HomeMy WebLinkAboutCalco Construction; 1983-05-12; 3132CITY OF CARLSBAD
San Di ego County
California
CONTRACT DOCUMENTS & SPECIFICATIONS
for
BUENA VISTA LAGOON
DREDGING AND IMPROVEMENTS
PROJECT NO. 3132
March 15, 1983
TABLE OF CONTENTS i
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 27
FAIR EMPLOYMENT PRACTICES 37
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 10:00 AM on
the 4th day of April , 19 83 at which time they
will be opened and read for performing the work as follows:
BUENA VISTA LAGOON DREDGING AND IMPROVEMENTS t
PROJECT NO. 3132
Said work shall be performed in strict conformity with the specifi-
cations 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 fur-
nished 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 com-
pletion and execution are the following:
1. Proposal
2. Bidder's Bond
3. Designation of Subcontractors
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience
Said documents shall be affixed with the appropriate notarized signa-
tures 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 $ 920,000 _ .
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 non-refundable fee of $18.00 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.
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 re-
quired 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.
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. 7165 , adopted on the 15th day of
March 19 83
23
Date A
City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Page 4
CITY OF CARLSBAD
PROJECT NO. 3132
PROPOSAL
The undersigned declares he/she has carefully examined the location of the work,
read, the Notice Inviting Bids, 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 Project No. 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:
ALTERNATIVE A (dredging):
Article w/Unit Price or
Lump Sum Written in words
Mobilization and
Approximate
Quantity
& Unit
L.S.
&{/c ent s
per Lump Sum.
Dredging & Disposal at2.
per public rf^ra,
3. Construct Islands at
&
_do liars
"cents
dollars
"cents
per Cubic Yard
per Lump Sum
51,000 C.Y
ALTERNATIVE B (dredgi ng plus weir) :
Includes Items 1, 2, and 3 above pi us:
4. Weir structure complete in
at ,
dollars
"cents
L.S.
Unit
Price
L.S.
85,000 C.Y. $ &
$ 2-~~
L.S.
TOTAL
5/5'g? /
Page 4A
ALTERNATIVE C (dredging plus fence):
Includes Items 1, 2, and 3 above plus:
Approximate
Item Article w/Unit Price or Quantity
Lump Sum Written in Words & UnitNo.
5.
Unit
Price TOTAL
5 foot high chai n 1i nk
fence,with top rail at
2300 L.F.$
_do liars
"cents
per Li
5 foot high chain li nk
fence with top rail and
extended poles into lagoon at
dollars
900 L.F./--7200'
¢s
per Lineal Foot.
7. 12' wide double drive* gate at 1 each $ '
.dollars"
cents
per Each
ALTERNATIVE D (dredging plus weir plus fence):
Includes Items 1, 2, 3, 4, 5, 6 and 7 above.
Please indicate total bid price for each alternative below:
ALTERNATIVE A:
Total/Amount "for Items 1, 2 and 3yi n Words:u
Total Amount for Items 1, 2, and 3 i n Numbers:
ALTERNATIVE B;
Total Amount for Items 1, 2, 3 and 4 in Words
7. 770 ^
y
: /j,t-ts*>
Total Amount for Items 1, 2, 3, and 4 in Numbers:
ALTERNATIVE C:
Total Amount for Items 1, 2, ,3, 5, 6 and 7 in Words:
Total Amgy^ht for Items 1. 2. 3. 5. 6 and 7 in Numbers:
ALTERNATIVE D:
Amouit for Items 1, 2, 3, 4, 5y 6 and 7 in.Words:~y
? r"^k
,
. -Tjal Amount for Items 1. 2. 3. 4. . 6 and 7 in Numbers:
Page 4B
.v-:**.":,..
^Addendum (a) No(s) NONE has/have been received and is/are
included in this proposal.
Page 5
All bids are 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 has 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 re-
quired 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. 437249 A
Identification Class A- General Engineering Contractor
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.
Accompanying this proposal is Bidders' bond in amount of in% nf hid
(Cash, Certified Check, Bond or Cashier's Check)
in an amount of not less than ten percent (10%) of the total bid
price.
Page 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 pre-
vailing rate of wages for each craft or type of worker needed to
execute the contract and agrees to comply with its provisions.
619-471-0780
Phone Number
April 4, 1983
Date
CALCO CONSTRUCTION. A JOINT VENTURE
Bidder's Nc
Authori z
Wm. A. Corn-Partner >
145 Vallecitos De Pro, #C
Bidder's Address
San Marcos, Ca. 92069
Authon ze
Charles J. Lumsdaine-partner
Partnership
Type of Organization
(Individual, Corporation,
Partnership)
Li
c
President, Secretary, Treasurer and Manager if a
names of all partners, if a partnership:
Charles J. Lumsdaine *•
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY
ALL PRINCIPALS MUST BE ATTACHED)
(CORPORATE SEAL)
PARTNERSHIP ACKNOWLEDGMENT NO. 203
On this the _Z_ day of
the undersigned Notary Public, personally appeared
PATR'CIA R Fi f-TTER
NOTARY PUBLIC - CALIFORNIA
SA.'J DIECO COUNTY
My conn, expires J..:j 30, 1037
D personally known to me
/KOproved to me on the basis of satisfactory evidence
' to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESSfriy h^nd and official
Notary's Signature
MOT4HV AssoriATiDM • »r«ii9 Vunh.ra Rivri « P.O. Box 462S • Woodland Hills. CA 91364
SEE ATTACHED BIDDERS' BOND p 7
BIDDER'S BOND TO ACCOMPANY PROPOSAL
>s*w
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal,
and __^_^__^ , as Surety, are held
and firmly bound unto the City of Carlsbad, California, in the sum
of r_____ Dollars
($ ), lawful money of the United States for the pay-
ment of which sum well and truly to be made, we bind ourselves,
jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bonded principal for:
BUENA VISTA LAGOON DREDGING AND
IMPROVEMENTS PROJECT NO. 3132
in the City of Carlsbad, is accepted by the City Council of said
City, and if the above-bounden 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, itk-* 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 , 19 .
