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Agenda Statement 1987/09/08 Item 11
COUNCIL AGENDA STATEMENT • Item 11 Meeting Date 9/8/87 ITEM TITLE• Resolution ~~~ 7 / Accepting bids and awarding contract for "Modification of East "H" Street Centerline Median at CA" Auburn Avenue i n the City of Chul a Vi stagy','' / SUBMITTED BY: Director of Public Works/City Engineer (VW" REVIEWED BY: City Manager (4/5ths Yote: Yes No X ) At 2:00 p.m. on August 26, 1987, in Conference Room 5 in the Public Services Building, the Director of Public Works/City Engineer received sealed bids for "Modification of East "H~~' Street Centerline Median at Auburn Avenue in the City of Chula Vista, CA. The work to done consists of narrowing the center island median by 2 feet on each side of East "H" Street from 875 feet west to 355 feet east of Auburn asenue6~~ type w G 1 curb,,nsawcutting, premovalt and processed miscellaneous b , disposal of existing improvements and traffic control. The purpose of the project is to provide adequate width in the existing roadway for the striping of bicycle lanes on East "H" Street. The project was included in the 1986-87 budget. RECOMMENDATION: That Council accept bids and award contract to 0 & B • Matthews Construction, Inc., San Diego, in the amount of $56,552.50. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Bids for this project were received from four contractors as follows: Bid Amount Bidder $56,552.50 1. 0 & B Matthews Construction, Inc. - San Diego 58,936.90 2. Silver Strand Company -San Diego 61,078.00 3. Sapper Construction Co. - San Diego 7p,240.30 4. A-R Construction - Lakeside The low bid by 0 & B Matthews Construction, Inc. is below the engineer's estimate of $68,040 by $11,487.50 or 17 percent. We have reviewed the low bid. and believe it to be satisfactory and recommend awarding the contract to 0 & B Matthews Construction, Inc. Attached is a copy of the Contractor's Disclosure Statement. Page 2, Item 1 1 Meeting Date-97$7$7~- • FINANCIAL STATEMENT: Funds Available from the Following Account a. Bicycle Lanes East "H" Street $96,981.43 Total Funds Available $96,981.43 Funds Required for Construction a. Contract Amount $56,552.50 b. Contingencies (approx. 10%) 5,647.50 Total Funds for Construction of Project $62,200.00 FISCAL IMPACT: Routine City maintenance. SLH:fp/AS003 WPC 3136E • • August 28, 1987 File: AS003 T0: John Goss, City Manager Tom Harron, City Attorney Lyman Christopher, Director of Finance Jennie Fulasz, City Clerk r of Publ i c Works/City Engineer I /V' FROM: John Lippitt, D~recto SUBJECT: Resolution Accepting Bids and Awarding Contract for "Modification of East "H" Street Centerline Median at Auburn Avenue in the City of Chula Vista, CA" Funds Available from the Following Account a. Account 602-6020-LTF10 - Bicycle Lanes East "H" Street Total Funds Available • Funds Required for Construction a. Contract Amount b. Contingencies (approx. 10°x) Total Funds for Construction of Project SLH:fp WPC 3137E $96,981.43 $96,981.43 $56,552.50 5,647.50 $62,200.00 • ~~ 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. /'~ f7 T7~~ e c,J 5 i , ~t/c . 2. If any person identified pursuant to (1) above is a corporation or partnership,. list the names of all individuals owning more than 109'0 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. 4. Have you had more than 3250 worth of business transacted with any member of the City staff, Boards, Commissions, 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.) WPC 1281E • SignaQture of contractor'/date - - - ~~-CJ ~'~~#~l~/2%S ~-G,n_Sl -~~~ ~ ~ _ rint or .type name o contractor ~<<~i .. ~~ - CIN OF • CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION ~~32 ~-ll January 28, 1988 File ~ AS-003 0 & B Matthews Const. Co. 223 N. 49th Street San Diego, CA 92102 EAST "H" STREET MEDIAN MODIFICATION PROJECT Enclosed is a copy of the fully executed change order no. 1 for the East "H" Street Median Modification project. The change order covers the cost of soil testing services provided by Testing Engineers for which the City is responsible. We appreciate your cooperation. If you have any questions regarding this matter please call Mr. Roberto Saucedo of ~ staff