HomeMy WebLinkAboutRick's Excavating Inc; 1980-09-17; 1081CITY OF CARLSBAD
SAN DIEGO COUNTY
CALIFORNI A
CONTRACT DOCUMENTS S SPECIFICATIONS FOFl
HOME PLANT SEWER PUMP STATION UPGRADE
CONTRACT NO. 1081
JULY, 1980
"'
TABLE OF CONTENTS.
* . -
PAGE ITEM
1 NOTICE INVITING BIDS '• • • .
3 PROPOSAL
• 6 BIDDER'S BOND TO ACCOMPANY PROPOSAL>•
7 DESIGNATION OF SUBCONTRACTORS
9 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
10 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND
EXPERIENCE
11 CONTRACT
14 LABOR AND MATERIAL BOND
16 PERFORMANCE BOND ...
18 GENERAL PROVISIONS
22 SPECIAL PROVISIONS
Page 1
CITY OP CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS .'•
Sealed bids will be received at the Office of the City
Clerk, City Hall, 1200 Elm Avenue, Carlsbad, California, until
4:00 p.m. on the J3th_ day of August , 19 80, at which
time they will be opened and read for performing~EH"e work as
follows: •
HOME PLANT SEWER PUMP STATION UPGRADE
CONTRACT NO. 1081
Said work shall be performed in strict conformity with the
specifications therefor as approved by the City Council of the
City of Carlsbad on file in the Engineering Department. Refer-
ence is hereby made to said specifications for full particulars
and description of said work.
No bid will be received unless it is made on a proposal'
form furnished by the Engineering Department. Each bid must
'be accompanied by cash, certified check or bidder's bond made
payable to the City of Carlsbad for an amount equal to at least
ten percent (10%) of the amount of bid; said guaranty to be for-
feited should the bidder to whom the contract is awarded fail
to furnish the requiied bonds and to enter into a contract with
the City within the period of time provided for by the bid re-
quirements.
The documents included within the sealed bids which require
completion and execution are the following:
1. Proposal
2. Bidder1s Bond ' . .
3. Designation of Subcontractors '<•"
4. Bidder's Statement of Financial Responsibility
5. Bidder's Statement of Technical Ability and Experience '-.
' Said documents shall be affixed -with the appropriate, nota-
rized signatures and titles of the persons signing on behalf
of the bidder. For corporations, the signatures of the presi-
dent or vice-president and secretary or assistant secretary are
"required and the corporate seal shall be affixed to all docu-
ments requiring signatures. In the case of a -partnership, the
notarized signature of at least one general partner is required.
All bids are to be compared on the basis of the Engineer's
estimate. The estimated quantities arc approximate only, being
given solely as a basis for the comparison of bids.
No bid will be accepted from a contractor who has riot been
licensed in accordance with the provisions of Chapter 9, Divi-
sion 3 of the Business and Professions Code. The contractor
shall slate his/her license number and classification in the pro
posal. The estimated cost of the work is $35,1)00.
Page 2
» Plans , special provisions arid contract documents may be
obtained at the Engineering Department, City- Hall, Carlsbad,
California, at no cost to licensed contractors for the first
set. Additional sets are available for a non-refundable fee
..$6 per set. :
The City of Carlsbad reserves the right to reject any or
-all bids and to waive any minor irregularity or informality
in such bids.
• . /
The general prevailing rate of wages for each craft or
type of workperson needed to execute the contract shall be
those as determined by the Director of 'Industrial Relations
pursuant to the State of California Labor Code, Part 7, Chap-
ter 1, Articled, Sections 1770, 1773 and 1773.1.
Pursuant to Section 1773.2 of said Labor Code, a current
copy of applicable wage rates are on file in the Office of the
City Clerk of the City of Carlsbad.
«
.It shall be mandatory upon the contractor to whom the
contract is awarded to pay not less than the said specified
prevailing rates of wages to all workpersons employed by him/
her in the .execution of the contract.
Also, the prime contractor shall be responsible to insure
compliance with provisions of Section 1777.5 of the California
Labor Code of the State of California for all occupations with
' apprenticeships as required on public works projects above thirty
thousand dollars ($30,000)- or twenty (20) working days or for
specialty contractors not bidding for work through a general or
prime contractor involving more than two thousand dollars ($2,000)
or more than five (5) i^orking days.