Corporate Seal (If Corporation)
Pri ncipal
Surety
By
Title (Notarial acknowledgement of
~ execution by all PRINCIPALS and
(Attach acknowledgement of SURETY must be attached.)
Attorney in Fact)
State of California,
County of ORANGE
SS:
., day of.APRIL
OWEN M. BROWN ., in the year 1983 before me Notary of Public
_, personally known to me (or proved to me
On thk 1ST
personally appeared
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-ln-Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC: JNSURANCE COMPANY thereto as surety, and his (her) own name as Attorney-ln-Fact.
CilC-C.-11'
„ ORA.'.'GECCr-]/
M/Comm. £x?ircjjur!i j ;
My Commission expires
BDU-1818 ED. 6/82 (CALIF.>
.,19.,_ .- , -~Notary Public ij^anafor said County
PARTNERSHIP ACKNOWLEDGMENT
388888883888888888888888833889833
State of C $**'{•» s~"' *- \ Onthisthe^^d
C 7}'County of ^^^? L//£
NO. 203
888888888888888
the undersigned Notary Public, personally appeared
D personally known tome
JBPproved to me on the basis of satisfactory evidence
' to be the person(s) who executed the within instrument on behalf of the
partnership<af»d acknowledged to me that the partnership executed it.
WITNESS my h/and and official sea
OFFICIAL SEAL
PATRICIA R FLETTER
NOTARY PUBLIC - CALIFORNIA
SAN D!EGO CC''JNTYMy cor.r\ expires JAN 1C, 1037
7130122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
TJ1STITE32D
HEAD OFFICE, FEDERAL WAY, WASHINGTON
Bond No. U 49 27 02
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we CALCO CONSTRUCTION, A JOINT VENTURE
as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of
Federal Way, Washington, a corporation duly organized under the laws of the State of Washington,
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF CARLSBAD, CA "
as Obligee, hereinafter called the Obligee, in the sum of AN AMOUNT OF M3NEY EQUAL TO TEN
PERCENT OF THE TOTAL BID IN--Dollars ($ 10% OF TOTAL BID ).
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for BUENA VISTA LAGOON DREDGING AND
IMPROVEMENTS
BID OPENING: APRIL 4, 1983
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 1ST day of APRIL A.D. 19 83
JOINT VENTURE
(Witness)
UNITED PAi :OMPANY
BY: /J
M. BBDWNf, 'Attorney-in-Fact
BpU-2305 Ed, 5/81
DEPARTMENT OF CONSUMER AFFAIRS
CONTRACTORS ' STAT.E LICENSE BOARD
INTER-OFFICE MEMORANDUM
(Joint License)
TO Jeanette - Joint Ventures DATE
FROM Christy - Southern Region
•April 1, 1983
LICENSE NO.437429
CLASS A (General Engineering)
CALCO CONSTRUCTION, A Joint Venture
145 Vallecitos De Oro, #C
San Marcos, CA 92069
ENTITIES
(1)
Name: Wm. A. Corn
i Licer.se No.: 226185 Class: A
Signed by: Wm. A. Corn, Owner
(2)
Name: Charles J. Lumsdaine Company /•
License No.: 419024 Class: A
Signed by: Charles J. .Lumsdaine, Owner
(3) •
Name:
License No.: Class:
Signed by:
Bond:
Bond:
Bond:
Renewed:
Renewed:
Renewed:
DAVID R. PHILLIPS,
Southern Regional Deputy
13A-U3 (3-73)
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 infor-
mation 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
Page 9
DESIGNATION OF SUBCONTRACTORS - continued
The bidder is to 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 Name
Type of State Carlsbad Amount
Contracting Business of
License & No. License No.* Bid ($ or %)
*Licenses are renewable annually by January 1st. If no valid license
indicate "NONE". Valid license must be obtained prior to submission of
signed contracts.
Bidder's Company Name
Complete Address
zed' Si gnature
Cfb ^70 6{
PARTNERSHIP ACKNOWLEDGMENT NO. 203
County of _
the undersigned Notary Public, personally appeared
-f- .>///ri~K C-o:~~ rV^""™:^ '••>----^---^=^«*-f
PATRICIA R RETTER f D personally known to me
pa" proved to me on the basis of satisfactory evidence
to be the persorffs) who executed the within instrument on behalf of the
ipr-aqa acknowledged to me that the partnership executed it.
and and official
NOTARY PUQLIC - CALIFORNIA
SAM DIEGO COUNTY
My conm. expires JAN 00, 1987
_.-_ ._NCTary's Signature
Page 10
i.
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a notarized or sealed statement of
his/her financial responsibility.
See attached notarized financial stat.pmpnt-.s in sealed envelope
(Notarize or
Corporate Seal)
Signature
Charles J. Lumsdaine
PARTNERSHIP ACKNOWLEDGMENT NO. 203
OFKGIAL SF.AL
PATRICIA R Fi.HTTER
fJOTARY I'UBLIC - CALIFORNIA
EftN DIEGO COUNTY
My cor.ini. expires J;'.N CO. 1037
On this the / day of
.the undersigned Notary Public, personally appeared
-xl^L^L
Notary's Signature
D personally known to me
£$> proved to me on the basis of satisfactory evidence
^ to be the person(s) who executed the within instrument on behalf of the
acknowledged to me that the partnership executed it.
WITNSS rnV hand and official
7130122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
Page 11
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar 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 notarized or
sealed.