at 691-5023. • TOM GARIBAY DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER RS:1~ r/yc cc: Lyman Christopher, Director of Finance (P.O. Box 183563) Jennie Fulasz, City Clerk (Reso. No. 13241) Dick Dysart, Project Inspector Jim Davies, Community Development Specialist (617:DEM0) • 276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5021 -- ~- • ~~ ~ 4 y~~uU ORDER N0. ONE DATE: January 19, 1988 CONTRACT: Modification of East "H" Street Centerline Median at Auburn Avenue in the City of Chula Vista, California CONTRACTOR: 0 & B Matthews Construction Co. JOB: AS-003 The following changes shall be made to increase the contract dated September 21, 1987, between the City of Chula Vista and 0 & B Matthews Construction Company, Contractor. REMARKS AND DETAILS: Change in contract initiated by the City of Chula Vista to provide soil testing for compaction of subgrade. Work completed by Testing Engineers on behalf of the contractor. The City is responsible for two tests at an agreed total cost of $218,50 (two tests at $95.00 each plus 15% contractor's overhead factor). ORIGINAL CONTRACT PRICE $ 56,552.50 PREVIOUS CHANGE ORDER NOS. -0- • REVISED TOTAL CONTRACT PRICE $ 56,552.50 THIS CHANGE ORDER N0. ONE $ 218,50 It is agreed by the undersigned that all extra work shall be performed and materials furnished in accordance with the original contract and in accordance with the statement, if any, attached hereto, TOTAL CONTRACT $ 56,771.00 0&B Matthews Const. Co. John Lippitt Dir. of Public Works Tom Garibay Dep. Dir, of Public Works/ City Engineer (B4:CHNG.ODR) • CHANGE IN CONTRACT r ~ r '~ • CITY OF CHULA VISTA r ~ CONTRACTS ~ .. DOCUMENTS FOR MODIFIC9TION OF EAST "H" STREET CENTERLINE MEDIAN • AT AUBURN AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA THIS 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 ?ROGRAM • _ _ 4 ti. T ~ ' CITY OF CHULA VISTA R • 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 Wednesda Au ust 26, 1987 , at which time they will be publicly opened an rea or per orm~ng wor as ollows: MODIFICATION OF EAST "H" STREET CENTERLINE MEDIAN AT AUBURN AVENUE 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 (logo) 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. In 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 $5.75 . Remit $8.75 if you wish to have the plans and specifications mailed to you. If payment i s to be made by check, i t shoul d be made payabl e to the "City of Chula Vista". NO REFUND WILL BE MADE. Revised 10/85 • Regular City Projects f, L 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 informality in any bid to the extent permitted by law. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER CITY OF CHULA VISTA ENGINEERING DIVISION DATED : ~ ~ ~ - ~ l WPC 1349E Revised 10/85 • Regular City Projects r • t ~ ~ ~ ' PROPOSAL REQUIREMENTS ANO 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 wi 11 be assumed that the bidder has i nvesti gated and i s 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 follcwing documents must be completed and submitted with the bid: 1. Proposal 2. Designation of Subcontractors 3. Affidavit to Accompany Proposal 4. Bi dder's Bond 5. Addendums (if any) The low bidder must complete the "Disclosure Statement" prior to award of the contract. • Af ter 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 i n the proposal between the 1 ump sum or uni t 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. •i ~ ~ ~ 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 PROPOSALS Proposals 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 • ~ ~ ` 1 • PROPOSAL ~~ I 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: MODIFICATION OF EAST "H" STREET CENTERLINE MEDIAN AT AUBURN AVENUE 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 THIRTY-FIVE (35) working days to complete the project. APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL •1. LUMP SUM Removal & Disposal of Existing Improvements & Excavation & Grading `~ I rU, ~'YlG l~l S a rl C~ `Q.m hum ~~,d~d •F~=FF ~ c~o((ars ~ q ~ C5. $ '• C~ 2. 100 TONS Asphalt Concrete Pavement ~l~er Tonndr~c~ -F~ v~ ~~`l0.CS ~ (0 o bD ~ I O~= ~• OCR 3. 