The amount of the bond to be given for the faithful perform-
ance of the contract for said work shall be one hundred percent
(100%) of the contract price therefor, and an additional bond in
the amount equal to fifty percent (50%) of the contract price for
said work shall be given to secure the payment of the claims for
any material or supplies furnished for the performance of "the
work contracted to be done by the contractor for any work or labor
of any kind done thereon. ' •
Partial and final payments on this contract shall be in ac-
'cordance with Section 9 of the 1979 edition of- "Standard Specifi-
cations for Public Works Coiistruction. "
• Approved by the City Council of the City of Carlsbad, Cali-
fornia, by Resolution No. 6218 adopted on the 1st day of
July 19 80.
i.U.;Kiv/
1VOO ELM AVENUE
CARLSBAD, CALIFORNIA 92008
CERTIFIED
MAIL
Tl;L<THONE:
(714; 438-5621
Citp of Cartefcab
AUGUST 1, 1980
TO: ALL PLANHOLDERS
t
SUBJECT: ADDENDUM NO. 1
PROJECT: CONSTRUCTION OF HOME PLANT SEWER'PUMP STATION UPGRADE
CONTRACT MO. 1081
The following changes shall be made to the project plans:
1. The Inside slope of the storage basin shall be changed from
1:1 to 1i:1 keeping the top dimensions to the basin the same.
2. The 8" PVC pipe to the base of the basin shall be lengthened
approximately five feet from 58 feet to 63 feet.
3. The basin lining shall be changed from"three inches' ABM to
six.inches air placed concrete.
k. The soi 1 beneath the proposed fill areas shall be excavated
and recompacted to 30% compaction for a minimum depth of four
feet.
David A. Mauser
Associate Civil Engineer
DAH-.VEB
Page 3
CITY OF CARLSBADV
CONTRACT NO. 108'1 '"
PROPOSAL
• City Council . . •
City of Carlsbad • .
1200 Elm Avenue ' , •
Carlsbad, CA 92008 .
The undersigned declares he/she has. carefully examined the .
location of the work, read the Notice Inviting Bids, examined
the plans and specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation and services required
to do all the work to complete Contract No. 1080 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:
Item Article with Unit Price or " Approximate
Mo. Lurno Sum Written i^ .Words __ Quantity 5 Unit _ TOTAL
CONSTRUCTION OF THE SEWAGE • «
STORAGE BASIN COMPLETE IN • • . .
PLACE INCLUDING ALL PIPING,
VALVES, LANDSCAPING, IRRIGA-
TION, FENCES AND APPURTENANCES
AS SHOWN ON THE PLANS AND AS */ ^
SPECIFIED IN THE SPECIFICATIONS L.S. ~ 3 1. *? ^ Z-
' TU i i^Tx A/ / A/ te TKl<a.
Dollars
Cents
PER LUMP SUM
4- .Addcndum(a) No(s), / ; has/have been received and
is/are included in this proposal.
Page 4
, ' All bids are to be computed on the b'a.si-s of the given es-
timated quantities of work, as indicated"'in this proposal, times
the unit price as submitted by the bidder. In case of a dis-
crepancy between words and figures, the words shall prevail.
In case of an error in the extension of a unit price, the cor-
rected extension shall be calculated and the bids will be com-
puted, as indicated above and compared on the basis of the. cor-
rected totals.
The estimated quantities of work indicated in this proposal
are approximate only, being given solely as a basis for compari-
son of bids. •
f
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 poli-
cies within twenty (20) days from the date of award of contract
by City Council of the City of Carlsbad, the proceeds of check
or bond accompanying this bid shall become the property of the
City of Carlsbad.
Licensed in accordance with the Statutes of the State of
California providing for the registration of contractors, Li-
cense No. .£2-, Identification "ft" '
The undersigned bidder hereby represents as follows: (1)
That no Councilperson, officer, agent or employee of the City of
Carlsbad is personally interested, directly or indirectly, in
this contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its of-
ficers, 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
or cashier's check)
in an amount not less than ten percent (10.%) -of the total bid
price.
The undersigned is aware of the provisions of Section 3700
of the L'abor 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,
nnd agrees to comply witli such provisions before commencing the
performance of the work of this contract.
Page 5
• Phone Mumber Bidder's Uame
Authorized Sicynature
Bidder's Address
ignature
Type of Organisation.
• (Individual, Corporation, Co-
partnership)
List belov; names of'President, Secretary, Treasurer and Manager if a
corporation, cind names of all co-partners if a co-partnership:
• • • • . - - f . . , f . • t
JsLu^^Ju^
U. ft.
.sf 7 'A TE ui-' ...California ----
.
County of -Las— AnGtfi1e--s • --
On tlii*_day of
W.J. Shupper
r' .__„ liOU.,_.. before me
a Notary I'uliltc in and for the said
County of L°S Anggles State uf CA1A!r.91:n-i^L -„ /vsu/<«« therein. July commissioned
and sworn, personally appeared Cathy j*L. Batsel 1_. „*„„«„ iu /IK- I,, fc,-t^' An^y-in-Fuct of the
Bulboa Insurance Company, the corporation that executed the within inslrn^/l./and^yuneledgedtu me
that he
1L002ZR776
Company theretul hi,
OFFICIAL SEAL
W.J. SHUPPER
IMOl.MIV I'iHHIC--CAl.ir-OHNIA
PRINCIi'AL OrriCE IN
LOS AHGLLES COUNTY
My Cuwpission Expires July 1.1903
.\Uurney-.n-l-ucl.
