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HomeMy WebLinkAboutBaker Construction Company; 1982-11-10; 1129DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 K Engineering Department (71') 438-5541 D Housing & Redevelopment Department 3096 Haraing S?. (714) 438-5811 D Planning Department (714) 438-5591 September 16, 1982 of Carhrtwfc 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 ORIGINAL ADDENDUM NO. 1 SUBJECT: CARLSBAD BLVD. STORM DRAIN AT MAPLE - CONTRACT NO. 1129 The bid opening date for the above project is postponed to October 6, 1982 at 4 p.m. For further information, please call me at (714) 438-5529. PAT ENTEZARI Assistant Civil Engineer PEical TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT 12 LABOR AND MATERIALS BOND 16 PERFORMANCE BOND ' 18 GENERAL PROVISIONS ' 20 SPECIAL PROVISIONS 26 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 2.M day of ^g"/T'>?/3g£, 19 82 at which time they will be opened and read for performing the work as follows: CARLSBAD BOULEVARD STORM DRAIN AT MAPLE CONTRACT NO. 1129 Said work shall be performed in strict conformity with the specifications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to said - specifications for full particulars and description of said work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by cash, certified check or bidder's bond made payable to the City of Carlsbad for an amount equal to at least ten percent (10%) of the amount of bid; said guarantee to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and to enter into a contract with the City within the period of time provided for by the bid requirements. The bidders' security of the second and third lowest responsive bidders may be withheld until the contract has been fully executed. The cash, cashier's checks or certified checks submitted by all other unsuccessful bidders shall be returned to them within ten (10) days after the contract is awarded, and their bidders' bonds shall be of no further effect. The documents included within the sealed bids which require completion and execution are the following: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Pvesponsibility 5. Bidder's Statement of Technical Ability and Experience Said documents shall be affixed with the appropriate notarized signatures and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the president or vice-president and secretary are required and the corporate seal shall be affixed to all documents requiring signatures. In the case of a partnership, the notarized signature of at least one general partner is required. Page 2 All bids are to be compared on the basis of the Engineer's estimate. The estimated quantities are approximate only, being given solely as a basis for the comparison of bids. The estimated cost of the work is $ 11,280.00 _ . No bid shall 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. The contractor shall state his/her license number and classification in the proposal. Plans, special provisions and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed contractors for the first set. Additional sets are available for a nonrefundable fee of ffi j@ per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the State of California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1. IP*- Pursuant to Section 1773.2 of said Labor Code, a current copy of applicable %**- wage rates is on file in the Office of the City Clerk of the City of Carlsbad. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said specified prevailing rates of wages to all workers employed by him/her in the execution of the contract. Also, the prime contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code of the State of California for all occupations with apprenticeships as required on public works projects above thirty thousand dollars ($30,000) or twenty (20) working days or for specialty contractors not bidding for work through a general or prime contractor involving more than two thousand dollars ($2,000) or more than five (5) working days. The amount of bond to be given for the faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in the amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of 'the claims for any material or supplies furnished for the performance of the work contracted to be done by the contractor for any work or labor of any kind done thereon._ A prebid meeting and tour of project site will 'be held on' _ _ -- -— _ at ' __ at V. ' " Page 3 Partial and final payments on this contract shall be in accordance with Section 9 of the 1979 edition of "Standard Specifications for Public Works Construction". In all cases 10% retention of the amount due will be held. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. The Contractor may, at his/her option, substitute securities, as specified by Government Code Section 16340, for the retention held on this contract. At the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a state or federally chartered bank as the escrow agent who shall pay such monies to the Contractor upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest on the monies. Approved by the City Council of the City of Carlsbad, California, by- Resolution No. "XQOH- , adopted on the "7 T^T day of 5{gr/>7^ 19 _ Date/ / Aletha L. Rautenkranz, City C^^l Clem Page 4 CITY OF CARLSBAD CONTRACT NO. lj.29 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 nrORIGINAL The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bidss examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation and services required to do all the work to complete Contract No. 1129 in accordance with the Plans and Specifications of the City of Carlsbad, and the special provisions and that he/she, will take in full payment therefor the following unit process for each item complete, to wit: Item Article w/Unit Price or ^°* Lump Sum Written in Words 1. 18" CMP complete in place including pipe anchors at dollars & cents per lineal foot ; 2. P.C.C outlet structure complete in place including flap gate at • dollars & cents per lump sum 3. Grading & Compaction dollars $ cents per cubic yard 4. Clearing & Grubbing at dollars & cents per lump sum Approximate Quantity & Unit 90 L.F. Unit Price TOTAL L.S.L.S.