339 TONS Processed Miscellaneous Base FerTo~r- i • I 1 ~ '~ i 1 • APPROXIMATE ITEM QUANTITIES ITEMS WITH UNIT PRICE PRICE IN WRITTEN IN WORDS FIGURES TOTAL 4. 2,126 L.F. 6 Inch Type G-1 Curb er inea o0 5. LUMP SUM Traffic Control ump um , GRAND TOTAL: ~ ~, ~ j ~ , ~ C7 • (BC2:PROP.3) • ~ -- ~._ , ~ Proposal (Continued) The undersigned further agrees that in case of default in execut- • inq 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. W ~?;(nl Contractor's State License Classification~g, ~~ ~~ 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.) t _~ ~ a ~ IU ~ . IVIc,~~.l~n~ sic r ~ e - ~C ~ r1 Ji lQ/ji' • SA11) i~-~QQc ~ C`A ~oZlt~` ~_ (Business Address) (PHONE NUMBER) Rf • • 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 Abu contractors ~ n Dollars ~~on,; ,~ • DESIGNATION OF SUBCONTRACTORS (CONT.) Division of Work Subcontractor & Address • PROPER NAhiE OF BIDDER: ~ BY:_l1/~yPY`~Gl /~~s ~r J (ec:su6s) Amount of Work by ~u6contractors in Dollars TITLE: e5«,1 i~ ' ~ ~ AFFIDAVIT TO ACCOMPANY PROPOSAL • USE THIS ORM IJ EN BIDDER IS A CORPORA ION STATE OF CALIFORNIA) SS. COUNTY OF ~~ .) ~_ I U ~r ~~Q~-~hcu~ ~ Sr . affi ant, the ~-~,c,~dCsrrrt~- President, Secretary o f Q ~ B IV\c~~ina ~5 C.c~n.~T . Z(U~ . or gr. icer ame o orporation the corporation who makes the accompanying proposal, having first been duly sworn, deposes and says: that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner • sought by collusion to secure for itself an advantage over any other bidder. S-~ Signature President, Secretary or Managing Officer STATE OF C~/LIF RNIA) SS COUNTY O~t,'1ar1 ~cti(i) On thi ~~ . day. of ~~ ~~ i n the year before me, ;,~~ ~ /~ personally appeared, ~7 ' ~ TT %a~.15 personally known to me or proved to me on the basis of satisfactory evi ence) to be the person who executed the within instrument as president (or secretary) or on behalf of the corporation therein named and acknowledged to me that the corporation executed i t. 1..~ ~~~~~~ ~ ''~ -... ~ _ KIM WENSCH G NO a ry Pub 1 i c - NOTARY PUBLIC -CALIFORNIA ~ ORANGE COUNTY C 142 9E My Comm. Expires Oet, 5,1990 BBSU 22 ~~ BIDDER'S BOND TO ACCOMPANY PROPO~L • O.B KNOW ALL MEN BY THESE PRESENTS, that I/We Matthews Construction, Inc. as Principal , and Amwest Suret Insuran m~ysurety, are a and firmly bound unto the o t e City o Chula Vista in the sum of ~`ive Thousand Eigh-t Hundred & 00/100--~-~~5,-800.--©0--- -~ , to be paid to t e sai tty 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: Not to exceed 10%•of the aid MODIFICATION OF EAST "H" STREET CENTERLINE MEDIAN AT AUBURN AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA dated August 25 ,1987 i s accepted by the City of Chul a Vista, and i f the above bounden Matthews Construc~iorhi s heirs, executors, administrators, successors an assigns, s a m y 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 (10) days (not including Sunday), from the date of the mailing of a notice to the above deno . B . Matth w by and from the City of Chul a Vista said contract ~s ready or execution; then this obligation shall become n 1 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 25th day of August ~ 19 ~..Z• APPROVED AS FORM: • O _ R Mat-t-hA~.~~r~~~s~~~e~=ea' Inc {/ , ~ ~___ ii~~ , ity Attorney n .~ , ~! WPC 1429E _ Amwest Su : "nsurance Company ~`` ,r'" ,' P-C. ~u , Atty. Fact r ~ ~. ~ 1 ~ AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 (818) 704-1111 POWER 8F ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALtFOflNIA CORPORATION does hereby make, constitute and appoint P. C. Faust its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company a8 surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obliga- tions in the nature thereof, as follows: Contract, Court, License, Permit and Miscellaneous Bonds. and to bind AMWEST SURETY INSURANCE COMPANY thereby, and ail of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions o! the 13y- Laws of the company, which are now In full force and etfect: Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on C?ecember 15, 1975. RESOLVED that the president or any vice•president, to conjunction with the secretary or any assistant secretan may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appoint ment in each case, for