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HomeMy WebLinkAboutCollura Construction Company Inc; 1982-03-11; 1098TABLE OF CONTENTS ITEM PAGE ' NOTICE INVITING BIDS ' 1 PROPOSAL 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL 8 DESIGNATION OF SUBCONTRACTORS . .9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 12 CONTRACT ' 13 LABOR AND MATERIAL BOND 16 PERFORMANCE BOND _ 18 GENERAL PROVISIONS 20 SPECIAL PROVISIONS 26 iof ' V 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 2nd day of February , 19 82 at which dime they will be opened and read for performing the work as follows: VALLEY STREET STORM DRAIN CONTRACT NO. 1098 Said work shall be performed in strict conformity with the specifi- cations therefore 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 responsible 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 compated 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 £U ?? 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 $-13. 2 5 ' 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 Di- rector of Industrial Relations pursuant to the State of Cal ifornia 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 appli- cable 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 award- ed 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. The contractor shall comply with the provisions of Section 1773-8 of the California Labor Code with regard to travel .and subsistence payments. Also, the prime contractor shall be responsible to insure compliance with the 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 f.ive (5) working days. The amount of bond to be given for the faithful performance of the con- tract for said work shall be one hundred percent (100%) of the contract price therefor, and an additional bond in an amount equal to fifty per- cent (50%) of the contract price for siad 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. 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". Page 3 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 agert'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. 6755 , adopted on the 5th day of January 19 82 . Dale I \ Aletha L. Rautenkranz, City Clerk Page1* CITY OF CARLSBAD CONTRACT NO. 1098 PROPOSAL City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 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 Contract No. 1098 in accordance with the plans and specifications of the City of Carlsbad, and the special pro- visions, and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Item Article with Unit Price or Lump Sum No. Hritten in Words Approximate Unit Quantity & Unit Price TOTAL 1 .27" Reinforced concrete pipe at ~/V/Vy -f-Ar^ g, Dollars & _ j-f^l^fy Cents per lineal foot 2 18" Reinforced concrete pipe at ~Fo rfy S> TV Dollars Cents& ___ £.7 n _per "Tinea 1 root trt~.. Type B Cleanout (San Diego Regional Standard Drawing D-10) at o^e .,_.._ o^ ..1 * „ <L & _ per each 1 arsAsg Cents 714 L.F. 3 EACH Addendum (a) No(s). ^ is/are included in this""plropbsal. has/have been received and Page 5 Item No. 4. 5. 6. Article -with Unit Price or Written in Words Lump Sum Approximate Unit Quantity & Unit 'Price ' TOTAL Type B Curb Inlet (San Diego Regional . . 2 EACH JjJL<*QJ?o -Jbj} &&*-&.(. Standard Drav/ing D-2) at o*< ' "** 1 l\ O V 5 Cir» ff & A/O Aqgreqate Base at TV* & *.V-fv t^o/ 2" A. C. Overlay at -f ,*/• Sese* & Se^foty' ~\n/G, TOTAL (WRITTEN IN WORDS) f -L. ' '' "• 1 / /~TOfTy /1i/i€ dollCLfS TOTAL (WRITTEN IN FIGURES) Dollars Cents • .... 163 TON "/b.'*2 (i???.^ Dollars Cents •fy 84 TON . .f?,?^ ^S-J/.oo Dollars Cents f i "I i y I.MJ c "f^Oti/^a^cf 5<X Aw*^<jf/'eo fltJ •*~ ^-*^7oo' • &*r j_ r tj 9 <~ > •C/ •*• < \» / /i O *^-* Page 6 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 estimated quantities of work indicated in this proposal are approximate only, being given solely as a basis for comparison of bids. 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. ^f/COO S~ Identification Cl& 55 /^ • The undersigned bidder hereby represents as follows: 1. That no Councilperson, 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 of- 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 coll-usion or fraud. Accompanying this proposal is <x' (Cash, Certified Check, Bond or Cashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 7 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. C ^-£G Phone Number Date £0,1 S Irir c."fiv >i f.O. Bidder "sjjame y >-// Authorized Signature « C . Bidder's Address^ ' C A » Authorized Signature Type of Organization (individual, Corporation, Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all partners, if a partnership: J r» I* < q (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, COLLURA CONSTRUCTION. INC. Page 8 BOND '# 352*t-2 as Principal, and ALLIED FIDELITY INSURANCE CO. - , as Surety, are held and firmly bound unto the City of Carlsbad, California, in the sum of NINE THOUSAND FIVE HUNDRED AND NO/100 - —— --Dollars ($ 9,500.00-~), 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-bounden principal for: VALLEY STREET STORM DRAIN • CONTRACT NO. 1098 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, 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 FIRST .day of FEBRUARY , 19 82 . Corporate Seal (if Corporation) COLLURA CONSTRUCTION, INC. Principal .1/1 ED F itle R.W. KA "t' Title (Attach acknowledgement Attorney in Fact) TONY COLLURA, .PRESIDENT SfSEL ATTORNEY- ; IN.- FACT. (Notarial acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) • CORPORATION ISTATE OF California -'COUNTY OF San Dippn • ss. On this 1st;-day of_February , 19.S2 before me, a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Tony, Col Inra > to me known, who being by me first duly swo^n according to law, did depose and say that he resides in San Pi pyrn} T.a 1 i forniq . that he is President : of Collura Cons tmr.t-inn, Tn^. ( the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to such instru- ment is such corporate seal-, that it was so affixed by order of the Board of Directors of said corporation and that he signed iiis name il-.ercto by like order; that he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. SWS-688 JL. OFFICIAL SEAL LINDA K. CROUCH 3NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY- My Commiss|on Expires Feb. 27, 1984 State of CALIFORNIA SAN DIEGO ss. On this F'RST R.W. KASSEL . day of.FEBRUARY ,19- 82 , before me personally came . to me known, who, being by me duly sworn, did depose and say that . . , , ALLIED FIDELITY INSURANCE CO. ^^he is an attorney-m-fact of __ _____—__ — •— the corporation described in and which executed the. within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions.thereof. > . , My commission expire CB-407 (9/81) . Hd-. an W*M rf^Ls — i w ij . | ' LS ~) _ . - _ n m.mMJlflfttWl^f « 1 1 1 ^WVPWWWWnr^- - - - " " (1 xtf^S^ OFFICIAL SEAL (| £3$& LINDA K. CROUCH • CS^lHOTMn fPUBLIC-CALIFORNIAj 'vtSSWl PRINCIPAL OFF1CC »i ^ I^3JI$^/ SAN OIEGO COUNTY 5 i My Commission Expires Feb ?