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HomeMy WebLinkAboutKTM Road Boring; 1970-05-28; 1001CITY OF CARLSBAD SAN DIEGO COUNTY CALIFORNIA CONTRACT DOCUMENTS AND CONSTRUCTION SPECIFICATIONS FOR WATER LINE IMPROVEMENTS on PINE AVE - UNDER INTERSTATE 5 CANNON RD - UNDER A.T.S S.F. R/R ROW CONTRACT NO. 1001 MARCH 23, 1970 ^Ifs • • • INDEX ' •: • NOTICE INVITING SEALED PROPOSALS- • • :•*>'.. ;-''.;"• INFORMATION FOR BIDDERS "''.".- ' PROPOSAL ' ^ ;• :^>;.:'V BID BOND : ; . AGREEMENT AND CONTRACT "..- -.-"; BOND FOR FAITHFUL PERFORMANCE * •"-.", . BOND FOR LABOR AND MATERIALS GENERAL CONDITIONS . ^ / '; -.CONSTRUCTION SPECIFICATIONS RIGINAL '»'.'- • !•• 'v i; CITY OF CARLSBAD NOTICE INVITING SEALED PROPOSAL FOR THE CONSTRUCTION OF WATER LINE IMPROVEMENTS ON PINE AVENUE - UNDER INTERSTATE 5 CANNON ROAD - UNDER A.T.& S.F.R/R ROW CONTRACT NO. 100.1 Pursuant to a motion by the City Council of the City of Carlsbad, California, ordering the work described as follows, to wit: The construction of water line improvements, including appur- tenances and appurtenant work in connection therewith on Pine Avenue, under Interstate 5, and Cannon Road, under A.T.S S.F. R/R ROW. For further particulars, reference is hereby made to the Con- struction Plans on file in the Office of the City•Engineer of said City of Carlsbad, and to the Specifications for the said work heretofore adopted by said City Council, and on file in the Office of the City Engineerfsaid City, and all of said construction plans and specifications heretofore approved by the City Council of said City are incorporated herein and made a part hereof, and reference is hereby made thereto for a more particular description of said work. Said City Council, pursuant to the Labor Code of the State of California, has ascertained and determined that the general prevailing rates of wages in the locality in which the said work herein described is to be performed, for each craft and type of workman or mechanic needed to execute the Contract, and also the general prevailing rates for legal holidays and overtime work for each craft or type of workman or mechanic to be as follows: Carlsbad Notice - 1 CLASSIFICATIONS: RATE PER HOUR CARPENTERS: Carpenter. $ 5.91 CEMENT MASONS: Cement Mason 5.75 IRON WORKERS: Reinforcing Iron Worker. 5.83 LABORERS: Laborers, General or Construction. 4.43 Operators s tenders of pneumatic & electric tools, concrete pump, vibrating machines s similar mechanical tools. 4.62 Concrete Saw Man (excluding tractor-type), Roto- scrapper, chipping hammer, concrete core cutter S form blower. 4.64 Asphalt Raker, Ironer, Spreader. 4.64 Cement Dumper (on 1 yd. or larger mixers S handling bulk cement). 4.64 Cribber and Shorer 4.79 Concrete Curer - Impervious Membrane. 4.62 Cutting Torch Operator (Demolition). 4.48 Fine Grader (Highways, streets, sewer S drainage lines).4.54 Flagman. 4.43 Guinea Chaser. - 4.51 Tree Climber using mechanical tools. 4.64 Layer of all non-metallic pipe. 4.74 Maker & Caulker of non-metallic pipe. 4.62 Mortarman and Potman. 4.62 Watchman. ' 4.23 OPERATING ENGINEERS, GROUP I: Air Compressor, Pump or Generator Operator. 5.18 Engineer - Oiler and Signalman. 5.18 Repairman's Helper (Heavy Duty). 5.18 OPERATING ENGINEERS, GROUP IT: Concrete Mixer Operator (Skip type). 5.42 Skip Loader Operator-Wheeltype-3/4 yard or less. 5.42 OPERATING ENGINEERS, GROUP III: Hydra-Hammer or similar type equipment operator. 5.66 Power Concrete Saw Operator. 5.66 OPERATING ENGINEERS, GROUP IV: Equipment Greaser. 5.77 Screed Operator. 5.77 Trenching Machine Operator (up to 6' depth capacity, manufacturer's rating). 5.77 Boring Machine Operator. 5.77 Carlsbad Notice - 2 CLASSIPICATIONS (Continued): , RATE PER HOUR GROUP V: A-Frame or Winch Truck Operator. $5.96 Asphalt .or Concrete Spreading, mechnical tamping or finishing machine operator (all types and sizes). 5.96 Pavement Breaker Operator. 5.96 Road-Oil Mixing Machine Operator. 5.96 Oskosh or DW-10 or Tourneaupull Operators, or similar type equipment with any type attachments. 5.96 Skip Loader Operator - Wheel type - 3/4 Yard to and including 1-1/2 yards. 5.96 Tractor Operator (Dragtype shovel, bulldozer, tamper, scraper and similar type equipment). 5.96 Roller Operator (Compacting). 5.96 GROUP VI: Concrete Mobile Mixer Operator - Paving 6.06 Grade-All Operator. 6.06 Heavy Duty Repairman 6.06 Motor Patrol Operator (any type or size). 6.06 Skip Loader Operator - Wheeltype - over 1-1/2 yards. 6.06 Tractor Operator with Boom attachments. 6.06 Trenching Machine Operator (over 6' depth capacity, manufacturer's rating). 6.06 Universal Equipment Operator (Shovel, backhoe, drag- line, mucking machine,'clamshell, derrick barge and pile driver). 6.06 TRUCK DRIVERS: Dump Truck Driver - Less than 8 cu.yds.level capacity 5.09 Dump Truck Driver - 8 cu.yds, but less than 12 cu.yds. 5.14 Dump Truck Driver -12 cu.yds., but less than 16 cu.yds. 5.22 Dump Truck Driver -16 cu.yds. or more. 5.44 Transit-Mix Truck Driver - under 8 yards. 5.44 Transit-Mix Truck Driver - 8 yards and over. 5.58 Water Truck Driver - under 2500 gallons. 5.12 Water Truck Driver - 2500 to 4000 gallons. 5.24 Road-Oil Spreader Truck Driver 5.24 Bootman. 5.24 Truck Greaser. . 5.52 Tireman . 5.62 Any classification omitted herein, not less than 3.33 Carlsbad Notice - 3 ""SB The above listed rates are based upon a working day of eight (8) hours, being proportionately applicable to eight (8) hours •'**""' or less of employment in any one (1) calendar day other than Saturdays, Sundays and the following seven (7) legal holidays, to wit: New Year's Day, Memorial Day, Fourth of July, Labor , Day, Veterans' Day, Thanksgiving Day and Christmas Day, where any work is required in case of extraordinary emergency caused by fire, flood or damage to life or property. For any working time of more than eight (8) hours in any one (1) calendar day and for time worked on Saturdays, Sundays and any of the afore- mentioned holidays, not less than one and one half (1^) times the specified rates shall be paid; provided, however, that ^ notwithstanding the general provisions hereinabove set forth, the straight rates as specified for f-lagmen, guards or watch- men shall be applicable to a maximum of eight (8) hours of employment per calendar day, including Saturdays, Sundays and holidays, for a total of not over forty (40) hours per week, but not less than one and one half (1h) times such specified rates shall be paid to said flagmen, guards and watchmen for any time worked in excess of eight (8) hours per day or forty (40) hours per week. It'shall be mandatory upon the contractor to whom the contract 0^ is awarded, and upon any subcontractor under him, to pay not W less than the prevailing and specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract as per the Labor Code of the State of California for the specific locality. NOTICE IS HEREBY GIVEN inviting sealed proposals or bids for doing all the work hereinabove described and ordered in said motion ordering work to be presented to the City Clerk at his office in the City Hall of said City up to the hour of 10:00 o'clock A.M. on APRIL 9, , 1970, All bids presented shall be accompanied by a security in an amount equal to at least ten per cent (10%) of the bid sub- mitted. Said security may be furnished on any one of the following forms: A. Certified Check made payable to the City of Carlsbad. - B. Bidder's Bond made payable to the City of Carlsbad, exe- cuted by the Bidder and the two sureties who shall justi- fy, before any officer competent to administer oath, in double the said amount and over and above all statutory exemptions.j&t^ ' C. Corporation Surety Bond to the satisfaction and approval of the Superintendent of Streets. Carlsbad Notice - 4 The Contractor to whom an award may be made will be required to furnish with the contract, two surety bonds, one Faithful Performance Bond in an amount equal to not less than one hundred percent (100%) of the aggregate amount of the bid, and one Material and Labor Bond in an amount not less, than fifty per cent (50yc) of the aggregate amount of said bid. The City Council of said City reserves the right to reject any or all bids and to waive any informality on a bid not affected by law. Dated this <*: _ _ day of / sttzf/ _ , 1970. MARGARET E. ADAMS,City Clerk CityMf Carlsbad Carlsbad Notice - 5 C CITY OF CARLSBAD WATER LINE IMPROVEMENTS ON PINE AVENUE - T1NDER INTERSTATE 5 CANNON ROAD - UNDER A.T. S S.F. R/R ROW CONTRACT NO. 1001 INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids: Sealed bids for the construction of Water Line improvements on Pine Avenue - under Interstate 5, and Cannon Road - under A.T. & S.F. R/R Row, Contract No. 1001, will be received by the City Clerk of the City of Carlsbad, California, at the City Hall, 1200 Elm Avenue, Carlsbad, California, 92008, until the hour of 10:00 A.M. on April 9, 1970, at which time they will be opened and read in public. Bids received after that time will not be considered. 2. Drawings and Specifications: Drawings and specifications may be examined at the Office of the City Engineer, City Hall, Carlsbad, California. Drawings and specifications may be obtained from the Office of the City Engineer. 3. Site Examination: Each bidder should examine the Plans and Specifications and the site of the work and fully acquaint himself with all conditions and matters which can in any way affect the work or cost thereof. 4. Preparation of Bids: Bids must be submitted on the prescribed form. Bid prices must be filled in, in ink, in both words and figures. In case of dis- crepancy between unit prices and amounts, unit prices will govern. Erasures or other changes must be noted over the signature of the Bidder. 