.%
Notary i'ulilic, ipui/fd for thej/ounty of
Los_Angeles(/. State Jf—. California
STATE OF CALIFORNIA
COUNTY OF San Die8°
OFFICIAL SEAL
KATHLKN M. FAGER
PiJT.-.«Y PUBLIC • CALIFORNIA
PRINCrFAt OFFICE IN
SAN OIECO COUNTY
My Commission Eipires AUGUST 29.1983
|ss
a.. 1980 ..................... ....... ................................... ( 19 ...... f before mer the
undersigned, a Notary Public in andior said County and State, personally appeared
. H^P....WQ.o.4 .................. . ....... ...... >.:/..'. ....................................... known to me to be the
Treasurer
the Corporation that executed the within instru-
ment and the officers who executed the within instrument on behalf of the Corpora-
tion therein named, and acknowledged to me that such Corporation executed the
within instrument pursuant to its By-laws or a Resolution of its Board of Directors.
CORPORATION ACKNOWLEDGMENT
Form No. 14
Notary's
Type or Print Notary'. Nam*.... Kathleen M.___Fajgfer
COPY
Y
TO 1944 CA (8-74)
(Individual)
STATE OF CALIFORNIA
' COUNTY OF
On
\
X
u
<
in
.1
1 SS.
INSURANCE
AND TRUST
ATICOR COMPANY
rr~ (A. 3. *—'?, / £' $& before me, the undersigned, a Notary Public in and for said
State, personally appeared ___,
A*. P. co doc/
. g , known to me
to be the person whose name / -S subscribed
to the within instrument and acknowledged that f~f tz
executed the same.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
Page 6
BIDDER'S BOND TO ACCOMPANY PROPOSAL *~J°
KNOW ALL PERSONS BY THESE PRESENTS:
. ' That we, f\ (c fc 5 £-% 0. *? U tf Tl ^ Q / w _fl. O » as Principal,._^ ^ -i y
and p/9- 6 /^ o/J 0>V) 9J r /l a )C.&. __> as Surety, are held
and firmly bound unto the City of Carlsbad, California, in the sum/6 /b 6V- ft M.OU AJT 16 / O njbT T* <^ y-C€.£P '.
°^ lLQsi£f__i/i(Oc^r/9~?'-M £V<r/ /vL—l^tJ*>i &/*c^ ^^/ A^M Mj/fo&T^^.Dollars
($ ^If^dO, $& ), lawful money of the United States for the pay-
ment of which sum well and truly to be made, we bind ourselves,
jointly, and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH:
That if the proposal of the above-bounden principal for:
HOME'PLANT SHIVER PUMP STATION UPGRADE
CONTRACT NO. 1081
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) clays from the date of award of con-
tr.act 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 Prin-
cipal shall not exonerate the Surety -from its obligations under
this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
day of y}-uq pfT , 19 S) . .
/^y^y is^'Jtfy/>
Corporate Seal (if corporation) K/GKS _cr
Surety *
By CsMufn i^nM^ H.P.
acknowledgement of exc
r cut ion by all PRINCIPALS arid
Attach Power of Attorney
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660
GPA.1424
GENERAL POWER OF ATTORNEY
POWER OF ATTORNEY VALID
ONLY IF NUMBERED IN RED
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 : ; : ;
' CATHY M. BATSELL
of_San Diego .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 (S.B.A. Guarantee Agreement) - $200.000.00 - __
LICENSE.& PERMIT BONDS - $50,000.00; MISCELLANEOUS - $50.000.00;
CONTRACT BONDS - $50.000.00: COURT BONDS - $50.000.00; FIDUCIARY BONDS
$50,000.00 . __
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
. , , OF NO. FURTHER EFFECT AFTER DECEMBER 31. 1980"
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 Attorney(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 undertakings 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_
Vice President and its corporate seal to be hereto affixed this_19th
November day of
State of California
County of Orange
On this
William Palqutt
that he resides inVice President
before me personally came
to me known, who, being by me duly sworn, did depose and say,
Mission Vie.io. California . that he is
of BALBOA INSURANCE COMPANY, the company described in and which
executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
OFFICIAL SEAL
i KIMBERLY A. FORREST
NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Expires Aug. 22. 1983
Notary Public
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 Maich 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
this 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."