and On behalf of the company tq execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney- in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (t) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any sec- rotary or assistant secretary; or (H) when sfgned by the president or any vice-president or secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys•in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by faneimiln to omi nnwnr of ~ftnrncv nr ncrf ifinofinn fhn.nnf <,, ,ftin.h:..., ~ti„ ~.,..,., ,~:,.., .....i ,~„~:.._.,. „s ., _.. ~.,,~~ .._~__ fit • 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. /'~/~777~ e ~ S i ,i5/c 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. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No _~ If yes, please indicate person(s) Person is defined as: "Any individual, firm, co artnershi social club, fraternal organization, cor oration estateP~ point venture, association, this and any other county, city and county, city, municipality~recdestrictso r~other political subdivision, or any other group or combination acting~as a unit." (NOTE: Attach additional pages as necessary.) - Signature of contractor%dat~e ~ - - WPC 1281 E ~ ~ ,S ~~ T ~~~ , - • rent or .type name o contractor ~, + `. I Bond # 1136928 Executed in duplicate, Premium: $ 1,381.00 , E3~f!!l~ P~~~o~~ E$A-S~® OIL BOND FOR FAITHFUL PERFORMANC~~~Q~- ~~~~f~`~P`~~T p€~ICE • KNOW ALL MEN BY TNESE PRESENTS that I We ~ O.B. Matthews Construction, Ir}c. the Contractor in the contract hereto annexed, as Principal andAmwest Surety Insurance ~rg.Surety, are held and firmly bound unto the City of Chula Vista, locate in San Die o Countyy,58alifornia, in the sum OfFifty-Six Thousand Five Hundred Fi~ty-Two&ll~d x$56 552.50-------} law u money o e n~ e a es, or w is payment, we an ru y o e made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated September 14 , 1987 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: MODIFICATION OF EAST "H" STREET CENTERLINE MEDIAN AT AUBURN AVENUE 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 the contract or to the work or to the specifications. , ,B O.B. Matthews Construction, Inc. t S~ety Insurance Company ontractor APPROVED AS T RM: ~i~~/ City Attorney P.C. Faust, Atty.=in-Fact Surety •WPC 1429E Bond # 1136928 Executed in duplicate BOND FOR MATERIAL AND LABOR • KNOW ALL MEN BY THESE PRESENTS, That I/We 0. B. Matthews Construction, Inc . the Contractor in the contract hereto annexed, as Principal, and as Surety, are held and firmly bound unto the City of hula Vista, located in San Diego County, California, in the sum of -------------~ ---------------~ - ~~56 552.50-----} lawful money o t e note tates or w ~c payment well an tru y to a made, we bind ourselves, jointl~r and severally firmly by thes presents. .Fifty-Six Thousan Five HundreclFifty-Two & ~0/100 Signed, sealed and dated September 14,1987 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: MODIFICATION OF EAST "H" STREET CENTERLINE MEDIAN AT AUBURN AVENUE IN THE CITY OF CHULA VISTA, 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 to _fiL~-claims under and by virtue of the provisions of an act of the Legislature of 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 nor/~'o the work or to the specifications. ~ ~ Amwes~~S~a'rety~Insurance Company Contractor Surety V P.C.~ aust, tt .-in-Fact APPROVED AS TO FORM: torney ~• WPC 1429E ~ -- AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 • (818) 704-1111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A GALlFORNIA CORPORATION does hereby make, constitute and appoint P. C. Fsust its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obliga- tions in the nature thereof, as follows:. Contract, Court, Licens®, Permit and Miscellaneous Bonds. and to bind AMWEST SURETY INSURANCE COMPANY thereby, and alt of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the 8y- Laws of the company, which are now in full force and effect: Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed 6y facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY fNSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice-president, in conjunction with the secretary or any assistant secretar;. may