-7.19WJt 'mWHinfM^fW^fb" "••>«'******'+nf'JV<" - \/ (^)C . v^/vd^«^\ (Notary Public) ALLIED FIDELITY INSURANCE CO. 6320 North Rucker Road • Indianapolis, Indiana 46220 POWER OF ATTORNEY AC N£ 003524-^ <**"•-* KNOW ALL MEN BY THESE PRESENTS: That'this Power-of-Attorney is not valid unless attached to the bond which it %*thorizes executed. It specifies the LIMIT OP THE AGENTS AUTHORITY AND THE LIABILITY OP THE COMPANY, HEREIN. THE AUTHORITY OF-THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ***FOUR HUNDRED THOUSAND AND NO/100 ($400,000.00)*** " USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its principal office in the City of Indianapolis, State of Indiana, does hereby make, constitute and appoint: "Ft + W t TCA RS1B L - in the City of SAN DIEGO its true and lawful attorney-in-fact, at 10^05 S.D. MISSION County of SAN DIEGO # 203 __ State of CALIFORNIA . , in the State of CALIFORNIA to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called'and held on the 5th day of September, 1969. "Article V, Section 12, The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of ... Attorney(s)-in-Fafct, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix- ed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCE CO. Secretary THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA COUNTY OF MARION SS: On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation. •a H2 355 WO -o * 1> 3f W O »» o o I W O H Z » 5B £•*! gKJ M» G M CO3 § HM Notary Public, Marion County, Indiana My Commission Expires: March 9, 1983 Notary Public 1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR CRIMINAL APPEARANCE. Page 9 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: Items of Work /VJL Full Company Name Complete Address w/Zip Code Phone No. w/Area Code C. uttt^tj , CA Co . 797o CA . Page 10 DESIGNATION OF SUBCONTRACTORS - continued The tidder 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 Contracting License & No. Carlsbad Business License No.* Amount of 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. (Notarize or Corporate Seal) Bidder's Company Name Bidder's Complete Address Auyov C lh ^ 72 Authorized Signature Page 11 BIDDER' S- STATEMENT OF FINANCIAL RESPONSIBILITY 2, <« The undersigned submits herewith a notarized or sealed statement of hie/her financial responsibility. . SanK facet. R.ec* /cans (.oiffcers)7^ oSf3 JfL&^i ^2, 3 Scn. futn.i I, 670 A/c/e J?. 6?7 Share 6T.oHI D (Notarize or Corporate Seal) 1 Signature . Page 12 ' 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. CC< ; S/)/-/'^ (/Q//<?y IA Mr. floss Skg/Jr>n nl»o«e C<n~9e/U Side P&fK u »•*> m i Or. i ' ujesM, Jba5 keen Aotie a.^ Sc' A." i /Signatrure (Notarize or Corporate Seal) Page 12 • 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. Signature (Notarize or Corporate Seal) Page 13 • CONTRACT . THIS AGREEMENT, made and entered into this )) day of 19_JT3^_> by an<* between the City of Carlsbad, California, hereinafter designated at "CITY", party of the first part, and Collura Construction Co- > lnc- _ hereinafter designated as "CONTRACTOR", party of the second part. WITNESSETH: The parties hereto do mutually agree as follows: 1. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by City, the Contractor agrees with the City to furnish all materials and labor for: VALLEY STREET STORM DRAIN CONTRACT NO. 1098 and to perform and complete in a good workerlike manner all the work pertaining thereto shown on the plans and specifications therefor; to furnish at his/her own proper cost and expense all tools, equipment, labor and materials necessary therefor (except such materials, if any, as in the said specifications are stipulatd to be furnished by City), and to do everything required by this agreement and the said plans and specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unfore- seen difficulties which may arise or be encountered in the prose- cution of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension of discon- tinuance of work, except such as in said specifications are expressly stipulated to be borne by the City; and for well and faithfully com- leting the work and the whole thereof, in the manner shown and de- scribed in the said plans and specifications, the City will pay and the Contractor shall receive in full compensation therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the specifications, named in the bidding sheet of the proposal, as the case may be. 3. The City hereby promises and agrees with said Contractor to employ, and does hereby employ said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid and in accordance with the conditions set forth in the specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. Page 14 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the plans and speci- fications, are hereby incorporated in and made a part of this agreement. 5. Pursuant to the Labor Code of the State of California, the City Council has .scertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the con- tract and a schedule containing such information is in the City Clerk's office and is incorporated by reference herein. 6. The 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, howso- ever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of respon- sibility for negligence. 7. 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 the Contractor. 8. The 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 Con- tractor has no workers' compensation insurance policy covering the subject matter of this contract^ then Contractor shall either: 1. Acquire such a policy naming the City as an additional insured prior to the start of any work pursuant to this contract, or 2. 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 descrip- tion which would otherwise be covered by such workers' compen- sation insurance policy regardless of responsibility for negligence. 9. The Contractor shall submit to the City the policies mentioned in Paragraphs 7 and 8 or proof of workers' compensation self insurance prior to the start of any work pursuant to this contract. 10. Any controversy or claim in an amount up to $100,000 arising out of or relating to this contract or the breach thereof may be settled ' by arbitration in accordance with the construction industry rules of Page 1$ 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. 11. The prime contractor shall maintain and make available to the City of Carlsbad, upon request, records in accordance with Sections 177& and 1812 of Part 7, Chapter 1, Article 2 of the California Labor Code. If the contractor does not maintain the records at his/her principal place of business as specified below, he/she shall so in- form the City of Carlsbad by certified letter accompanying the return of this contract. The contractor shall notify the City by certified mail of any change of address of such records. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF CARLSBAD, CALIFORNIA Collura Construction Co.. Inc. Contractor By J* Mayor ATTEST: RJ (Seal) CA 9^0 Principal Place of Business By \"sialMT t\ ty Attorney Title By Title NOTARIAL ACKNOWLEDGEMENT OF EXECUTION OF ALL PRINCIPALS MUST BE ATTACHED CORPORATION STATE ttf CALIFORNIA COUNTY OF SAN DIEGO ss. On this.4th -day of_ therein, duly commissioned and sworn, personally came by me first duly sworn according to law, did depose and say that he resides - Secretary Of Collura Construction Co , 19_2.4>efore me, a Notary Public of the State and County aforesaid, residingA. J. Collura ^ ( to me known who bejng Inc.that he is the~—,~ — «. v**~ *—usxn. ^w« j .mi.* the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to such instru- ment is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order; that he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes thereinmentioned. OFFICIAL SEAL \ LINDA K. CROUCHOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Feb. 27,1984 K SMS-688 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. (ol £f adopted February 16', 1982 has awarded to Col 1ura Construct ion Co.. Inc. , hereinafter designated as the "Principal ,a contract for: VALLEY STREET STORM DRAIN CONTRACT NO. 1098 in the City of Carlsbad, in strict conformity with the drawings and specifications and other contract documents on file in the Office of the City Clerk. 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 Collura Construction Co.. Inc. as Principal, hereinafter designated as Contractor, and Allied Fidelity Insurance Co. as Surety, are held firmly bound unto the City of Carlsbad in the sum of Twenty Six Thousand Three Hundred Twenty Four and 76/1OQ-—---Dollars ($26.324,76 T~ said sum being fifty per cent(50%) 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 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 person or his/ her subcontractors fail to pay for any materials, provisions, pro- vender 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 4204 of the Government Code of the State of California. 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. i* IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named, on the , 19 day of ( .A // ^ (Notarize or Corporate Seal for each Signer) USA. I OM^II/ . £ r\ If/* Surety RtatBftf .CALIFORNIA SAN DIEGO 4th . day of.March , 19_S2_ before me personalty came R. W. KASSEL , to me known, who, being by me duly sworn, did depose and say that he 1. an attorney-in-f act of ALLIED FIDELITY INSURANCE; 03, \ ; the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires February 27, 1984 K. CB-407 (9/81) OFFICIAL SEAL LINDA K. CROUCH . DTARY PUBLIC-CALIFORNIA!PRINCIPAL OFFICE IN <SAN DIEGO COUNTY My Commission Expires Feb. 27,1984'"Vl*"%*J>WVOt<W%IW«*M>i (Notary Public) 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. (oT fg .adopted February 16 , 1982, has awarded to Collura Construction Co., Inc. hereinafter designated as the "Principal", a contract for: VALLEY STREET STORM DRAIN CONTRACT NO. 1098 ' 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, Collura Cons-truction Co., Inc. , as Principal, hereinafter designated as the "Contractor", and Allied Fidelity Insurance Co. as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of Fifty Two Thousand Six Hundred Forty Nine & 52/100-Dollars ($ 52,649.52 ), 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 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 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 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 not 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 pot exonerate the Surety from its obligations under this bond. f IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the day of ,19 /0175~ Po * (Notarize or Corporate Seal for Each Signer) 'C6A£ractor Surety State nf CALIFORNIA SAN DIEGO I 8S. , day of.March 9 82 x before ma personally cam< R W to me known, who, being by me duly sworn, did depose and say tha h« is an attorney-in-fact nf ALLIED FIDELITY INSURANCE 00. the corporation described in and which executed the within instrument; that he knows the corporate seat of said corporation that the seal affixed to the within instrument is such corporate seal, and that he signed the said Instrument and affixed the sale seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under thr Standing Resolutions thereof. My commission «vpi™« February 27. 1984 C8407 (9/11) OFFICIAL SEAL LINDA K. CROUCHITARY PUBUC-CAUFORNIAPRINCIPAL OFFICE IN ', ^— SAN DIEGO COUNTYJ My Commission Expires Feb. 27,1984 ALLIED FIDELITY INSURANCE CO. 6320 North Rucker Road • Indianapolis, Indiana 46220 POWER OF ATTORNEY AC N2 004225 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 AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF-THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY SHALL NOT EX™™ * * * FOUR HUNDRED THOUSAND 001URS * + + USE OF MORE THAN ONE POWER VOIDS THE BOND ALLIED FIDELITY INSURANCE CO., an Indiana corporation, ha^iag its principal office in the City of Indianapolis, State of Indiana, does hereby make, constitute and appoint: R.W. KASSEu in the City of SAN DIEGO its true and lawful attorney-in-fact, at 10^5 , County ofniFcn MK<;|nM ROAH SAN DIEGO # 203 , State , in the State to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum shown above. THIS POWER VOID IF ALTERED OR ERASED This power not valid unless used before December 31, 1985 The acknowledgment and execution of any such document by the said Attorney-In-Fact shall be as binding upon the Com- pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By-Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September, 1969. "Article V, Section 12, The President shall have power and authority to appoint, or delegate to other Corporate Officers, the appointment of ... Attorney(s)-in-Fact, and authorize them to execute, on behalf of the Company as Surety, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at any time in his judgment remove any such appointee(s) and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix- ed to such Power of Attorney or to any certificate relating theretp, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding,on the Company, in the future, with respect to any bond, undertaking or instrument of suretyship, to which it is attached." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 25th day of November, 1980. ALLIED FIDELITY INSURANCE CO. BY Secretary President THIS POWER DOES NOT AUTHORIZE THE EXECUTION OF BONDS FOR LOAN GUARANTEES STATE OF INDIANA COUNTY OF MARION SS: On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation. •B H2 5 "2. CO § 1 > ^r Mo > *li w »5 GB CO 3 §H ~ =37> >> HHc°O •*) CO r> o o> Notary Public, Marion County, Indiana ry My Commission Expires: March 9, 1983 ^ Notary Public 1. ONLY ONE P6WER OF ATTORNEY MAY BE ATTACHED TO A BOND. 2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA- NENT PART OF THE OBLIGEE'S RECORDS. 