Date
Contract
Completed
Name and address
of the Employer
Name and Phone No.
of Person
to Contact Type of Work
Amount of
Contract
I I I I
Wm. A. Corn-Age 49 is a registered! Civil Engineer with!License # CE 1J483
Founder of
contracts o
rvine Construction Company as Irvine-Santa IFe
more than $80 million! during 1974 thru 19$0.
with completed
List of projects:]I
1981 Dept. <{>£ Water Resources- Pyijamid Lake power planj $18,000,000.100
1980 Caltraijis 4 contracts in Distrjict 7 totaling more than $24,000,OOCj.OO
1978 City of Alhambra Railroad lowjering | $18,000,OOq.OO
formerly Loijtstructxon & tstimatingj manager for Highway|& Marine divisions
for Guy F. Atkinson Company. | j
ADDITIOANAL|REFERENCES FURNISHED U|PON REQUEST.
Charles J. ^umsdaine-Age 49, foundjer and President of
T
umsdaine Constrjuction Inc.
Irvine, Lia.jtrom iV/i thru
While President of Lumsdaine Construction
sold business to par
Inc., direct
ner(.brother; Jajn.,
d or personally) super
UC Jvised projects ranged trom
included ma|s earth moving, debris
i.uu to jp.uiHJTuao.01
removal from Flood (
basins, streets, paving, concrete jcnanneis, sewage~TTfe
as dredging and excavation for marina. Formerly inspec
). ihose projecjts
ontrol channel^ and
for Div. of |Highways(CalT;rans), Engineer, estimator, si
general superintendent for several large contracting f
tment plants, a|s well
tor for Freeway] Const,
Total construction experience over
personally involved with = 65 million
perintendent, and
rms in Southern) Ca.
/u yrs.,approximat
C.Y.
quantity or eartnworlc
ADDITIONAL REFERENCES FURNISHED UPDN REQUEST
(Notarize or
Corporate Seal)
Signature-
PARTNERSHIP ACKNOWLEDGMENT NO. 203
County of ,«_,
the undersigned Notary Public, personally appeared
OFFICIAL SLAJL.
PATRICIA R FLETTER
NOTARY PUBLIC - CALIFORNIA
&V1 DIEGO COUNTY
in. expires JA.'J 30. 1987
D personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS ray hand and official
7130122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
Page 12
CONTRACT - PUBLIC WORKS
4- &v AThis agreement is made this |gL _ day of /K .
19%3 , by and between the City of Carlsbad, California,
municipal corporation (hereinafter called "City") and
CALCQ COA|£~nmCrnOA/ A 00/AJy
a JO (Aff i/£Ant/fcg- f ?A&TfiJ&2StU p") whose
X
principal place of business is 14^
SA/V AiA*Q9S. CA 320 6 q
(hereinafter called "Contractor".)
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work
specified in the contract documents for:
BUENA VISTA LAGOON DREDGING AND
IMPROVEMENTS PROJECT NO. 3132
(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; and 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) .
—eh — In the total amount of 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 QG 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. \v\ dccordoxce
-., <9P
Page 13
5. Independent Investigation. 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
Californi a, 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, the California Department of Fish and
Game, the owners of any disposal site and the representatives of
any such owner as designated by the City as well as officers and
employees of any of the foregoing firms or agencies, 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.
10. Insurance. Contractor shall cause the City and California
Department of Fish and Game, the owners of any disposal site, and
representative of any owner as designated by the City, to be named
as an additional i nsured 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
responsibi lity'for negligence.
12. Proof of Insurance. Contractor shall submit to the City and all
additional i nsureds 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 ari si ng 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 ofCivil 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.
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Title
tity Attorney
i
i).
CITY OF CARLSBAD, CALIFORNIA
City Manager, for contracts less
than $10,000
/ ^L^fc-x^c-/ >£/-
Mayor, for//tontracts $10,000 and
above
CAT. NO. NN00633
TO 1949 CA (7-82)
(Agent of Partnership)
\
wz
I
TITUS INSURANCE
ANDTRUST
ATlCOfl COMPANY
STATE OF CALIFORNIA
COUNTY OF 2 SS.
On _^
said State, personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed
the within instrument as the agent of the partnership
that executed the within instrument and acknowledged
to me that he executed the same for and on
behalf
before me, thei undersigned, a Notary Public in and for
of said partnership
executed the same.
WITNESS mu hand and offi<
Signature
and that said partnership
JEAN P. WHITE |
NOTARY PUBLIC-CALIFORNIA |
PRINCIPAL OFFICE IN g
SAN DIEGO COUNTY |
My CommlMton Expire* Feb. 1.1085|•...^uiuuttKiuMHtuuism
(This area for official notarial seal)
Premium for th,s bond included
ge for Performance Bond
Page 16
**
LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of Cali-
fornia, by Resolution No. "7f 2^ adopted A^l ( \e\ ,
,_has awarded to Qflico_ _
hereinafter designated as the "Pri nci pal ", a contract for:
BUENA VISTA LAGOON DREDGING AND
IMPROVEMENTS PROJECT NO. 3132
ft ^To/^r
in the City of Carlsbad,
specifications and other
of the City Clerk of the
in strict conformity with the drawings and
contract documents now on file in the Office
City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute said con-
tract 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,
as Pri nci
as
firmly bound unto the City of Carlsbad
fvWr-e<J -fW
or", and
Surety, are held
sum of *3ei>gii huWre
($ 799 .7*0.00 )
in the
Dollars
said sum being one hundred per cent (100%) 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 Sureties 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.
i
^
Page 17
This bond shall inure to the benefit of any and all persons, com-
panies 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 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/^y the.
Contractor and Surety above named, on the -^.f^-day of
(Notarize or Corporate
Seal for each Signer)
Contractor
UNITED
Attorney-ln-Fact
Surety
CAT. NO. NN00633
TO 1949 CA (7-82)
(Agent of Partnership)
TfTUE INSURANCE
ANDTRUST
ATMOHCOMMNV
STATE OF CALIFJ3RNI/
COUNTY OF
LIgORNIA ss.
said State, personall/appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed
the within instrument as the agent of the partnership
that executed the within instrument and acknowledged
to me that ____ he executed the same for and on
behalf of said partnership and that said partnership
executed the same. f
WITNESS my hand and official:
Signature
before me, the undersigned, a Notary Public in and for
State of California,
County of- ^ ORANGE J SS:
JEAN P. WHITE
NOTARY PUBLIC-CALIFORNIA!
