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Don Hubbard Contracting Company; 1959-11-23;
J , ft '•'•-• ••>:•;;•;.- '^K".:i ORIGINAL QJT3C OF OARISBAD SoaSl SiO SESGIFIDATlCfS If I HD B X NOTICE H¥1TI$5 S&AXED PROPOS&IS BJFCRHWIGN FOl BIDDERS PROPOSAL BSD BOHD AGREEffiMT MS) CONTRACT BOND FOR FAITHFUL PERPORMAHJE BOND FOR MBOR AND GI5HEEAL CGKD1TIQHS Carlsbad CITY OF CARLSBAD ROTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION OF A DRAIN DITCH ALONG THE SANTA FE RAILWAY RIGHT OF WAY Pursuant to a motion by the City Council of the City of Carlsbad, California s ordering the work described as follows: to«wit: The construction of a drain ditch along the Santa Fa Railway right-of-way as shown on the plans and described in the specif icat ions 0 NOTICE IS HEREBY GIVEN inviting sealed proposals or bids for doing all the vork hereinabove described and ordered in said trot ion ordering work9 to be presented to the City Clerk at his office in the City Hall of said City up to the hour of four o'clock (4sOO) P.M0 on October 20S 1959o All bids presented shall be accompanied by a security in an amount equal to at least ten per cant (10%) of the bid submitted 0 Said security may be furnished on any one of the following forms: (a) Certified Check roj.de payable to the City of Carlsbedo (b) Bidder's Bond made: payable to the City of Carlabads executed by the bidder end the two sureties who shall justify^ before any officer competent to administer oaths in double the said amount and over and above all statutory exstnptionso (e) Corporation Surety Bond to the satisfaction and approval of the Superintendent of Streets^ The contractor to whom au award may be made will be required to furnish with the contract two surety bond:** one faithful performance bond in an amount squal to not less than one hundred per cent (100% of the aggregate amount of the bids aad one material and labor bond In an amount not less than fifty per sent (50%) of the aggregate amount of oaid bid0 The City Council of said city reserves the right to reject any or all bids and So waive any informality in a bid not affected by Iaw0 Dated this l_j^* day of (A^^dfcd^±l » i959 LH3 PRICES City Clerk ^i^ of Carlsbad-, California Carlsbad CB3 OF CARISBAD DMIS BUCK I* RECEIPT AM) OFEHCTG OF BIDSt Sealed bide for ths contraction «f a drainage ditch will be reeeiwsd % tho City Clerk of the City of Qarlsbad9 California, at the City Hall, 2960 pi© Piec Brira, Carlsbad, California, until tha hour of 4:00 P. M0 ®a September 14* 195S? at which tins© they will bs opened and read in public. Bids reeeiwd after that time Trill not be consideredo 2. DRJPBiGS .A»D,SaBSnt3CAT!lC»t Drawings and specifications may be examined at the office of the City Clerk, Gity Hall, Carlsbad, California,, Draftings and specifieationa aay be obtained fro® the City Clerk free of charge^ The documents shall be returned in good condition within thirty (30) days after the date of opening of bids0 EXAMIHATIOH? Each bidder should examine the Plans and Specifications and the site of the irork and fully acquaint himself with all conditions and matters which can in any way affect the work or cost thereof « PREPARATION! OF BIDS."A Bids must be subsdtted on th© prescribed form,, Bid prices mast be filled ia$ i ink9 in both words and figrar0s« In case of discrepancy between unit prices aral amount®., unit prices will govern,, Erasures or other changes mast ba notad the sigjaatm-e of the bidder* All bids preeeatsd. ehalJL be aeeorapanied by a security la an amount eqoal to atleast ten p®r e©nt (IC^i) of the bid submitted „ Said sectirity n®y b© foi'saished ©n any one of th© following forms; (a) Certified Cheek mde payable to the City of Garlsbad0(b) Bidder's Bond asade payable to the City of Carlsbads ©sseuted by the feld" der and the two sureties who shall justify^ before any officer competent to adcdniater oat^9 in double the said assount and over and abcw^ all statutory o3D8B!ptions0(c) Corporation Stiroty Bond to the satisfaction and appro-sal of -the Sapaj?in= tendeEtt o The bond shall hava as surety thereon a coajpas^- satisfactory to the Gity Go«neilaSaid chsek or bond sha.ll bs given as a guarantee that the bidder will enter iato a contract if awarded the work, and in case of r-sfasal or failure to ©ntor into said eontraet3 the check or bond shall be forfeited to the- Gityc Within ten (10) dsys after swarding tht coatraetj the City Council will return the proposal ant®e accoapaagring Qaoi- of the proposals which are Carlsbad Inforssatioa for Bidders 60 CONTRACT BONDS; he successful bidder will be required at the tints of executing the contract to furnish a labor and material bond in an amount equal to fifty per cent (50%) of the contract price, and a faithful performance bond In an amount equal to one hundred per cent (1007.) of the contract price0 Said bonds shall be secured from a surety company satisfactory to the City Council0 7. SUBMISSION OF BID: Bids must be submitted in scaled envelopes bearing on the outside the name of ths bidder, his address, snd the name of the project and the date of opening0 80 WITHDRAWAL OF BIOS: Bids must be withdrawn in writing prior to th© date of opening of bids,. After such date a bidder may not withdraw his bid until the expiration of thirty (30) dayss after which time a bid may be withdrawn only in writing and in advance of actual award of contract 0 of contract will be made to the lowest responsible bidder complying with the requirements of the contract doeusents, providing the bid is reasonable and it IB to the interest o£ the City of Carlsbad to accept it. The City Councils however,., reserves the right to reject all bids end to waive eny informality in bids received.