GIVEN^'nder by hand and the seal of said Company, at Newport Beach, California, this
**••! \ QCO 1C) V , 19 f_j J_
THIS POWER OF ATTORNEY EFFECTIVE ONLY
/ r. C •' • ~1 I i < " fIF ATTACHED TO BOND NO.L-O^, '-oil -^ k>
It,day of
B29C672
ejukb- Q&x£Ji<
( I (_/ Secretary
p—^ f
Page 7
•DBS I GNAT 1 ON OF SU_BC ONTO ACTOR S_
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 Public Works Administrator, and in
accordance with applicable provisions.of the specifications. No
changes may be made in these subcontractors except upon the prior
approval of the Public Works Administrator of the City of Carlsbad.
The following information is required for each subcontractor. Ad-
ditional page can be attached if required. .
Full
Item(s) Company Complete Address Area Code §
of Work Name with 7in r^Ae Phone Ho.
£o^£^_^jL^ 10 7
CvA. ^.7.040
*±/
BALANCE SHEET AT JULY 31 , 1980
4421 Glacier Avenue/San Diego, California 92120 , ASSETS
CURRENT ASSETS.
' CASH IN BANK
CASH IN SAVINGS
ACCOUNTS RECEIVABLE
TOTAL CURRENT ASSETS
EQUIPMENT
MACHINERY
FIXTURES
DEPRECIATION
NET EQUIPMENT
** REAL ESTATE
LAND, 1+1+21 GLACIER AVE.
ULRIC ST
HIGHLAND AVE #380
HIGHLAND AVE #i+80
QUINCE ST
NET LAND
BLDG; *4*+2l GLACIER AVE
DEPRECIATION
NET BLDG.
3,61+5.971,612.81
179,052.786,000.00
90.260.80
1+5,000.0055,5oo.oo
10,000.00
27,000.00
2.1+00.00
31,000.00
M-.133.08
TOTAL ASSETS
LIABILITIES
CURRENT LIABILITIES
BANK LOAN
ACCOUNTS PAYABLE
ACCRUED PAYROLL TAX
ACCRUED WITHHOLD TAX
TOTAL CURRENT LIABILITIES
EQUIPMENT CONTRACTS
G. E. CREDIT CORP.
G. E. CREDIT CORP.
BANK OF AMERICA
TOTAL EQUIPMENT CONTRACTS
TRUST DEEDS & NOTES
REAL ESTATE
LOAN FROM H. P. WOOD
TOTAL TRUST DEEDS & NOTES
TOTAL LIABILITIES
EQUITY
COMMON STOCK
PAID IN SURPLUS/EARNINGS
INCOME FOR PERIOD
$11,000.00
17,739.83
3,726.69
3.875.90
2*+, 1+72.1+0
582.92
5.250.00
158,265.6*+
29.311.31+
1+0,960.00
21,11+5.72
(5.1+79. fflO
TOTAL LIABILITIES & STOCKHOLDERS EQUITY
*"SEE NOTE ON SHEET //2H I
1$
,791.
9^,791.9^
139,^00.00
26.866.92
$310,850.80
30,305.32
187.576.98
$25l+,22l+.92
.56,626408
$310,850.30
-1421 Glacier Avenue/San Diego, California 92120
NOTE TO BALANCE SHEET OF JULY 31 , 1980
REAL ESTATE IS CARRIED ON BOOKS WITH A VALUE OF $166,266.92
MARKET VALUE OF REAL ESTATE IS;
GLACIER AVE
HIGHLAND 380
ULRIC ST
HIGHLAND H80
QUINCE
$125,000.00
2^,000.00
90,000.00
40,000.00
10.000.00
TRUE MARKET VALUE OF REAL ESTATE
DIFFERENCE BETWEEN BOOK VALUE & MARKET VALUE
|290fOOO.OO
in 23,733-08
4421 Glacier Avenue/San Diego, California 92120
INCOME STATEMENT; JANUARY 1, 1980 THRU JULY 31,1980
INCOME
GRADING OF LAND
OTHER INCOME
TOTAL INCOME
OPERATING EXPENSES
SALARIES
WAGES PAID
EQUIPMENT RENTAL
MATERIAL
FUEL
REPAIRS
LICENSE
FEES
LEGAL
OFFICE EXPENSE
UTILITIES
OPERATING EXPENSE
PAYROLL TAX
OTHER TAX
PUBLIC .AT IONS
INSURANCE
PENALTIES
INTEREST
TOTAL OPERATING EXPENSE
INCOME FROM OPERATIONS
OTHER EXPENSE
DEPRECIATION
PROFIT/LOSS FOR PERIOD
$1^,026,89
10.589.99
27,850.00
9,^77.00
59,683.993,762.56
7,026.152,297.61
7,381.852,987.70
1 ,291 .27
570.92
3,392.713,023.70
678.85
591 .01
5,013.73
235.03
12.358.7.6
59,616,
$11,529*0**
($5,^79.8*0
Page 9
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a notarized, or sealed
statement of his/her financial responsibility.