5. Bid Guarantee: All bids presented shall be accompanied by a security in an amount equal to at least ten per cent (10%) of the bid submitted. Said security may be furnished on any one of the following forms: Carlsbad Infofor Bidders - 1 A. Certified Check made payable to the City of Carlsbad. B. Bidder's Bond made payable to the City of Carlsbad, execu- ted by the Bidder and the two sureties, who shall justify, before any officer competent to administer oath, in double the said amount, and over and above all statutory exemptions. C. Corporation Surety Bond to the satisfaction and approval of the Superintendent of Streets. The bond shall have as surety thereon, a company satisfactory to the City Council. Said check or bond shall be given as a guaran- tee that the bidder will enter into a contract if awarded the work, and in case of refusal or failure -to enter into said con- tract, the check or bond shall be forfeited to the City. Within ten (10) days after awarding the contract, the City Council will return the proposal guarantee accompanying each of the proposals which are rejected. 6. Contract Bonds; The successful bidder will be required at the time 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 (100%) of the contract price. Said bonds shall be secured ,,*»»*- ' from a surety company satisfactory to the City Council. W 7. Submission of Bids; Bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, his address and the name of the project and the date of opening. 8. Withdrawal of Bids; Bids must be withdrawn in writing prior to the date of opening of bids, After such date, a bidder may not withdraw his bid until the expiration of thirty (30) days, after which time a bid may be withdrawn, only in writing and in advance of actual award of con- tract. 9. Award of Contract; Award of contract will be made to the lowest responsible bidder complying with the requirements of the contract documents, provi- ding the bid is reasonable and it is to the interest of the City of Carlsbad to accept it. The City Council, however, reserves the right to reject all bids and to waive any informality in bids received. /""** 10. Time of Completion; The Contractor will begin work within Nte" -ten ' (10) days after the execution of the Contract Agreement and shall diligently prosecute the same to completion within •seventy (70), ';• CONSECUTIVE CALENDAR DAYS from the execution of the Contract. Carlsbad Info for Bidders - 2 11. REJECTION OF PROPOSALS; _ . . Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, in- complete bids, or irregularities of any kind. The right is reserved to reject any or all proposals.. 12. .REGISTRATION OF CONTRACTORS: . Before submitting bids, contractors shall be licensed in accord- ance_with the provisions of Chapter 8, Article 3, of the Business and Professions Code. 13. ENGINEER'S ESTIMATE: - The preliminary estimate of quantities of work to be done and materials to be furnished is approximately as shown upon the plans and is given as a basis of comparison of bids only and the City does not expressly or by implication agree that the actual amount of work will correspond therewith. % " 14. WAGE SCALE: The contractor will be required to pay his employees working upon the project, wages at least equal to the wage scale set forth in the "Notice Inviting Sealed Proposals". No workman will be permitted to work more than eight (8) hours per day except as provided in Sections 1810 and 1816, inclusive, of the Labor Code of California. 15. STATE AND LOCAL LABOR AND MATERIAL REQUIREMENTS': Attention is called to the State and Local Labor and Material requirements, which form a part of the contract or specifica- tions. . ' 16- INTERPRETATION OF DRAWINGS AND 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 report for an interpretation or correction thereof. The person sub- mitting the request will be responsible for its prompt deli- very. The City will not be responsible for any explanation of interpretation of the proposed documents. . Carlsbad . . Information for Bidders - 3 17. BIDDERS INTERESTED IN MORE THAN ONE BID; No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same work unless alternative bids are called for. A person, firm or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on material to a bidder is not hereby disqualified fror submitting a sub-proposal or quoting prices to other bidders. — 18. INFORMATION REQUIRED OF BIDDERS; The bidder is required to supply the following information. Add- itional sheets may be attached if necessary. 1. Address ; • 2. Telephone 3. Type of Firm: Individual, Partnership, Corporation, 4. Corporation organized under the 5. Contractor's License laws of the State of ,_.. No. . 6. List the name and address of all members of the firm or names and titles of all officers of the corporation: 7. Number of years experience as a contractor in construction work: . . . _' / 8. List at least 3 projects completed as of a recent date: ». Contract Amount Class of Work Date Completed Name & Address of Owner 9. List the name and address of each subcontractor who will per form work in or about the work or improvement and indicate what part of the work will be done by each subcontractor: i Carlsbad Information for Bidders - 4 Name Address Work to be Performed 10v List the name of the person who inspected the site of the proposed work for your firm; .. • . 11. Upon request of the City, the Bidder shall submit a Notarized -—Financial Statement, financial data or other information and re- ferences sufficiently comprehensive to permit an appraisal of his current financial condition. - • Carlsbad Information for Bidders - 5 CITY OF CARLSBAD PI-NE AVENUE CANNON ROAD WATER LINE IMPROVEMENTS ON UNDER INTERSTATE 5 UNDER A.T.S S.F. R/R ROW CONTRACT NO.1001 CONTRACTOR'S PROPOSAL TO THE HONORABLE, THE COUNCIL OF THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA: Jn compliance with the advertisement calling therefor, I hereby propose and agree to perform the work mentioned herein and pay not less than the prevailing rate of per hourly wages, and furnish materials in accordance with the specifications and execute the contract therefor to the satisfaction and under the supervision of the City Engineer of the City of Carlsbad, California, at the following prices: SCHEDULE OF WORK ITEMS w Item Approx. No. Quantity Item with Unit Prices Written in Words Unit Prices Total In Figures Amounts 1. 50 lin.ft.Furnish & install 20"O.D., steel casing; 3/8" wall, welded joints,jacked pipe complete in place per linear ft. 2. 50 lin.ft,Install 12" C 150 A.C.PIPE in 20"O.D.,casing pipe by use of wooden skids, complete in place linear ft. 3. 238 lin.ft,Furnish S install 24"O.D., steel casing 3/8" wall, welded joints, jacked pipe, complete in place per linear ft. __ Carlsbad Proposal - 1 Item Approx. Item with Unit Prices Unit Prices Total No. Quantity Written in Words In Figures Amounts 4. 238 lin.ft. Install 12" C 150 A.C. PIPE in 24" O.D. casing pipe by use of wooden skids, complete in place per linear foot GRAND TOTAL IN FIGURES Dollars- Cents Carlsbad Proposal - 2 It is understood that the approximate quantities shown above are solely for the purpose of comparison of bids and that the Contractor's compensation will be computed upon the basis of actual quantities in the complete work, whether they be more or less than those shown herein. The undersigned agrees to complete the work in every detail within seventy (70) consecutive calendar days from the d^te of execution of tne contract. The undersigned agrees, if awarded the contract for the work, to sign said contract and furnish the necessary bonds within not less than ten (10) days nor more than twenty- five (25) days after the first publication of the "Notice of Award" of said contract, and to being work within fifteen (15) days from the date of execution of the contract. The undersigned, if awarded the contract, intends to subcontract certain portions of said contract in accordance with the follow- ing schedule . ' . Portion of Work To Be Name of Subcontractor Location of Offices Subcontracted Enclosed is Bidder's Bond, Certified Check or Corporation Sure- ty Bond No. 'of the Bank, _ _ , California, which is not less than 10% of this bid and which is given as a guarantee that the undersigned will enter into this contract if awarded to the undersigned. The under-signed bidder hereby represents as follows: A. That no councilman, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirec- tly, in this contract, or the compensation to be paid here • under; and that no .representation, oral or in writing of the City Council, its officers, agents or employees has induced him to enter into this contract excepting only those contained in this form of contract and the papers made a part hereof by its terms. B. That this bid is made without connection with any person, firm or corporation making a bid for the same work and is ' • , .Carlsbad / " Proposal - 3 in all respects fair and without collusion or fraud. Dated: ' ' ' 19_ * Signature of Bidder ' Business Address " •__ . Telephone Number Contractor's License Number Carlsbad . Proposal - 4 r BID BOND KNOW ALL MEN BY THESE PRESENTS, that we , as Principal, and "as Sureties, are held and firmly bound unto the City of Carlsbad, County of Sar Diego, State of California, in the just and full sum of $ Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Given under our hands and sealed with our seals this day of , 19 . The condition of the foregoing obligation is such that whereas, the. above bounden is about to hand in and submit to the Council of the City of Carlsbad, County of San Diego, State of California, the foregoing bid or pro- posal for the performance of the work therein mentioned, which includes the furnishing of all materials in compliance with the specifications therefor, under an invitation of said Council con- tained in the Notice of Advertisement. Now if the said bid or Water Improvements on Pine Avenue under 1-5 proposal of the said/£ Cannon Road under A.T.S.F. R.R. shall be