* Oc TIME OF COMPLETION: The Contractor will begin work within ten (10) days after the execution of the Con-- tract Agreement and shall diligently prosecute the seme to completion within SIXTY (60) CONSECUTIVE CALENDAR DAYS frsjr, the date o£ execution of the contract0 lie. REJECTION OF PROPOSALS, Propose!s way be rejected if they show any alteration of fortn* additions not called fJo:*. conditional or alternative bidst incomplete bids or irregularities of any kincU Ths right is reserved to reject gny or all proposals0 12o R3GI5TRATION OF CONTRACTORS: Before submitting bids, contractors shall bs licensed in accordance with provisions of Chapter 89 Article 3S of the Business and Professions Coda« 13. ENGINEER'S ESTIMATE: The prelitninftgy es'citnats of quantities of work to be done &nd materials to be fur- nished is approximately as shown upon the PIar5g and is given as a basis of comparison of bids only and the City does aot expressly or by isiplieation agree that the actual "-mount of work will correspond tharewith0 v.,,, Carlsbad Information for Bidders - 2 DRAIN DITCHCOi-3T.HACTOH*S PROPOSAL Tt THE HONORABLEs THE COUNCIL OF THE CITY 0? CARLSBAD, COUNT/ OF SAN DI3GC » STATE OF CALIFORNIA i in compliance with the advertisement calling therefor$ I hereby propose and agree Co perform ' the work mentioned therein and pay not less than the prevailing rate o£ per diem wages6 and furnish materials an accordance with the specifications and execute the contract tharefor to the satisfaction and under the supervision of the City Engineer o£ the City o£ Carlsbad.,, California.. NO. 1 2 QUANTITY 13,806 cue yds0 6e500 sq0 fto 220 lin» ft* DESCRIPTION OF ITEMS UNIT PRICE IN WRITTEN WORDS Ditch excavation^ including spoil disposals Dollars ,y Guviite in place with #14 steel 2s' x 2" nsssh wira UNIT PRICE TOTAL AMOUKT PER ITEM *2 Dollars Cents (J Concrete culvort under Tamarack Ave«,9 eomplet@5 lump sum including and back filio a 6K reiuforcad concrete cut-= I off wail and footing in | place including encsvation j and bsck fillo 3Mj-<K'.at|i»j a<M»oayDollars ^^0STJjpa»t«B»niK'<»'i«u«i'»as -ac!J^t.xg?g-^s {; tLt*-L*-£v^-a.'&rt*sn.- 00. Cents GRAND TOTAL ?S JAo WAGE .SCALED .he contractor will be required to pay his employees working upon tha project wages at least equal to the prevailing wage scale0 No workman will be permitted to work tnore than eight hours per day except as provided in Sections 1810 and 1816, inclusive, of the Labor Code of Californiao 150 STATEJ^N^LOCA^LABOR AMD MATERIAL REQUIREMENTS; Attention is called to the State and local labor and material requirements., which form a part of the contract or specifications,, i&o INTERPRETATION OF DRAHIMGS_ANp SPECIFICATIONS; If any person contemplating submitting a bid for the proposed work is in doubt as to the true meaning of any part of the plans* specifications or other proposed contract documents,, or finds discrepancies in or omissions from the drawings or specifications, he may submit to the Engineer a written request for an interprets* tion or correction thereofo The person submitting the request will be responsible for its prompt delivery0 The City will not be responsible for any other explanation or interpretation of the proposed documents0 170 BIDDERS INTERESTED IN_MC)KE^TllAM ONE .BID; No person9 firm or corporation shall be allowed to make or file or be interested in more than one bid for the savne work, unless alternative bids are called for-, A person., firm or corporation, who has submitted a sub^proposal to a bidders or who las quoted prices on materials to s bidder, is not hereby disqualified from sub<= raitting a sub-proposal or quoting prices to 6ther bidders^ 180 UNDERGROUND TEL0 AND TEL0 CABLES: The contractor will bs required to notify and cooperate with the Pacific Telephone and Telegraph Company*s engineers before starting work and shall at ail times during progress o£ the work protect the underground cables from any possible damage« The contractor shall furnish all temporary supports required to support or protect the underground cable at crossing or where parallel to the ditch0 All permanent supports or other protective construct:ion will be done by others0 ^—Carlsbad Information for Bidders "he undersigned agrees to ecnsplste the work in every detail within sixty (60) consecutive calendar days frotn the date of execution of the contract„ If awarded the contract for the work, the undersigned egress to sign said contract and furnish the necessary bonds within ten (10) days after the a^ard of said contract and to begin work t-?:ithin ten (10) days from the date of execution of the contract» The undersigned, if awarded Che contract, intends to subcontract certain portions of said contract in accordance with the following schedule* NAME OF SUBCONTRACTOR LOCATION OF OFFICES PORTION OF WORK TO BE SUBCONTRACTED Enclosed is bidder"® bond9 certified check or corporation surety bond i L.^-— ^*i^» £or payable to the City oT Carlsbad California* which is not less than ten per cent (107.) of this bid contracts if awarded to the undersigned Carlsbad Proposal Th© undersigned bidder herefoy represents as follows? (a) That no Councilman., officer, ageat, or employe© of the City of is personally interested, diractly or Indirectly s in this Contract, or t sation to to paid hereunderj and that no representation,, oral or in writings, of the City Council ? its officers, agents or employes j, baa iaduced telm to enter into this contract excepting only thosQ contained in this form of Contract and fch® papers mad® a part hereof ^ its terms „ (b) That this bid is made without connection with a^sy psrsoiig firrfiy or oration making a bid for tha sans® work, and is in all respects fair, and without collusion or fraud* 1959\ v .. (A rir& v~Tri7.:.Signature of Bidder Business Addrese Telephone Coatraetor8s Means© Kcs \ _\ tJJ£? _^> Carlsbad Proposal,. BID BOND KNOB AIL MSN BY THKSE PRESENTS., That ue DON HUBBARD . as Principal., and MPEMNITY IURAfflP as sureties , are held and firmly bound onto the City of Carlsbad, County of San Diego, State of California^ in the just $2.500.00}and full sum of TEN PERCENT OF AMOUNT OF BID NOT .TO EXCEED Dollars.•MBHAAM«AMB^WMM6«3lCMiBHMnF«MMM"niP»<MMiMMiM»4b«WBWMWjuiMWlMM I* for the payment of which w© hereby biad o?fs®lvegp OUT hsirs, esecutors adndaistrators, jointly and severally, firmly by these presents* Given under our hands and sealed with our seals this 20th | | ^ of __J£TOBERTO^ _ ^ 19 59,.., . The condition of the foregoing obligation is such, that whereas, the above boundea DON HUBBARD COMTRACTIMQ COMFAMY is about to hand in and submit to the Council of the City of Carlsbad, County of Saa Diegoj, State of California., the foregoing bid or proposal for the perforEanc of the work tbsrsiis mentioned whioh includes the furnishing of all raa.texlals in compliance with the specifications ther®fore0 !5owf if the said bid or proposal of the said DON HUBBARD CONTRACTING COMPANY shall be accepted, and tb°- said work awarded to thereupon by the said Go«aeil9 and if the said sliall fall or neglect to enter into a contract th®r-efore and to e^cutQ aa adequate bond with two or more good and sufficient suretiesf Oarlsbad Bid Bond or one corporate surety^ to the satisfaction and approval of the City Bfeaager of said City of Carlsbad, conditioned upon the faithful porforaance of such contract on m«^JS^£5™^«™ra_™»»Pait^ *-a such cases required by Statue 9 than in that cass the above named obligators will pay to the said City of Carlsbad the full sum of TWO THOUSAND,jgIVg_HgRgP_(Jg>_500*_QO)j)ollarB. TOO Witnesses (if individual)DON HUBBARD CONTRACTING COMPANY Principal Title Corporate Seal INDEMNITY INSURANCE COMPANY OP NORTH AMERICJ ATTESTS Title Corporate Seal Bid Bond STATE OF CALIFORNIA, ... County of. San.. Diego \ss. On this ....in the year one thousand nine hundred <zn^...A:fA...