Signature
(NOTARIZE OR CORPORATE SEAL)
Page 10
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 tele-
phone numbers, which will enable the City to judge his/her
responsibility, experience and skill. An attachment can be
used if notarized or sealed.
4- i
Signature
(NOTARIZE OR CORPORATE SEAL)
Page 11
jt
j^ -'
CONTRA £T - ~'~
THIS AGREEMENT, made and entered into this ;y t*> day of
SeP-t g/v\fe£-ft » 19 p£), by and, between the City of. Carlsbad,
California, hereinafter designed as "City", party of the first
part, and Rick's Excavating Inc. hereinafter
designated as "Contractor", party of the second part.
WITNESSETH: The parties hereto do mutually agree as fol-
lows:
1. For and in consideration of the payments and agreements
hereinafter mentioned to be made and performed by City, the Con-
tractor agrees with the City to furnish all materials and labor
for:
HOME PLANT SEWEP, PUMP STATION UPGRADE
CONTPACT NO. 1081
and to perform and complete in a good and workpersonlike manner
all the work pertaining thereto shown on the plans and specifica-
tions therefor; to furnish at his/her own proper cost and expense
all tools, equipment, labor and materials necessary therefor (ex-
cept such material?, if any, as in the said specifications are
stipulated to be furnished by City), and to do everything required
by this agreement and the said plans and specifications.
2. For furnishing all said materials and labor, tools and
equipment, and doing all the work contemplated and embraced in
this agreement, also for all loss and damage arising out of the
nature of the wo'rk"aforesaid, or from the action of the elements,
or from any unforeseen difficulties which may arise or be en-
countered in the prosecution of the work until its acceptance by
the City, and for all risks of every description connected with
the work; also, for all expenses incurred by or in consequence
of the suspension or discontinuance of work, except such as in
said specifications are expressly stipulated to be borned by the
- City; and for well and .faithfully completing the work and the
whole thereof, in the manner shown and described in the said
plans and specifications, the City will pay and the Contractor
shall receive in full compensation therefor the lump sum price,
or if the bid is on the unit price basis, the total .price for
the several items furnished pursuant to the specifications,
named in the bidding sheet of the proposal, as the case may be.
3. The City hereby promises and agrees with said Con-
tractor to employ, and does hereby employ said Contractor to
provide the materials and to do the work,according to the terms
and conditions herein contained and referred to for the price
aforesaid and in accordance with the conditions set forth in the
Page 12
T
specifications'; and the said parties for themselves, their heirs,
executors, administrators, successors and 'ass-igns, do hereby
agree to the full performance of the covenants herein contained.
4... The notice to bidders, instructions to bidders, con-
tractor's proposal, and the plans and specifications, and all
amendments thereof, when approved by the parities hereto, or
when required by the City in accordance with the provisions of
the plans and specifications, are hereby incorporated in and made
a part of this agreement.
5. Pursuant to the Labor Code of the State of- California,
the. City Council has ascertained the general prevailing rates of
per diem wages for each craft or type of worker needed to exe-
cute the contract and a schedule containing such information is
included in the Notice Inviting Bids and is incorporated by ref-
erence herein.
6. The Contractor shall assume the defense of and indemni-
fy 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 responsi-
bility 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.
i
•7. Contractor shall cause the City to be named as ah addi-
tional insured on any policy of liability or property damage
insurance concerning the subject matter or performance of this
contract taken out by Contractor.
8. The Contractor shall cause the City to be named as an
additional insured on any workers' compensation insurance policy
taken out by Contractor concerning the subject matter of this
contract. If Contractor has no workers' compensation insurance
policy covering the subject matter of this contract, then Con-
tractor shall either (1) acquire such a policy naming the City
as an additional insured prior to the start of any work pursuant
to this contract or (2) shall assume the defense and indemnify and
save harmless the City and its officers and employees from all
claims, loss, damage, injury and liability of every kind, nature
arid description which would otherwise be covered by such workers'
compensation insurance policy regardless of responsibility for
negligence.
9. The Contractor shall submit to the City the policies
mentioned in Paragraphs 7 and 8 or proof of workers' compensa-
tion self-insurance prior to the start of any work pursuant to
this contract.
* •
10. . Any controversy or claim in an amount up to $100,000
arising out of or relating to this contract or the breach thereof
Page 13
.shall be settled by arbitration in accordance' with the con-
struction industry rules of the American"Arbitration Associa-
tion 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.
IN WITNESS WHEREOF, the parties hereto have caused this con-
tract to be executed the day and year first above written.
