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HomeMy WebLinkAboutRhoades, Brenton Lee; 1985-03-21; 3159CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for POLICE FIRING RANGE CONTRACT NO. 3159 ADDENDUM # 1 Suitable material for 3500 cubic yards of fill may be obtained from the Kol1 project stockpiles to the east of this project site. O. Eo•Oo < i CO2> Oo STATE OF CALIFORNIA . .COUNTY OF _San_Bernardino l^efoniayv T9 1985On . J_ ? _,before me, the undersigned, a Notary Public in and for said State, personally appeared BrentOn Lee RhoadeS personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature (L OFFICIAL SEAL TERESA C RICC1TH.U PUBLIC - CALIFORNIA j!M BERNARDINO COUNTY My comm. expires APR 16, 1985 (This area for official notarial seal) TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT 12 CERTIFICATION OF COMPLIANCE 16 LABOR AND MATERIALS BOND 18 PERFORMANCE BOND 20 GENERAL PROVISIONS 22 SPECIAL PROVISIONS 28 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 3:00 PM on the 20th day of February, 1985 at which time they will be opened and read for performing the work as follows: POLICE FIRING RANGE CONTRACT NO. 3159 The work shall be performed in strict conformity with the speci- fications therefor as approved by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the Contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be completed, properly executed, and notarized are: 1. Proposal 2. Bidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $ 29,000 No bid shall be accepted from a Contractor who has not been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the proposal. Plans, special provisions, and Contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, for a nonrefundable fee of $9.25 per set. Page 2 The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the Contract for work. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) of the Contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 7996 , adopted on the 22nd day of January , 1 9 85 . Dtfte / ' Aletha L. Rautenkranz, City Clrfrk CITY OF CARLSBAD CONTRACT NO. 3159 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. _ 31 59 _ in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: Article w/Unit Price or Lump Sum Written in Words Clearing and Grubbing complete in place at cents per Lump Sum. 12" Diameter 16-Gauge C.M.P. complete in Place at _ dollars -/y \S£ cents per Linear Foot. 4" P.C.C. Lane including Fine Grade complete in place at _ • - dollars— S/K cents per Square Foot. 2" x 4" Redwood Header complete in place at dollars cents per Linear Foot. Approximate Quantity & Unit L.S. 95 L.F. 480 S.F. 340 L.F. Unit Price TOT A L 0® >• ^ >/ 4.94 Page 4 Item No. 5. 6. 7. 8. 9. 10. Article w/Unit Price or Lump Sum Written in Words Excavation and Grading complete in place at d o 1 lars A ™"per Lump Sum. ' Asphalt Concrete Paving complete in place at dollars ________ cents per Ton. 3/8" Gravel complete in place at _ dollars _ cents per Ton. 48" Chain Link Fence with Gate complete in place at dollars cents per Linear Foot. 4" Diameter X 18" A.B.S. Pipe complete in place a t^H^/^^V/^&C^Xy/^.fl^l lars & (&/& c e n t s per Each. 1 1/2" Diameter \ 4.5' Galvanized Post Complete in Place dollars & cents per Each. Approximate Quantity & Unit 100 a ^b ons 110 Tons 200 L.F. 10 Ea. 7 Ea. Unit Price TOTAL L.S. Estimated Cut 840 C.Y. ' ~* Fill 3500, C.Y 00 /6.00 Total amount of bid in words: Total amount of bid in numbers: $ TWd r//0t/£AUO £> Addendum (a) No(s) received and is/are included in this proposal. has/have been Page 5 All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the Undersigned in making up this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of Award of Contract by City Council of the City of Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of Californi providing for the registration of Contractors, License No. Identification The Undersigned bidder hereby represents as follows: 1. That no Councilmember, officer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents or employees, has induced him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is (Cash, Certified Check,Bond,o~rCashier's Check) in an amount of not less than ten percent (10%) of the total bid price. Page 6 The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract . The Undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. PHone Number Date Bidder ' s .Alame Authorized Signature Bidder's Address Authorized Signature Type of Organization (Individual, Corporation, Partnership) List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: /**/£>/ V/Dt/A L- ,_ (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) (CORPORATE SEAL) Q. O O 0) STATE OF CALIFORNIA COUNTY OF San Bernardino ss. On February L9_, 