¥ before me ...... . ............... Blanche ... L#On . .. ......... _„„„„.„„.., a Notary Public in and for the .............. ....County oj. .................. ^^...^^htyersoncilly appeared known to me to be the person whose name i S subscribed to the within instrument as the Attorney • in-Jact of the INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, and acknowledged to me that he subscribed the name q/ the Indemnity Insurance Company of North America thereto as principal, and hi Sown name . as Attorney -in-Jact. My Commission Expires Ma Notary Public in and for tie county of i3.3£L..D.l.e.£iQ..State of California 8M 7-6-59 PRINTED IN U. S. A. CGHT1ACT AGREEMENT FOR CXTI OP CAPISBAD THIS AGKHS13ENT,. asado and entered into this '^ta^^L^y of 19 ^£1* lay and between ,/> ... / / / / . / ,?. — r•"*""•'••' ••i<~/<-- / ./..-i f"-'C r,'.', (} * :••:, ', .,.,.? ,;. /., •'? and Afe..-^ aa Cltgr Manager of the City of Carlsbad, State of Califorada« WITWESSETH* That whereas., the said part ,,.fy,,of the first parts as T fully appear by reference to the proceedings of the Council of the said City of Carlefbadj ii[riirinr^/?x^ro> t t ......... m ..POQH awarded the contract for the fcork hereinafter mentioneda NO!!,, THERE /OlE, THESE PSSSH7S WITNESS s That the said part ^^^ of the ftfirst part, for the consideration hereinafter rasntioasdj, prondse ^™. ari<3 agrae Mth the said^^^ ^ .._2^27fl<A ____ Q^^fejgA^r^k^-^..---.--.-.-.^^.-, RS Gitj Manager of the City of Carls'bad9 State of Galifornia9 and not otherwisa., that -)•"<• I do and perforffij or cause to be done and psrforraeds in a good and workafealifce uader the direcstica and to the satisfaction of the said Street Sapsrln^ and furnish the necsssaxy materials reqai.red for tbs execution and corapletlon thereof^ whj.ch materials shall comply with the general specifications and special specifications hsroinafter stated and referred to and be to the satis^ faction of the eaid City Engineer 9 all the v;ork as shown on the plans and d©scrib~ eel in the specificatiosris, The construction ^ a drainage ditch as aa sho»?n on the plans and specifications on file ia the office of the City Clerk of said City, Carlsbad All of the said work hereinbefore generally described shall bs constructed in the manner, at the locations, within the limits, of the materials 5 and of the dimensions as shown upon and in accordance with the plans, profiles^ drs.w=> ings, typical cross°sections and specifications therefor on file in the office of the City Clerk of said City, aad by reference thereto all said plans, profiles,,, drawings, trpieal cros Bisections and specifications are incorporated herein and made a part hereof . And the said ...,,,..2^ ,- ^~)^7a.^ ^'^J-^z^—^ * > __ acting in his official capacity as such Gity Manager, and not individually, hereby fixes Ji/jL-c^^rY^JM-t^ 3) / */ *~y ,. _ .. as the time for the cotsmance«. raent of the work (being within ten days from the data hereof) and hereby fiases „.,._..,-....,..,.,-. -.fl^as the time for the completion of said work* AND IT TS AGREED AND expressly understood by the parties to this agreement, that in no case will the City of Carlsbad or any officer thereof be liable for any portion of the expanse of the work aforesaid, nor shall the said City Maaagerg or his sureties or bondsmen^ be liable or holder* for ths payment o1" any sura ar sums for the above raeniioned work,, nor for any part or portion thereof , nor for any material furnished therefor, The party of the first part farther agrees that in. the performance of the work contemplated by this contract __.:.n ^^A,{ ..-_ , ;rij^ill conform to and abid® by all of th® provisions of the (Jharter of the City of Carlsbad, and Sections 1770 through 1777 of the Labor God© of the State of California! and that not leas than the prevailing rats of wag<?s shall bs paid to all la.borerSj workmen and mechanics employed by the party of ths first part, or by any subcontractor ,, in the performance of the work eozitemplat^d by t.Ms contract j and. that the partj of the Carlsbad Agr-e'smeal first part shall forfeit as a penalty to the City Ten Dollars f'*iO»00) for each laborer, workman or mechanic employed for each calendar day or portion thereof j, such laborer, workman or mechanic is paid loss than the specified rats foi% any work done under the contract by the party of the first part? or by any sub?oa» tractor. Said party of the first part further agrees that neither ..^ j¥^^ ._. _____ nor any subcontractor doing work or performing labor pursuant to the terras of tide contract, who directs or controls the work of any laborer s workman or mechanic upon any of the vork provided in this contract to be done, sahll require or -permit such laborer, workman or mechanic to labor more than eight (8) hoars daring one calendar dayp except in ease of extraordinary emergency caused by fire*, f \ood or damages to life or property? and it is further agreed and covenanted tha-, aaid party of ths first part shall forfeit as a penalty to said City Tea Dollars ($10<»00) for each laborer ? work nan or mechanic employed in the execution of this contest by said party of the first part, or by any subcontractor, upon any of the ?/ork by this contract provided to be dons, for each calendar day during which such laboi\r? workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of Section 1810 t© 1B16 ©f said labor God©5 of the Charter of the City of Carlsbad. Said party of tfee first part further agrees and covenants that not knowingly employ p or eaus© or allow to be employed., upon any of the work provided in this contract to bo done, any alien* contrary to said labor Gods of the State of Californ5.a; and that the party of the first part shall forfeit as a penalty to ths City '.'