accepted, and the said work awarded to ^thereupon by the said Council, and if the said shall fail or neglect to enter into a contract therefor, and to execute an adequate bond with two or more good and sufficient sureties, or one corporate Surety, to the satisfaction and approval of the Street Superintendent of Carlsbad Bid Bond - 1 the City of Carlsbad, conditioned upon the faithful performance of such Contract on part in such cases required by Statute, then in that case, the above named obligators will pay to the said City of Carlsbad, the full sum of $ Dollars. WITNESSES (If Individual) ' Principal By:. Title: .ATTEST: (If Corporation) By: ; Title: CORPORATE SEAL By: Title: ATTEST: By:. Title Surety CORPORATE SEAL Carlsbad Nan-- Bond - 2 CONTRACT AGREEMENT FOR CITY OF CARLSBAD THIS AGREEMENT, made and concluded this „:> day of -19 "7^, by and between ./CT~~f-J /2&t±i) &C>Km&r hereinafter des- ignated as the Contractor, and WIN F. FRIDAY , . as the City Manager of the City of Carlsbad, State of California. WITNESSETH: That whereas the said Contractor, as will fully appear by reference to the proceedings of the City Council of said City of Carlsbad, has been awarded the Contract for the work hereinafter mentioned, and the parties hereto have mutually covenanted and agreed and do, by these presents, covenant and agree with each other as follows: The complete contract includes all of the contract documents,, to /***' wit: The Advertisement and Information to Bidders, the Bid, the Contract, the Bonds executed in connection herewith and all offi- cial papers and documents relating hereto on the work to be per- formed hereunder, the Construction Specifications, the General Conditions, the Drawings and all modifications incorporated in those documents before their execution. These documents shall be deemed and considered as forming a part of this Contract as fully and to the same extent as if the same were copied at length and fully set forth herein and whether or not attached hereto. Any and all obligations of the City and the Contractor are fully set forth and described therein. /•*> All contract documents and plans are intended to coordinate so that any work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all contract papers and set forth in the drawings. The said contractor agrees to furnish all tools, equipment, appa- ratus, facilities, labor and material necessary to perform and complete, in a good and workmanlike manner, under the direction and to the satisfaction of the City Pngineer, the work of wat^r improvements and incidental work and all other work of the City of Carlsbad, County of San Diego, State of California, and in the manner designated and in strict conformance with the plans and specifications adopted by the City Council of the City of Carlsbad, County of San Diego, State of California, which said plans and specifications are entitled "Contract Documents and Construction Specifications for Water Line Improvements on Pine Avenue, under Interstate 5, and Cannon Road, under A.T.&S.F. R/R Row, Contract No. 1001." It is understood and agreed that said tools, equipment, apparatus, facilities, labor and materials shall be furnished and said work performed and completed as required in said plans and specifica- tions under the direction and supervision of the City Engineer. The said Contractor for the consideration herein mentioned, prom- ises and agrees with the said City that the Contractor will do and perform the following work, furnish the necessary materials, and incidental items, at the following bid prices, to wit: Carlsbad Contract - 2 SCHEDULE OF WORK ITEMS Item Appro*. Jten? with Unit Prices Unit Prices Total No. Quantity Written in Words In Figures Amounts 1. ' 50 lin.ft. Furnish & install 20"O.D., steel casing, 3/8" wall, welded joints, jacked pipe, complete in place Twenty-seven dollars and no cents Per linear ft. 27 .00 1,350.00 2. 50 lin.ft. Install 12" C 150 A.C. PIPE in 20"O.D.,casing pipe by use of wooden skids, complete in place TWO dollars and fifty rg.nt-.ci per linear ft. 2.50 125.00 3. 238 lin.ft. Furnish & install 24"O.D., steel casing 3/8" wall/ welded joints, jacked pipe, complete in place Twenty-nine dollars and no cents per linear ft. 29.00 6.902.00 4* 238 lin.ft. Install 12" C 150 A.C. PIPE in 24" O.D. casing pipe by use of wooden skids, complete in place Two dollars and fifty cents per linear ft. 2.50 595.00 GRAND TOTAL IN FIGURES Eight thousand nine hundred seventy-two dollars and no cents Dollars $8.972.00 Cents Carlsbad Contract - 3 AND the City Engineer hereby fixes time for the commencement of said work at %EN~ (lpl_ days after the Contractor receives notice that the Contract has been approved by the City of Carlsbad, and hereby fixes the time for the completion of said work at SEVENTY - (70) consecutive calendar days from the time of commencement. The City Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary due to unsuitable weather or to such other conditions as are consid- ered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately comply with the written order of the City Engineer to suspend the work wholly or in part and shall not resume the work until ordered in writing by the City Engineer. It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the' expiration of the time limit as set forth in these specifica- tions, damage will be sustained by the City of Carlsbad, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed tha-L the Contractor will pay to the City of Carlsbad the sum of Fifty Dollars, ($50.00) per day for each and every day's delay beyond the time limit prescribed to complete the work; and the Contractor agrees to pay such liquid- Carlsbad Contract - 4 ated damages as herein provided, and in case the same are not paid, agrees that the City of Carlsbad may deduct the amount thereof from any money due or that may become due the Contractor under the Contract. All payments are to be progressive; paid as of the last working day of each month, based on a progressive report made by the Con- tractor. Said report shall be presented to the City Engineer for payment. 10% of each payment shall be retained until final acc- eptance of the entire work by the City of Carlsbad. Required materials of construction on the job site shall be computed in progressive payments.. The City Engineer, shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the va- lue of such work and the City of Carlsbad shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and pay- ments shall be subject to correction in the final estimate and pay- ment. The final payment shall not be due and payable until the ex- piration of thirty five (35) days from the date of acceptance of the work by the City Council. It is mutually agreed between the parties to the contract that no certificates given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, Carlsbad Contract - 5 against any claim of the contract, and no payment shall be cons- trued to be an acceptance of any defective work or improper materials And the Contractor further agrees that the payment of the final amount due under the contract and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Carlsbad, the City Council and the City Engi- neer, from any and all claims or liability on account of work per- formed under the contract or any alteration thereof. AND' IT IS AGREED AND expressly understood by the parties to this Agreement and notice thereof is hereby expressly given, that in no case (except where it is otherwise provided by Law) will the City of Carlsbad of any officer thereof, be liable for any portion of the expenses of the work aforesaid for any delinquency of persons or property assessed. The Contractor further agrees that in the performance of the work contemplated by this contract, not less than the prevailing rate of per hour wages hereinafter specified shall be paid to all laborers, workmen and mechanics employed by the Contractor or by any subcon- tractor in the performance of the work contemplated by this Contract; and that the Contractor shall forfeit as a penalty to the City of Carlsbad, Ten Dollars ($10.00) for each laborer, workman or mecha- 'nic employed for each calendar day or portion thereof that such lab- orer, workman or mechanic is paid less than the following specified rate for any work done under the Contract by the contractor or any subcontractor: ' Carlsbad Contract - 6 mpm***#'•-;. CLASSIFICATIONS: RATE PER HOUR CARPENTERS: • . - " Carpenter. $ 5.91 CEMENT MASONS: 'Cement Mason - 5.75 IRON WORKERS: »» Reinforcing Iron PiforJeer. - " 5. S3 LABORERS: Laborers, General or Construction. 4.43 ^ Operators & tenders of pneumatic & electric tools, concrete pump, vi&rating machines S similar mechanical tools. 4.62 Concrete Saw Man (excluding tractor-type), Roto- ' scrapper, chipping hammer, concrete core cutter S form blower. ' 4.64 Asphalt Raker, Ironer, Spreader. . . . 4.64 Cement Dumper (on 1 yd. or larger mixers & handling bulk cement). . 4.64 Crii&er and Shorer • 4.79 Concrete Curer - Impervious MemJbrane. 4.62 Cutting Torch Operator (Demolition.). 4.48 Fine Grader (Highways, streets, sewer S drainage lines).4.54 flagman. . .4.43 Guinea Chaser. - 4.51 Tree ClimJber using mechanical tools. 4.64 Layer of all non-metallic pipe. 4.74 Maker S Caulker of non-metallic pipe. - 4.62 .tfortarman and Potman. 4.62 Watchman. ' 4.23 OPERATING ENGINEERS, GROUP I: Air Compressor, Pump or Generator Operator. 5.18 Engineer - Oiler and Signalman. 5.18 Repairman's Helper (Heavy Duty). . 5.18 OPERATING ENGINEERS, GROUP II: Concrete Mixer Operator (Skip type). 5.42 Skip Loader Operator-Wheeltype-3/4 yard or less. 5.42 OPERATING ENGINEERS, GROUP III: Hydra-Hammer or similar type equipment operator. 5.66 .Power Concrete Saw Operator. 5.66 OPERATING ENGINEERS, GROUP IV: Equipment Greaser. ~ . 5.77 Screed Operator. 