appoint attorneys-ir-fact or agents with authority as defined or limited in the instrument evidencing the appoint- ment in each case, far and on behalf of the company to execute and deliver and affix the Seal of the company to bonds, undertakings, racognizances, and suretyship obligations of aH kinds; and said officers may remove any such attorney- in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (i) when signed by the president or any vice-president and attested and sealed (if a seal be required) by any sec- - rotary or assistant secretary; or (iq when signed by the president or any vice-president or secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in•fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the Itmits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may tie affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, under- taking, recognizance, or other suretyship obligations of the company; and such signature and seal whensoused shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of- fiver. and its rnrnnrato conk rr, ho ho.o,,..~...,a~~.,..a ~~:- Est ~ ^^'`~ "' • ~-. ~~ ,~' ., ~ y ~zt:~. ,y` 1e _ ~ a ~~ E `, ~ ~.-ia,r.- ^ • :. - ., . _ ~ , 09/ 1 5187 .~s~~ ~ . MAT30 1 ,.~ ~. 8 _ _ GOREWAM & ASSOCIATES BO}: 855^02 _ _ - _ _ _ -_ SAN DIEr~O, CA. 92138 619/275-6191 Royal fns Ga of America _-___. .--_-_-_ __ _.__ safec~ Ins Gc c f America O & B Matthews Construction -nc 223 N. 49tH Street °~ renera l Ins Co Cif America i San Diego CA 9210 11 .' 1 T ,..r.... ,:. x .~r ,: ~~- r. .~ :I..~,F.~ Ta~AT ~+~I_,ry~;,~s aF ~NSURANd"C. ~r;iT,_u ~ f+?~:.rI~~+C, ANY REL"Ii6RcnAEN":`, TERWi c~rr; s.ONUS.,C , .. C2. > OR WIRY PERTAIN, THE INSURANCE AFFORDED E?'€ Tt~E ~ ' .. - ~ _ _ ~ y u '!>M ``~ C%F SUCii PC3&,.a. ~cS. " t ~, ,.. ~. ; ,. . 'as - ----.. etc, a, =k'lw_ ~~l~#T4 _ .. A ^ >r, ,fu PYA_12G449 08/08/87 08/08/88 A X .. ,,;y;;, PYAJ26449 ~r~~ 08/08/87 08/08/88 _ _ __..__ - ... - 3 , ~ -,,~~_,.,,, ~ _.H r i _ ___-- _----- --__ A PYA~i26449 ~~ : rv;~~ r tPc~~a _ _ 08/08/87 08/08/88 i,, A _X -_ . a,. PYAJ26449 08/08/87 08/0$/88 , , 1000 ~ 1000 A X y. ,>; ^, ;;"r,~~,~ ^,h;, PYAL12G449 08/08/87 08/08/88 A :ric . 'r ~p,rri,.:t PYAJ26449 08/08/87 0$/48/88 _ ------ - A ,.,,~,t ,, ,u PYA_126449 08/08/87 08/08:88 1000 .,, -- .a~.I~OYVid%B~`i.E IIABiLkTY -- _ - .. .. . . .. ... .. B X ~ ..,,, BA8127020 10/02/86 10/02/87 rz ___ _ . _ , J ;t ____: B X = ~ ! BA8127020 10/02/86 10/02/87 ,; B - K ~,-c,'s. BA8127020 10/02/86 10/02/87 ~ MLKkI -i i,qi, -; r : USE a ~OR.~; ~'~t)RK.£P+- v.~~<WIPEI,PraD:1-di:+~ a~. 5OO G 4~'' "` WG8127020 ~,.. -; 100 -- - - 01l10/87 01/10/$8 500 r;° ---- 1 0 0 ,. ar ~F'~t?A1'C,"JS/~ ~kla(~fv~NEH~C! -- ~'ti~_ -,. ~ __ _ _ .. ALL ORERATIONS PERFORMED BY THE NAMED tNStJRED FOR TWE CERTIFICATE WOLDER ~'E ~ a~ ~~ ;.:, ~ ~~ ~ : ~~3E~_ E:CBt~Q-~( ~3NL} Aa90t~ Ck , n TY OF CWULA VISTA jb r;:,.^ ;a ~n ~~-~ 276 Fourth Avenue ~~ D(}t'~(?~~}Cam.}tA4dK}~};34Y~4kDWt~C~t~^~3t~1&~ti~#KJ~9~07t~' y~ P . O. BOX 1 O87 ~)4~~~~-~., ~Xit~-XX}E}(X~~~KX}(?(~3E~E7ty~E-~2~~~34-3~?E}E-}f-3E-- ~ - n , ' G ula Vista, CA 92012 ~ ~~ /. ~~~ C~ ~ J. * ~ ~` ' - ~., y ;- ; ~ r., /i , 1 ~ fir! r .. L .~ .. _ 1 . - t . r:. ~ k yeS<J~~S m,, ~s / CONTRACT • This Contract, made and entered into this day of ~ 19 by and between the City of Chu a Vista, tate of Ca ifornia her~fter called the "Owner" and C~ hereinafter called the "Contractor"; WITNESSETH: That the Owner and the Contractor for the consideration, hereinafter named, agree as follows: 1. The complete Contract includes all of the Contract Documents as if set forth in full herein, to wit: The Advertisement for Bids; the Proposal; the Accepted Bid; the Affidavit to Accompany Proposal; the Faithful Performance Bond; the Labor and Material Bond; the Plans and Specifications; Standard Specifications, 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: • MODIFICATION OF EAST "H" STREET CENTERLI NE MEDIAN AT AUBURN AVENUE 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 CHULA IST BY: ATTEST: -~ c~2~~, a K FOR THE CONTRACTOR: BY: I hereby certify that I have examined this Contract and find it to be in accordance with the provisions of the Sta BY: • WPC 1429E • :_ ~. `* I .. (This affidavit shall