\r]000 280 C.Y. L.S.L.S. Total amount of bid in word s : Total amount of bid in number : Addendum (a) No(s) Jj, -t firtTW -f-j-fc't/S F-* "A- H ^fl- WQ*HiQ l\ll has/have been received and is/are included- in this proposal. /«r-> Page 5 All bids ore to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The undersigned hat, checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies within twenty (20) days from the date'of award of contract.by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of contractors, License No. §(tfyl Identification (T--3Z-— (Q — C L The undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects . fair and without collusion or fraud. Accompan3'ing this proposal is K ^^fjiL (.ft ^7i\ (Cash, Certified Check, Bond or Cashier's Check) in an amount o~f not less than ten percent (10%) of the total bid price. CARLISLE INSURANCE COMPANY BID OR PROPOSAL BOND BOND NO. 03222-2 KNOW ALL MEN BY THESE PRESENTS: BAKER CONSTRUCTION COMPANY ORIGINAL as Principal, and CARLISLE INSURANCE COMPANY ,as Surety, are held and firmly bound unto CITY OF CARLSBAD as Oblicee, in the penal sum of Ten percent not to exceed Two thousand and no 7100- (S ' ~ " ~~) DOLLARS, lawful money of the United States of America, for the payment of which, well and truK to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly b> these •sents. SIGNED, sealed and daied this 1st day of OCTOBER . 19 82 . WHEREAS, the said Principal is herewith submitting a proposal for CARLSBAD STORMDRAIN _J1129_ . .... NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Principal shall execute a contract and give bond for the faithful performance thereof within 10 days after being notified in writing of the award of such contract to Principal, or if the Principal, or Surety shall pay the Obligee the sum, not exceeding the penalty hereof. by which the amount of the contract, covering the said proposal, properly and lawfully executed by and between the Obligee and a third party, may exceed the amount bid by Principal, then this obligation shall be void; otherwise, it shall remain in full force and effect. BID DATE: 10/6/82 BAKER CONSTRUCTION COMPANY Title CARLISLE INSURANCE COMPANY By: NEAL L. WITT, Attorney-in-Fact POWER OF ATT°RNEY— ^ORIGINAL . CARLISLE INSURANCE COMPANY 3435 Wil shire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * FIVE HUNDRED THOUSAND DOLLARS * * * __ . USE OF MORE THAN ONE POWER VOIDS THE BOND *" CARLISLE INSURANCE COMPANY, a corporation duly organized under the laws of the State of California, and having its principal office in the city of Los Angelas, State of California, hereby make, constitute and appoint Neal L. Witt and/or Jane Kepner of the City of Anaheim and State of Calif • its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney-in-Fact pursuant to the authority hereby given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executed by its officers, with its corporate seal affixed this date of. STATE OF CALIFORNIA COUNTY OF LOS ANGELES .On this date of July 15, 1982 , before me, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified came FRANK V. McCULLOUGH, President of CARLISLE INSURANCE COMPANY, a California Corporation, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of said Company and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the same instrument by the authority and direction of the said Company, pursuant to the following Resolution adopted January 4, 1982, by the Directors of said Company, and now in force, to wit: "Resolved that the President, Secretary or any Vice President shall have the power and authority to appoint Attorneys-in-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, con- tracts of indemnity and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Los Angeles the day and year first written above. Notary Public1 (KUCIAt '>LAl This power not valid unless used by December 31, 1982 Uf~M^ ii^ANE R.MANN PRINCIPAL OtfCf IN lOSAMiHtS COUNTY My Commisyon f up No*. }0. 190? ORIGINAL Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we» f'ti-il i ' .S It:, as Principal, and , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of •f- Vt C T- HC i,' £ /f tip iV%fr£ Do 11 ars "($ c? b-Q~>Q(j i, lawfulmoney of the United States for the payment of which siim well and truly to be made, we bind burselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: CARLSBAD BOULEBARD STORM DRAIN AT MAPLE ; CONTRACT NO. 1129 in the City of Carlsbad, is accepted by the City Council of said City, and -if the abovebounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of award of contract by the City Council of the City of Carlsbad, being duly notified of said award., then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be. forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of Q C--f— , 19___gr2, Corporate Seal (if Corporation) Principal r By Title (Attach acknowledgement of Attorney in Fact) (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) W PAUL W. PETTIGREW NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expire! Dec. 17, 1985« Pago 6 The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. The undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2 relative to the general prevailing rate of: wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. Phone Number Bidder's Name Authorized Signature c& Bidder's Address Type of Organisation (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership; (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) _} ss-STATE OF CALIFORNIA COUNTY OF—_ nn Oct. 11, 1982 •_ before me, the undersigned, a Notary Public in and for said County and State,„ , Robert L. Bakerpersonally appeared • —— 5>0>£. 1 ° isto be the person whose name- within instrument and acknowledged^that- same. , known to me .subscribed to the .executed the O SAFECO FOR NOTARY SEAL OR STAMP OFFICIA- S? D. LANEL! [i R'AD |( NOTARY PUBLIC - CALIFORNIA ^ RIVERSIDE COUr;r^ !• My eomm. expires FEfJ 1, 1933 L 2 STATE OF CALIFQ oo _o said State, personally appear , before me, the undersigned, a Notary Public in and for known to me to be the person whose name ^| subscribed to the within instrument and acknowledged to me — that XVZ--^ executed the same. 3 WITNESS my ha/id and official s Name (Typed or Printed) OFFICIAL SEAL PAUL W. PETOGREW NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comro. Expires Dec 17, 1985 (This area for official notarial seal) ^ORIGINAL Page 8 DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Full Complete Items of Company Address Phone No. Work Name w/Zip Code w/Area Code Pago 9 DESIGNATION OF SUBCONTRACTORS continued The bidder is Co provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Hame Co n &~ Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ($ or %) ."?