3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR CRIMINAL APPEARANCE. Page 20 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the 1979 edition of the Standard Specifications for Public Works Cons truction 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. '..-•-. i The Construction Plans consist of 2 sheet(s) •designated as City of Carlsbad Drawing No. 208-9 '. The standard drawings utilized for this project are the San Diego Area .- Regional Standard Drawings, hereinafter designated SDRS, a_s 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 neces- sary 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 representative. 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 accom- panying 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 comple'te 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 oper- * ations, labor, tools and equipment, and .further, including the furnishing and installing of materials that are indi- cated, 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 trans- portation. 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 preconstruc- tion conference. 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 ^5 consecutive calendar days from the date of receipt of said ""N o t i c e 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 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 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. 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 fr-om 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 in- serted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. 12. IHTENT 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 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 ke'ep 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. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergen- cies, to increas'e 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. 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. WATER FOR CONSTRUCTION The Contractor shall obtain a construction meter for water utilized during the construetion under this contract. The Contractor shall contact the appropriate water agency for re- quirements. Contractor shall include cost of water and meter rental within appropriate items of proposal. No separate pay- ment will be made. 19. SURVEYING Surveying service for this project shall be performed by the Contractor. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Con- tractor shall include cost of surveying service within appro- priate items of proposal. No separate payment will be made. Page 26 SPECIAL PROVISIONS FOR THE CONSTRUCTION OF THE VALLEY STREET STORM DRAIN CONTRACT NO. 1098 1. SPECIFICATIONS: The work covered herein shall be in accordance with the Standard Specifications for Public Works Construction, as issued by the Southern California Chapters of the American Public Works Association, and these contract specifications, including any amendments thereto, insofar as these may apply, and in accordance with the following Special Pro- visions. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and shall be used in lieu of such conflicting portions of either the Standard Specifications or the general specifications. Work on City of Carlsbad curbs, gutters, sidewalks, cross gutters, sewers, pavements and waterlines shall conform to the standards of the City of Carlsbad. 2- LOCATION: The project is located within the City limits of the City of Carlsbad. The main line is to be constructed from Buena Vista along Valley Street to Elm Avenue. 3- CONSTRUCTION SEQUENCE: All storm drain structures shall be constructed from the downstream end; except for portions which are specifically des- ignated as being accelerated construction reaches by the Engineer due to traffic problems anticipated or other situations where overriding public interest governs or construction scheduling difficulties are being avoided. 4. CONSTRUCTION AND STRUCTURAL NOTES: All construction notes and structural notes and symbols used on the plans direct the Contractor to perform the operations indicated, supply materials required, and safeguard facilities. They are shown for the convenience of the Contractor and clarity of the drawings and specifications and shall not be the basis for claims of extra work. Payment for those items of work shall be incorporated into the items of work to which they pertain and other items and no separate payment will be made for them. 5- SOIL BORINGS: The City does not represent that any soil boring informa- tion shown on the plans shows completely the existing condition and does not guarantee the interpretation of these records. The Contractor assumes all responsibility for deductions and conclusions as to the nature of materials to be excavated, the difficulties of making and maintaining the required excavations, and of doing other work affected by the geology of the site of work. 6« PROTECTIVE AND SECURITY FENCES: The Contractor shall construct and main- tain continuous protective and security fencing (51 minimum height chain link fence with posts at 10" intervals) around all excavations 3' or more in depth or where the excavation is considered unsafe at lesser depths. No access openings shall be left in the fence when workers are not present. Fence shall be braced to stand against wind and be secure against collapse, disassembly or destruction by unauthorized tampering. Fencing not under Page 27 ownership of the Contractor may be used as protective fencing only when specific permission for its use is secured from the Engineer. All costs involved in constructing, maintaining, and removing this fence shall be absorbed in the items of work for which it is used to protect. 7. SAFEGUARDING EXCAVATIONS AND STRUCTURES: In making excavations for the project, the Contractor shall be fully responsible for providing and installing adequate sheeting and/or timbering and bracing as may be neces- sary as a precaution against slides or cave-ins, and to protect all existing improvements of any kind, either on public or private property, fully from damage. The Contractor shall make necessary repairs to or reconstruction of any such improvements damaged, at his/her own expense and as directed by the Engineer. The Contractor shall remove any shattered rock or other loose material which appears dangerous to workers or to structures. The fact that such removal may enlarge the excavation beyond the required limits shall not operate to relieve the Contractor from the necessity of making such removal, and the Contractor shall be entitled to no additional compensation under any contract item on account of such removal and enlargement. It shall be the Contractor's responsibility to obtain all permits required by the State of California, Division of Industrial Safety for excavations. The Contractor shall comply with all the provisions of the State of California Construction Safety Orders dealing with Excavations and Trenches. Contractor shall further comply with the provisions of the California Occu- pational Safety and Health Act of 1973 (Ch.993, Stats. 