PRINCIPAL OFFICE IN |
SAN DIEGO COUNTY \
My Cpimtimnn fap"*» Hfc. 1. ltes-
(TM§ area for official notarial seal)
28TH day of.APRIL
OffENM. BROffN in the year., before me Notary of Public
., personally known to me (or proved to me
On this
personally appeared
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-ln-Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety, and his (her) own name as Attorney-ln-Fact.
OFFICIAL SEAL
BARRASA J BF.MDFR
NOTARY PUBLIC • CALIFORNIA
ORANGE COUNTY
lly cemm. expires JUN 15, 1984
My Commission expires
BDU-1818 ED. 6/82 (CALIF.)
19.
Page 18
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of Cali-
fornia, by Resolution No. 7 ($a adopted April /9
has awarded to CA^-CG COH$T£(JcrTfori fl^fe^— J/^A/TU'/ec
herei nafter designated as the "Principal", \ contract for:
BUENA VISTA LAGOON DREDGING AND
IMPROVEMENTS PROJECT NO. 3132
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 con-
tract and the terms thereof require the furnishing of a bond for the
faithful performance of said contract;
NOW, THEREFORE, WE, V.gJL^ ^.. .
as Pri ncipal, herei nafter designated as the "Contractor", and
UNITED PACIFIC INSURANCE COMPANY
as Surety, are held and firmly bound unto the City of Carlsbad, in
the sum of 5eve>*iltfW<rWnrhe'ty-HW 4k<»f<ud yei/e* twn4ri>d -for^y Dollars
($ 7^9 ~74~0 ~ >OO ). said sum being equal to 100 per cfent (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 any 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 i n 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 shall 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
terms 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 executedLby the
Contractor and Surety above named on the^J7^ day of (i
, 19 83 .
C ax^> L^T,
(Notarize or Corporate
Seal for Each Signer) Contractor
UNITED PACIEG INSURANCE COMPANYANCE CO
lSS
(weirfOrown
Attorney-ln-Fact
Surety
State of California,
County of ORANGE
SS:
28TH day of.APRIL in the year.19K3
OWEN M. HIOWN
, before me Notary of Public
_, personally known to me (or proved to me
On this
personally appeared
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-ln-Fact
of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED
PACIFIC INSURANCE COMPANY thereto as surety, and his (her) own name as Attorney-ln-Fact.
My Commission expires
BDU-1818 ED. 6/82 (CALIF.)
,19-
CAT. NO. NN00633
TO 1949 CA (7-82)
(Agent of Partnership)
1
lit
kl
\
TITie INSURANCE
ANDTRUST
ATlCOfl COMPANY
STATE OF CALIFORNIA
COUNTY OF
1FORNIA,Sip SS.
On
said State, personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed
the within instrument as the agent of the partnership
that executed the within instrument and acknowledged
to me that he executed the same for and on
behalf of said partnership and that said partnership
executed the same. *
WITNESS my hand and official seaj<^ I
Signature
before me, the undersigned, a Notary Public in and for
MtK
JEAN P. WHITE
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My CommlMkm E
(This area for official notarial seal)
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 herei nafter
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 seven sheet(s) designated as City
of Carlsbad Drawing No. 221-7 " 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. ITEMS OF WORK
All items of work on the bid form are to be complete in place. In
addition, the specified items shall be in accordance with the
following:
A. Mobilization includes all preparatory work, all services, and
all costs of whatever nature necessary to assemble and
establish the Contractor's dredging plant complete in place
including all preparation of the spoil site.
Mobilization shall not be considered complete until dredged
material has been deposited in the spoil area, without
equipment shut-down, for one complete day of operation.
B. Dredging includes excavating material and depositing the
excavated material in the designated spoil area. Also
included are all required services and costs not included
under Item 1 of these specifications.
3. DEFINITIONS AND INTENT
a) Engineer:
The word "Engineer" shall mean the City Engineer or his
approved representative.
Page 21
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.
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.
4. 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.
22
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 preconstruc-
tion 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.
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 60 consecutive
calendar days from the date of receipt of said "Notice to
Proceed."
6 . 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 nonconformi ng
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 dis-
covered during the guarantee period shall be repaired or re-
placed 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, in-
cluding two copies to the City Engineer.
9. 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 Ordi-
nance No. 3109, Carlsbad Municipal Code, Chapter 8.48.
. L
Page 23
10. CITY INSPECTORS
All work shall be under the observation of a City Construc-
tion Inspector. Inspectors shall have free access to any or
all parts of work at any time. Contractor shall furnish in-
spectors 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 re-
lieve Contractor from any obligation to fulfill this contract.
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 in-
serted, then upon application of either party the 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 comple-
tion of the work, shall be provided at the Contractor's ex-
pense 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 indi-
cated or specified. The Contractor may offer a substitution
Page 24
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 i nformation, 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 i s not
deemed to be equal to that so indicated or specified, then
the Contractor shall furnish, erect, or install the material,
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 draw-
ings 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 comple-
tion 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 re-
quired 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.
Page 25
The City reserves and shall have the right, when confronted
with unpredicted conditions, unforeseen events, or emergen-
cies, 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 exten-
sion of time.
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 experienced in Hydro-graphic surveys to provide all surveys
required for layout of work.
A bench mark and a shore-based line will be provided as shown on
the plans.
The Contractor shall be responsible for providing all labor,
equipment and material for layout of the work and for all required
surveys. Layout includes furnishing and establishing all tide gages,
ranges, and markers as may be required.
An original base survey and a final survey for quantities will be
provided by the City. Additionally, all surveys as may be required
for progress payments will also be provided by the City.