be executed by file 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. Z~3 >'1 ~`t~t ~1~'~- S~me~ Business ress • ~. ace o esi ence S~ ~~ ,~ ~~, ~~ ~21~7 2 ~,; ignature o ~ er INDIVIDUAL ACxNOWLEDGII~IVT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this lath day of ~PCtPmber 19,x_, before me personally appeared Owen B Matthews personally known to me or proved to me on the basis of satisfactory evidence to be the person w1~ ~°1~stfc~~~i},i~~'~ t~is~jl instrument, and acknowledged to me that ~~~ed t e ~az ~~.',l. 1° ~ ~ _: x l P- ..; ~~ z~fit C;.: , ,°Se Iii ~ J ~ r ~ I 3w~ C7Y `~' ~!'1 ~~"ZX<_ ~~C~~Z9Zt~.1 !'li ~ ~ S"`~ ~°"''~° C3u"~' ~jI Notary Public fY~y Cammi~~ic~n Expires June 15, 1990 • a ,- • .e.: ~. WORKMEN'S COMPENSATION INSURANCE DECLARATION Date: ~-~~(Q ° ~~ • 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 1 will comply with such provisions before commencing the performance of the work of this contract. ignature Contractor ~S5 ~~ State Contractors License No. caress City State l.~ ~- n um er WPC 1429E • i • T ABLE OF CONTENTS PART TITLE PAGE 1 Special Provisions - General 1 2 Special Provisions 10 • • ' r 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 1985 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 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. • r State Standard Plan s- Standard Plans, State of California, Business and Transportation Agency, Department of Transportation dated • , July 1984 and all subsequent additions and revisions. 2-1 Award and Execution of Contract (p.30) 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 (10) 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. RET ' URN 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 PROVISIOPl: 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. -2- • 2-5 Plans and Specification s 2-5.1 • General Add: (p.33) All authorized alterations affe eme s i ~ e f ~ No g ven on the approved plans shall be in writin9 changes mad f shall be e o any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Finished surfaces i n al l cases shal 1 conform with the 1 i nes, grades cross sections and dimensions shown on the approved Deviations from th , plans. e approved plans, as may be required exigencies of construction, will he determined in ll by the a cases Engineer and authorized in writing. by the 2-5.2 Precedence of Contract Documents Add: (p.34) In the event of any discrepancy between any drawing and the written thereon the fi ures h ll b figures , g s a e taken as correct. 2-10 Authority of Board and Inspection Add: (p.37) Whenever the contractor varies the period during which work is carri d e on each day, he shall give due notice to the Engineer, so that i proper nspection may be provided. The Contractor shall pay a fee established by the City for inspection services r i , equ red 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. 4-1 Materials and Workmanship 4-1.3.3 Inspection by the Agency: Delete entire section and add Section -1. below: 4-1.3.4 Inspection by the Agency and Testing (p.45) The Agency will provide all inspection of work and materials within the City limit f s o the City of Chula Vista. For private contracts, all costs of inspection at the source, including salaries and milea e t g cos s, shall be paid by the Permittee. Testing - Private Contracts and Permittees: 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- •. Testing - City Contracts: • LJhen required by the Engineer, tests shall be made to determine compliance with the plans and specifications. The tests shall be performed by a laboratory approved by the Engineer. The Contractor shall make the arrangements with the laboratory. The number of tests shall be determined by the Engineer. The costs of these tests shall be borne by the City except for the tests that fail, which shall be paid for by the Contractor. 