*®a Dollars (SiOaOO) for s&eh alien knowingly employed upon any of the work provided In this contract to be donsj by the party of the first part or any subeoatrastcrj contrary to tte provisions of said Labor Go<2©t for ©aoia calendar day or portion thereof during which sueh alicsi is psnsitted or required to labor in violation thereof* f he terra raaliamH as j used herein shall man any person who is act a bom or ftell^ naturalist citizen of the United States0 IN WITSESS WIERECSF, the parties to these presents have hereunto sat their hands and have caused thasa presents to be executed., at the said City of Carls« bad, the day and year in this agreement first above written. of the First Part ATTESTS City Manager of the City of Carlsbad,, California « Psr^- of tho Sscond Part I HER1BX AH>RO¥E the fJraft of tSis wi^in and foregoing Contrast tM.9 Of Attcra©y Carlsbad FAITHFUL FKRFOUHKCE mm AJJu BSD BY THSSE PBSSEMS, That ire9 «J)Q&.,df_*J*Ji_ J^ffl .^^^^.uu^-^.-.? ^ PTinCipSlj 852$ N w v«s rywttJU. ut ^ * '.—'*j as siar-ety, ara Jointly and. severally bound t&to the City of Carlsbad, County of San DiegQj State of Califoraia9 a municipal corporation^ in the penal sust ^ _. ^, Dollars (Ic^. 1,5*90. ° ). to be paid to tha said City of Carlsbad, for which paymant well and truly to be mad@ we bind o«ts®l^s3p our bsirs, 9x©cutors8 adndiaistrators, sceeessors, and assigns, Jointly aad Bev©rally9 firmly by these presentse /saled *sith OIAT seals and datad this 3i J 19 ^-4.* aaji esscated and to bo performed ia said City of Carlsbad0 The conditioa of this obliga-tioa is sceeh that if th© above boimdsn prineipaltaira-.> or asslpisj shall well and trulj keep and faithfully perform the eoveaanta^ and agreeHieats? isa a cartaia coatraot about to fee made betweaa said 0,3 coatiaetor,, and ri1^d;.,2Z3^. (^.^^^^-^'L<, »., as City Ifeaager of said City, oa-^Si^L™. P6^"* *o be kept asd performed ill the laaaKor and fora therein specified, and shall ftoaish natorials ia cojsplianse with tba spacifications, asid psrfortsi that certain work ia the said city whieh is raor© particularly deeeribac. as a drainage diteh^ thea the above obligation to bseoms otherwise- to 2'esaia in fell fore© aad ©ffscto Qarlsbad Faithful Perforaanea Bond ATTEST, ATTEST?:Q. f) Surety I JUREBI APPROVE th® form of the within and foregoing Bond this day of (fit; Th© within and foregoing Bond ie to E^ satisfaction, and I hereby appro?© ths earns this _, ,$'"3^ ^_ day of "Tyi-c- I ^ >*1 ^-( i^__, 19 6"V ^«Biaa?^s»m *ii^ .tii ;np»aB ^g3tm"Z!*'M»uitfSi«aMpM*''a*m» w «u»w»*»^»m*i>>.'ittaiui»ii'' i.imin»mBjsgsij»iiirff»i«*M*«*tLJum^iccaasg*/ *^ K*R?Mi<ujiu3^niaHaBS<it9 ^^ Gits> Maaager of the City of Carlsbad, Califojiiie Carlsbad Faithful Perfoi'-raasac® Bond « 2 STATE OF CALIFORNIA, _ ^...County o/......~i-ii.JL ..:. ....— On this .oV U day of. .WXLJ8T<l?.!**Aii»v in the year one thousand nine hundred and ......,...;.... „.._,....„_ , before me „ :.^../;;.;...'.~-':.".-.-uv-."'»--~ > a Notary Public in and for the County of. ...:-.,. ;.....„.'.......:,! personally appeared known to me to be the person whose name subscribed to the within instrument as the Attorney -in-fact of the INDEMNITY INS URANGE COMPANY OF NORTH AMERICA, and acknowledged to me that he subscribed the name of the Indemnity Insurance Company of North America thereto as principal, and 1'- own name , as Attorney -in-fact. My Commission Expires May 9,1960 NoUry Public In and for the —county of.. State of California 303 5M 1-14-57 HMSRIAL AH) LABOR BOND KHCI ALL MEK ET THESE FRESERXSt TH&T RHSREAS, on the ^2JL da^ of ..• _V? ^for**- 19 J» under and pursuant to law, the Council of the City of Carlsbad awarded a contract to * as Contractor, for the doing of that certain work end improvement in the City of Carlsbad, County of San Diego*, Stats of California, which is more particularly described as a drainage ditch; and j, said Contractor is about to enter into a contract f&th . ......... .,|^/ f as City Manager of said City for the performance of said work s&d intproveia&nt pursuant to said ass-ardg and WHEHEASp the law requires ©Tmry contractor, parson^ eompaisgr or corporation^ eluding contracting ownarsj to whoa is awarded aqy contract for work pursuant to which said work is to be doaes at the time of signing and ©sweating the said contracts, to file ^itfe the City Manager a good and sufficient bond,, to th© sat° isfaetion asd approval of said City Manager in a sura not less than ons^half of the total aasoaftt payabxo by the tarns of said contract, and which shall inure to the benefit of aay sad all persons^ companies or corporations entitled to fil® claims^ so as to gife a rj^ht of action to tfesra or their assigns in aogr euit brought upon this band? HOR9 THESE PHESEffiS HI531ESSETH» That the said kk^J^^Mll^,M^_«w^mn,» a^ Contractos's and Principal, and jU^j|(^^^i"fa J^u^/jy^lXk,-,.u^^L^^ as surety5, ere hald and firmly bound oato any and all psrsoass cos<,pa2il©s5 corporations 02* niaterialiaaaj who foraigh mat0r» lalss provisions^ provetder or other auppli©B used 1% apoaf for or about tha parforcaaee of said iyorl;; sad improvcmKat aforsafiKtionedji oi5 who r©at or hire Carlsbad Material aad Tabor Bond <= 1 teams or implements, or machinery for, or contributing to, said work or im- provement, and any person who performs work or labor upon the same, and any person who supplies both work and materials for the sane, or the assignees of any such persons, companies, or corporations, in the sum of ^£41 /lUKte. ftfty DOLLARS ) being not less than one°half of the total amount payment, well and truly to be made, we bind ourselves, our heirs, executors, adminis- trators, successors and assigns, jointly and severally, firmly by these presents* Sealed with our seals aad dated this 3>3 day of (OOfob^ 19 and executed and to be performed in said City of CarlsbacU The conditions of the above obligations are such that if the said .