Page 26
The City of Carlsbad reserves the right to make surveys and
computations to determine quantities and to verify the contractor's
surveys.
In case of conflict between City Surveys and Contractor surveys,
City Surveys shall prevail.
19. DUCKS AND WILDLIFE
Contractor is hereby notified that the Buena Vista Lagoon is a
Wildlife Preservation Area. It shall be the duty of the Contractor to
notify the City or Fish and Game if conflicts occur between his
operation and wildlife or ducks. The Fish and Game will take
appropriate action to remedy the problem.
20. DISPOSAL SITE
The contract shall name the owners of any disposal site used and any
representatives of the owners as designated by the City, as
additional i nsureds under any insurance required by the City.
Page 27
SPECIAL PROVISIONS
BUENA VISTA LAGOON DREDGING
1. LOCATION OF HORK
The proposed dredging and disposal project would be located in the eastern
portion of Buena Vista Lagoon Ecological Reserve in both Oceanside and
Carlsbad.
2. WORK TO BE DONE
a) Silt material will be dredged from east end of the Buena Vista
Lagoon.
b) Some of the dredged material will be used to construct two permanent
islands.
c) Areas around the islands will be dredged to a depth of approximately
4 feet.
d) Excess dredged material will be disposed in an approved disposal
site.
3. TIME OF CONSTRUCTION
Proposed work must be conducted between April 15, 1983 and October 15, 1983.
No work shall occur after October 15, 1983.
4. ISLANDS
A. Island Access:
Temporary earthen causeways can be constructed during the work period
to gain access to the islands, this will only be necessary if a
dragli ne method of cleaning the lagoon is elected.
The dredging could be accomplished by either hydraulic or mechanical
means or both. If hydraulic dredging is employed, the dredged
material from deep water area will be moved to lands adjacent
to the lagoon. After the return water has been clarified, it
will be conveyed to Buena Vista Creek just upstream of the lagoon.
-L
Page 28
B. Construction of Islands:
After the construction of causeways the remaining dredged
material will be disposed of at a site designated by the City of
Carlsbad, the islands can then be constructed. All dredged material
must be dewatered on the islands before hauling to disposal site.
5. DISCHARGE OF DREDGE SPOIL - REQUIREMENTS OF THE REGIONAL HATER QUALITY
CONTROL BOARD.
The discharge of dredge spoil or dredge spoil return waters shall not:
a) Cause deposition of sludge, oily materi al, bottles, cans, broken glass,
metal parts or pieces, rags, paper, rocks, shells or other similar
objectionable materials in Buena Vista Lagoon.
b) Cause oily slicks or the occurence of floatable matter in Buena Vista
Lagoon.
c) Cause objectionable odors outside of the immediate vicinity of the
area where dredging is taking place.
d) Cause the dissolved oxygen concentration of Buena Vista Lagoon be
depressed below five milligrams per liter
e) Cause the Regional Board's objectives for Buena Vista Lagoon as
established in the basin plan to be exceeded.
f) Cause a pollution contamination or nuisance as defined in Section
13050 (m) of the California Water Code.
g) Impair the beneficial uses of Buena Vista Lagoon as established in the
basin plan.
h) No dredge material fill shall be placed within 30 feet of the existing
sewer line along the south edge of Buena Vista Creek.
The contractor shall be responsible for all sampling, testing, records, and
operations necessary for meeting the tailwater discharge requirements.
DREDGING MEASUREMENT
The City will provide soundings for payment measurement. Payment shall be
based on the removal quantities as measured by the City Surveyor. A
tolerance of +0.0 feet and -1.0 feet shall be applied to the elevations
shown on the plans.
Page 29
7. LOCAL CONDITIONS
The Contractor shall satisfy himself as to all local conditions, predicted
. tides, waterway access restrictions, transportation facilities, weather
conditions, flood flows as may occur, and the character of material to be
dredged, together with the hazards likely to arise from any of the
foregoi ng.
8. OPERATION RESTRICTION
The Contractor shall conduct his dredging operations between the hours of
7:00 a.m. to sunset during weekdays and 8:00 a.m to sunset on Saturdays and
restrict dredging on Sundays. If the Contractor desires to perform
continuous dredging (24 hours per day including Sundays), at the time the
contract is awarded, he may apply to the City of Carlsbad for a permit to
do so. Permission for 24 hour dredging must also be obtained from the City
of Oceanside for any work within their City limits.
9. INSPECTION ACCESS
The Contractor shall provide readily available and timely means of access
to the project work for the Engineer.
10. PAYMENT
The contract unit price paid for mobilization and demobilization
shall include full compensation for all work, material, services,
and expenses of whatever nature as may be required under
mobilization and demobilization.
The contract unit price paid for cubic yard for dredging and
constructing the islands shall include full compensation for
excavating and disposing material in the designated spoil area,
construction and removal of causeways, and for all work and all
services as may be required to accomplish the work in accordance
with the drawings and these specifications.
The dredging shall be accomplished to the elevations shown'on the plans. A
tolerance of +0.0 feet and -1.0 feet shall be applied to the elevation. No
payment shall be made for any material removed at a depth greater than one
foot more than that shown on the plans unless otherwise approved by the
Engi neer i n writing.
The first progress payment will be estimated upon completion of
mobilization. No progress payments will be made prior to
completion of mobilization. The Contractor shall sumbit cost
data to the Engineer to verify the actual cost of mobilization,
unless such data is waived by the Engineer. Payment will be for
the actual verified cost or, in the absence of verification,payment will be as estimated by the Engineer, but in no eventgreater than eighty percent (80%) of the amount bid for
mobilization and demobilization. The remainder of the.payment
for mobilization will be paid upon completion of demobilization.
Page 30
11. The Contractor shall have full care and custody of the work until
• completion and acceptance and shall be responsible for all damage
to existing improvements during the time the work is in its care
and custody. Contractor shall take care of storm and wastewater
reaching the work site from any source to avoid damage to the
work. Contractor shall be responsible for any damage to person
or property on or off the work site due to its operations,
interrupting or diverting such storm or wastewater.