/; • F>-£s*" v^%jl m • ORIGINAL ^•Licenses are renewable annually by January 1st. If no valid license indicate "NONE". Valid license must be obtained prior to submission of signed contracts. (Notarize or Corporate Seal) c Bidder's Company Name 2 60 Bidder's Complete Address Authorized Signature J Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits" herewith a notarised or sealed statement of financial responsibility. Baker Construct i on Company- Statement of Assets, Li abilities; A "Fund Balance, as of June 30, 1982. Unaudited - Total Liabilities- $86,964 Capital- $281,869 Total Liabilities ft Capital- $368.8 "5 "5 UHlGfiVAL Signature (Notarise or Corporate Seal) I •3•3•a I d STATE OF CALIFORNIA COUNTY QF Riverside On Oct. 11, 1982 the undersigned, a Notary Public in and for said County and State, ; personally appeared Robert L.Baker , known to me to be tbe person whose name _ subscribed to the within instrument Ad acknowledged that.. "e ^^—executed the same. / / D. Lanelle Read Si OFFICIAL SEAL D. LANELLE READ NOTARY PUBi.iC - CALIFORNIA RIVERSIDE COUNTY f»y coram. ex;i;-2S FEB I, 10S3 ,SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL T (ih^^h D. LANELLE P"[vK'_3-: •- !;!:j NOTARY PUBLIC - C. VV&':...'•/ RIVERSIDE CO!!'' '.' My comm. expires i;.?. 1•u tin6 STATE OF CALIFORNIA | COUNTY OF Riverside > SS. n- Oct.-11, 1982 I before me> the undersigned, a Notary Public in and for said County and State, personally appeared Robert L.Baker to be the person within instrument , is_wnose name known to me subscribed to the acknowledged that "& ^-~-ytf.rntr.4 the v*/^ iy{~</ D. Lanelle Read OFFICIAL SEAL D. LANELLE READ NOTARY PuaiJC - CALIFORNIA RlVLRSmE COUNT/ My conim. expires FEB 1, 1933 \SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL f D. LANELLE '•'NOTARY PUBLIC - c. RIVERSIDE CO!"' corniili expires I,:,": ORIGINAL Pagell BIDDER'S STATEMENT OF .- ' TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a s5.milar character to that included in the proposed contract he/she has successfully performed and give: references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can. be used if wotarized or sealed. Date Contract Completed Name and address of the Eraplo3'er Name and Phone No. of Person to Contact Amount oi Typa of Work Contract: Baker Constructloft Company See attached form (Notarize or Corporate Seal) Signature 11 in 6 STATE OF COUNTY OF_ ss. V^V/UIH l J, WA _jnn October 11, 1982 ' before mKt the undersigned, a Notary Public in and for said County and State, personally appeared Robert L. Baker to be the person whose name thin instrument and acknowledged that known to me subscribed to the executed the D. Lanelle Read SAFECO FOR NOTARY SEAL. OR STAMP OFFICIAL SEA?, 1 D. LANEl.Lf] READ |' NOTARY PUBLIC - CALIFORNIA I, My comm. expires FITS 1, 1CS.1 .'; w BAKER CONSTRUCTION CO 26045 Douglass Ave. •Murrieta, CA 92362 (714) 677-6633 Contractors Lie No. 289456 October 9, 1982 «™tW»G DEPARTMENT THE FOLLOWING IS A LISTING OF PROJECTS COMPLETED, BY BAKER CONSTRUCTION CO: 1975 Highway improvement in City of Malibu Beach. Job Cost: $23,000. California State Transportation Department. (916) 445-3325. 1975 Street Improvement at National Guard Armory, Long Beach, Ca. Job Cost; $5,500. Department of the Army, Fort McArthur, Ca. (213) 876-9760. 1976 Repair and Replace Barracs gas distribution system. Job Cost* $13,000. Department of the Navy, Camo Pendelton, Ca. (714) 725-6261. 1976 Joint Venture: City of Carson^ Storm Drain. Job Cost: $47,000. (213) 421-6683.""""—- 1976 Joint Venture; Navy Hospital, Long Beach, Caj Athletic Field. Job Cost; $110,000. (213) 421-6683. 1976 Repair Sewage Digester, George Air Force Base, Ca. Job Cost: $11,230. Department of the Air Force. (714) 269-2840. 1976 Bicycle Path Construction, City of, Santa Ana, Ca. Job Cost.- $391607. 1976 Construction of P.C.C. Improvements Adjacent to Sur La Brea Park. City of Torrance. Job Cost: $13,581,10. 1976 George Air Force Base, Ca. Contract No. F0469-76-90222; Project GE 144-5. Job Cost; $80,194,84. 1976 Construction of beach access stairs^ Buena Vista & Portal' Project No. 9-76. City of San Clemente, Ca. Job Costi $19,200. 1977 Sewer & Water Tract 7402 La Serena Rancho California, Ca. Kaiser. Aetna $29,636.00 (714) 676-5641. • 4 . > 1 £'. / L L. 0 N' > / 1977 Drainage Details Project. Saddleback Valley Unified School District 25631 Diseno Drive Mission Vie jo, Ca. Job Cost: .534,918,00 (714) 586-1234. 1977 Installation of 6-inch water line along Monterey Ave. CjLty__oj£, Ontario.. 225 S. Euclid Ave. Douglas R. Walker. Contract No. 7677-25 $48,756.00 (714) 986-1151. 1977 Construct a concrete headwall. United States Dept. of the Interior. S-al Beach National Wildlife Refuge. Job Cost; $12,390.00 1977 Water Improvement Program. Mr. Ben Hildyard of James M. Montgomery, Consulting Engineers, Inc. 1050 Camino Del Mar; Del Mar, Ca. Prog. 1976-1977 Job Cost; 831,940.00 1977 On Site Sewer & Water. Contract #5014-Trac't 7402. Rancho California Kaiser/Aetna P.O. Box 755 eme^cula., Ca. 92390 Job Cost* $29,296.04 1976 Repair Gas Service Lines, Sterling Family Homes, Camp Pendleton Officer in Chars-e Construction Camp Pendleton, CA Contract #N6 2474-7 5-70 21. Job Cost; SI 3, 000. 00 •1977 Repair M?H Fire Hydrants /Valves. George A^B Dept. of Air Force George Air Force Base, CA Contract #469-76-90222. Job Costi $80,194.00 ,.1977 Installation of 12" Water Line. Paramount Blvd Rex Road to ^^ Warvale Street. C itx_o f_ Pi^c o _R iy_e_ra_, 6615 Passons Blvd. (213) 692-0401 ."Cashi C orftf ac t ~J2Q57~3 ob Cost; $37,500.00 1977 Installation of 1700 Ft. 12" Pipe., City of Redlands, CA 30 Cajon St. (714) 793-2641 Mill Creek Canyon. Job Cost; 324,450.00 1977 Installation of Water Main Greenleaf Ave. & Los Nietos Road ^* 11710 Tel.egraph Road (213) 868-0511 Job Cost; $107,175.93 1981 Concrete Vault. Newport Beach Fire Station. City of Newport Beach. Job Cost; S42,000.00 i _ 198? Water & Sewer Contract. City of Brav/ley." 344-1550. Job Cost; $142,000.00 "" 1982 Water Sprinkler. Long Beach State University. Job Cost; $16,000.00*• 1982- In Progress- Removal of Existing Filtering. City of Long Beach Veterans Admin. Hospital (213) 498-6840. Job Cost; $5,220.00 Page 12 CONTRACT -PUBLIC WORKS This agreement is made this JO day of /M Q (/. , 1 9 | ^ , by and between the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and __ whose whose principal place of business is ^foQLt JT~_ (~) & (>' M ft fL (. *rt-/i- C *?- 9 'L 3 £* —_ (hereinafter called "Contractor".) City and Contractor agree as follows: . 