6-3 Suspension of Work Add: (p.53) 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-compliance 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 Delays and Extensions of Time 6-6.2 Extensions of Time Add: • (p.55) 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 th ti e me 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 d eem proper, of the actual cost of engineering, inspection , superintendence, and other overhead expenses which are directly chargeable to th e contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation f o 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 -tiriting, 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. • -4- 6-7 Time of Completion Add: (p. 56) The Contractor shall begin work on or before the • the "Notice of Execution of Contract," which date than FIFTEEN (15) calendar days of the con rac y e , y. date specified in shall not be less following execution 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 THIRTY-FIVE (35) consecutive working days from the date he starts work and or the date specified in the "Notice of Execution of Contract" whichever is earliest. 7-2.2 Laws Add: (p. 59) Employment of Apprentices • 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 a~varded 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 unemployment 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 6. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. If there i s a showing that the apprenticeable craft or trade i s replacing at least 1/30 of its journeymen annually through apprenticeship training on a statewide or local basis, or D. If assignment of an apprentice to any work performed under a public works contract would create a condition which would jeopardize his life or the life, safety, or property of fellow employees or ti,e public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. -5- • 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 Fiim 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 "Pay roll P.ecords 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•59) Bodily Injury and Property Damage • The Contractor shall, throughout the duration of this contra maintain comprehensive ct general liability and property damage insurance covering all operations hereunder of the Contractor, its agents and employees including but not limited to premises and automobile, with minimum coverage of ONE MILLION DOLLARS ($1,000,000) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Clerk at 276 Fourth Avenue. Said policy or policies shall provide THIRTY (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. 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. -6- • 1 i ' ' I 2. A Best's Rating of "A", Class V, 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. 7-4 Workers' Compensation Insurance Add: The Contractor shall also carry Workers' Compensation insurance in statutory amount and Employer's Liability coverage in the amount of $500,000; evidence of which is to be furnished to City in the form of Certificate of Insurance. 7-10 Public. Convenience and Safety 7-10.1 Traffic and Access Add: (p. 65) 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 ~~lanual of the American Public 4lorks Association may be used as a handy reference for compliance but does not excuse the contractor from not complying with the State manual. 7-13 Laws to be Observed Add: (p. 68) Taxes All applicable State or in the amount paid for shall be responsible governmental authority. Federal taxes shall be the various items of for payment of such considered as included work. The contractor taxes to the proper The Contractor shall keep himself fully informed and comply with all existing State la~vs 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. Contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code, State of California. • -7- ~ ~i i ' 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 -vork. The Contractor shall have a valid City business license. 9-1 P•leasurement of Quantities for Unit Price tJork Add: (p. 73) 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 r h , eserves t e right to increase or decrease the amount of any class or portion of the work or to it om 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: (p. 76) The Engineer 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 . prior 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 th e expiration of 35 days f rom 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 fi l na certificate or final payment, shall be conclusive evidence of the performance of th e contract, either wholly or in part, against any claim of the City, and no payment shall be construed to be i n 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 1 iabi 1 i ty on account of work performed under the contract or any alteration thereof. 