12. Whenever any pole, structure, culvert, conduit, cable or other
obstruction either above or below ground surface within the area
to be dredged or used for the deposition of dredge material is,
or may be affected by the operations, the Contractor shall
preserve the same intact or shall make such arrangements with the
owner of same for its protection, support, alteration or removal
or rei nstallation, as may be required by the conditions
encountered.
The Contractor shall notify in advance and cooperate with each
owner of poles, structures, pipes, culverts, conduits, cables, or
affected in any way by the work under this contract.
Unless otherwise specifically provided in these documents, all
costs of protecting, supporting, altering, removing and
reinstalling pipes, poles, structures, trees and other
obstructions, shall be borne by the Contractor.
Where the work requires the removal of or damage to existing
pavement, sidewalk, curb, lawn, shrubbery, trees, hedges,
gardens, drives, walls, fences, buildings, or other improvements,
Contractor shall take precautions to limit said removal or damage
to the least practicable amount; and shall at its own cost
replace or restore said improvement to as near its original
location and condition as is reasonably possible, except as
otherwise provided.
The Contractor shall be responsible for removing from the
vicinity of the completed work all plant, buildings, rubbish,
unused material, concrete forms, etc., used in or resulting from
the consutruction operations and shall leave the disposal site in
a clean and neat condition.
Page 31
13. MAINTAINING TRAFFIC
All warning signs and traffic devices used by the Contractor to
- perform the work, shall conform to the requirements of SPW 1982
Edition and shall be supplied by the Contractor. Warning signs and
safety devices will not be available from the City of Carlsbad.
If the Contractor shall appear to be neglectful or negligent in
providing such warning or protective measures, the Engineer may
direct attention to the existence of a hazard, and any
barricades, warning signs, lights, or flagmen required to protect
the public shall be furnished and/or installed by the Contractor.
The Contractor is hereby notified that all lights, signs,
barricades, flagmen, or other devices necessary to provide for
public safety shall be furnished and maintained by the Contractor
at his own expense. The Engineer may point out the inadequacy of
protective devices or measures, but such action on the the part
of the Engineer shall not relieve the Contractor from
responsibility for the public safety or abrogate his obligation
to furnish and pay for these devices.
Personal vehicles of the Contractor's employees shall not be
park.ed on Jefferson Street and Marron Road traveled way at any
time.
Two 12' paved lanes on Jefferson Street and Marron Road shall be
open for use by public traffic at all times.
The provisions in this Section may be modified or altered if, in
the opinion of the Engineer, public safety will be better served
and work expedited. Said modifications or alterations shall not
be adopted until approved in writing by the Engineer.
Full compensation for conforming to the requirements of these
Special Provisions shall be considered as included in the
contract prices paid for the various items of work and no
additional compensation will be allowed therefor.
14. STOCKPILING AND EQUIPMENT STORAGE
On-site stockpile and equipment storage locations shall be
selected by the Contractor, subject to written approval by the
Engi neer.
Page 32
The Contractor shall leave all storage areas in a neat and clean
condition, satisfactory to the Engineer, and in accordance with
the provisions of the permits and licenses.
Full compensation for conforming to the requirements of this
provision shall be considered as included in the contract prices
paid for the various items of work, and no additional
compensation will be allowed therefor.
15. INCREASED QUANTITIES
The quantity of material excavated may, upon written direction by
the City, be increased by increasing the depth or extent of
material to be removed from the general sediment removal area
after receipt and award of contract in order to maximize the use
of funds.
16. SPECIAL CONDITIONS TO CARLSBAD DREDGING DOCUMENTS
A. Contractor shall place the material on the disposal site
property which is dredged from that portion of the Lagoon
•dredging area which contains the largest percentage of sand-
size sediment (generally the extreme eastern end of the
Lagoon); and
B. IF HUGHES SITE IS USED
1. The Contractor shall first deposit 58,000 cubic yards of
dredged solids in a uniform layer not to exceed 36" in
thickness over the Hughes property south of channel; upon
completion of this, a maximum of 27,000 cubic yards of
dredged solids shall be deposited over the Oceanside
Hughes property north of channel in a uniform layer not
exceeding 30" in thickness. Said quantity and depth of
material shall be as measured within containment basins
following water stilling and decanting.
2. If material is not deposited in a uniform layer, the
dredging contractor shall be responsible for spreading
and distribution as necessary to verify the required
quantities and evenness of depth.
3. The dredged material fill will not be deposited in such a
manner as to create long-term ponded water other than in
a manner provided for on erosion control plan.
4. Prior to commencement of the operation, all surface
vegetation shall be removed from the source area. During
dredging, Contractor shall limit plant material in dredge
deposit area to less than 4" maximum.
Page 33
5. The Contractor shall be responsible for construction of
disposal site contai nment berms sufficient to attain
desired deposit material depths and distribution and
satisfactory to meet approval of California Coastal
Commission for the purpose of erosion control; and repair
any damage done to berms facilities or planting.
6. The Contractor shall remove and replace any work not
conforming to the plans and specifications upon written
order by the City Engineer. Any cost caused by reason of
this nonconformi ng work shall be borne by the Contractor.
C. The Conractor shall be responsible for control of return
water turbidity and such standards regarding return water as
set forth in the California Regional Water Quality Conrol
Board, San Diego Region, Order 82-16, dated July 12, 1982.
D. If any alteration is made by the Dredging Conractor to the
condition of the disposal site property from that of a
uniformly graded surface as provided at the commencement of
the dredging operations, the Contractor shall be responsible
for performing that alteration, while still maintaining a
uniformly graded surface to accept the dredge deposits,
(uniform deposit of material per B-l above) and as set forth
in paragraph "B" above.