5.77 Trenching Machine Operator (up to 6' depth capacity, manufacturer's rating). . - " . 5.77 Boring Machine Operator. -. 5.77 Carlsbad ' Contract" 7 CLASSIF1CAT.I ON S (Continued): . • . RATE PER HOUR GROUP V: A-Frame or Winch Truck Operator. $5.96 Asphalt or Concrete Spreading, mechnical tamping or ^finishing marhine operator (all types and sizes). 5.96 . Pavement Breaker Operator. •• 5.96 Road-Oil Mixing Machine Operator. 5.96 -" Oskosh or DW-10 or Tourneaupull Operators, or similar type equipment with any type attachments. 5.96 • Skip Loader Operator - Wheel type - 3/4 Yard to and £. including- 1-1/2 yards. ' 5i96 Tractor Operator (Dragtype shovel, bulldozer, tamper, scraper and similar type equipment). 5.96 Holler Operator (Compacting). 5.96 GROUP VI: . . Concrete Mobile Mixer Operator - Paving 6.06 Grade-All Operator. 6.06 Heavy Duty .Repairman 6.06 Motor Patrol Operator (any type or size). 6.06 Skip Loader Operator - Wheeltype - over 1-1/2 yards. ' 6.06 Tractor Operator with Boom attachments. 6.06 Trenching- Machine Operator (over 6' depth capacity, ' manufacturer's rating). 6.06 Universa! Equipment Operator (Shovel, backhoe, drag- line, mucking machine, clamshell, derrick barge and pile driver). 6.06 TRUCK DRIVERS: Dump Truck Driver - Less than 8 cu.yds.level capacity 5.09 Dump Truck Driver - 8 cu.yds, but less than 12 cu.yds. 5.14 Dump Truck Driver -12 cu.yds., but less than 16 cu.yds. 5.22 Dump Truck Driver -16 cu.yds. or more. 5.44 Transit-Mix Truck Driver - under 8 yards. 5.44 Transit-Mix Truck Driver - 8 yards and over. 5.58 Water Truck Driver - under 2500 gallons. 5.12 Water Truck Driver - 2500 to 4000 gallons. 5.24 Road-Oil Spreader Truck Driver 5.24 Bootman. , 5.24 Truck Greaser. . 5.52 Tireman . 5.62 Any classification omitted herein, not less than 3.3? Carlsbad Contracts OVERTIME: Not less than one and one half times (1%) the above prevailing rates of per hour wages shall be paid for overtime work performed on Sundays and legal holidays as defined in Sec- tion 6700 of the California Government Code, for work performed in excess of eight (8) hours in any une (1) calendar day where overtime is permitted by law. In accordance with the provisions of the Labor Code and in acc- ordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Information relative to the number of apprentices, identification, wages, hours of employment and stan- dards of work conditions shall be obtained from the Director of .the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council, 110 State Build- ing, San Francisco, California. It is stipulated that eight (8) hours of labor shall constitute a legal day's work upon all work done hereunder and the Contractor agrees that neither he or any subcontractor doing work or perform- ing labor pursuant to the terms of this contract, who directs or controls the work of any laborer, workman or mechanic upon any of the work provided in this contract to be done shall require or permit such laborer, workman or mechanic to labor more than eight (8) hours during one (1) calendar day, except in case of extraord- inary emergency caused by fire, flood or damage to life or property; and it is further agreed and covenanted that said contractor shall forfeit as a penalty to the City, Ten Dollars ($10.00) for each Carlsbad Contract - 9 laborer, workman or mechanic employed in the execution of this contract by said contractor or by any subcontractor upon any of the work provided to be done by this contract, for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code of the State of California. Said Contractor further agrees and covenants that he will not knowingly employ or allow to be employed upon any of the work provided to be done under this contract, any alien, contrary to the provisions of the Labor Code of the State of California, and that the Party of the First Part shall forfeit as a penalty to the City of Carlsbad, Ten Dollars ($10.00) for each such alien knowingly employed upon any of the work provided in this contract to be done by the Contractor, contrary to the provisions of said Code, for each calendar day or portion thereof during which such alien is permitted to labor in violation thereof. The term "Alien" as used herein, shall mean any person who is not a born or fully naturalized citizen of these United States. The Contractor agrees that only materials produced or manufactured in these United States shall be used in the performance of this contract. The Contractor agrees to provide concurrently with the execution of this contract, a Material 'and Labor Bond in the amount of fifty per cent (50%) of the contract price. The Contractor further agrees to provide the City a Faithful Performance Bond in the amount of one hundred per cent (100%) of the contract price. Carlsbad Contract - 10 In the event of contractor's bankruptcy, insolvency or breach in any of the terms and covenants of this contract, then in such event, the City, may at its option, terminate all work pursuant to the terms of this contract and proceed to complete the cons** truction called for by this contract and receive payment for said completion from the Surety of the contractor, in accordance with the bonds submitted concurrently with this contract. In such event, the City shall give to th« Surety thirty (30) days notice of its election to require the Surety to perform. In case of dispute as to the value of work performed, or the value of extra work not contemplated by this contract, then in such event, the Engineer, subject to the City Council's approval, shall decide upon the value of such work, or the value of omiss- ion to perform work and the amount of payment to be made therefor. The Contractor shall secure all necessary City permits and comply with all State and City Laws. The City Engineer shall be authorized to inspect all materials sufficiently in advance of their use to ascertain their fitness for the use specified. The Contractor shall be obliged to provide the following policies of insurance, in the form of a certificate of insurance, or in the form of an insurance policy wherein the City is named as an additional assured: A. Workman's Compensation Insurance as required by State Law. Carlsbad Contract -li B. Public Liability and Property Damage in the amount of $300,000.00 for injuries or death sustained by one per- son and $500,000.00 for injuries or death sustained in one accident and property damage insurance in the amount of $100,000.00. Said insurance as procured by the Con- tractor shall protect the City from any and all liability resulting from Contractor1 performance of the contract, together with all acts, including acts of neglect, in- cident to the Contractor's performance of the contract. IN WITNESS WHEREOF; The parties to these presents have hereunder set their hands and have caused these 'presents to be executed in the County of San Diego, the day and year in this Agreement first above written. CITY OF CARLSBAD ATTEST: MAE(GAR^T E. ADAMS (city clerk KTM ROAD BORING P. O. BOX 567 NORWALK, CALIFORNIA 90650 ntractor I HEREBY APPROVE the draft of the within and foregoing Contract this Q/S day of j ¥ijliAy , 19_7P • STUART C. WILSON, City Attorney for the City of Carlsbad. Carlsbad Contract - 12 BOND NO. 28211*3 BOND PREMIUM: $90.00 . FAITHFUL PERFORMANCE BOND KNOW ALL MEN HiT THESE PRESENTS: That we, KTM Road Borina _ as Principal, and GREAT AMERICAN INSURANCE COMPANY , as Surety, are jointly and severally bound unto the City of Carlsuad, County of San Diego, State of California, in the penal sum of EIGHT THOUSAND NINE HUNDRED SEVENTY-TWO Dollars , ( $5,972.00 - - f , to be paid to the City of Carlsbad, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, succ- essors and assigns, jointly and severally, firmly by these pre- sents. Sealed with our seals and dated this 29TH day of APRIL _ , 1970 , and executed and to be performed in said City of Carlsbad. The condition of this obligation is such that if the above bounden PRINCIPAL _ or assigns shall well and truly keep and faithfully perform the covenants and agreements, in a certain contract about to be made between said PRINCIPAL _ ___ as Contractor and the City of Carlsbad, on the Contractor's part to be kept and performed in the manner and form therein specified and shall furnish materials in compliance with the specifications, and perform that certain work in .said City, which is more particu- larly described in the plans and specifications for improvements in the said City, the above obligation is to become void; other- wise to remain in full force and effect. . .-r;*^ W^ KTM ROAD BORING Carlsbad Faithful Performance Bond - 1 ORE AT AMERICAN INSURANCE COMPANY The number of persons 'authorized by this power of attorney is not more tha" **> NEW YORK, NEW YORK POWER OF ATTORNEY 0 ™ KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact or attorneys-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship ex- ecuted under this authority shall not exceed the limit stated below. Name JIM LUPER Address NORWALK, CALIFORNIA LINDY EDMONDSON NORWALK, CALIFORNIA Limit of Power $100,000. $100,000. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25 day of August 19 65 Attest:GREAT AMERICAN INSURANCE COMPANY Secretary STATEOF NEW YORK, COUNTY OF NEW YORK - ss: Vice President On this 25th day of August 19 65, before me personally appeared W. R.MORPETH; JR., to me known, being duly sworn, deposes and says that he resided in the County of Essex, State of New Jersey, that he is a Vice President of the Great American Insurance Company, the Company described in and which executed the above in- strument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. //''/> /2jZd^>\ NOTARY PUBLIC, STATE OF NEW YORK NO. 60-8273850 WE 5TC H E SI E R COUNTY CERT. FILED IN NEW YORK COUNTY COMMISSION EXPIRtS MARCH 30, 1966 This Power of Attorney is granted under and by authority of Article IV of the By-Laws of the Company, extracts of which read as follows: ARTICLE IV. Officers: Powers and Duties. Section 4—The President... shall also have power and authority, from time to time, to appoint and fix the compensa- tion of one or more attorneys-in-fact, to prescribe their respective duties and the respective limits of their authority and to revoke any such appointment, at any time, in his discretion. Section 5—the several Vice Presidents...shall act, in the order of their appointment, in the place of the President exercising all his powers and performing his duties, during his absence or disability. This Power of Attorney is signed and sealed by facsimile under and by iiuthority of the following Resolution adopted by the Board of Directors ot the Great American Insurance Company at a meeting duly called and held on the 5th day of May, 1965. RESOLVED, that the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorney and revocation of any power of attorney or certificate of either given for the execu- tion of any bond, undertaking, or contract of suretyship, swcfc signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, WILLIAM G. FETTIS, JR., Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, the above quoted abstracts of Sections 4 and 5 of Article IV of the By-Laws, and the Resolution of the Board of Directors of May 5, 1965, have not been revoked and are now in full force and effect. Signed and sealed this ^ Q/ day of KTM ROAD BORING P. O. BOX 567 MORWALK. CALIFORNIA ATTEST: , Principal GREAT AMERICAN INSURANCE COMPANY ^urety ATTEST: , ATTORNEY-1N-FACT I HEREBY APPROVE the form of this within and foregoing Bond, this • day of , 19 . City Attorney The within and foregoing Bond is to my satisfaction and I hereby approve the same this _ day of _ _ , 19 _ _. Street Superintendent of the City of Carlsbad, California I Carlsbad - Faithful Performance Bond - 2 STATE OF CALIFORNIA County "f Los Anaeles ss. OFFICIAL. SEAL. ALYCE MAE KRAMER _ Mi AN.Gr.ua CCVJNTY ^ Expires Jan. 2,1971 On this-PQth day of April __ , in the year Nineteen Hundred before me, _ Alyce Mae Kramer _ a Notary L JHdy EdmondSOHPublic in and for said state, personally to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney-in-Fact. NoJ#ry Public in and for saici Stale My Gommission expires S959A 12-66 (CALIFORNIA ACKNOWLEDGEMENT FORM) BOND NO. 28211*3 BOND PREMIUM.' INCLUDED MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS: -THAT WHEREAS, on the 21st day of APRIL 19 7Q , under and pursuant to law, the City Council of the City of Carlsbad, awarded a contract to KTM ROAD BORING , as Contractor, for the doing of that certain work and improvement in the City of Carlsbad, County of San Diego, State of California, which is more particular- ly described in the Plans and Specifications for improvements in the City of Carlsbad, and; WHEREAS, said PRINCIPAL (KTM ROAD BORING} as such Contractor, is about to enter into a contract with said City for the performance - of said work and improvement, pursuant to said award, and; WHEREAS, the law requires every contractor, person, company or corporation, including contracting owners, to whom is awarded any contract for municipal improvements, at the time of signing and executing the said contract, to file with the City a good and sufficient bond, to the satisfaction and approval of said City, in a sum not less than one-half of the total amount payable by the terms of said contract, and which shall insure to the benefit of any and all persons, companies or corporations entitled to file claims, so as to give a right of action to them of their assigns in any suit brought upon this Bond? KNOW BY THESE PRESENTS WITNESSETH: That the said KTM RQAp BORING as Contractor and Principal and GREAT Carlsbad Material and Labor Bond - 1 AMERICAN INSURANCE COMPANY as Surety are held firmly bound unto any and all persons, companies, corporations or materialmen who furnish materials, provisions, provender or. other supplies used in, upon, for or about the performance of said work and improvement aforementioned or who rent or hire implements or machinery for, or contributing to , said work or improvement, and any person who performs- work or labor upon the same, and any person who supplies both work and materials for the same, or the assignees of any such persons, companies or corporations in EIGHT THOUSAND NINE the sum- of HUNDRED SEVENTY-TWO - • --- Dollars, ($8,972.00 - - ) , being not less than one-half of the total amount payable by the terms of said contract, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 29th day of APRIL _ , 19 70 , and executed and to be performed in said City. The conditions of the above obligations are such that if the said as Contractor to whom said contract has been awarded, as aforesaid, or any subcontractor of said Con- tractor, shall fail to pay for any materials, provisions, proven- der or other supplies or for the use of implements or machinery used in, upon, for or about the performance of said work and im- provement, or for any work or labor done thereon, of any kind, Carlsbad Material and Labor Bond - 2 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 attorney's fee, to be fixed by the COMPANY KTM ROAD BORING BY' t/JNDY fDMdtfDSON, Surety "" " B^incipal S-IN-FACT I HEREBY APPROVE the form of the within and foregoing Bond, this day of Attorney for the City of Carlsbad, California. The within and foregoing Bond is to my satisfaction and I hereby approve the same, this "j^y day of //^/ , 19 STATE OF CALIFORNIA .. Los Angeles ss. On this anrl .'Sftv&nty 29th day of _, before me, A / vce Afoe Kramer Engineering for the City of Carlsbad, California t^V CKMCIAL SEAL ALYCE MAE KRAMER NOTARY PUBLIC CAUrOHNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commicric;-. L">;rf-i; Jcin. 2, 1971 in the yM^ri/7netaen'TfindTZd' , a Notary L/ndy Edmondson ., knownPublic in and for said state, personally appeared — to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney-in-Fact. Public in 'and for sai4 State My Commission expires S959A 12-66 (CALIFORNIA ACKNOWLEDGEMENT FORM) CITY OF CARLSBAD• GENERAL CONDITIONS SECTION I - DEFINITIONS AND TERMS; The following words and phrases, when used in this specifica- tion shall have the meaning respectively described to them in this section. A. Grading; The shaping of the ground surface by excavating or filling so that it will conform to an approved section and offi- cial elevation. B. Construction Plans; The plans showing work to be done. C. Construction Specifications; The specifications pertaining to the method and manner of performing the work and to the quality of and quantity of materials to be furnished under the contract. D- Contractor; • • The person as defined in the Streets and Highways Code to whom a contract for the performance of the work is awarded, E. Engineer; The City Engineer of the Superintendent of Streets, which- ever is designated by authorized representatives thereof. F. Work - Improvement; "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 construction, reconstruction and repair of all or part of any such work or improvement. Carlsbad General Conditions - 1 SECTION II - WORK TO BE DONE A. Conformance with Plans; The work to be done shall be in accordance with the Gen- eral Conditions, the construction plans and the construc- tion specifications. Anything mentioned in any of the above instruments shall govern the work as though men- tioned in each. All work shall, during the construction and at its completion, conform to the lines, elevations and grades shown on said Plans and Drawings. B. Compensation; The Contractor shall accept the compensation as provi- ded by the contract unit prices and by measurements and/ or contract lump sum prices as full payment for furnish- ing all supervision, labor, materials and equipment to perform all work in accordance with the general conditions, the construction pl&ns, and the construction specifications, for providing for any requirements of this general condi- tion, including safety measures, public convenience, pub- lic 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 description connected with the prosecution of the work. C. Job Site Copies; A copy of the construction plans and construction speci- fications shall be kept on the job at all times during the construction, and access thereto shall at all times be accorded the Engineer or his representatives. Carlsbad General Conditions - 2 In. case 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. C. Construction Specifications. SECTION IV - EXAMINATION OF PLANS AND SITS OF WORK: A. Contractor to Examine: The Contractor submitting a proposal is required to examine carefully the cons- truction plans, construction specifications and the site of the work. He 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 specificiations. In the event of any discrepancy between' the plans and the figures written thereon, the figures shall be taken as correct. B. Existing Conditions: The plans for work will show conditions as they are believed to exist, but it is not to be inferred that all of the conditions 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 vari- ance between conditions as shown on the plans and the actual conditions encountered during the progress of'the work or otherwise. C. Soil Conditions: Any information shown or. the plans as to the soil or material borings or tests of exist- ing materials, is for the purpose of design. The in- . formation is not guaranteed, and no claims for extra v/ork or damages .will be considered if it is found during construction that the actual soil or material conditions vary from those indicated. SECTION V - SETTING STAKES: . . A. Contractor Shall Give Notice: The Contractor shall .give.forty eight (48) hours notice when he will re- quire the services of'the Engineer for laying out any portion of the work. The Contractor shall assist the Engineer .when, required, in excavation for setting of line and grade stakes and shall pre- serve all stakes set for'line, grade of measure- Carlsbad General Conditions - 3 merits of the work in their proper places until authorized to remove by the Engineer. In the event that the Contractor fails 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 stakes. B. Contractor to Inspect Stakes: The Contractor is •' required to examine carefully all construction stakes and by visual inspection of stakes and string lines, forms and headers set therefrom, interpret and confirm that the- line and grade information is in accordance with the plans. If there is apparent error or lack of under- standing as to what is meant by the staking, the Contractor is required to request an inter- pretation of staking before doing any work. C. Contractor to Prepare Grade Sheet: The Contrac- tor shall maintain a grade sheet showing cut and fill stake record so that if marked reference ' stakes are destroyed, he may replace them with- out requesting the service-s of the Engineer. SECTION VI - INSPECTION; • A. Notice: The Contractor shall notify the Engineer forty eight (48) hours in advance of any work to be done in order that .the inspection may be pro- vided and shall prosecute 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 ab- sence o'f said Inspector or said permission shall be subject to rejection. B. Inspection: A1J. materials and work done shall be subject to rigid inspection. Work or material which does not conform to the specifications, although accepted through over- sight or otherwise may be rejected at any time. C. Defective Work: If, in the opinion of the Engi- neer, work is not being done in accordance with the plans and soecif ications, written notice • •.shall be given to the Contractor or his 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 Carlsbad General Conditions -4 r to the Contractor. : ' . . i ' Work which is defective in its construction or ,' deficient in any of the requirements of these specifications will not be considered as accept- ed in consequence of the failure of any employee of the City or Inspector connected with the work, to point out said defects ox deficiency during construction. The Contractor shall correct any imperfect work whenever discovered'. SECTION VII - CONTRACTOR'S SCHEDULE OF WORK: When required by the Engineer and before beginning work on the site, the Contractor shall submit to-the Engineer his proposed schedule of work.- This schedule shall show the probable date of commencement and completion of the various sections and 'features of the work; the starting point or points and the direction in which the work will progress. Construction shall conform to this schedule or such modifica- tion as may be approved by the Engineer. Where the Contractor is 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 and locations of factories or other sources from which said items are to be obtained. SECTION VIII - MATERIALS: A. Samples and Drawings: 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 be used in the work. He shall also submit any required detailed drawings of articles or'equipment• for City approval before purchasing same. Rejected materials must be immediately removed from the work by the Contractor, and shall not be brought again upon the work. ' ' . B. Testing; The City may test materials to be used in construction or soils to determine pavement design 'or to determine compaction in accordance with the specifications. The City may approve certain engineers and/or testing laboratories to act as its agent in the taking of samples and/or testing of materials. A record showing the time and exact location and elevation at which samples Carlsbad , • General Conditions - 5 are taken shall be made and when such record is made by a private engineer or testing lab- oratory, it shall be certified as to adequacy •and correctness and filed with the Engineer. C- Patents: The Contractor shall hold and save the City of Carlsbad harmless from liability of any nature or kind, of ary claim therefor, including costs and expenses for or on account of any patented invention, article .or appli- ance for use in the performance of this work. SECTION IX - MEASUREMENTS: .A.' Measurements; All distances shown on the plans are in feet, and unless otherwise indicated, are measured horizontally. Units of measure- ment will be made by the Engineer in accordance with the United States standard measures. Weight measurements shall be in pounds or tons consisting of 2,000 pounds avoirdupois. Un- less otherwise specified, material paid for by weight shall be weighed on platform scales furnished by the Contractor or on public scales. Scales furnished by the Contractor shall be satisfactory to the Engineer, and shall be inspected and sealed by a representa- tive of the State Division of Weights and Measures as often as the Engineer may deem necessary to 'insure their accuracy. The Con- tractor shall furnish licensed weighmaster's certified weight tickets for each load to the Engineer. ; SECTION X - SUPERVISION AND WORKMANSHIP; ' The Contractor shall, at ,all times while work is in progress, be represented on the work in person by a foreman or by a duly designated agent. The Contractor shall retain in his employ, none but competent superintendents, -foremen,, mecha- nics and laborers. Mechanics shall be thoroughly familiar with the type of wotk they are performing. All work shall be carefully, neatly and expertly done in accordance with the best practices of the trade. The schedules, methods and appliances adopted by the Contractor shall be such as will result in a high quality of work. Carlsbad •' General Conditions - 6 Any superintendent, foreman, laborer or other person em- ployed on the work by the Contractor who fails or refuses to perform the work in the manner specified herein, shall be discharged immediately and such person shall not again be employed on the work. . SECTION XI - EXISTING UTILITIES, IMPROVEMENTS AND OBSTRUCTIONS; A. City-Owned Underground Facilities: The City of Carlsbad may enter into the street-or public . right of way for the purpose of repairing sewer, water mains, storm drains or other City-owned facilities. Whenever, feasible, the. Contractor shall uncover City-owned underground facilities 100' in advance of trenching operations to avoid damage and interference. The work to be done shall include the protecting, altering, removing, reinstating and testing of any existing City- owned facilities located in the City streets or public rights of way which interfere with the work to<be done. The Contractor shall request permission to remove or alter facilities for his own convenience. B. Facilities Not Owned By The City: In case it should be necessary to remove property of any owner of a public utility, franchise or en- croachment, such owner will upon proper applica- tion by the Contractor be notified by the Engi- neer to remove such property within a specified reasonable time. The Contractor shall not inter- fere with said property until after the expira- tion of the time specified. The right is re- served to the owners of public utilities, fran- chises and encroachments to enter upon the street for the purpose of making repairs or changes of their property made necessary by the work. • - C. Existing Surface Improvements; When, during the progress of the work, it becomes necessary to re- move any existing pavement, sidewalk, curb, or other existing improvements, the Contractor shall remove and replace or restore the improvement re- quired to be removed by such work in a manre r that will leave the improvement as nearly in the original location and' condition as is reasonably possible. Carlsbad . ' General Conditions D. Obstructions; When, during the progress of the work/ any excavation is to be made in easements through private property that has been improved by lawn, trees, shrubs or gardens, the Contrac- tor shall, in advance of making the excavation, remove such lawn, 'trees, shrubs or plants as may be necessary for the prosecution of the work, ar. 3 shall give them proper care and attention and shall replace them in as nearly the original location and condition as as reasonably possible after the excavation has been backfilled and settled. Where it becomes necessary to excavate in ease- ments through private property that has been improved with fences, walls, buildings, walks . or drives, the Contractor, upon completion of work shall replace the fences, walls, buildings, walks, drives, pavement, gravel and surface, leaving all in the original condition as found. Trees shall not be removed without the express permission of the Engineer. • Damage to or excess ive trimming of trees in the right of way shall be avoided. , . • ; SECTION XII - CUSTODY OF WORK AND LOSS; • A. Custody of Work; The Contractor shall have full care and custody of the work until completion . and acceptance. . The Contractor shall be responsible for all damage' to existing improvements while the work is in his charge. All damage done to existing improvements shall be repaired by the Contrac- • tor at his own expense. • - B. Damage and Loss: The Contractor shall be held responsible for and required to make good, at his own expense, all damage to persons or pro- perty used by himself or his subcontractors, agents, or the employees of either of them during the progress of the work and until its final acceptance. * . • Carlsbad . General Conditions - 8 r~ All loss or damage arising from any unforeseen . difficulties which may be encountered in the prosecution of the work, or from any action of the elements prior to the acceptance of the work or from any act of omission not authorized - by these specifications on the part of the Con- " tractor or any agent or person employed by him, shall be sustained by the Contractor. The Engineer may order the