(Notarial acknowledgement of
execution by ALL PRINCIPALS
must be attached.)
Rick's Excavating Inc.
. Title
By.
APPROVED AS TO/ FORM
CrtxAtfff^iey
Title
CITY OF CARLSBAD, CALIFORNIA
ATTEST:
City Clerk K.
id S. HerrecMe; Assistant
It
TO 449 CA (5-73)
(Corporation)
STATE OF CALIFORNIA
San DiegoCOUNTY OF_
TITLE INSURANCE
ANDTRUST
ATICOR COMPANY
ss.
On Sept,1Q80
State, personally appeared
known to me to be the
before me, the undersigned, a Notary Public in and for said
Richard Henning Wood
President, XXXXXXXXXXXXXXXXXXXXXXXXXXXXX"
of the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signatured
Kathleen M. Fager
OFFICIAL SEAL
KATHLEEN M. FAGER
NOTMW PUBLIC - CALIFORNIA
PRINCtPM- OFFICE IN
SAN OIEGO COUNTY
Name (Typed or Printed)
(This area for official notarial seal)
Pagb 14
LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTSr'
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. '6275 adopted August 19. f980
has awarded to Rick's Excavating Inc. • .
hereinafter designated as the "Principal", a contract for:
HOME PLANT SEWER PUMP STATION UPGRADE
CONTRACT NO. 1081
in the City of Carlsbad, in strict conformity with the drawings-
and specifications and other contract documents on file in the
Office of the City Clerk.
WHEREAS, said Principal has executed or is about to execute
said contract and the terms thereof require the furnishing of a
bond with said contract, providing that if said Principal or any
of his/her or its subcontractors shall fail to pay for any ma-
terials, 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 Rick's Excavating Inc."
as Principal, hereinafter designated as Contractor, and
Balboa Insurance Company as Surety, are
held firmly bound unto.the City of Carlsbad in the sum of Nineteen
Thousand Nine Hundred Ninety Six and no/100 -Dollars ($19,996.00 )
said sum being fifty percent (501) 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.
r 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
excee.ding the sum specified in the bond, and also, in case suit is
brought upon the bond, a reasonable attorney's fee, to be fixed by
the court, as required by the provisions of Section 4204 of the
Government Code of the State of California.
This bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Section
Page 15
1192.1 of the Code of Civil Procedure so^s 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 Gov-
ernment .Code of the State of California.
And the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alterations or ad-
ditions to the terms of the c'ontract or to the work to be per-
formed thereunder or the specifications accompanying the same
shall, in any way, affect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time,
alterations or additions to the terms of the Contract or to the
work or to the specifications.
In-the event any Contractor above named executed this bond
as an individual, it is agreed the death of any such Contractor
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this.instrument has been duly executed
Contractor and Surety above named, -on the {p/^day of
^ , 19 ~
(Notarial acknowledgement
of execution by ALL -
PRINCIPALS must be ' , ^ . • a (seal)
attached.)
P. Lboo b.
Contractor
«i
(seal)
Surety
Attach acknowledgement of Attorney in Fact.
(
Attach Power of Attorney.
-7S&t>ftvcn m
STA'l
Count Lo-4»--
W.J. Shupper
i/u v *)/\r , tie/ore
, a Notary Public in and for the said
, residing therein, duly commisxiitned
• •-'!, nersonallv uppeun-d ^-Ciui1i' '"'• Dat-:??L-L4: known to me to be the Altorney-in-Faet of 'the
! aruiice Company, the corporation that executed the within instrument, and acknowledged to me
" ;ctiJjyJ^fo'siwt^*>4*<J'*M*db\t»4itftntttit9r Company thereto and his own name us Attorney-in-l-'uct.
V^rsr>. OFFICIAL SEAL !| /, 1 A /- _OFFICIAL SEAL
W.J. SHUPPER
NOTARY PUBLIC-CALIFORNIA ]
PRINCIPAL OFFICE IN
_a^ LOS ANGELES COUNTY
commission Expires July 1,1983
Notary Publicpnlund font he County of
Los Angeles stale,,f California
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
September 12, 1980
ss.
On
State, personally appeared
known to me to be the.
H. P. WOOD
before me, the undersigned, a Notary Public in and for said
kniXXXXXXXX3CXXXXXXXXXXXX2£X-3QS2$Xif the corporation that executed the within Instrument,
known to me to be the persons who executed the within
Instrument on behalf of the corporation»>*herein named, and
acknowledged to me that such corpora^ion^xecuted the within
instrument pursuant to its by-laws or a r/solution of-lft board y^'^.^T^'^r'^ J~ JJ J j'~''J Jifi*'L3 ^' **'of directors. / / // '', ' -^. CFPiClA^ ScAt
WITJJffeSAny hand andXffiL/seal/ /j£ » 'ff^JUSb ANITA DACK MURPHY
No>ory Public • Calif.