E. Until such time as dredging deposit is completed on the
property, the Dredging Conractor shall:
1. not obstruct natural drainage patterns on, or from,
adjacent properties.
2. be responsible for potential adverse effects on
biological resources or water quality values; and
3. be responsible for such other adverse environmental
impacts.
F. No dredged material fill shall be placed within 30 feet of
the existing sewer line along the south edge of Buena Vista
Creek.
G. The Dredging Contractor shall not disturb the series of
settlement measuring markers that will be installed and
monitored by the property owner. In the event that these
devices are disturbed, replacement of the device and the
expense of resetting same will be borne by the Contractor.
Page 34
Whenever any pole, structure, culvert, conduit, cable or
other obstruction, either above or below ground surface
within the area to be utilized for the performance of the
work hereunder is, or may be, affected by the operations, the
Contractor shall preserve the same intact or shall make such
arrangements with the owner of same for its protection,
support, alteration or removal or rei nstal lation, as may be
required by the conditions encountered.
The Contractor shall notify in advance and cooperate with
each owner of poles, structures, pipes, culverts, conduits,
cables or other improvements which may be encountered or
affected in any way by the work under this contract.
Unless otherwise specifically provided in these documens, all
costs of protecting, supporting, altering, removing and
reinstalling pipes, poles, structures, trees and other
obstructions, shall be borne by the Contractor.
Where the work requires the removal of or damage to existing
pavement, sidewalk, curb, lawn, shrubbery, trees, hedges,
gardens, drives, walls, fences, buildings, or other
improvements, the Contractor shall take precautions to limit
said removal or damage to the least practicable amount; and
shall at his own cost, replace or restore said improvement to
as near its original location and condition as is reasonably
possible, except as otherwise provided. Great care shall be
exercised in placing and compacting backfill in areas where
improvements are to be placed upon said backfill.
The Contractor shall be responsible for removing from the
vicinity of the completed work all plant, buildings, rubbish,
unused material, concrete forms, etc., used in or resulting
from the construction operations and shall leave the disposal
site in a clean and neat condition.
The property owner or his representative may at any time,
during the performance of the work, enter the area where the
work is being performed for the purpose of installing other
work by contract, subcontract, or otherwise and for any
purpose in connection with the installation of said
facilities. In doing so, the owner or his representative
shall not interfere with the Contractor and the Contractor
shall not interfere with other work being done by or on
behalf of the owner.
Page 35
17. INSURANCE REQUIREMENTS
Contractor shall submit evidence of public liability and property
damage insurance to the City and all additional insured as follows:
A. The City of Carlsbad, the State of California Department of Fish
and Game, the owners and representatives of the owners of any
disposal site used (Hughes Investment Inc., in the case that the
Hughes disposal site is used), shall be named as additional
insured on public liability and property damage insurance. The
officers, agents and employees of the above agencies or firms
shall be included in said coverage.
B. The limits of coverage should not be less than:
Bodily injury - each person $250,000
- each accident 500,000
- aggregate product 500,000
Property Damage - each accident 100,000
- aggregate protective 250,000
- aggregate products 250,000
- aggregate contractual 250,000
- aggregate operations 250,000
C. Policies shall be endorsed as follows:
"It is hereby understood and agreed that the policy to which this
certificate refers may not be cancelled, materially changed, nor
the amount of coverage thereof reduced, nor the policy allowed to
lapse until ten (10) days after receipt of a written notice of
such cancellation or reduction in coverage by the City Clerk of
Carlsbad."
Contractor agrees that the bodily injury liability insurance
herein provided for shall be in effect at all times during the
term of the contract. In the event said insurance coverage
expires at any time or times during the term of the contract,
Contractor agrees to provide at least ten (10) days prior to the
said expiration date, a new certificate of insurance evidencing
insurance coverage as provided for herein for not less than the
remainder of the time of the contract, or for a period of not less
than one (1) year. New certificates of insurance are subject to
the approval of the City and Contractor agrees that no work or
services shall be performed prior to the giving of such approval.
In the event Contractor fails to keep in effect at all times
insurance coverage as herein provided, City may in addition to any
other remedies it may have, terminate this contract upon the
occurrence of such event.
Page 36
This contract and insurance policies are for the express benefit
of the owners of the lands upon which the dredged materials are to
be deposited and Hughes Investments which has a right to purchase
said lands (hereinafter "Landowners"). Landowners shall be named
as additional insurers with respect to all insurance policies for
liability of property damage for the work covererd by this
contract. Said policy shall provide such coverage and be in a
form reasonably approved by Hughes Investments. Contractor shall
submit to Hughes Investments and the landowners certification of
the policies mentioned above. Contractor shall indemnify, defend
and hold landowners harmless to the same extent and manner as set
forth in paragraph nine with respect to the City.
PART "A" Page 37
FAIR EMPLOYMENT PRACTICES ADDENDUM (Applicable to PUBLIC WORKS contracts)
In connection with the performance of work under this contract the
Contractor agrees as follows:
(1) The Contractor will not willfully discriminate against any employee or
applicant for employment because of race, color, religion, ancestry, sex,
age or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, ancestry, sex,
age or national origin. Such action shall include, but not be limited to,
the following: Employment, upgrading, demotion or transfer; recruitment
advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and
applicants for the employment, notices (Std. Form 809) to be provided by
the awarding authority setting forth the provisions of this Fair Employment
Practices section.
(2) The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a Notice to Labor Unions, Std. Form 808, to be
provided by the awarding authority, advising the said labor union or
worker1 s representative of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(3) The Contractor will permit access to his records of employment,
employment advertisements, application forms, and other pertinent data and
records by the Fair Employment Practices Commission, the awarding authority
or any other appropriate agency of the State of California designated by
the awarding authority, for the purposes of investigation to ascertain
compliance with the Fair Employment Practices section of this contract.