1973) and with all rules, regulations, orders and standards adopted or issued pursuant thereto, and with all other laws, regulations and standards relating to safety. Copies of approved shoring methods and plans shall be supplied to the Engineer prior to their use. All materials required for sheeting, bracing and shoring shall be furnished by the Contractor and upon completion of the work, except for such as may be left in place, shall become the property of the Contractor. All costs for labor, materials, and equipment required to design, construct, repair, reconstruct and remove all shoring, sheeting, lagging, cribbing, coffer dams, piling, or other means of supporting and excavations required for the construction,of this project shall be included in the lump sum price bid for shoring excavations. 8. TRAFFIC REQUIREMENTS IN CARLSBAD CITY STREETS: The Contractor shall arrange his/her work in such a manner that the following traffic requirements are satisfied: A. Provide and maintain one 12-foot traffic lane during Contractor's normal working hours and two 12-foot traffic lanes after normal working hours for all streets. Any one street shall not be simultaneously reduced to two lanes at more than one location. Page 28 B. The complete closure of any street requires prior approval of the Engineer. C. Vehicular access to any property in the project area shall not be blocked off. 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 of the storm drain. A. Notifications: The Contractor shall notify the following City depart- . rnents 24 hours prior to the start of work on this project and 24 hours prior to the closing or opening of a street or alley within the City of Carlsbad: Engineering Department - 438-5541 Police Department - 438-5511 Fire Department - 438-5521 The City of Carlsbad will furnish, at no charge to the Contractor, "TEMPORARY NO PARKING" signs to be posted (and removed) by the Contractor as required to facilitate progress of the work. The signs shall be removed by the Contractor immediately when not required to facilitate the work. B. Barricades, Guards and Safety Provisions: 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 ob- structions 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 visi- bility is poor. All safety rules and regulations of local and State authorities shall be observed. Portable delineators, including the base, shall be composed of a 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 replaced or restored to their original location, in an upright position, by the Contractor. Page 29 The vertical portion of the portable delineators shall be predomi- nantly orange color. The posts shall be not less than 2-1/4" in width or diameter, if tapered, shall have a cross-sectional 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. Fluorescent traffic cones shall be of good commercial quality, flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound. The overall height of the cone shall be at least 28 inches. The base shall be of suf- ficient 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 facilities 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 sus- pended 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 rnud 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 Con- tractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and Page 30 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 fluorescent 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 tree with flags 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 of 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 furnish- ing warning and protective measures as above provided, the Engineer may direct attention to the existence of a hazard and the necessary 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 re- sponsibility 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 flag- persons 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 inter- vals 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 material costs thereof from the contract amount. The Contractor shall place a 1" thick temporary pavement over storm drain trenches within intersections as soon as they are backfilled to prevent dust from cross traffic. The Contractor 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, furnishing and placing temporary pavement shall be absorbed in other items of work. 11. NOTIFICATION TO RESIDENTS AND PROPERTY OWNERS: It shall be the responsi- Fflity of the Contractor to notify in writing all property owners and residents along any street closed to traffic at least 24 hours prior to closure. If driveways are to be closed, the property owner and/or resident shall be notified in writing 24 hours in advance, and th'e period of closure Page 31 shall be specified to the affected resident or property owner. All costs involved in notification shall be absorbed in other items of work. In the event of failure to notify by Contractor, the Contractor shall, at the direction of the Engineer, restore property access immediately. 12, 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, txisting im- provements shall include, but are not limited to curbs, gutters, cross gutters, sidewalks, driveways, lawns, shrubs, trees, fences and walls. 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 discontinued unless the Con- tractor demonstrates, to the satisfaction of the Engineer, that modifi- cations 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 im- provements. 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 improve- ments except those otherwise specified herein. All curbs, gutters, sidewalks and driveways shall be removed and replaced to the next joint or scoring line beyond the actually damaged or broken sections; or in the event that joints or scoring lines do not exist or are three or more feet from the removed or damaged section, the damaged portions shall be removed and reconstructed to neat, plane faces. All new concrete shall match, as nearly as possible, the appearance of ad- jacent concrete improvements. The Contractor is required tg_.conduct concurrent cleanup operations as the work proceeds. PortiohG- of^fe&e^j-ob other thaft-^be-se-alTowed in Item 13 below shall be completely cleaned of dirt, debris, trench spoil, equipment and construction material; and areas are to be completely restored. An exception may be made for final repaying, except that all areas shall be completely repaved and ready for final inspection within a month (30 calendar days) subsequent to placement of conduit or stripping of forms. Dumping or storage of materials or storage