«__««_._. a) few HuUwAxW rJtv\tSVLcJixla r is VIA.in ^ as contractor, to whom said contract has been awarded as aforesaid, or any subcontractor of said contractor, shall fail to pay for any materials? provisions, provender or other supplies or for the use of implements or machinery, or contributing to, or hire of teams used in, upon, for or about the performance of said work and improvement^ or for any work or labor thereon of any kind, the said surety will pay for the same in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon this bond, a reasonable attorneys fee to be fixed by the Courts, Carlsbad Material and Labor Bond «=> 2 C ATTEWi Principal ATTEST* Surety I HEREBI APPROVIJ the form of the within and foregoing Bond this day of The within and foregoing Bond is hereby approved for the sum of / J^ // ^ - ->, z. . / / ). this day of . 19 .*'? —._. ^ City Manager of the City of Carlsbad, California Carlsbad Material and Labor Bond °> 3 STATE OF CALIFORNIA, ._ ....................................... .....County o/^ \ ....................... )**' On this ..... j... ......... day of. -------- .r....zV?.***s4S». ................... in the year one thousand nine hundred and ..... .i,. J before me ............. ...................... JBLAlI.GHE....LY.Oit ...................................... , a Notary Public in and for the County o/...H£>.il...t:.-'-^'- . . personally appeared 0.*....SANlEL..nRAKE _ known to m,e to be the person whose name IS subscribed to the within instrument as the Attorney -in-fact of the INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, and acknowledged to me that he subscribed the name of the Indemnity Insurance Company of North America thereto as principal, and HIS own name , as Attorney -in-fact. « T^ My Commission Expires May 9,1960 Notary Public In and for the.._...._ -....county of. State of California 308 5M 1-14-57 1£* CITY OF CARISBAD C - GENERAL CCHDITIOHS SECTION I • CEFDIITIONS ^AND TSKU& The following words and phrases, when used in this specification, shall have the meaning respectively described to them in this section* A* pradingt The shaping of the ground surface by excavating or filling so that it will conform to an approved section and official ele«ation0 Bo ponsfouetipn Planet The plans shoving work to be done9 Co Consfrrqctfon Spe,cif j^atip^as The specifications pertaining to the method and manner of performing the work and to the quality and quantity of materials to be furnished under the contract* Do general Conditions* A specification consisting of this entire section Eo gon tractor* The person as defined in the Code to whom a contract for the performance of the work is awarded,* Fo Work" ImprovemQnfo "Work* or "Improvement" mean and include any work which is authorized to be done or any improvement which is authorized to be made under the contract as well as the constructions reconstruction and repair of all or part of any such work or Improvement , *%. SECTION II - WORK TO BE PCfiS Ae Gpnforrosffioe with JPlanss The work to be done shall be in accordance with the General Conditions, the construction plans and the construction specifiea~ tlons* Anything mentioned in any of the above instruments shall govern the work as though mentioned in each. All work shaH9 during the construction and at its completion,, conform to the lines, elevations and grades shown on said plans and drawings 0 B0 CQB^flffatipng The Contractor shall accept the compensation as provided by the contract lump sum price as full payment for furnishing all supervision, labor p materials and equipment to perform all work in accordance with the gen=> ©ral conditions;, the construction plans* and the construction specifications^ for providing for any raquirements of this general condition, including safety measures, public convenience, public safety, fire protection, sanitation^ and for paying for any City service or reimbursement to the City required by this general condition and for all expense, loss, damage or risks of any desarip- tion connected tdth the prosecution of the worke C „ fob Site Copies; A copy of the construction plane and construction speei° fications shall be kept on the job at all times during its construction, and access thereto shall at all tinsse be accorded the Engineer or his represents^ tives and the Building Inspectors /*••SECTION TTT - ffiDEfi Off In ease of any conflict between any of the instruments listed below, the order of precedence in controlling the work shall be as follows* A., General Conditions B. Construction Plans G, Construction Specifications SECTION IV •» EXAIgyAiyiag OF PIAHS AHD SITE OF WORK Ao Contractor to Examine* The Contractor submitting a proposal is required to examine carefully the construction plans, construction specifications, and site of the work. Be shall satisfy himself as to the character, quality and quantities of work to be performed, materials to be furnished and as to the requirements of the plans and specifieationSo In the event of any discrepancy between the plans and -the figures written thereon, the figures shall be taken as eorrecto B» IfeJetinc; Conditioner The plans for work will show conditions as they are believed to exist, but it is not to be inferred that all of the condi«= tions as shown thereon are actually existent nor shall the City or any of its officers be liable for any loss sustained by the Contractor as a result of any variance between conditions as shown on the plans and the actual conditions encountered during the progress of the work or otherwise,, Co Soil Conditions* Any information shown on the plans as to the soil or ma» terial borings or tests of existing materials, is for the purpose of design,, The information is not guaranteed, and no claims for extra work or damages will be considered if it is found during construction,, that the actual soil or material conditions wry from those indicated* SECTION ¥ => J3ETTBTG STAKES Ao Contractor Shall G.'lve JJtefe&QJt* ^ke Contractor shall give 4B hours notice when he will require the service of the Engineer for laying out any portion of the worke The Contractor shall assist the Engineer when required, in excavat*- iag for setting of lino and grade stakes and shall preserve all stakes set for line, grade or raeasurejasEsts of the work in their proper places until authorised to remove by the In the event that the contractor falls to protect line and grade stakes and the City is required to reset stakes, the contractor shall pay to the City the cost of resetting such stakose Be Cont^agtor to Inspect Stakes* The Contractor is required to examine care* fully all construction