9-3.3 Delivered ~~lateri al s Add (p. 76) 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 th e contract by the Contractor the work and shall monthl the balanc y pay to the contractor, while carrying on , therefrom e not all i retained, as aforesaid, after deducting under the prev ous paym provisions of the ents and all sums to be contract. kept or retained • -8- ~' '~ ~ ADDITIONAL SECTIONS: 1. 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 X100,000. 2. HOLD HARMLESS The Contractor agrees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature including worker's compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the Contractor or any of its officers, agents or employees. 3. ATTORNEY'S FEES In the event of any dispute between the parties, the prevailing party shall recover its attorney fees, and any costs and expenses incurred by reason of such dispute. • WPC 2719E -9- • ~ ' Y J I~ t • ?ART 2 SPECIAL PROYISIONS 2-Ul WORK TO BE DONE The work to be done consists of narrowing the center island median by two (2) on each side on East "H" Street from 875 feet west to 355 feet east of Auburn Avenue. The work also includes the placement of processed miscellaneous base, six inch type G-1 curb „ sawcutting, removal and disposal of existing improvements and traffic control. The work to be done is shown on Chula Vista drawing No. 87-227. 2-02 STANDARD SPECIFICATIONS AND STANDARD DRAWINGS The Standard Specifications for Public Works Construction (1985) 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 & EXCAVATION AND GRADING All existing improvements required to be removed by construction of the work shall become the property of the contractor and be removed and disposed of in accordance with the provisions of Section 300-1 of the Standard Specifications and as shown on the plans. All excavation and grading necessary to obtain the finished grades as shown on the plans shall be done in accordance with Section 300 of the Standard Specifications, applicable standard drawings, and project plans. The existing stamped concrete in the median is to be sawcut full depth. Compensation for removal and disposal of excess material, pavement, curbs, stamped concrete, sawcutting and excavation and grading is considered as included in the cotract unit price bid for "Removal & disposal of Existing Improvements & Excavation & Grading". 2-04 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 Standard Special Provisions and shall be placed where shown on the drawings. - 10 - • r ~, J R The asphalt concrete shall be a 3/4" Type III, Class 63 in accordance with • Section 400-4 of the Standard Specifications. AR-4000 paving asphalt shall be used. A sand 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 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 asphalt concrete pavement required, tack coat, and sand seal coat shall be considered as included in the contract unit price paid per ton for "Asphalt Concrete Paving" and no additional compensation will be allowed therefor. 2-U5 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 the 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, • 2-06 P.C.C. TYPE G-1 CURB Type G-1 curb shall be in accordance with Section 303-5 of the Standard Specifications and with applicable Regional Standard Drawing. The top of the curb is to be flush with the remaining portion of the stamped concrete within the medians. Compensation for all material and labor is considered included in the unit cost paid for "6 inch Type G-1 Curb". 2-07 TRAFFIC CONTROL Traffic control Specifications. included in the The contractor Street at all maintained. (BC2:PROP.3) shall conform Full compen contract lump shall maintain times. The to Sections 7-10.1 through 7-10.3 of the Standard cation for traffic control shall be considered as sum price paid for "Traffic Control". one lane of traffic in each direction on East "H" cross traffic at East "H"/Auburn shall also be - 11 - •