutter to
back of ramp. Compensation for the driveway shall be measured from the lip of
gutter to back of driveway.
2-08 PUBLIC CONVENIENCE AND SAFETY
Public convenience and safety shall be in accordance with Section 7-10 of the
Standard Specifications for Public Works Construction and Section 7-10, Part
l, Special Provisions, General. The Contractor shall give a unit cost for
traffic control associated with the work for each parcel. If driveways
-10-
are to be closed temporarily due to construction, the owners shall be given a
minimum 48 hour advance notice. Parking on the various streets may be
eliminated if needed for construction. Property owners shall be notified 48
hours in advance. Traffic control shall conform to "Manual of Traffic
Controls," 1985 edition.
2-09 CO~STRUCTION DURING PERIODS OF RAINFALL
The Contractor shall take precautions to allow flow of storm water during
periods of rainfall such that the flow will not damage private property or
construction being accomplished under this contract. Any damage occurring
shall be repaired at the expense of the Contractor, as well as clean-up of all
areas required due to flow of mud, silt or debris from the construction
operations.
2-10 CONSTRUCTION STAKING
Construction staking will be provided by the City at City expense. The
project will be staked and painted out as requested by the Contractor. The
Contractor shall preserve existing property owner monuments.
Any additional staking that is required because of negligence or damage by the
Contractor will be done by City at the Contractor's expense. Existing
monuments outside the actual work area destroyed by the Contractor's
negligence and/or carelessness will be replaced by a licensed engineer or land
surveyor hired by the Contractor and proper corner records recorded in the
Office of the San Diego County Recorder as appropriate.
2-11 PROGRESS OF WORK AND TIME OF COMPLETION
Section 6-7 of the "Special Provisions - General" shall be changed to read:
The Contractor shall begin work on or before the date specified in the "Notice
of Execution of Contract", which date shall not be less than FIFTEEN (15)
calendar days following execution of the contract by the City.
The Contractor shall provide the City Engineer written notice of the specific
date upon which he plans to commence work. Notice shall be given at least
FORTY-EIGHT (48) hours in advance. Once work is started, the Contractor shall
conduct his operations for continuous progress of work on a daily basis.
The Contractor shall prosecute the work to completion before the expiration of
FORTY-FIVE (45) consecutive working days from the date he starts work and/or
the date specified in the "Notice of Execution of Contract" whichever is
earliest.
2-12 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Protection and restoration of existing improvements shall conform to Section
7-9 of the Standard Specification and as described below.
-ll-
The Contractor shall be responsible for the protection of public and private
property adjacent to the work and shall exercise due caution to avoid damage
to such property.
The Contractor shall repair or replace all existing improvements within or
adjacent to the area of work (i.e., irrigation lines, lawns and landscaping,
sprinkler head, fences, drainage work, utility installations, etc.) which are
damaged or removed as a result of his operations. Lawn areas removed shall be
resodded. Repairs and replacements shall be equal to or better than existing
improvements, and shall match them in finish and dimension. Old material
shall be replaced with new materials.
Trees, lawn, and shrubbery shall be protected from damage or injury. Trees,
shrubbery, plants, and lawn damaged or removed by the Contractor's operations
shall be replaced, in kind, to its original condition and location to the
satisfaction of the Engineer. Lawn areas shall be seeded, sodded, or
stolonized to match existing lawn. All areas are to receive soil amendments
and fertilizers to assure proper restoration of damaged areas.
Work performed under this section ~ill ensure that the property will be
restored to an "as good as" or "better than" condition as compared with
conditions existing prior to commencement of construction. The Engineer shall
determine whether or not the property has been restored satisfactorily.
Full compensation for furnishing all labor, materials, tools, equipment, and
incidentals, and for doing all the work involved in protecting and restoration
of existing improvements is considered included in the contract price paid for
bid item 1.
2-13 CHAIN LINK FENCING
All chain link fencing shall be in accordance to Section 206-6 and 304-3 of
the standard specification and Regional Standard Drawing M-6.1. The contract
unit price paid for "6-foot Chain Link Fencing" shall include all labor,
material, and equipment necessary to install the fences.