stakes and by visual inspection of stakes and string lines, forms end headers set therefrom, interpret and confirm that the line and grade information is in accordance with the planso If there is apparent error or lack of understanding as to what is meant by the staking, the Contractor is required to request an interpretation of staking before doing any work« SBCTZOH VI A, pptlee,* The Contractor shall notify the Engineer 46 hoars In advance of any work to be done ID order that inspection may be provided and shall prose- cute the work only in the presence of an inspector unless permission to work during the absence of an inspector has been granted by the Engineer,, Any work done in absence of said inspector or said permission shall be subject to re» jection* Be inspections All materials and work done shall be subject to rigid inspec- tion. Work or material which does not conform to the specifications although accept* ed through oversight or otherwise, may be rejected at any timSo C« Defective Workt If, in the opinion of the Engineer, work is not being done in accordance with the plans and specifications, written notice shall be given to the Contractor or bl,' . authorized agent* Written notice to any foreman or agent in charge of any portion of the work in the absence of the Contractor, shall be considered as notice to the Contractor 0 Work which is defective in its construction or deficient in any of the require- ments of these specifications will not be considered as accepted in consequence of the failure of any employee of the City or inspector connected with the work, to point out said defects or deficiency during construction^, The Contractor shall correct any imperfect work whenever discovered* SECTIOH VII » CONTRACTORS OF When required by the Engineer and before beginning work on the site, the Con- tractor shall submit to the Engineer his proposed schedule of work® This schedule shall show the probable dates of coramsneeinent and completion of the various sections and features of the werkf the starting point or points end the direction in which the work will progress* Construction shall conform to this schedule or such modification as may be ap- proved by the Engineer* Hh@r© the Contractor IE to furnish major items of equipment or materials* the schedule shall include the proposed dates of manufacture and shipment of these items and the names ani locations of factories or other sources from which said items are to be<fotained« SECTIQH A* gaapijLeff an$ Jteawinggs All materials shall be of specified quality* The Contractor shall furnish to the Engineer for tests whenever requested and free of charge samples of all materials proposed to b® used in the worko He shall also submit any required detailed drawings of articles or equipment for City approval before purchasing Basm0 Rejected iat®rials imst be immediately removed from the work by the Gem tractor mid shall not b© brought again upon the c****•• w Bo flaf^njprf. The City nay test materials to be used in construction or soils to determine compaction in accordance with the specifications! The City my approve certain engineers and/or testing laboratories to act as its agent in the taking of sauples and/or testing of materials A record showing the time and exact location and elevation at which samples are taken shall be made and when such record is made by a private engineer or testing laboratory, it shall be certified as to adequacy and correctness and filed with the Ce fafonts^ The Contractor shall hold and save tha City of Carlsbad harmless from liability of any nature of kind or any claim therefor., including costs and expenses for or on account of any patented invention, article or appliance for use in the performance of this work« SECTXC& IX «• SUPERVISION The Contractor shall at all times while tork is in progress be represented «m the work in person by a foremen or by a duly designated agent* The Contractor shall retain in his employ none bat competent superintendents, foremen, ne~ chanies and laborers,, Mechanics shall be tftoreugihSy familiar with the type of work they are performi<3g« All work shall be carefully., neatly and expertly done in accordance with the best practices of the trade* The schedules, '3Bti»daj and appliances adopted by the Contractor shall be such as will result in a high quality of Any superintendent, for-ecjaa, laborer or other parson employed on the work by the Contractor who fails or refuses to perform the work in tha manner speci- fied herein shall be discharged immediately and such person shall not again be employed on the worlce SECTIOH I ~ CUSTODY OF TORK AKD 1,058 Contractor shall have full care and custody of the work until completion find acceptance,, The Contract©? shall bfe responsible for all damage to existing improvements while the work is ia his eharg©0 All damage dene to existing improvements shall be repaired by the Contractor at his own expense B0 ^l^gg.^^.JiOiil, 5'h® Contractor shall be hold responsible for and be quired to mate good at hie own expense ? all damage to persons or property caused by himself or his subcontractors, agents or the employees of either of th©ia during the' programs of the work and until its final acceptance,, All loss or damage arising from aoy unforeseen difficulties which nay be en° countered in the prosecution of the work or from aqy action of the elements prior to the acceptance of the ^ork or from any act or omission not authorised by thase specifications on the part of the Contractor or any agent or person employed by M% shall be sustained by the ContractOTo The Engineer may order the Contractor to suspsad aay work that may be subject to damage by cliaatic conditions or natural SECTION XI - SAFTY MEASPflESs A, Safety fiegul^t^o^ffi Precaution shall be exercised at all times for the protection of persons and property* The safety provisions of applicable laws and building and construction codes shall be observed,, Attention is called to the '"CoBstnustloa Safety Orders*, and "General Safbty Orders'9 of the California State lodustrial Accident Coramission9 to which the Contractor 10 required by lav to conform,, He shall provide himself with copies of these rules and orders, which may be obtained at the State Offices, Los Angeles, California,, All barricades shall conform to the regulations in effect and adopted by the Build- ing Code* B. Emergency