1555 .before me, the undersigned, a Notary Public in and for said State, personally appeared BrentOn Lee Rhoades CO (0 ooCO personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signatured "•»^j*"*' t^r- OFFICIAL SEAL TERESA C RICCITELLI NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY , My comm. expires APR 16, 1985J ^^^^y^^^y^^^^^^^'"' (This area for official notarial seal) aa oO CD STATE OF CALIFORNIACOUNTY OF San Bernardino On February 19, 1985 said State, personally appeared _,before me, the undersigned, a Notary Public in and for Lee Rhoades < ooCO personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature *^ Jt^JL OFFICIAL SEAL TERESA C RICCITEIL! NOTARY PUBLIC - CALIFORNIA SAM BERNARDINO COUNTY My comm. expires APR 16, 19854 (This area for official notarial seal) STATE f)F CALIFORNIA County of SAN DIEGO On this ) ) ss: )FEB 1 4 1985 _day of JUDY E. HARCUM before me ., a Notary Public, personally nppt>nroA RAYMOND E. GAIL personally known to me (or proved to me on the basis of satisfactory evidence) to he the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as Attorney-in-Fact. OFFICIAL SEAL JUDYE. HARCUM Notary Public-California Principal Office In San Diego County My Comm. Exp. Sept. 23, 1987 L.040EI2I2 I^i/A~S 'ubJic in and for the County of/tary P SAN DIEGO State nf CALIFORNIA L05-068548-02 BALBOA INSURANCE COMPANY 620 Newport Center Drive, Newport Beach, CA 92660 PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, Thatwe Brenton Lee Rhoades Equipment as Principal, and the BALBOA INSURANCE COMPANY, a corporation under the laws of the State of California, as Surety, ..,..,.., , City of Carlsbadare held and firmly bound unto . n... ., (hereinafter called the obligee)1U 7o Of Bid in the full and just sum of not to exceed Five Thousand & no/100 ($5,000. QO)Do1aars for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or suc- cessors, jointly and severally, firmly by these presents. Police Firing RangeWHEREAS, the said PRINCIPAL has submitted the accompanying bid for Contract #3159 NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and effect. Signed and Sealed this 14th day nf February 19 85 Brenton Lee Rhoades Equipment BALBOA INSURANCE COMPANY By T?\ VG U001R281 Attorney-ln-Fact Raymond E. Gail ^ BALBOA INSURANCE COMPANY620 NEWPORT CENTER DRIVE, NEWPORT BEACH. CALIFORNIA 92660 GENERAL POWER OF ATTORNEY Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint RAYMOND E. GAIL of.Anaheim . and State of.California its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver . CONTRACT BONDS WITH S.B.A. GUARANTEE AGREEMENT - MAXIMUM PENALTY $350,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $100,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory under- takings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its JLice_Pre sident and its corporate seal to be hereto affixedtrus _ 6th day of . December , A.D., 1984 ~ iN7>x.BALBOA INSURANCE COMPANY State of California County of Orange On this.6th _day of K.R. Huckabay %/FOK^rfec ember Patricia B. Balding _, in the year 1984 _, before me executed the within instrument as Y^S?._?£? acknowledged to me that the corporation executed it. , a notary public, personally appeared , personally known to me to be the person who , on behalf of the corporation therein named and OFFICIAL SEAL PATRICIA B. BALDING NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Commission Expires Stpt. 24.1985 IIIMUMU! Notary AA^ <B> ry Publ\ I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation."FEB 1 4 ionsGIVEN under my hand and the seal of said Company, at Newport Beach, California, this __j! day of _, 19 L20-U!1I84 Secretary Page 7 BIDDER'S BOND TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, ^ , as Principal, and ^ , as Surety, are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: 105o of the bid amount not to exceed Dollars ($ ~' T, lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: POLICE FIRING RANGE CONTRACT NO. 3159 in the City of Carlsbad, is accepted by the City Council of said City, and if the above bounden Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event any Principal above named executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this _____ day of , 19 Corporate Seal (If Corporation) Principal By. Title (Notarial acknowledgement of execution by all PRINCIPALS and (Attach acknowledgement of SURETY must be attached.) Attorney in Fact) Page 8 DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Items of Work Full Company Name Complete Address w/Zip Code Phone No. w/Area Code Page 9 DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached if required. Full Company Name Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ($ or *Licenses are renewable annually by January 1st. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed Contracts. (Notarize or Corporate Seal) Bidder's Company Name Bidder's Complete Address Autfiorized Signature Page 10 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. (Notarize or Corporate Seal) Signature toa oO ra3-0 CO ^to oo STATE OF CALIFORNIA |ss.COUNTY OF ___ SarL_Bernardino ______________ j On ____ _____ said State, personally appeared ______________ before me, the undersigned, a Notary Public in and for Brenton Lee Rhoades __ __ __ _______ _________ personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that < he/she/they executed the same. WITNESS my hand and official seal. OFFICIAL SEALTERESA c Riccimu NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUOTYMv xtosAPRlS, 1985 (This area for official notarial seal) a o 0) STATE OF CALIFORNIABernardino |ss.COUNTY OF San On February 19, 1985 .before me, the undersigned, a Notary Public in and for said State, personally appeared_JJrenton_Lee_ Rhoades CM 00 oo personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL TERESA C RlCClTElll NOTARY PUBLIC - CALIFORNIA SAM BERNARDINO COUNTY My comm. expiregAPR 16. 1985] (This area for official notarial seal) Page 11 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used, if notarized or sealed. Date Contract Completed Name and address of the Employer Name and Phone No. of Person to Contact Amount of Type of Work Contract (ft*>, 383 ftltt.(JO 06 (Notarize or Corporate Seal) Signature raQ.EoO STATE OF CALIFORNIA .r.ni iMTY OF San Bernardino February 19, 1985 COUNTY ss. .before me, the undersigned, a Notary Public in and for said State, personally appeared Brenton Lee RhoadeS oo CO personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL TERESA C RICCITEUI NOTARY PUBLIC - CALIFORNIA SflW BERNARDINO COUNTY My comm. expires APR 16, 1985 (This area for official notarial seal) Page 12 CONTRACT - PUBLIC WORKS This agreement is made this £ \ ST~ day of YY\ gu^jt^J > 1 9 5* A _, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City") and _ _ whose principal place of business is . The r e i nafter called "Contractor".) City and Contractor agree as follows: 1 . Description of Work. Contractor shall perform all work specified in the Contract documents for: POLICE FIRING RANGE CONTRACT NO. 3159 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of this Contract; the bid documents, including the Notice to Bidders, Instructions to Bidders' and Contractors' Proposals; the Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and the bonds for the project; all of which are incorporated herein by this reference. 4. Payment . As full compensation for Contractor's performance of work under this Contract, City shall make payment to Contractor as follows: On a unit-price basis as shown on the proposal attached hereto and made a part hereof. Page 13 Payment of undisputed Contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this Contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this Contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advance the amount of additional compensation to be paid for the work. If a change order deletes any work, the Contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nevertheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order Page 14 changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. 8. Prevailing Wage. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the Contract and a schedule containing such information is in the City Clerk's office, and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from the performance of the Contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, regardless of responsibility for negligence. The expenses of defense include all costs and expenses, including attorneys' fees, for litigation, arbitration or other dispute resolution method. Nothing in this paragraph shall require Contractor to indemnify City for losses caused by the active negligence of City. 10. Insurance. Contractor shall maintain insurance covering the liability stated in Paragraph 9 in the amount acceptable to the City Council and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this Contract taken out by Contractor. 11. Workers* Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this Contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules Page 15 of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make available to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Security. Pursuant to the requirements of law (Governement Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this Contract or any obligation established by this Contract. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons" attached hereto and made a part hereof. (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) Contractor Seal) Title Title CITY^OF CARLSBAD, CALIFORNIA Mayor ATTEST: City Clerk Page 16 CERTIFICATION OF COMPLIANCE I hereby certify that .5>e«r/t/>y/<-/ Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. Dat/e ' Signature^ (Seal) (NOTARIZE OR CORPORATE SEAL) Title (Notarial acknowledgement of execution by all principals must be attached.) cCOQ.EoO 0} _co CD oD STATE OF CALIFORNIACOUNTY OF San Bernardino on 3/13/85 said State, personally appeared Brenton Lee Rhoades .before me, the undersigned, a Notary Public in and for \^JUijJ^^r*. personally known to me (or proved to me on the basis of satis- 4pfactory evidence) to be the person(s) whose name(s) is/are sub- j|t scribed to the within instrument and acknowledged to me that * he/9fce/tb«y executed the same. jj WITNESS my hand and official se, Signature ~SHEHA~ABRAMSC*r NOTARY PUBLIC - CALIFORNIA BOND FILED IN SAN BERNARDINO COUNTY (This area for official notarial seal) aEoO STATE OF CALIFORNIA COUNTY OF San Bernardino |ss. On__yi .before me, the undersigned, a Notary Public in and for said State, personally appeared Brenton Lee RhoadeS CO3•o CMCO personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that the same. WITNESS my hOTd and official/Seal SHEILA ABRAMSON NOTARY PUBLIC - CALIFORNIA MY COMMISSION EXPIRES MARCH 79 IQflfl (This area for official notarial seal) Page 17 Contractor's Certification of Awareness of Workers' Compensation Responsibility. "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor < ffl3T3 OO STATE OF CALIFORNIACOUNTY OF San Bernardino on 3/13/85 _,before me, the undersigned, a Notary Public in and for said State, personally appeared-Brenton Lee. Rhoades personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- ' scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand/and official seal. Signature SHEILA ABRAA&3ON NOTARY PUBLIC - CALIFORNIA BOND FILED IN SAN BERNARDINO COUNTY (This area for official notarial seal) 01 naa 016806 Executed in' Four Parts Page 18 LABOR AND MATERIAL BOND KNOW ALL PERSONS 3Y THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 7996 , adopted 1/22/85 has awarded to Brenton Lee Rhoades Equipment (hereinafter designated as the "Principal"), a Contract for: POLICE FIRING RANGE CONTRACT NO. 3159 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond with said Contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used,:,in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Brenton Lee Rhoades Equipment , as Principal, (hereinafter designated as the "Contractor"), and Ba 1 _b_p_a_ Insyranee Company as Surety, are held firmly bound unto the C~ity of Carlsbad in the sum of Forty^Two_J_ho_y_sand Nine Hundred and Twenty-Six &50/100 Dollars ($42_>_92j5.j>_Q7 s~aid sum being one hundred per cent (1 0 0 ?f) of the estimated amount payable by the City of Carlsbad under the terms of the Contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. Page 19 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS Contractor VJHEREOF, this instrument has been duly executed by and Surety above named, on the llth ,jay Of March the Brenton Lee Rhoades Equipment (Notarize or Corporate Seal for each Signer) Contractor Balboa Insurance Company Surety Q.aoO to STATE OF CALIFORNIACOUNTY OF San Bernardino __ On •.before me, the undersigned, a Notary Public in and for said State, personally appeared -g£eafe©n-JL@e-JRhoadeS ra3T3 (N CO O O personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are subll scribed to the within instrument and acknowledged to me thai he/s4*e/tt*ey executed the same. WITNESS myh Signat (This area for official notarial seal) STATE CALIFORNIA SAN DIEGO ) ) ss: ) On this jday of MAR 1 1 1985 J9_ JUDY E. HARCUM before me ., a Notary Public, personally nppenred RAYMOND E. GAIL personally known to me (orproved to me on the basis of satisfactory evidence) to b.e the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as Attorney-in-Fact. OFFICIAL SEAL JUDY E. HARCUM Notary Public-California Principal Office In San Diego County My Comm. Exp. Sept. 23, 1987 Notary Public in and for the County of SAN DIEGO State "f CALIFORNIA Executed in Four Parts #01 naa 016806 / Page 20 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 7996 y adopted 1/22/85 has awarded to Brenton Lee Rhoades Equipment _ (hereinafter designated as the "Principal") , a Contract for: POLICE FIRING RANGE CONTRACT NO. 3159 in the City of Carlsbad, in strict conformity with the drawings and specifications and other Contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance of said Contract; NOW, THEREFORE, WE, Brenton Lee Rhoades Equipment , as Principal, (hereinafter designated as the "Cont r act or""")", and Balboa Insu r am:e__Comp_a.r\i_y ,•• as Surety, are held and~ firmly bound unto the City of Carlsbad, in thesum of Forty-Two Th ojjs jjul, _N 1 n e _ H u nd,r e d _ & _ Tw_ejity^.S, i x D ollar350/100 (^42,926.50 J~~p said sum being equal to one hundred per cent (100%J of the estimated amount of the Contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truiy keep and perform the covenants, conditions, and agreements in the said Contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the tine and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it s IT all remain in full force and virtue. Page 21 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the Contract or to the work or to the specifications. In the event that any Contractor-.above named executed this bond as an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 11th (jav of March 19 85 . Brenton Lee Rhoades Equipment (Notarize or Corporate Seal for Each Signer) Contractor Balboa Insurance Company Raymond E. Gail, Attorney in Fact Surety D. Oo CD STATE OF CALIFORNIA COUNTY OF On March 13> 1985 .before me, the undersigned, a Notary Public in and for said State, personally appeared Brenton Lee Rhoqdps < CO00 O Oco personally known to me (or proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my ha. Signal SHEJLA ABRAMSON NOTARY PUBLIC - CALIFORNIA BOND FILED IN SAN BERNARDINO COUNTY _MY COMMISSION EXPIRES MARCH 29, 1988 (This area for official notarial seal) STATE OF CALIFORNIA County of SAN DIEGO On ) ) ss: ) .day of 1985 J9_before me JUDY E. HARCUM ., a Notary Public, personally nppe.arp.ti RAYMOND E. GAIL pensnnally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney-in-Fact of the Balboa Insurance Company, and acknowl- edged to me that he subscribed the name of the Balboa Insurance Company thereto and his own name as A ttorney-in-Fact. OFFICIAL SEAL JUDY E. HARCUM Notary Public California Principal Office In San Diego County My Comm. Exp. Sept. 23, 1987 Nornry Public in and for the County of SAN DIEGO State nf CALIFORNIA Page 22 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents, and the General and Special Provisions attached thereto. The Construction Plans consist of two sheet(s) designated as City of Carlsbad Drawing No. 247-9. The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. B. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where words "directed", "designated", "selected" or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer" unless stated otherwise. Page 23 D) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer" unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. E) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment, and transportation. 4. CODES AND STANDARDS Standard Specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the "Notice to Proceed" letter is not met by the Contractor, he will be assessed the daily salary of the City Inspector for each working day beyond the completion date, as damages. Page 24 Coordination with the respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a "Notice to Proceed" and shall diligently prosecute the work to completion within 35 consecutive calendar days from the date of receipt of said "Notice to Proceed." 6 . NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two (2) copies to the City Engineer. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this Contract. Page 25 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical, or other characteristics, and its durability, finish, or efficiency by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, Page 26 erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The grading permit, will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. Page 27 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances, and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC American Standards Association ASA American Concrete Institute ACI Underwriters Laboratories, Inc. UL Department of Commerce Standards CS Page 28 SPECIAL PROVISIONS 1 . CLEARING AND GRUBBING Clearing and grubbing shall include, but not be limited to, the removal and disposal of all asphalt berms, concrete slabs, concrete curbs, gutters, sidewalks, driveways, trees, or shrubs, and any other deleterious matter necessary to accomplish the construction of the improvements as shown on the Plans and as specified in these Special Provisions. Material removal shall conform to the requirements of Section 300-1 of the SSPWC and these Special Provisions. Payment; The Contract unit price paid as shown on the proposal for clearing and grubbing shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and as detailed on the Plans, and no additional payment will be allowed therefore. 