Contractor to suspend . any work that may be subject to damage by clima- tic conditions or natural phenomena. SECTION XIII - SAFETY MEASURES: A. Safety Regulations; Precaution shall be exercised . at all times for the protection of persons and pro- ' ' perty. The safety provisions of applicable laws and building and construction codes shall be ob- . served. Attention is called to the "Construction Safety . Order", "Trench Construction Safety Orders", and "General Safety Orders", of the California state Industrial Accident Commission, to which the Con- tractor is required by law 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 State Department of Public Works of the State of California, pursuant to Section 465.7 of the Vehicle Code. SECTION XIV - PUBLIC CONVENIENCE; • .A. Public Traffic: t This section defines the Contrac- tor's responsibility with regard to providing for • ' the passage of public traffic through the work during construction. The Contractor shall so conduct his operations as to offer the least poss- ible obstruction and inconvenience to public tra- ffic. He shall have under construction no greater length or amount of work than he can prosecute pro- perly with due regard* for the rights of the public. Carlsbad General Conditions - 9 • In order to expedite the passage of public traffic through or around the work, the Con- tractor shall install signs, lights, flares, barricades, temporary sidewalks and surfacing, ~ temporary bridges, temporary trench cover and other facilities for the sole convenience and direction of public traffic. The Contractor shall provide and station competent flagmen whose sole duties shall consist of directing the movement of public traffic through or " . ; around the work. • . ' • • ••• • ' ' • •'*' . B« Work Conditions; Alternate cross sections shall be kept open at all times. All trenches across intersections and streets shall be pro- !. vided with temporary bridges to allow not less . than one (1) lane of traffic to flow in each . . direction. The Contractor shall remove sur- . :. plus materials that are in excess of require- / ments for or will not be used in backfill • immediately after the excavation has been made. . No material or equipment shall be stored where ' • •" .. it will interfere with the free and safe pass- age of public traffic and at the end of each day's work, and at other times when the cons- truction operations are suspended for any reason, " the Contractor shall remove all equipment and other obstructions from that portion of the . • roadway open for use by public traffic. ' • C. Access to Private Property: The Contractor shall provide necessary access to adjoining private pro- perty. Residents shall be notified by the Con- tractor if entrances to driveways are to be block- • ed allowing removal of cars if desired. • The Contractor shall provide suitable access to adjoining private property by providing necessary bridges across excavations or other work for ingress and egress to places of business or resi- dences within a reasonable length of time. D. Traffic Controls; Existing traffic signal and safety lighting systems shall be kept in opera- tion for the benefit of the travelling public during progress of the work. No traffic regula- ting , warning, directional or street name signs shall be removed from the area of the wear k or relocated therein unless so indicated on the Carlsbad General Conditions - 10 '; ...'.- plans or unless so ordered by the Engineer. !' ••'-'•:'•''•'.' •-.-- • . 1 ' - '-.-".'']'•'• . The contractor shall preserve or maintain the | ..:' " visibility of all official traffic signs, j . . traffic devices or street name signs within j the limits of the project. i .:.--. _ . •...''' | E. Access To Fire Hydrants; Fire hydrants shall j be left clear for hose connections-at all times. I • SECTION XV - PUBLIC SAFETY; .",'•• | A. Contractor's Responsibility:• This section de- . i " fines the Contractor's responsibility with re- | . gard to providing for the safety of the public : -••.'. during construction. Attention is directed to ;. • . Section XII, "Custody of Work and Loss". When- j , ever the Contractor's operations create a con- dition hazardous to traffic or to the public, he shall provide flagmen .and guards necessary . i • to give warning to the public of any dangerous 1 ,, ' conditions, and he shall furnish, erect and " . maintain such fences-, barricades, lights, signs, "*"" ; and other devices as are necessary to prevent :- accidents and avoid damage or injury to the ; public. I Should the Contractor appear to be neglectful or negligent in furnishing warning and protec- • rj . tive measures' as above provided, the Engineer 'I . may direct attention to the existence of a l! , . hazard and the necessary warning and protective '\t , measures shall be furnished and installed immed- ; j; iately by the Contractor. . •i " ' '•"•'• ' • ; : M B. Emergency Hazards: When an emergency hazard j -• affecting publ-iq safety exists/ and it is not . possible to contact the Contractor or it is not possible for the Contractor to take immediate corrective action, the City may take action to correct the hazard or to furnish warning and protective measures. The Contractor shall pay the City for correcting emergency hazards or for furnishing warning and protective measures. The taking of corrective action or the furnishing of warning or protective measures by the City , shall not relieve the Contractor from the respon- sibility for public safety or damage to persons . or property. Carlsbad • General Conditions - 11 — SECTION XVI - CLEANING UP: ; Nte*- • ' -' Upon,completion of the job, the Contractor shall remove all de- •bris and waste material caused by construction operations and leave the job site in a clean and neat condition. SECTION XVII - COMPLIANCE WITH LAWS; . : - The Contractor shall conduct the work in compliance with all laws and regulations of the United States Government, the State of California, the County of San Diego, and the City, limiting or controlling this work in any manner. The Con- tractor shall at his own expense, obtain the necessary per- mits and licenses and pay all fees required by law. . V * .. " »° SECTION XVIII - WATER: ! , - /. . Where, the work under these specifications can be supplied with .water from the City's water mains, the Contractor will.be re- quired to arrange for service thrpugh the City's Water Depart- ment, and will be required to pay for any and all water con- sumed by the Contractor during the course"of construction. • w SECTION XIX - FIRE AND SANITARY PROVISIONS; ' ' . '•. ' ' . i . ' ; .'^ A. Fire Protection: Whenever a fire hazard exists, . ' i| the Contractor shall have available at the job ' ],' site, fire fighting equipment meeting the stan- . j, dards established by. the Fire Marshal. . •• ' . ji . B. Sanitation; The Contractor shall maintain sani- 'j'i tary facilities and conditions on the job site i !i . meeting the standards established by the Direc- tor of Public Health. Requirements for temporary sanitary facilities • . are available a^ the Department of Public Health or the City Building Department. SECTION XX - PRESERVATION OF MONUMENTS; The Contractor shall not disturb any property monuments or stakes found on the line of the improvement without written . • .- permission from the Engineer. In the event that the Contrac- ,* tor disturbs or removes property monuments or stakes without w having first obtained written permission to do so, and it is necessary for the City to reset monuments or stakes, the Con- , tractor shall pay to the City the cost of resetting such stakes or monuments. ' Carlsbad • General Conditions -• 12 .SECTION XXI - MATERIALS AND STAKES: • i • . • . • • •**^ ' • • . A. Quality; All materials shall be of specified qual- ity and fully equal to accepted and approved samples where samples are required. '•• = . •'•..' ' '.'I ' Unless otherwise specifically provided elsewhere in the specifications, all materials, equipment and •••'.;. -articles incorporated in the work shall be first grade, new and delivered, (where practicable) to the job site in original containers or cartons. Each article of electrical.of mechanical equipment shall be the latest product as listed in printed catalog, data of latest date, and shall be the standard pro- duct of a single manufacturer. All materials will be • • American made as specified in the Government Code, Sec. 4304. .- . . . The Contractor shall provide adequate and proper • • storage facilities for all materials, equipment . -- ' and supplies. He shall at all times protect and . . '.._'•• preserve all such materials, equipment and work performed by him from any damage whatsoever. B. Testing of Materials; The City may require tests of materials by a competent testing laboratory of .^ its selection or by other means. The Contractor shall furnish to the Engineer at the point of test- ing, samples of any materials proposed to be used on the work whenever so requested by the Engineer. Soil tests to determine relative compaction of 90% of roadway embankment, site embankment or fill (to be taken in lifts not to exceed three feet (31) and . . trench backfill shall be made as follows: Each Test . . Maximum Depth Area Limit Roadway, Site & Fill .. Embankment. - 2 5,000 square feet. Trench Backfill (Back- fill water settled). 3 150 linear feet of trench. The cost of the initial testing shall be borne by the City of Carlsbad; subsequent retesting due to ' ( , material or construction failure to meet required 1 • . . compaction will be borne by the Contractor. **, • ^ Carlsbad . General Conditions - 13 "SS" • . SECTION XXII - COMPLETION OF WORK: » -. " . - '• ~ ,„ The Notice of Completion of Work will be issued by the Super- : intendent of Streets. This notice of completion is not a . waiver of the guarantee as set forth in these conditions.i • ' . •: , ' t • - • I • SECTION XXIII - CONTRACTOR'S INSURANCE; .' ' . ij ' ; • The Contractor shall not commence work under this Contract ; until he has obtained all insurance required under this para- s'; graph, and such insurance has been approved by the City Attor- j; ney, nor shall the Contractor allow any subcontractor to ;!;;• ,. commence work on his subcontract until all similar insurance i required of the subcontractor has been obtained and approved. !' A* Workmen's Compensation Insurance; The Contractor I ..