1. Description of Work. Contractor shall perform all work specified in the contract documents for: CARLSBAD BOULEVARD STORM DRAIN AT MAPLE Contract No. 1129 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment and personnel to perform the work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the bid documents, including the notice to bidders, instructions to bidders and contractors proposal; the plans and specifications and all proper amendments and changes made thereto in accordance with this contract or the plans and specifications; arid the bonds for the project; all of which are incorporated herein by this reference. 4. Payment . As full compensation for Contractors performance of work under this contract, City shall make payment to Contractor as follows: (strike inapplicable subparagraph) . a. In the total amount of ( -f ? to be made in a lump sum not later than 35 days from the date of the filing of the notice of completion. b. In the total amount of _ to be made in periodic payments as shown on the payment schedule attached hereto and made a part hereof. c. On a unit price basis of _ _ per unit to be made as shown on the payment schedule attached hereto and made a part hereof. Page 13 5. Independent Invest igation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcome unanticipted underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditons are as thus indicated. Contractor is satisfied will all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incured in the suspension or discontinuance of the work. However, contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a. change order deletes any work the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless signed by the City Manager nor shall any change or extra work order of more than $10,000.00 be effective unless approved by the City Council. 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. Page 14 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. ^' Insurance. Contractor shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. 11. Workers Compensation. Contractor shall cause the City to be named as an additional insured on any workers' compensation insurance policy taken out by Contractor concerning the subject matter of this contract. If Contractor has no workers' compensation insurance policy covering the subject matter of this contract, Contractor shall either: a. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or b. Shall assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury and liability of every kind, nature and description which would otherwise be covered by such workers' compensation insurance policy regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. • . Page 15 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. ORIGINAL (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) ConfTractor By (Seal) Title By uv Title ABFROVEDl AS TO, F As \5rty Attorney CITY OF CARLSBAD, CALIFORNIA City Manager, for contracts less than $10,000 /^L-oo-f U- . Lx^"UM—- Mayor, foiy contracts $10,000 and above ATTEST: City Clerk STATE OF CALIFORNIA COUNTY rw RIVERSIDE Or October 26. 1982 ss. before me, I T3C CO O s the undersigned, a Notary Public in and for said County and State, personally appeared Robert L. Baker*** proven to me on the basis of satisfactory evidence p Kfijaaasoesx to be the person whose name 1=3 subscribed to the within instrument^and acknowledged that Q£, executed the same. SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LINDA D PAYNE NOTARY PUBLIC • CALIFORNIA RIVERSIDE COUNTY My comm. expires DEC 23, 1983 Bond A/0- 0354-0 included, Page 16 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. TQ'ZQ adopted QCf. tf j has awarded to 8tf />( £]£-' ^cy>^y/6jc77o/\/go. hereinafter designated as the "Principal", a contract for: CARLSBAD BOULEVARD STORM DRAIN AT MAPLE Contract No. 1129 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, (]> /f- Kf /£-H. C G ^ <> f~' _ C Q _ , as Principal, hereinafter designated as the "Contractor", and C/f-ftLIS t~ fc— *~ j H S^t'rts ^ fa C £c~ _ C C> _ as Surety, are held firmly bound unto the City of Carlsbad in the sum of j~ffl1Jt~c~G- ^ f~ f-t & c/__ H- j~ t^ Dollars ($ /"%,/-( fr^ ty ) said sum being one hundred per cent (10030 of the estimated amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourseves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureti.es will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. Page 17 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the de^th of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the | S4* day of K|/Wg,|TflftP,i _ > C a L ft V (Notarize or Corporate /'''l / &—~^ Seal for each Signer) /? ' /{^t<-S~~-~7? Contractor KEPN& •feu* IL'sa^fcSP 1 ORIGINAL I en O .9 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On October 26.1982 > ss. before me, 55 the undersigned, a Notary Public in and for said County and State, 8 personally appeared Robert L. Baker*** proven to me on the basis of satisfactory evidence _whose nameto be the person- within instrument and acknowledged that_ same.i subscribed to the executed the SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL LINDA D PAYNE NOTARV PUBLIC CALIFORNIA RIVERSIDE COUNTY My comm. expires DEC 23, 1983 Stale ol CALIF > County ol ORANGE \ ss: Or NOV "J 1982 • before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared 1ANF KEPNER known .o me lo be Attorneym-Fact ol CARLISLE INSURANCE COMPANY the rorporat.cn described in and that executed the within and foregoing instrument, and known to me to be the person vho executed itit- o.iid instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHEREOF. 1 have hereunto set my Jiand and affixed my official seal, the day and year staled in this certificate above. My Commission Expires. 36O212-6-66 OFFICIAL SEAL [AUKI£ B. Notafy Public - California ! ORANGE COUNTY ! My Commission Expires March 9. 