rcffT^f9 When an emergency hazard affecting public safety exists and it is not possible to contact the contractor or it is not possible fa? the con-? tractor to take immediate corrective action, the City may take action to correct the hazard or to furnish warning and protective neasurea,, The contractor shall pay the City for correcting emergency hazards or for furnishing warning aad protective The taking of corrective action or the furnishing of warning or protective treasures by the City shall not relieve the contractor from the responsibility for public safety or damage to persons or property, SECTION XII - Upon completion of the job$ the contractor shall remove all debris and waste material caused by construction operations and leave the job site in a clean and neat condition^ SUCTION XIII » COMgLIAHjE BITK IAHS The contractor shall conduct the work in compliance with all laws and regulations of the United States Government, the State of Calif orniaf the County of San Diego and the City, limiting or controlling the work in any manfesr. The contractor shall at Ms own expense obtain all necessary permits and licenses and pay all fees required SECTION XIV °MtafcaHPtf*' •*» Ibsr© tha uork under thsec specifications can be supplied with water, from the GityBs water saiass ths Contr&Jtor will bs required to araang® for service through the City°s later Department ^ and will ba required to pay for any and all water consumed by the contractor duria* tbs coarse of construction^ SECTION X¥ • FIRS AND SANIfMff.PRpVISI.0^1££K*!~>". ~imMat**m ummi •• *H; •a*sa*>mfs*.iCitimmi>i u»«Mi«wmMiiWtaM>i«B«MwnQ«(ffii Ae ^,|.rairii i^Fo,j!j@ci t|.op i Whenever a fir© hasard exists,, th© contractor shall have available at the job sit@ fire fighting equipment iseeting the standards established fey the Fir© Marshal^ B* Sfljffifttfftfaiifti The contractor shall maintain sanitary facilities and conditions on the job site meeting the standards established by the Director of Public Health. Requirements for temporary sanitary facilities are available at the Department of Public Health or the City Building Department,, SECTION XVI * COMPIETION OF WORK The notice of completion of work will be issued by the City Manager, This notice of completion IB not a waiver of the guarantee as set forth in these conditions, SECTION XVH -» CONTRACTORS INSURANCE: The contractor shall not commence work under this contract until he had obtained all insurance required under this paragraph, and such insurance has been approved, nor shall the contractor allow any subcontractor to commence work on bis subcontract until all similar insurance required of the subcontractor has been obtained and approved,, Ao TjJfOjtKMffi'S CQMPEaiBATIO^ pSORfflffis The contractor shall take out and maintain during thel life of this contract workmen8 8 compensation insurance for all of his employees engaged on or at the sito of the project, and in case any of his work ia sublet, the contractor shall require the subcontractor similarly to provide workmen6s compensation insurance for all the latter8s employees, unless such employees are covered by the protection afforded by the workmen9 s compensation insurance carried by the contractor,, In ease any class of employees engages in hazardous work under this contract, on or at the site of the pro jest, is not protected under the Workmen9 s Compensation Statue, and in case any other class of employees is not protected under the Workmen*s Com=> peosation Statufc® for any other reason, the contractor shall provide and shall cause @ach subcontractor to provide adequate insurance coverage as shall be satisfactory to the City for the protection of such employees not otherwise protected,, B« PUBLIC LTABIMTf AMD PROPERTY DAMAGE IflSTTRANCS: The contractor shall take out and ms.i.n*adn during the life of this contract such public liability and property damage insurance as shall protect him and the City f»om all claims for personal injury s including accidental death, as well as from all claims for property damage arising from operations under this contracts Th© amounts of such insurance shall be hereinafter e©t forth» The contractor shall requir© the subcontractors, if any^ to take out and maintain similar public liability and property dasag® insurances, The amounts of such iasupanc© shall be as hereinafter set forth* la caao any of th® work under this contract is to bo performed on or at the sit© of th® project by a subcontractor, tha contractor shall also take out and maintain such contractors contingent oy protective insurance as will protect him and the Git^- from damage claims arising from the operations of acy subcontractors The amount of such iaeor° anc© shall be as hereinafter set forth. If SIJJT subcontractor shall subcontract any portion of his subeoatraat, th© contractor shall require him to take out and raaifi«» taia such contingent or protective insurance as will protect such subcontractor from damage claims arising from operations of th© second subcontractor* Such contingent or protective insurance shall b® in the eas® amount as th© primary subcontractor9s public liability and prop®rty damage As provided above, the contractor shall take out and maintain public liability insurance for injuries, including accidental death to any one persong in an amount not less than One Hundred Thousand Dollars (0100,0004,00 ) and subject to the same limit for each person} on account of any one accident in an amount not less than Three Hundred Thousand Dollars ( ,0009000000) ; and property danf age insurance in an amount not leas than Fifty Thousand Dollars ($509G00000)$ contractor's contingent orprcfesctive insurance for public liability and prop- erty damage in amounts not less than the respective amounts as noted above0As provided above, the contractor shall require all subcontractors whether primary or secondary, if any, to take out and maintain public liability and property damage insurance in amounts hereinbefore set forth for the contractor,, C« I nsurMce Covering Special Jfaffardss The following special hazards shall be covered by rider or riders to the above mentioned public liability insur- ance or protective damage insurance policy or policies or by special policies of insurance in amounts as follows* automotive and truck, where operate, in amounts as above} material hoists, where used, in amounts as above „ Do Proof of Carriage of Insurance and Notice Cancejllatiqng The contractor shall furnish the City satisfactory proof of full compliance with all of the insurance requirements herein prior to execution of the contract^ The Con- tractor shall also furnish the City a certificate from the carrier that said policies shall not lie cancelled without ten (10) days advance notice in writ*> ing to the City0 CITS (F CARJSB&D DRAINAGE DITCH AldSG SASTA FE RAIffiAY. COKSTRIiCEEOH SECTION I c? jpftgc;piffiflL9q pfJgorJc The work to be done under these specifications consists of excavating a drainage ditch along the Santa Fe Railway right°of<=>wasr from Oak Avenue south to the Agra Hedionda Lagoon, construe ting a reinforced concrete culvert under Tanaraek Avenue, guniting the ditch bottom and banks at certain points and constructing a chain link feac© along a portion of the ditch south of Tamarack Avenue^ all in accordance with these spsei^ fications and as shown on the plans* SECTION II e Excavation aad Gyadj|n^« All excavation shall be done according to the lines and grades set by the City Engineer and all ditch bank slopss shall bs trlramed so ae to preaont a neat slopeo These slopes nsays where eaceavation has exceeded ths staked lines,, be trimmed to a flatter slope, but ia no case will extra excava-= tion beyond the slopes shorn on the plans be paid for,, All spoil shall be disposed of as shown on the plansf and where spoil is disposed of between the ditch and the railroad track, it shall be graded with a slop© from the track roadbed subgrade toward the berm of the ditch banko SECTIOH HI - Rgigg>rcgdjgone^^g» ski All structures of reinforced concrete shall be in accordance with the b^ Poraso All forms in contact with the concrete shall be shiplap or plywood aad shall fce supportedj braced aud tied to support the dead weight of th® fresh coaorete aad approved by the City Engineer before plaeisg concrete la '•••>::, All ceaerete g&all be traasiVratesd concrete containing 6 sacks of Portlsad Comsat per cubic yardj, and shall be deposited continuously from the truck within a period of 30 adsutes0 All concrete shall be well spaded or - ' ."" curing pleeingo do All reinforced steel bars shall be a mild stool, free of rust and mill seal© and ahall b© roisid bars of the sisss shotm on the planse All steal bars shall bs placed accurately and securely tied to prevent WOVQ-* meat during the placing of concrete0 All reinforeljag steel bars saast be completely eowrsd with not less thsa one and ona~half inches of coneretee _Ghain link Fence* fence shall be as shewn on theHeight^ dimensian The fabric shall be heavily galvanized with sine eoattng-.ljy^the hot dip process after weaving* All posts shall be l^* I0 D«> ia 30 iaetes of coasr8t®0 SECTION V * PHEUMmCALU APPLIED HQftTAR* a) General.. This section refers to a prendxad sand and cement, pneumatically applied by suitable mechanism and competent operators, and to which mixture the water is added immediately previous to its emulsion from the aozzle0The pneumatically applied mortar shall be of thickness as shown by the Plans or called for in the Special Pro-visions. The resulting surface shall be uni« form and free from humps or depressions. t& Materials* Cement shall conform to the requirements of standard Portland Cement and the A S T M Specifications. Sand shall be clean, sharp and reasonably free from clay, silt, and loam* It shall be well graded and suitable for the purpose Intended with no particles larger than 3/8 inch in diameter* The sand shall contain not lees than 3£ nor more than 556 moisture by weight* e) Proportions. The proportion of cement to sand shall be based on dry and loose volume and shall not be less than one part Portland cement four and one<»half parts sand0 The water content shall be maintained at a practical ndniraum and not in excess of three gallons per sack of cement as plaeedo d) l&EJng. Before being charged into the machine the cement and sand shall be thoroughly mixed dry in an approved power batch mixer equipped with a de» vice for accurately measuring the quantity of sand and timing the mixing op- erations, The mixture shall be ndaoed for at least one and one-half minutes, during which tine the mixer shall rotate at a peripheral speed of 200 feet per minute 6 The dry mixed materials shall be used promptly after their prep*- aration and any material which has been mixed for more than 45 minutes shall be wasted* Rebound shall not be used on any portion of the work0 gge.pe.falflnpn of, Surface^ When gunite is to be placed oa an earth slope for ©mbankmsnt protection the ©arch surface shall be cleaned of grass, roots,, and other deleterious matter0 The surface shall be made smooth and shall be well watered and corapactsdo Header boards shall be placed as indicated on the Plans0 All surfaces shall be damp, but not wet to the extent that free water nay existp at th* time of application^ f) SaSl-JE" Tk® velocity of the material as it leaves the nozzle shall be such that fidaiirasja rsbound occur sc Velocities of the material caist be kept constant,, The nozzle shall be held in eueh position and at such distance that the stream of flowing material will impinge at approximately right angles to the surfaca being covered and so that excessive Irapact will be avoided. Pneumatic pressure at the machine shall not be less than 30 pounds per equate inch when the length of hose does not exceed 100 feet. Pressure shall be ia<= creased 5 pounds per square inch for each additional 50 feet of hose or frac» tion thereof o $ater used for hydration at the nozzle shall ba supplied at pressure of not less than 15 pounds per square inch greater than the air pres« sure0 The mortar must have uniform consistency at ell c After tlMi aortar hae been applied to tho surface as nearly as practicable to finished grade the surface of the aortar shall be checked by screed, low spots will be raited by additional application of mortar 0 The final surface of the mortar ehall be finished with a wood floato g) SfirJ&g shall be accomplished by spraying with an approved curing compound r n) ByJjPifffr^aBnt* Reinforcement of the type shown by the plans or called for by the Special Provisions shall be placed in the mortar as it is appliedo inforcement shall be not lass than 1/4" f^oio una^osed faces and 3/4" Expansion joints as described in and shown on the Plans