Principal OH Ice In
SAN £4£GO COUNTY
Mv Commission Expires Nov. 4, 1983
Name (Typed or Printed)
(This area for official notarial seal)
COPY
Page 16
PERFORMANCE BOND ^ ,$600.00
' KNOW'ALL PERSONS BY THESE PRESENTS:'''' -
••*•""
WHEREAS, the City Council of the City of Carlsbad, State of
California, by Resolution No. 6275 adopted ft^nst- ig^ jgftn _ >
has awarded to Rir.k's Rxcavating Inc. ___ •— ____ '
hereinafter designated as the' "Principal", a contract for:
HOME PLANT SEWER PUMP STATION UPGRADE
CONTRACT NO. 1081
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, Rick's Excavating Inc. _ ' ___ ,
as Principal, hereinafter designated as the "Contractor", and
Balboa Insurance Company as Surety,
are held and firmly bound unto the City of Carlsbad, in the sum
of Thirty Nine Thousand Nine Hundred Ninety Two and no/100- ----- -— -^-DoH^TS
($39,992.00 ), said sum being equal to 100 percent (1001) of
the estimated amount of the contract, to be pa-id, to the s-:id 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, adminis-
trators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, con-
ditions and agreements in the said contract and any alteration
thereof made as therein provided on his/her or their part, to be
kept and performed at the time and in the manner therein speci-
• fied, and in all .respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Carls-
bad, its officers and agents, as therein stipulated, then this
obligation shall become null and void; otherwise it shall refrain
in full force and virtue.
And said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition
to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall not
affect its obligations on this bond, and it does hereby waive
Page
notice of any change, extension of time, alterations or addition
to* the terms of the contract or to the wp-rk ,or to the specifica-
tions. . v,---
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 ST*— day of
(Notarial acknowledgement
of execution by ALL
PRINCIPALS must be
attached.)
Contractor
(seal)
Surety
Attach acknowledgement of Attorney in Fact.
A
Attach Power of Attorney.
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO > ss.
September 12, 1980On
State, personally appeared
known to me to be the Treasurer
H. P. WOOD
before me, the undersigned, a Notary Public in and for said
known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledge-to me that such corpofa*ten executed th«">ithin
instrument pu/suant to its by-lawXor ayresolution ojr it/ board
of dire
the corporation that executed the within Instrument,
ssasazzsaz:
OFFICIAL StAL
ANITA DACK MURPHY
Notary Pubtic • Cdtif
f-rincfpol Office In
SAN OIEGC COUNT*
Mv Commission fyoire« Nov. 4, 1983
SX3K SKXC aarr
Name (Typed or Printed)
(This area for official notarial seal)
STATE Ul-' California
County of ..Log
On r///i ___•5TR-day of fa
.J. Shupper
before me
_ a Notary Public in and fur the said
Cot itv Los Angeles State of California residing therein, duly commissioned
andsin • personally appeared Cathy M. B^ts^eljL known tome to be the Attorney-in-Fact of the
Balboa ii;->urunce Company, the corporation t/iat executed the within instrument, and acknowledged to me
that he ^'-t'^^ri^J^t^injHlc^fyjy^^ Company thefeto <|/u//y.s own tfame us Atlorney-in-h'act.
\ /^3S^ OFFICIAL SEAL
W.J.SHUPPER
NOTARV i!UdLIC-CALlHORNlA ',',
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Expires July 1, 19831L002ZR'.'b
Notary.
Los Ange.'
in and far the County of
State of California
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660
GPA.1626
GENERAL POWER OF ATTORNEY
POWER OF ATTORNEY VALID
ONLY IF NUMBERED IN RED
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
CATHY M. BATSELL
of San Dieao .and state 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 (S.B.A. Guarantee Agreement) - $200.000.00 -
LICENSE & PERMIT BONDS - $50.000.00; MISCELLANEOUS - $50,000.00; ~
CONTRACT BONDS - $50.000.00; COURT BONDS - $50.000.00: FIDUCIARY BONDS
$50,000.00
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31. 1980"
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 Attorney(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 undertakings 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-
VJCe President and its corporate seal to be hereto affixed this_19th
November day of
State of California
County of Orange
On this
William Palautt
A.D., 19_79_
that he resides in
Vice President
, before me personally came
, to me known, who, being by me duly sworn, did depose and say,
Mission Vie.io, California , that he is
of BALBOA INSURANCE COMPANY, the company described in and which
executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of^jrectors of said Company; and that he signed his name thereto by like order.
f
OFFICIAL SEAL
KIMBERLY A. FORREST
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
^ ORANGE COUNTY
My Commission Expires Aug. 22,1983
Notary Public
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
this 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."