1984 ! b. RD. Notary Public ORIGINAL No- Page 18 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 1 Q 3~% adopted QC-I . I*}, has awarded to Sfl « &£, Co //ST/g U <^Tl*=>M <3o . hereinafter designated as the "Principal", a contract for: CARLSBAD BOULEVARD STORM DRAIN AT MAPLE Contract No. 1129 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terras thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, WE, fffy-H <T7l C & h £ f— , as Principal, hereinafter designated as the "Contractor", and C. ff-fil~ I t> L C I M <> c/fi as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of I'M i fLr-tr tsy* j-Lj-ei/t, 4- f^f fv I'<L bTL £-*-/ f-y^ Dollars ($ |7/ h tfQ'*-.0* )> said sum being equal to 100 per cent (100%) of the estimated amount of the contract, to be paid to the said City or its certain 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 that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and tiny alteration thereof made as therein provided on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation sh.all become null and void; otherwise it shall remain in full force and virtue. Page 19 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terras of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the _V£LL_day of Kl ON/fiCT>&£* f- \l f~ A ft &- K (Notarize or Corporate Seal for Each Signer)Contractor CARLISLE INSURANCE COMPANY SuretyJlHE KEPNER,-/.V- I 3•O I O STATE OF CALIFORNIA COUNTY OF RIVEI n. October 26, SIDE 1982 V ss. before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert L. proven to me on the basis of satisfactory evidence whose name—ISto be the person whose name—IS subscribed to the within instrument and acknowledged that—Lie~A executed the same. ' . /- ^ , Y A/. SAFECO { FOR NOTARY SEAL OR STAMP x^g^X OFFICIAL SEAL JCAsfel-% LINDA D PAYNEratj*Jip:a NOTARY PUBLIC • CALIFORNIA \§yg|£/ RIVEiiSiDH COUNTY ^tses*' My comm. expires DEC 23, 1983 t Stale ol CALIF i County ol ORANGE \ ss Or Nf\V "*' 19 9<- • before me. a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared 1ANF KFPNFR known to me lo be A»orney.m-Fact ol CARLISLE INSURANCE COMPANY the rorpctat.cr described in and that executed the within and foregoing instrument, and known to me to be the person who executed iht- j.nd :nsir ;.T.enl IP. behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHEREOF. 1 have hereunto set my .hand and affixed my official seal, the day and year staled in this certificate above. My Commission Expires. 36O212-6-6« OFFICIAL SEAL IAIJRIF B EPNER c-Cafilornia i •.,.,.,. /Notary Public - c°Thqiq«J UURIE B. EPNERMy Commission txpires March 9,1984 j ORIGINAL '0V POWER OF ATTORNEY ORIGINAL CARLISLE INSURANCE COMPANY 3435 Wilshire Boulevard, Los Angeles, CA 90010 KNOW ALL MEN BY THESE PRESENTS: That this Power of Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY-IN-FACT AND THE LIABILITY OF THE COMPANY SHALL NOT EXCEED * * * FIVE HUNDRED THOUSAND DOLLARS * * * . USE OF MORE.THAN ONE POWER VOIDS THE BOND CARLISLE INSURANCE COMPANY, a corporation duly organized under the laws of the State of California, and having its principal office in the city of Los Angeles, State of California, hereby make, constitute and appoint Jqne Kepner Of the City Of Anaheim and State Of California t its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and deliver in its behalf as surety, any and all kinds of bonds, and to bind CARLISLE INSURANCE COMPANY, hereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of said Company, and all the acts of said Attorney-in-Fact pursuant to the authority hereby given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the said CARLISLE INSURANCE COMPANY, has caused these presents to be executed by its officers, with its corporate seal affixed this date of November 1, 1982. CARLISI/E INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this date of July 15, 1982 , before me, a Notary Public of the State of California, in and for the County of Los Angeles, duly commissioned and qualified came FRANK V. McCULLOUGH, President of CARLISLE INSURANCE COMPANY, a California Corporation, to me personally known to be the individual and officer described herein, and who executed the preceding instrument and acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of said Company and that the seal affixed to the preceding instrument is the Corporate Seal of said Company and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the same instrument by the authority and direction of the said Company, pursuant to the following Resolution adopted January 4, 1982, by the Directors of said Company, and now in force, to wit: "Resolved that the President, Secretary or any Vice President shall have the power and authority to appoint Attorneys-in-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, con- tracts of indemnity and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Los Angeles the day and year first written above. Notary Publicl ____ X V^Rap&V OFFICIAL S£Al This power not valid unless used by December 31, 1982 ft/£-Jr£& ILLEANE R. MANNK Vrr=T=,— *Mi NOTARY PUBilC-CAllFORNW PRINCIPAL OfFC£ IN IOS ANGELES COUNTY My Commission E«p. Nm. 30. 1982 Page 20 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents and the General and Special Provisions attached thereto. The Construction Plans consist of 1 sheet(s) designated as City of Carlsbad Drawing No. 222-3 The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT a) Engineer: The word "Engineer" shall mean the City Engineer or his approved representat ive. b) Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. Page 21 c) Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. d) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import'of the Engineer is intended. ; e) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment and transportation. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6.1 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the Notice to Proceed letter is not met by the Contractor, he will be assessed the daily salary of the City inspector for each working day beyond the completion date, as damages. Page 22 Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 3 O consecutive calendar days from the date of receipt of said "Notice to Proceed." NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two copies to the City Engineer. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish inspectors-with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. Page 23 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party ..he contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors and materials suppliers shall provide and install the work as indicated, specified and implied by the contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The proposal of the bidder shall be in strict conformity with the drawings and specifications and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment or process tested as to its quality and strength, its physical, chemical or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, erect, or install the material, Page 24 apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than 10 days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated., No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, The City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of t ime. Page 25 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. COPES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC American' Standards Association ASA Underwriters Laboratories, Inc. UL Department of Commerce Standards CS American Concrete Institute ACI WATER FOR CONSTRUCTION The contractor shall obtain a construction meter for water utilized during the construction under this contract. The contractor shall contact the appropriate water agency for requirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate payment will be made. Page 26 SPECIAL PROVISIONS 1. CORRUGATED STEEL PIPE The material for corrugated steel pipe and pipe arches shall be zinc coated (galvanized), iron or steel sheet, conforming to AASHTO M 36 and M 218. In accordance with the requirements of Section 4, the manufacturer of corrugated steel pipe and pipe arches shall furnish to the engineer a certificate of compliance stating that the materials furnished comply in all respects with these specifications. The engineer may require additional information or test to be performed by the contractor, at its expense. Payment for corrugated metal pipe shall be on a lineal foot basis and shall include, but not be limited to, all materials and labor to furnish and install the following items: ; A. Placing and joining corrugated metal pipe B. Removing and disposing of existing pipe, concrete pipes and anchores C. Furnishing and replacement of asphaltic concrete and base material around the manhole if required D. Connecting the new CMP pipe .to existing manhole E. Placing concrete pipe anchors F. Furnishing and placing CMP pipe .coupling bands, water seals and gaskets G. Pressure testing all joints H. Placing and compacting base material for pipe bedding 2. FIELD JOINING OF CORRUGATED METAL PIPE Pipe sections shall be laid in the trench with a maximum spacing between sections of 1 1/2 inches (38mm). Annular corrugated pipe shall be laid in the trench with outside laps of circumferential joints upgrade. The pipe coupling corrugations or projections shall properly engage the pipe sections before bolts are tightened. Care shall be taken to ensure that dirt or other particles do not get between the' outside of pipe and the pipe coupling. Paved inverts shall be placed and centered on the bottom of the trench. Any damage to the protective lining and coating shall be repaired prior to the backfilling around the pipe/ Joints for 18" downdrains shall have a tensile strength (pull apart strength) of 5000 Ibs. Page 27 3. PIPE DOWNDRAINS Pipe and couplings for downdrains shall be watertight in accordance with the following provisions: a. ) COUPLING BANDS The coupling bands shall be of the same material as the pipe. Coupling bands shall be either one or two piece construction, Coupling bands shall not be more than two thickness lighter than the thickness of the pipe to be connected but shall be not less than 0.052 (1.3 mm) or more than .109 inch (2.8 mm). The minimum width of the coupling bands for pipe ends with anular and helical corrugations shall be 10 inches (250 mm) and 12 inches (300 mm) respectively with the exception of couplings utilizing flanged pipe end. » The metal of couplings shall be corrugated, dimpled or channeled in such manner that it will effectively engage the corrugations or flanges of the pipe ends. All coupling band connection hardware shall be galvanized or electroplated in accordance with ASTM A164 type RS or ASTM A 165 type TS. Bolts and nuts for all types of coupling bands shall co-nform to the requirements of ASTM A307. b. ) Watertight Joints Watertight joints shall be provided by the use of approved sealant or gasket materials. These materials shall be neoprene expanded rubber or sheet rubber gaskets, "0" ring -rubber gaskets, butyl rubber base joint sealant, or other approved materials. Sheet rubber gaskets shall be at least 7 inches (175 mm) wide and 3/8 inch (10 mm) thick and shall conform to the requirements uf ASTM D 1065 with grades 41 to 43 inclusive, unless otherwise specified. "0" ring shall conform to ASTM C443 and shall not be used on helical corrugations. Test for watertight joints shall conform to the following provisions. 4. LEAKAGE TEST FOR CORRUGATED METAL PIPE After the pipe has been laid and assembled, the pipeline shall be filled with water to a hydrostatic pressure head of 7 feet above the highest point in line to be tested. The hydraulic head of 7 feet can be obtained by the following steps: a) Seal the manhole and plug the end of existing upstream pipe in the manhole. b) Plug the lower end of the pipe at outlet box. c) Fill the manhole and the new constructed pipe until the elevation of water in the manhole is 45.4 (7 feet above the invert o f manhole. ) Page 28 5. STORM AND GROUNDWATER DAMAGE The contractor shall contract assume all risk the operations and the p improvements being built be caused by water of wh industrial waste, irriga sewever, the contractor expense of protecting or all equipment or materia action of the elements. , throughout the entire term of this s and expenses of interference and delay in rotection from or the repair of damage to by the contractor under the contract as may atever quantity from floods, storms, tion, underground, or other so'urces. shall also assume full responsibility and removing and returning to the site of work, Is under his/her care endangered by any Furthermore, the contractor shall indemnify and save harmless the City against all claims or suits for damange arising from his/her operations in dewatering the work and control of water. All works installed by the contractor in connection with control of water, but not specified to become a permanent part'of the project, shall be removed and the site restored, insofar as practical, to original condition at the contractors expense. Should a storm occur prior to the date upon which the work is completed and should debris or other materials be deposited as a result of said storm in or upon any works or improvements of whatever nature constructed under this contract, the contractor shall immediately remove and dispose of such deposited material and no additional compensation for such removal 'and disposal will be made. The contractor shall, at all times, when rainfall or other drainage flows are occurring on the project, have supervisory personnel and workers on duty. During such times, the contractor shall have readily available sufficient material and equipment to protect the public from danger and to protect the project work, as well as private or public property from damage. The cost of such work is included in the unit prices bid for the various items of work and no separate or additional payment will be made therefor. 