•'";'•• shall take and maintain during the life of this j . ' ' Contract, Workmen's Compensation Insurance for all . .. of his employees engaged on or. at the site of the project, and in case any of his work is sublet, the •' •-'''-. Contractor shall require .the subcontractor similarly ! to provide Workmen's Compensation Insurance.for all • the latter*s employees, unless such employees are ' covered by the protection afforded by the Workmen's ^^ ' Compensation Insurance carried by the Contractor. In case any class of employees engage in hazardous work under this Contract, or on the site of the pro- ject is not protected under the Workmen's Compensa- tion Statute, and in case any other class of employee is not protected under the Workmen's Compensation Statute for any other reason, the Contractor shall 1 provide adequate insurance coverage as shall be satisfactory to the City for the protection of such employees not otherwise protected. B. Public Liability and Property Damage Insurance; The Contractor shal}. take out and maintain during the life of this Contract, such Public Liability and Pro- :.-..'.,'• perty Damage Insurance as shall protect him and the City from all claims for personal injury, including accidental death, as well as from all claims for - property damages arising from operations under this Contract. The amounts of such insurance shall be as : hereinafter set forth. The Contractor shall require ^ the subcontractor, if'any, to take out and maintain .^ similar Public Liability and Property Damage Insur- . ; ance. The amounts of such insurance shall be as < hereinafter set forth. In case any of the work under this Contract is to be performed on or at the site of Carlsbad . General Conditions - 14 the project by a subcontractor, the Contractor • shall take out and maintain such Contractor's Contingent or Protective Insurance as will pro- ; tect him and the City from damage claims arising from the operation of any subcontractor. The , .'.-'[ amounts of such insurance shall be as herein- after set forth. If any subcontractor shall ' ; subcontract any portion of his subcontract, the Contractor shall require him to take out . / and maintain such Contingent or Protective Insurance as will protect such"subcontractor ' . from damage claims arising from operations of the second subcontractor. Such Contingent or : ' Protective Insurance shall be in the same amounts as the primary subcontractor's public " liability and property damage insurance. ' '< ' " As provided above, the Contractor shall take • out and maintain public liability insurance • for injuries including accidental death to any . . one person in an amount not less than Three ' . . Hundred Thousand Dollars, ($300,000.00) and - subject to the same limit for each person; on " ' ' * " ' r :i account of any one accident to an amount not . less than Five Hundred Thousand Dollars, .'..'. ($500,000.00); and property damage insurance in ' an amount mot less than One Hundred Thousand Dollars, ($100,000.00); Contractor's Contingent or Protective Insurance for public liability and. property, damage 'in amounts not less than the respective amounts as noted above. As pro- vided above, the Contractor shall require all • subcontractors, whether primary or secondary, if any, to take out and maintain public liabili- | ty and property damage insurance in amounts hereinbefore set forth for the Contractor. C. Insurance Covering Special Hazardst The follow- ing special hazards shall be covered by rider or riders to the abovementioned public liability insurance or protective damage insurance policy or policies or by special policies or insurance in amounts as follows: Automotive and Truck, where operated, in amounts as above; Material Hoists, where used, in amounts as above. / -.''•• Carlsbad , / General Conditions - 15 • . D. Proof of Carriage of Insurance and Notice Cancell- ,';••• at ion; The Contractor shall furnish the City sat- isfactory proof of full compliance with all of the insurance requirements herein, prior to execution of the Contract. The Contractor shall also furnish the City a certificate from the carrier that said policies shall not be cancelled without ten (10) days advance notice, in writing, to the City. SECTION XXIV - CONTRACTOR'S COORDINATION: Cooperation; Should construction be under way by other : forces or by other contractors within or adjacent to the ' -limits of the work specified, or should work of any other nature be under way by other forces within or adjacent to - said limits, the Contractor shall cooperate with all such : other contractors or other-forces to the end that any de- • lays or hindrance to their work will be avoided. The ' ; right is reserved to perform other or additional work at or' near the site, (including designated material sources) , - at any time by the use of other forces. '. " - * • *-*'•.' When two (2) or more contractors are employed on related or adjacent work, or are to obtain materials from the . same designated material so.urce, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to .the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by his operations and for loss caused the other due to his unnecessary delays or .'...' failure to finish the work within the time specified for completion. .'••'' : • . ' / • . . • . .,-;..: SECTION XXVI - DUST CONTROL; . ' ' . . Dust nuisance originating or resulting from the Contrac- . tor's performance of "the work within or outside of the public way shall be strictly controlled and diligently maintained at all times. Application of water and/or • . . dust palliative shall be used to alleviate or prevent ''. dust nuisance. Dust control operations shall be performed .at the time, location and according to the amount and method required by the Engineer, and shall be subject to his approval and supervision. Control and application •of water and dust palliative shall conform to Sections 10 and 18 of State of California, Division of Highways, Standard Specifications, 1964 Edition, except as other- • wise directed by the Engineer. Payment for this work shall be included in unit prices bid for other items and shall be performed as incidental work without compensation. Carlsbad . , General Conditions - 16 SECTION XXVI - WORK ON PRIVATE PROPERTY: All excavations, fill embankments, grading, existing improve- ments, removal and reconstruction on private property within the limits as shown on the improvement plans will be done only with written permission and approval of the property owner. Carlsbad General Conditions - 17 CITY OF CARLSBAD CONSTRUCTION SPECIFICATIONS I. GENERAL All construction shall be in coi. formance with the Standa ~d Specifications for Public Works Construction, 1970 Edition, the Plans, and as outlined in these specifications. II. JACKED PIPE INSTALLATION A. Work by contractor. The contractor shall furnish all labor, materials and equipment necessary for the complete installation of all jacked pipe. Refer to Standard Specifications Section 306-2.4 JACKING OPERATIONS. B. Work by City. The City of Carlsbad shall furnish the necessary labor, material and equipment for the excavation of four (4) bore pits. After the installation of the jacked pipe and water lines have been completed by the Contractor, the City shall provide all backfill, compaction and resurfacing that might be required thereto. The City shall furnish all necessary barricades. III. WATER LINE INSTALLATION A. Work by Contractor. -; The. Contractor shall be responsible for the install*- tion of all Cl. 150 asbestos cement pipe within an in- stalled jacked casing pipe. A winching operation may be used or any other method acceptable to the City Engineer. B. Work by City. The City shall furnish and assemble all Cl. 150 asiestos cement pipe, complete with wooden skids. Installation shall be made by the Contractor. IV RAILWAY REQUIREMENTS The Contractor shall meet all the reguirements of the Atchison, Topeka and Santa Fe Railway Companyf Office of Division Engineer, 1170 West Third Street, San Bernardino, California, 92410. Telephone TU-42111. The Contractor will enter into a save harmless agreement with the Atchison, Topeka and Santa Fe Railway Company. The processing time for this document is approximately five (5) weeks. In addition to those policies of insurance required by the City of Carlsbad, the Contractor shall take out and maintain public liability insurance for injuries including accidental death to any one person in an amount not less than Five Hundred Thousand Dollars, ($500,000.00) and subject to the same limit for each person on account of any one accident to an amount not less than One Million Dollars, ($1,000,000.00); and property damage insurance in an amount not less than One Million Dollars ($1,000,000.00); Contract- or's Contingent or Protective Insurance for public liability and property damage in amounts not less than the respective amounts as noted above. As provided above, the Contractor shall require all subcontractors, whether primary or second- ary, if any, to take out and maintain public liability and Carlsbad Construction Specifications 2 property damage insurance in amounts hereinbefore set forth for the Contractor. The Contractor will also post with the Atchison, Topeka and Santa Fe Railway Company an additional Surety Bond in the amount of One Thousand Dollars, ($1,000.00). Carlsbad Construction Specifications 3