2. EXCAVATION AND GRADING A. Earthwork shall conform to the requirements of Section 300- 2 of the SSPWC and these Special Provisions. B. All fill material, whether imported or from on-site sources, shall be free of trash, vegetable matter, rocks larger than one inch (1") in any dimension, or other deleterious substances as determined by the City. The fill material used for the 1:1 slopes shall have a clay content in excess of 35%. C. Trees designated to remain shall be protected. Soil shall not be piled or compacted within the drip line of the trees, except as directed by the Engineer. The Contractor shall be held responsible to replace trees damaged in any way by their operation with trees of a similar species and size. D. Grading shall be within plus or minus 0.1 foot of final elevations. E. All soil receiving fill shall be scarified and recompacted to a depth of 9". Soils beneath the pavement areas shall be scarified to a depth of 9". F. Compact all fill and scarified areas to a minimum of 9035 of the maximum dry density when tested in accordance with ASTM D1557. Page 29 G. Compact areas designated for vehicular use to a minimum of 95% of the maximum dry density when tested in accordance with ASTM D1557. H. Fill material shall be brought to the optimum moisture content prior to compaction. No fill work is to be done during unfavorable weather. I. Density tests shall be per Standard Specifications, and taken in areas and numbers as directed by the City Inspector. These tests shall be paid for by the Contractor and shall be included in his price bid for Excavation and Grading. J. Payment for this work shall be included in the price bid for Excavation and Grading, and no additional payment will be made. 3. FINISH GRADING A. Before and during finish grading, all weeds and grasses shall be dug out by the root and disposed of off the site. B. Finish grading shall consist of finishing surfaces by raking smoothly and evenly, and removing and disposing off- site all extraneous matter to facilitate natural run-off water. C. The moisture content of the soil shall be so near optimum that proper compaction can occur; nor be so dry that a dust will form in the air or that clods will not break easily. D. Finish grade shall be smooth, even, and uniform with no abrupt change in surface. Low spots shall be graded to drain properly. E. Payment for finish grading shall be considered included in the price bid for excavation and grading, and no additional payment will be made therefor. 4. HERBICIDE A. Apply herbicide to all interior 1:1 slopes and areas under crushed rock and asphalt. B. Type of herbicide used must be dichobenil, commercially known as Casoron 4G or Dyclomec 4G. It shall be applied evenly at a rate of eight pounds per 1,000 square feet. C. Payment for herbicide shall be considereed included in the price bid for other items, and no additional payment will be made therefore. Page 30 5. CONCRETE WORK Description: This work shall consist of furnishing, placing, and finishing concrete sidewalk, lug, and miscellaneous concrete work, all to the form and dimensions called for and where indicated on the Plans, and also to the grades shown on the Plans and established by the Engineer. Materials; Concrete shall conform to Section 201 of the SSPWC Construction; Construction shall conform to the provisions of Section 303 of the Standard Specifications. Compact areas designated for concrete to a minimum of 95S» of the maximum dry density when tested in accordance with ASTM D1557. Payment; The Contract unit price paid as shown on the proposal for concrete work shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and as detailed on the Plans, and no additional payment will be allowed therefor. 6. REDWOOD HEADERS Redwood lumber shall conform to the Provisions of Section 204 of the SSPWC Payment shall be per the Contract unit price as shown on the proposal for redwood header and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and as detailed on the Plans, and no additional payment will be allowed therefor. 7. FINAL CLEANUP The construction site shall be left in a neat and presentable conditions. The cost of site cleanup shall be considered as included in Other Items of Work, and no additional payment will be made therefor. 