6. STORM DRAIN BEDDING The subgrade or basement material on which the storm drain is to be constructed shall be firm, thoroughly compacted and true to grade. Aggregate base material shall be Class II and conform to the requirements of Section 301-2 of the SSPWC. The.#3 or #4 crushed rock shall be natural rock and shall be mechanically crushed with 100! passing the one inch sieve and 95% retained on a 3/8 inch sieve and no more than 2% passing #20 sieve. The rock shall be compacted mechanically after p1acement in the trench and shaped to receive the pipe. Page 29 Backfill shall be compacted to 90% of maximum dry density as determined by ASTM test method number D1557-58T. The cost of base material and backfill must be included in the unit price of various items of work and no additional payment will be made therefor. 7 . STORAGE OF MATERIALS IN PUBLIC STREETS No materials shall be stored in public sidewalks or driveways. No materials shall be stored other than those where the storm drain is to be constructed as part of this contract, and then only within the limits of the construction subject to the additional restrictions listed be low. A. Storm drain, pipes may be stored on public streets for a period not to exceed five working days. B. Backfilling materials may be stored within 100 feet of the pipe laying operation only. ; C. No construction equipment should be stored on Carlsbad Boulevard. All cost involved to comply with the above requirements shall be included in the prices for various items of work. 8. PROTECTION, RESTORATION AND CLEANUP OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection, restoration or replacement of any improvements existing on public or private property at the start of work or,placed there during the progress of work and not specified or shown on the plans to be permanently removed. All existing improvements shall be reconstructed to equal or better the existing improvements removed or damaged. The contractor shall select his/her equipment with a view of minimizing the damage to street. The equipment or the type of construction method used which tends to inflict unnecessary damage to the street, in the judgment of the engineer, may be ordered dis- continued unless the contractor demonstrates, to the satisfaction of the engineer, that modifications to his/her methods or equipment will not inflict unnecessary damage to the street. In submitting a bid, the contractor will be deemed to have carefully examined the site of the work and to have become acquainted with all conditions relating to the protection and restoration of existing improvements. The City does not guarantee that all improvements are shown on the plans and it shall be the Contractor's responsibility to provide in the bid for the protection and restoration of all existing improvements except those otherwise specified herein. The contractor is required to conduct concurrent cleanup operations as the work proceeds. Construction area shall be completely cleaned of dirt, debris, trench soil, equipment and construction material; and areas are to be completely restored. Page 30 Dumping or storage of materials or storage of equipment in public or private property requiring subsequent cleanup shall not be permitted unless written permisson is secured from the agency having jurisdiction or owner of the property and submitted to the engineer and approved. 9. TRAFFIC CONTROL IN CARLSBAD CITY STREETS The traffic control includes the construction of detours, street closures, and related work necessary and required for the construction ofthe storm drain. A. Notifications: The contractor shall notify the following City departments 24 hours prior to the start of work on this project and 24 hours prior to closing or opening of a street or alley within the City of Carlsbad: Engineerng Department - 438-5541 101 Sl^ f Police Department - 438-5511 /~\ •-*•'-* .. • Fire Department - 438-5521 ORIGINAL The City of Carlsbad will furnish, at no charge to the "TEMPORARY NO PARKING" signs to be posted (and removed) by the contractor immediately when not required to facilitate the work. B. Barricades, Guards and Safety Precautions: To protect persons from injury and to avoid property damage, adequate barricades, bridging, construction signing, warning lights and guards as required shall be placed and maintained during the progress of construction work and until it is safe for traffic to use the street or highway. All piles of material, equipment, pipe and other objects that may serve as obstructions to traffic shall be barricaded and have warning lights. The warning lights shall be of intermittent flashing type, amber in color and shall be working from one-half hour before dusk continually until one-half hour after dawn the following morning, and when visibility is poor. All safety rules and regulations of local and State authorities shall be observed. Portable delineators, including the base, shall be composed of material that has sufficient, rigidity to .remain upright when unattended and shall be either flexible or collapsible upon impact by a vehicle. The base shall be of such shape as to preclude roll after impact. The base shall be of sufficient weight or shall be anchored in such a manner that said delineator shall remain in an upright position. If the portable delineators are damaged, displaced or are not in an upright position, from any cause, said delineators shall immediately be replaceddd or restored to their origninal location, in an upright position, by the contractor. Page 31 The vertical portion of the delineators shall be predominately orange color. The posts shall be not less than 2 1/4" in width or diameter, if tapred, shall have a cross-sectiona1 area of not less than 100 square inches measured through the vertical axis of the delineator, normal to the roadway. The minimum height shall be 37 inches above the traveled way. Flourescent traffic cones shall be of good commercial quality, flexible materials suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented flourescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of sufficient weight and size or shall be anchored in such a manner that the traffic cone will remain in an upright position. C . Traffic Control: In order to expedite the passage of public traffic through or around the work and where ordered by the engineer, the contractor shall install signs, lights, flares, barricades and other faclities for the sole convenience and direction of public traffic. Also, where directed by the engineer, the contractor shall furnish competent flagpersons whose sole duties shall consist of directing the movement of public traffic through or around the work. No. material or equipment shall be stored where it will interfere with the free and safe passage of public traffic and at the end of each day's work and at other times when construction operations are suspended for any reason, the contractor shall remove all equipment and other obstructions from that portion-of the roadway open for use by public traffic. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of'existing systems. The contractor may be required to cover certain signs which regulate or direct public traffic. The engineer will determine which signs shall be covered. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to abutting property owners. All streets and highways used by the contractor shall be kept free of debris, dust and mud by the contractor. Personal vehicles of the contractor's employees shall not be parked on the traveled way at any time, including "any section closed to public traffic. When entering or leaving roadways carrying.public traffic, the contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. Page 32 The provisions in this section may be modified or altered if, in the opinion of the engineer, public traffic will be better served and work expedited. Any proposed modifications shall be approved in writing by the engineer. Whenever a lane closure is made, the contractor shall close the lane by placing flourescent traffic cones, portable delineators, or other devices approved by the engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag shall be placed at the beginning and at the end of the taper. Whenever work .is being performed adjacent to a lane carrying traffic, the edge lane or edge of pavement shall be delineated by placing temporary portable delineators adjacent thereto. Should the contractor appear to be neglectful or negligent in furnishing warning and protective measures as above provided, the engineer may direct attention to the existence of a hazard and the necesary warning and protective measures shall be furnished and . installed by the contractor at his/her expense. Should the engineer point out the inadequacy of warning and protective measures, such action on the part of the engineer shall not relieve the contractor from responsib1ity for public safety or abrogate his/her obligation to furnish and pay for these devices. Full.compensation for furnishing, placing, maintaining, replacing and removing construction signing, barricades, delineators and traffic cones; for covering signs as directed by the engineer; and for furnishing flagpersons shall be considered as included in the various contract items of work involved and no separate payment will be made therefor. 10. DUST CONTROL The contractor shall furnish a water supply vehicle on the job site. The contractor shall apply water in the amounts and at intervals as directed by the engineer. The water supply vehicle and an operator shall be available upon a reasonable notice as determined by the engineer for after-hour, weekend, or holiday dust control work. If the contractor is not available for dust control measures, the city will arrange for the work to be performed by others and will deduct all equipment, labor, and materials costs therof, from the contract amount. The contract shall furnish a street sweeper vehicle on the job site and shall sweep areas as directed by the engineer. All costs involved for dust control, including supplying and operating water supply vehicles, street sweepers, shall be absorbed in other items of work. Page 33 11. CLEARING AND GRUBBING Clearing and grubbing shall include, but not be limited to, the removal and disposal of concrete anchors, concrete head wall, shrubs, rocks and any other deleterious matter necessary to accomplish the construction of the improvements as shown on the plans and as specified in these special provisons. Material ren. ?ved shall conform to the requirements of Section 300' 1 of the ASSPWC and these Special Provisions. All concrete, rock, pipe and other material removed shall be disposed of in a manner acceptable to the engineer. The cost of the material disposal shall be deemed included in the lump sum price bid for clearing and grubbing and no additional payment will be made there for. •• * . COUPLES TYPE P.-PE COSP.UCATION T« P:a;a Irrtori Fla-v- j lV,"x'4" A-v^jr Chcrv.«l *r.; Cncnr*! 22/3"«'/2" 22/j"x'/2" i W PiPE SIZE | OR i A 8" 1 12" Thru 24" j 12" Thru 24" j 3/4" 2J/3"x '/2" i Thru 24" | 12" V^y.tt 2 2/3" « '/2" j Thru 24" j 10 '/2" PIPE WALL THICKNESS .064" .064° .064" .064" .064" Kc'cci 22/j"«-/2" | Thrw24" ! 12" j .061" BAND THICKNESS 052" .054" BAR AND STRAP 1 " ANGLE STRAP 1 3AR iryy^NCiOMSTHICKNESS! DIAMETER! ' "~ "BOLTS RIVETS ANGLE TO BAND ] 3-3/8" Sue DetaiK .079" | .079" .064" .064" .079" .0/9" 7/tl" J2"x2"xVl5l| 1 -V2" v'l^i-.^V"r~*i \ 3-V s-3/a" .OC4" j . J2"x2"x3-'ii,'' 3-V2"i 3-3V SPOT WELD ANGLE TO 3 A NO S-'/j" See Details 3 - '/e" 3 -l/2" r^T? JiTFT; »- GtNERAL NOTES 1 i i 1. A!! coupling bond correction hcrdwcre sholi &c n wifh th« SroncIO'-d Spgcificciions. SisteS^'vt leg for rivets and spot we'ds. 3. Dimensions ond inicknesses stown are mLntrrwrn, 4. Spot we'Js shell uevelop mi-i-num required strength of slrcp. 5- 3or y:eid s!fengtn, ^2,000 pii minimum, 6. Fillet welds o* equivc.ent strength moy ba subs'ituJed '0' spot walds or rivets. ±r±r±;±:j . E-»CJS£;s NC . J'JLY1.19£0.__. ^=""—^_'^^vf~~ Chof" NOTE: as or. aHernat. to S«ged «nd. an owsiz. brio,, cip may be used. Spot wtldi ANOLS CONNECTOR Ullljj PARTIAL SECTION A-A Fiona. Height Cho;v,ei Coop||n, Bond 'ft — SECTION S-B Oo•s ANNULAR COUPLING BAND COUPLING BAND 3iR 8 STRAP COHNECTOR CHANNEL COUPIJNG BAND „ _FOR FLANGED END C.S.R .Belt Sor /•?$!?$""> Coupling I '/2"m!n. f Sana Sand -Joint S«lonr 'Spot Waidsv NOTE: mintrnym of 2 spot wslds p«r conndction STRAP DETAIL /^Forged Steel Bar 5 '/<" Bolts 5 " < I r<il\ j | I jjj|l | If— Joint Sealant JOINT CROSS SECTION for'/2' bolts HUGGER COUPLING BAND FOR REFORMED END HC.S.R. OR ANNULAR C.S.P, BAR DETAIL TWO PIECE NTEGRAL R-ANG-E DIE FORMED BAND FOR H.C.S.P STATE OF CALIFORNIABUSINESS >SNO TRi.NSPDRTATiON AGENCY DEPtSTMENT OF TRANSPORTATION C.S.R DOWNDRAIN COUPLING DETAILS DS7-A OR/G/A/J m U)