(4) A finding of willful violation of the Fair Employment Practices
section of this contract or of the Fair Employment Practices Act shall be
regarded by the awarding authority as a basis for determining the
Contractor to be not a "responsible bidder" as to future contracts for
which such contractor may submit bids, for revoking the Contractor's
prequalification rating, if any, and for refusing to establish,
reestablish, or renew a prequalification rating for the Contractor.
The awarding authority shall deem a finding of willful violation of the
Fair Employment Practices Act to have occurred upon receipt of written
notice from the Fair Employment Practices Commission that it has
investigated and determined that the Contractor has violated the Fair
Employment Pracites Act and has issued an order under Labor Code Section
1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices
Commission, the awarding authority shall notify the Contractor that unless
he demonstrates to the satisfaction of the awarding authority within a
stated period that the violation has been corrrected, his prequalificationrating will be revoked at the expiration of such period.
Page 38
(5) The Contractor agrees that should the awarding authority determine
that the Contractor has not complied with the Fair Employment Parctices
section of this contract, then pursuant to Labor Code Section 1735 and
1775, the Contractor shall, as a penalty to the awarding authority,
forfeit, for each calendar day, or potion thereof, for each person who was
denied employment as a result of such noncompli ance, the penalties provided
in the Labor Code for violation of prevailing wage rate. Such monies may
be recovered from the Contractor. The awarding authority may deduct any
such damages from any moni es due the Contractor from the State of
Californi a.
(6) (a) Nothing contained in this Fair Employment Practices section shall
be construed in any manner or fashion so as to prevent the awarding
authority of the State of California from pursuing any other remedies that
may be available at law.
(b) Nothing contained in this Fair Employment Practices section shall
be construed in any manner or fashion so as to require or permit the hiring
of an employuee not permitted by the National Labor Relations Act.
(7) Prior to award of the contract, the Contractor shall certify to the
awarding authority that he has or will meet the following standards for
affirmative compliance, which shall be evaluated in each case by the
awardi ng authority.
(a) The Contractor shall provide evidence, as required by the
awarding authority, that he ahs notified all supervisors, foremen, and
othe personnel officers in writing of the content of the anti-
discrimination clause and their responsibilities under it.
(b) The Contractor shall provide evidence, as required by the awarding
authority, that he has notified all sources of employee referrals
(including unions, employment agencies, advertisements, Department of Human
Resources Development) of the content of the anti-di scrimi nation clause.
(c) Personally, or through representatives, the Contractor shall,
through negotiations with the unions with whom he has agreements, attempt
to develop an agreement which will:
1. Spell out responsibilities for non-discrimination program in
hiring, referral, up-grading, and training.
2. Otherwise implement an affirmative anti-di scrimi nation program
in terms of the unions' specific areas of skill and geography, to the end
that qualified minority workers will be available and given an equal
opportunity for employment.
(d) The Contractor shall notify the contracting agency of opposition
to the anti-di scri mi nation clause by individuals, forms or organizations
during the period of its prequalificationl
(8) The Contractor will include the provisions of the foregoing paragraphs
1 through 7 in every first teir subcontract, so that such provisions willbe binding upon eacn such subcontractor.
Page 39
(Applicable to all other contracts)
FAIR EMPLOYMENT PRACTICE ADDENDUM
1. In the performance of this contract, the Contractor will not
discriminate against any employee or applicant for employment because of
race, color, religion, ancestry, sex, age or national origin. The
Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employement without regard
to their race, color, religion, ancestry, sex, age or national origin.
Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termi ni nation; rates of pay or other forms of
compensation; and selection for training including apprenticeship. The
contractor shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the State setting
forth the provisions of this Fair Employment Practices section.
2. The Contractor will permit access to his records of employment,
employment advertisements, application forms, and other pertinent data and
records by the State Fair Employment Practices Commission, or any other
agency of the State of California designated by the awarding authority, for
the purpose of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.
3. Remedies for Willful Violations:
(a) The State may determine a willful violation of the Fair Employment
Practices provision to have occurred upon receipt of a written notice from
the Fair Employment Practices Commission that it has investigated and
determined that the Contractor has violated the Fair Employment Practices
Act and has issued an order, under Labor Code Section 1426, which has
become final or obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision,
the State shall have the right to terminate this contract either in whole
or in part, and any loss or damage sustained by the State in securing the
goods or services hereunder shall be borne and paid for by the Contractor
and by his surety under the performance bond, if any, and the State may
deduct from any monies due or that hereafter may become due to the
Contractor, the difference between the price named in the contract and the
actual cost thereof to the State.
"It is unlawful employment for an employer to refuse to hire or employ, or
to discharge, dismiss, reduce, suspend, or demote, any i ndividual between
the ages of 40 and 64 solely on the ground of age,..." (Labor Code Section
1420.1)
Page 40
CERTIFICATION OF COMPLIANCE
I hereby certify that CfrrLOD
legal name of veraor
in performing under Purchase Order(s) awarded by the City of Carlsbad,
will comply with the provisions of Section 122(a) of the State and Loc
fiscal Assistnace Act of 1972.
Local
(NOTARIZE OR CORPORATE SEAL)
Signature (Seal)
J3?Fviu^
Title
*' This certification is to be submitted with notarized contract.
CAT. NO. NN00633
TO 1949 CA (7-82)
(Agent of Partnership)
STATE OF CALIF
COUNTY OF
On
TITLE INSURANCE
ANDTRUST
ATICOB COMPANY
i VV* j- •- m - — -
f I rrY 6> ( f 0 S
LJ\said State, personally a'ppeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed
the within instrument as the agent of the partnership
that executed the within instrument and acknowledged
to me that he executed the same for and on
behalf of said partnership and that said partnership
executed the same.
WITNESS my hjind and official sea
Signature
before me, the undersigned, a Notary Public in and for
&.
he undersigrCW*/
JEAN P. WHITE
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Feb. 1,1985 L
iMiiiiiiiiiiiiitiiiiiiiiiwtHflitiiitiSiJictlB
(This area for official notarial seal)