8. STORM AND GROUNDWATER DAMAGE The Contractor shall, throughout the entire term of the contract, assume all risks and expenses of interference and delay in the operations, and the protection from or the repair of damage to improvements being built by the Contractor under the contract as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground, or other sources. However, the Contractor may also assume full Page 31 responsibility and expense of protecting or removing and returning to the site of work, all equipment or materials under his/her care endangered by any action of the elements. Furthermore, the Contractor shall indemnify and save harmless the City against all claims or suits for damage arising from his/her operations in dewatering the work and control of water. Should a storm occur prior to the date upon which the work is completed, and should debris or other materials be deposited as a result of said storm in or upon any works or improvements of whatever nature constructed under the contract, the Contractor shall immediately remove and dispose of such deposited material and no additional payment for such removal and disposal will be made. The Contractor shall, at all times, when rainfall or other drainage flows are occurring on the project, have supervisory personnel and workers on duty. During such times, the Contractor shall have readily available sufficient material and equipment to protect the public from danger, and to protect the project work, as well as private or public property from damage. The cost of such work is included in the unit price bid for the Various Items of Work, and no additional payment will be made therefor. 9. 12" C.M.P. Description; This work shall consist of furnishing and placing 12" diameter corrugated metal pipe with bituminous coating, all to form and dimensions called for and where indicated on the Plans, and also to the grades shown on the Plans and established by the Engineer. Materials; C.M.P. and bituminous coating shall conform to Section 207-11 of the SSPWC. Pipe shall be 16-gauge. Construction; Construction shall conform to the Provisions of Section 306-1 of the SSPWC. Payment; The Contract unit price paid as shown on the proposal for 12*' C.M.P. shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals including concrete lug to accomplish the work as specified herein and as detailed on the Plans, and no additional payment will be allowed therefor. Page 32 10. ASPHALT CONCRETE PAVING A. Asphalt concrete shall be Type I-B-AR-4000 and shall conform the requirements of Sections 203 and 302 of the SSPWC. B. Aggregate shall conform to Subsection 203-6.3.2 and shall be Type I, Class B. C. A tack coat shall be applied on abutting concrete surfaces, along the saw cut and on existing pavement to be resurfaced at the rate of 0.10 gal/SY. The tack coat shall be Type SS1 asphaltic emulsion. D. A seal coat shall be applied to the finished surface at the rate of 0.10 gal/SY. The seal coat shall be Type SS1 asphaltic emulsion with a 60-70 grade liquid asphalt. E. Before final acceptance of the work, the Contractor shall, at the request of the Engineer, test any paved areas for correct water run-off by flooding with water from hydrants. Any area where water remains standing shall be brought to correct grade to prevent ponding. F. Contractor shall have compaction testing done on asphalt paving per Standard Specifications by a soil testing firm approved by the City. G. Compensation for the asphalt concrete paving, including seal, tack coats and compaction testing complete and in place, shall be included in the unit price bid for asphalt concrete paving and no additional payments will be made therefor. Tickets may be accepted if signed by the City Inspector at the time of delivery. In any case, the payments for such material shall not exceed the bid quantities unless a Change Order is issued for additional work. 11. 3/8" CRUSHED ROCK Description; This work shall consist of furnishing, placing, and finishing 3/8" crushed rock, all to the form and dimensions called for and where indicated on the Plans, and also to the grades shown on the Plans and established by the Engineer. Materials; Crushed rock shall conform to Section 200 of the SSPWC. Payment; The Contract unit price paid as shown on the proposal for 3/8" crushed rock shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and as Page 33 detailed on the Plans, and no additional payment will be allowed therefor. Tickets may be accepted if signed by the City Inspector at the time of delivery. In any case, the payments for such material shall not exceed the bid quantities unless a Change Order is issued for additional work. 12. 48" CHAIN LINK FENCE Description; This work shall consist of furnishing, placing, and finishing a 48" chain link fence, all to the form and dimensions called for and where indicated on the Plans and also to the grades shown on the Plans and established by the Engineer. Materials; Materials shall conform to Section 206-6 of the SSPWC Construction; Construction shall conform to the provisions of Section 304-3 of the Standard Specifications. Payment: The Contract unit price paid as shown on the proposal for a 48" chain link fence shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified herein and as detailed on the Plans, and no additional payment will be allowed therefor.