of equipment in public rights- of-way or private property requiring subsequent cleanup shall not be Page 32 ^ permitted unless written permission is secured from the agency having jurisdiction or owner of the property and submitted to the Engineer and approved. All costs involved in protection, restoration and cleanup of existing improvements shall be included in other items of work. 13- MXIMUM LENGTH OF OPEN TRENCH: Except by special approval by the Engineer, no more than one 500-foot reach or fractions thereof of storm r drain pipe laying operations, including trenching and'backfill ing, shall be under construction at any time. All costs involved to comply with these requirements shall be included in the prices bid for various items of work. 14. STORAGE OFJWIRIALS 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 below. A. Storm drain, sewer and water pipes may be stored on public streets for a period not to exceed five working days. !f- B. Excavated and backfilling materials may be stored within £#0 feet of the pipe laying operation only. C. Construction equipment including shoring materials, fencing, and forming materials- may be stored within 500 feet of the pipe laying operation only. All cost involved to comply with the above requirements shall be included in the prices bid for various items of work. 1^" UTILITIES: Utilities for the purpose of these specifications shall be considered as including, but not limited to pipe lines, conduits, trans- mission lines, and appurtenances of "Public Utilities" (as defined in the Public Utilities Act of the State of California) and those of private industry, business or individuals solely for their own use or for use of their tenants, and storm drains, sanitary sewers, street lighting and traffic signal systems. The City'of Carlsbad and affected utility companies have, by a search of^nown records, endeavored to locate and indicate on the plans all utilities which exist within the limits of the work. However, the accuracy or completeness of the utilities indicated on the plans is not guaranteed. Service connections to adjacent property may or may not be shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all utilities and their service connections. The Contractor shall make HIS own investigation as to the location, type, kind of material, age and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition he shall notify the City as to any utility, appurtenances and service connections located which have been incorrectly shown on or omitted from the plans. Page 33 The Contractor shall notify the owners of all utilities at least 48 hours in advance of excavating around any of their structures. At the completion of the contract work, the Contractor shall leave all utilities and appur- tenances in a condition satisfactory to the owners and the City. In the event of damage to any utility, the Contractor shall notify the owners of the utility immediately. The temporary or permanent relocation or alteration of utilities, including service connections, desired by the Contractor for his own convenience 'shall be the Contractor's own responsibility, and he shall make all arrangements regarding such work at no cost to the City. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities which interfere with storm drain structures, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the City. Should the omitted portion of the work consist of concrete pipe, thgj^pjjtrj^tpr maj(_cpjT]pJjej£™^4_£2J^tiQ]i.,by cpjis'J^cijng a trans- ttioiuija^ictuisJiiJ:^will be made on a linear foot basis at the price bid for the pipe item^-... ~.~.~~ ~«~ ....... .~A— - ..... - - -.--•- ....... .- .- •• The Contractor shall 'support and protect all utilities and service con- nections found not to interfere with the permanent project work. It shall be the Contractor's responsibility to provide continuous and safe operation of all utilities protected and supported. The Contractor shall be respon- sible for all damages and costs that may be caused by his/her failure to protect and support utilities in a satisfactory manner. Payment for protecting and supporting utilities are as follows: A. All costs involved for protecting and supporting utilities shown on the plans as "protect (utility)" shall be included in the various items of work. B. All costs involved for protecting and supporting utilities that parallel the storm drain construction shall be included in the price bid for storm drain construction. The definition of a parallel utility for the purpose above shall be as follows: Any utility which runs more or less parallel to the pipeline being constructed and located more than two feet measured horizontally from the outside diameter of the pipeline being constructed. C. Payment for protecting and supporting all utility lines found within the trench or structure excavation lines shall be included in the price bid for the storm drain or structure. Certain abandoned utility lines (mains and services, primarily gas) may not be shown due to insufficient data on the project drawings. The Contractor shall apply to the gas company or other utility company for Page assistance in identifying abandoned or out-of-service lines. The Contractor shall take due precautionary measures to effect their removal and ultimate abandonment. The Contractor shall relocate all water service connections found to interfere with permanent project work. All costs invo.lved to relocate all water service connections shall be included in the various items of work. 16. USE OF PAVEHENT SAWS: A concrete pavement saw shall, where practical, be used in the removal of all existing concrete curbs, sidewalks and gutters. A full depth of saw cut shall be used where possible. Mini- mum depth of saw cut shall be 2/5 thickness of the concrete pavement. Pavement saws need not be used for the removal of bituminous pavement in the City streets. However, the bituminous pavement shall be saw cut to a neat vertical line prior to paving. Concrete pavement cracked by the Contractor's operations shall be sawn at removal lines determined by the Engineer. In State of California rights-of-way, a concrete pavement saw shall be used for the removal of all bituminous pavement. Payment for the use of concrete or pavement saws shall be absorbed in the items of work for which they are used. 17- ABANDONED UTILITIES AND STRUCTURES: Unless otherwise specified, gas lines, sanitary sewers, storm drains, or other structures which have been abandoned or are to be abandoned as a result of the construction of this project and are found to interfere with construction, the inter- fering portions shall be removed and the remaining exposed portions sealed with an 8-inch wall of brick and cement mortar. All interfering materials shall become the property of the Contractor and shall be dis- posed of by him away from the site of work. The costs of all such