WPC 2030E
-12-
COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 12/9/86
ITEM TITLE: ~esolution J~,gj~ Accepting bids and awarding contract for
Phase XVII StreetImprovements at Various Locations in the
City of Chula Vista, California" A.,.//
SUBMITTED BY: Director of Public Works/City Engineer
REVIEWED BY: City Manager (4/5ths Vote: Yes No X )
At 2 p.m. on November 19, 1986, in Conference Room 2 and 3 in the Public
Services Building, the Director of Public Works/City Engineer received sealed
bids for "Phase XVII Street Improvements at Various Locations in the City of
Chula Vista, California." The project was included in the 1984-85 and 1985-86
budgets. The work to be done consists of constructing various public
improvements adjacent to fourteen (14) separate parcels. The work includes
removal and disposal of existing improvements, excavation and grading, asphalt
concrete pavement, base, curb and gutter, sidewalk, sidewalk ramp, driveways,
and traffic control.
RECOMMENDATION: That the Council accept bids and award contract to Silver
Strand Contractors, San Diego, in the amount of $82,004.50.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On September 16, 1986, the City Council held a public hearing for the 1911
Block Act-Phase XVII Cash Contract project and approved a resolution making
findings at the public hearing pursuant to Chapter 27 of the "Improvement Act
of 1911." Subsequently, we have gone to bid and have now received bids from
four contractors as follows:
1. Silver Strand Contractors - San Diego $ 82,004.50
2. ABC Construction Co., Inc. - San Diego 102,027.00
3. Wm. J. Kirchnavy Construction, Inc. - San Marcos 126,687.60
4. Sapper Construction Co. - San Diego 134,870.00
The low bid by Silver Strand Contractors was below the Engineer's Estimate of
$86,258.00 by $4,253.50, or 5.2%. We have reviewed the bid and find it to be
satisfactory and recommend awarding contract to Silver Strand Contractors.
Attached is a copy of the Contractor's Disclosure Statement.
Page 2, Item 8
Meeting Date-l-2-/~-/1)-6
FINANCIAL STATEMENT:
Funds available from the following account:
a. 1911 Block Act - Phase XVII $ 52,251.53
b. Block Act - Phase XVIII 71,000.00
Total Funds Available: $123,251.53
Funds required for construction:
a. Contract Amount $ 82,004.50
b. Contingencies (approximately 10%) 8,195.50
Total Funds for Construction of Project $ 90,200.00
FISCAL IMPACT: To reduce the fiscal impact on the City, it is proposed upon
completion of the work and confirmation of the assessment that bonds be sold.
Proceeds from the bonds will reimburse the City for any cash advancements made
to cover the property owners' share of the cost of the improvements. Costs
will be assessed on the basis of Council Policy 505-01. These budgeted funds
could then be used for other proceedings throughout the City.
SLH:nr/AX-076, AX-084
WPC 2439E
/~ ~he City CoUncil of
Chula Vista, California
Dated _~m,~ ~.P '-~'~'
CITY OF CHULA VISTA
DISCLOSURE STATEMENT
Contractor's Statement of Disclosure of Certain Ownership Interests on all contracts
which will require discretionary action on the part of the City Council, Planning
Commission, and all other official bodies.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the contract i.e.,
contractor, subcontractor, material supplier. .
Silver Strand Contractor South Bay Fence Compan~
San Diego Ready Mixx
J.J Caves Construction ·
2. If any person identified pursuant to (1) above is a corporation or partnership, list
the names of all individuals owning more than 10% of the shares in the corporation
or owning any partnership interest in the partnership.
3. If any person identified pursuant to (1) above is a non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
NONE
4. Have you had more than $250 worth of business transacted with any member of the City
staff, Boards, ~o~missions, Committees and Council within the past twelve months?
Yes __ NO ~ if yes, please indicate person(s)
Person is defined as: iiAny individual, firm, copartnership, joint venture, association,
social club, fraternal organization, corporation, estate, trust, receiver, syndicate,
this and any other county, city and county, city, municipality, district or other
political subdivision, or any other group or combination acting as a unit."
INOTE: Attach additional pages as necessary.)
Sigl~ture of contractor/d~
B.W. NASR/ DBA SILVE~ STRAND CONTRACTOR
WPC 1281E 'Print or type name of contractor