work specified in this section shall be absorbed in the prices bid for the various items of work. 18« REMOVAL OF EXISTING PAVEMENT: The Contractor shall trim the existing pavement to clean, straight, join lines as nearly parallel to the center line of the storm drain as practical. Said straight lines shall be 30 feet minimum in length. No additional payment will be made for trimming as it is considered part of bituminous or P.C.C. pavement removal. Excavations in the pavement area or within 18" of the pavement (on partial sections) shall be repaved as shown on the pavement replacement schedule. If the pavement is cut to within three feet .of the edge of pavement or lip gutter, the pavement shall be replaced to that edge. Severe damage to the pavement due to the Contractor's operations shall be patched with an equivalent section. Extensive damage on one side greater than 10% of the pavement, area in any 250' reach shall be repaired with a one inch pavement overlay and seal coat on asphaltic concrete sheets. If existing P.C.C. pavement is cracked by the Contractor such that the minimum dimension of the piece is less than four feet, the P.C.C. pave- ment piece shall be removed and replaced at no cost to the City if one edge lies adjacent to the pavement removal area. All costs involved in the removal and disposal of existing pavement, in- cluding P.C.C., A.C. over P.C.C. and A.C. shall be absorbed in the unit prices bid for storm drain construction. Page 35 19. TRENCH EXCAVATION: The Contractor shall obtain a RIght-of-Way Permit from the City of Carlsbad prior to start of work. Excavation for storm drain conduits shall be by open trenches with verti- cal sides unless otherwise approved by the Engineer. The trench clearance from excavated wall shall be shoring thickness plus 12 inches on each side of conduit, measured at top of pipe. If, in the opinion of the Engineer, the maximum trench width shown on backfill details is exceeded to the extent that the load on the pipe is increased so as to require additional or another type of bedding or a higher "D-load" strength pipe, such additional bedding or increased strength of pipe shall be furnished and installed by the Contractor at no additional cost to the City. All excavated material unsuitable for trench backfill and excess exca- vated material shall become the property of the Contractor and shall be disposed of by him/her away from the site of work. All costs involved for trench excavation and disposal of excess excavated material and excavated material unsuitable for trench backfill shall be included in the price bid for the construction of the storm drain. 20. DEV'IATERING AND CONTROL OF WATER: The Contractor's attention is directed to the fact that portions of the project are subject to groundwater in- filtration. It shall be the Contractor's responsibility to dewater and to take all necessary precautions to protect the construction and the existing improve ments from damage due to infiltration of groundwater and water from any other source, the Contractor shall take action as necessary such that any ponding resulting from such discharge shall not result in the creation of odors, breeding of mosquitoes,or the creation of other nuisance problems. The Contractor shall not place concrete when the excavation is not com- pletely dewatered and shall take all measures necessary to assure dewater- ing is maintained until concrete is cured sufficiently to remove forms. Payment for all dewatering operations and/or control measures for water shall be included in other items of work. 21. 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. 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 com- pacted mechanically after placement in the trench and shaped to receive the pipe. Page 36 Payment for all bedding materials, including furnishing, shaping, and ^^ compacting is included in the lineal foot price of the conduit being constructed or absorbed in cost of the structure. 22. REINFORCED CONCRETE PIPE: Reinforced concrete pipe shall conform to the provisions in Section 207-2.1 of the Standard Specifications and be installed in accordance with the plans. In lieu of any standard classes of pipe strength specified in the Standard Specifications, reinforced concrete pipe shall have the minimum "D-load" strengths as shown on the plans. The specified "D-load" strengths for design of reinforced concrete pipe are based upon the loads to which the pipe will be subjected upon com- pletion of the project. Should the Contractor, as a result of his/her construction methods, or for any other reason, subject the pipe to loading which is greater than that for which the pipe was designed, it shall be the Contractor's responsibility to take whatever steps are required to strengthen or otherwise protect the pipe from damage. Pipe stronger than that specified may be furnished at the Contractor's option and expense. All pipe joints shall conform to Section 65-1.06 of the Standard Specifi- cations. The Contractor shall submit details of the pressurized jointing methods for approval before construction with substantiating data on its adequacy. Payment for pipe joints shall be included in the unit price bid for R.C.P. in place. All reinforced concrete pipe joints shall be mortared on the inside of the pipe. The annular space in the inside joints of the pipe shall be filled with mortar and finished smooth with a steel trowel. Said space shall be finished as each section of pipe is installed for pipes 24 inches in diameter and smaller, and after the entire installation is completed, for larger pipe. All reinforced concrete pipe shall be mor- tared on the upper 270 degrees of the outside of the pipe. Payment for reinforced concrete 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 reinforced concrete pipe. B. Removing and disposing of existing pavement of any type. C. Furnishing and replacement of asphaltic concrete or P.C.C. pavement and base material, including restriping or temporary striping. D. Removing and disposing of existing concrete curbs, gutters, side- walks, pavements and driveways. E. Replacement of concrete curbs, gutters, sidewalks and driveways. Page 37 F. Trench excavation and removal or abandonment of interfering utilities and structures. G. Removing and disposing of excess excavated materials. H. Removing and disposing of excavated materials that are unsuitable for trench backfill. I. Dewatering of excavations. ' J. Furnishing, placement and compaction 6f trench backfill material K. Shaping pipe bedding material and placing concrete supports for ex- isting pipes. L. Furnishing and placing or removal of brick and mortar seals. M. Protecting and supporting of utilities. N. Furnishing and placing "or preparing any joints or jointing material required. The above shall include full compensation for furnishing all labor, mate- rials, tools, equipment, and incidentals, and for doing all work involved in installing different sizes and classes of pipe including connecting new pipe to existing facilities, complete in place, and furnishing and disposing of water used for testing, as shown on the plans, and as speci- fied in these specifications and the special provisions, and as directed by the Engineer. 23> ASBESTOS-CEMENT PIPE: Asbestos-cement pipe shall conform to the provisions of Section 207-6".2.1" of the Standard Specifications. The Contractor may substitute asbestos-cement pipe for reinforced concrete pipe on the following basis: A. The inside diameter of the asbestos-cement pipe substituted shall be equal to the inside diameter of the reinforced concrete pipe shown on the plans. B. Pipe strength substitution shall be per the following tables: Class of asbestos-cement pipe Reinforced concrete pipe requ i re d for j>u_b_st i tutjon "D-load "range per plans Class II 800D to 1000D Class III 1050D to 1350D Class IV 1400D to 2000D Class V 2050D to 3000D C. All payment provisions for reinforced concrete pipe shall apply to asbestos-cement pipe. Page 38 24. TRENCH RESURFACING: Trench resurfacing shall conform to the require- ments of Section 306 of the SSPWC and to these Special Provisions. Aggregate base material shall be Class II and conform to the require- ments of Section 301-2 of the SSPWC. u Asphalt concrete shall be Type I-B-AR4000, except finish courses, and shall conform to the requirements of Sections 203 and 302 of the SSPWC. All finish courses shall be Type I-AR-4000. Payment for the resurfacing, including the cost of asphalt concrete and aggregate base, shall be considered included in the cost of the various items of work and no additional payment will be made therefor. 25. TRENCHING AND BACKFILL: All trenching shall conform to the requirements of Section 300 of the SSPWC and to these Special Provisions. The Con- tractor shall obtain a right-of-way permit from the City Engineering Department prior to any construction within the City right-of-way. Where trenches cross pavement sections, the Contractor shall saw cut along a straight line as nearly parallel to the center!ine of the storm drain as possible to allow for clean join lines. Backfill shall be compacted to 90% of maximum dry density as determined by AST!"! test method number D1557-58T. The cost of trenching and backfill, including pavement saw cutting, re- moval and disposal, shall be considered as included in the unit prices . paid for the various items of work and no additional payment will be made therefor. 26• CONCRETE CATCH BASINS: The work shall conform to the requirements of Section 303-1" of the SSPWC. The unit price paid for each catch basin shall include all labor, materi- als, equipment and operations necessary to construct the catch basin com- plete and in place as shown on the project plans and as specified here- in, including pipe connections and asphaltic apron. 27. PAVEMENT AND BASE REPLACEMENT: The Contractor shall replace all asphaltic concrete pavement removed to construct the storm drain and appurtenances thereto with base and pavement as shown on the plans. All surfaces to be resurfaced shall be swept and cleaned prior to the pav- ing operation. Asphaltic concrete pavement and base material shall be replaced to the thicknesses shown in the pavement replacement schedule- on the plans. A.C. pavement and base material shall conform to Section 24 above. Page 39 Payment for pavement and base replacement shall be considered as included in the unit prices paid for the various items of work and no additional payment will be made therefor. 28. EXISTING ACCESS HOLES AND WATER AND GAS VALVE COVERS: The Contractor shall adjust all existing access hole frames and covers and water and gas valve frames and covers in work area to finish grades. All costs of complying with the requirements of this paragraph shall be included in the prices bid for the various items of work. 29• FINAL CLEANUP: The construction site shall be left in a neat and present- able condition. The cost of site cleanup shall be considered as included in other items of work and no additional payment will be made therefor. 30. STORM AND GROUNDWATER DAMAGE: The Contractor shall, throughout the entire term of the contract, assume all risks and expenses of interference and delay in the operations and the protection from or the repair of damage to improvements being built by the Contractor under the contract as may be _pagsed J^v_ werter^of .w^ajevar-quantity frjam jftoods. s.tprms, industrial waste, irrigatio"n""underground, or other sources. However," the Contractor may also assume full responsibility and expense of protecting or removing and returning to the site of work, all equipment or materials under his/her care endangered by any action of the elements. Furthermore, the Contractor shall indemnify and save harmless the City against all claims or suits for damage arising from his/her opertionas in dewatering the work and control of water. All works installed by the Contractor in connection with -dewatering and 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 Contractor's expense. Should a storm occur prior to the date upon which the work is completed and sliQul-d)>debris_>o_rj3ither JUa.te/ijalj be, dejjgsj ted aswa ,re£ult_ Q^ S2Jd storm in "orLj}pQn a*nVjyQrJ<s^or Tmpro'yements jj^wnatjaver nature constructed jjncTer tTTe contract, the CorvtFactor ThaTV"immed^at*eTly remo^yT and TTi spose_ of Tu"ch~de"p1asT'ted material and no a'o'ch'Tional compensation for" such removal and'^is'p'osal will be madeT —— — — — ~ "* The Contractor shall, at all times, when rainfall ^rjj^hjpr^djajnjge _f 1 pv jire jjccurring OP ^HP prpiprt- have supervisory personnel and workers on duty". During such times, the Contractor shall have readily available suf- ficient material and equipment to protect the public from danager and io_ jarotect the projectjwgrk, as well as private oj^p^li^ property from dam- ^~ , _- • - — !_ _ The cost of such^ork is included in the unit prices bid for the various items of work and no separate or additional payment will pe made trrerefor. REMODELING OF HOUSE CONNECTION SEICRS: The Contractor shall remove all ex- isting house connection sewers which interfere with a part of the permanent work to be constructed under the contract. The Contractor shall reconstruct Page 40 32. or remodel said house connection sewers. When a house connection sewer is found to occupy the space to be occupied by a part of the permanent works, the Contractor shall notify the Engineer and the Engineer will approve the remodeling method to be used. The cost of such work is considered included in the prices bid for the various items of work and no separate or additional payment will be made therefor. PAYMENT FOR A.C. AND A.D.: Will be made on the basis of estimated amount only.Any extra amount required must be approved by the Engineer.