. ,GIVEN Snper by nd and the seal of said Company, at Newport Beach, California, this
, 19 8O
. day of
THIS POWER OF ATTORNEY EFFECTIVE ONLY
IF ATTACHED TO BOND NO..Secretary
Pago 13
\ , * *
: -CITY OF CARLSBAD. ,t •
CONTRACT Ho. 1081
General Provi s Ions
1 . Definitions
A« Reference to Drawings; Whore the words "shown", "indicated",
"detailed", "noted"., "scheduled", or words of similar import are
used, it shall be understood that reference is made to the drawing
accompanying these provisions unless stated otherwise.
B. PjXecMons: Where the words "directed", "designated", "selected",
or words of similar import are used., it shall be understood that
the direction, designation, selection, or similar import of the
architect is intended unless stated otherwise. The word "required11
and words of similar import shall be understood to mean "as required
to properly complete the work as required and approved by the City
Engineer" unless stated otherwise.
C« Equal s and Appro va 1 s : Where the words "equal", "approved equal's
"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 architect" unless otherwise stated. Where the words "approved",
"approval", "acceptable", "acceptance", or words of similar import are
used, it shall be understood that the approval, acceptance, or similar
impor* of the architect is intended.
'D. Perform and Provide: The word "perform" shall be understood to mean
that the contractor, at her/his expense, shu.11 perform all operations,
labor, tools and equipment, and further, including the furnishing and
installing of materials that are indicated, specified, or required to
complete such performance. The word "provide" shall be understood to
mean that the contractor, at her/his expense, shall furnish and install
the work, complete in place and ready for use, including furnishing of
necessary labor, materials, tools, equipment and transportation.
£• Lanjiuage and Intent ; The specification section is written in a, modified
brief style consistent with clarity. In general, the words "the-",
"shall", "will", and "all" are not used. Where such words .as "perform",
"install", "erect", "test", or words of similar import are used, it
shall be understood that such words include the meaning of the phrase,
"the contractor shall". The requirements indicated and specified
apply to work of the same kind, class and type, even though the word
"all" is not stated.
2- Codes and Standards
Standard specifications incorporated in the requirements of the speci-
fications by reference shall be those of the latest edition at the
time of receiving bids. It shall be understood that the manufacturers
Page 19
Codes and Standards (continued) -
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.
3. Manufacturer's Instructions
Where installation of work is required in accordance v/ith the product
manufacturer's directions, the contractor shall obtain and distribute
the necessary copies of such instructions, including two copies to
the City Engineer.
4. 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 Mo. 3109,
Carlsbad Municipal Code, Chapter 8.48).
5. City Inspectors
All work shall t-3 under the observation of a City Contraction In-
spector. 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.
6. 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.
7. 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 speci-
fied, 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
Page 20
Intent of Contract Documents (continued)
the City will be the interpreter of the intent of the contract
documents arid 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.
8. Substitution of Materials . .
The proposal of the bidder shall be in strict conformity with the
drawings and 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/Iris own expense, shall have
the proposed substitute, material., apparatus, equipment or process
tested as to its quality and strength, its physical, chemical or other
characteristics, and its durability, finish, or efficiency, by a
testing laboratory as selected by the City. If the substitute offered
is not deemed to be equal to that so indicated or specified,, then the
contractor shall furnish, erect, or install the material, apparatus,
equipment or process indicated or specified. Such substitution pro-
posals shall be made prior to beginning of construction, if possible,
but in no case less than 10 days prior to actual installation.
9. 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 Owner at cost. This set of draw-
ings shall be kept on the job and shall be used only as a record set
and shall be delivered to the Owner on completion of the work.
10. Permits
• The general construction, electrical and plumbing permits will be
issued by the City of Carlsbad at no charge to the contractor. The
contractor is responsible for all other required licenses and fees.
Page 21
• • '» •
"11 • , Quantities in the Schedule •'•'..-.j ^.i
The quantities given in the schedule, for u-n it'price items, are for com-
paring bids and may vary from the actual final quantities. Some quanti-
ties 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 unpre-
dicted conditions, unforeseen events, or emergencies, to increase or de-
crease 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 so do, the City Engineer will direct the con-
tractor 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.
12. Safety and 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 pre-
vent accidents or injury to persons on, about or adjacent to the prem-
ises where the work is being performed. He/she shall erect and proper-
ly maintain at all times, as required by the conditions and progress of
the work, all necessary safeguards for the protection of the workers and
public and shall post danger signs warning against the hazards created
by such features of construction as protruding nails, hoists, well holes
•and falling materials.
13. Water for Construction
The contractor-shall obtain a construction meter for water utilized dur-
ing the construction under this contract. The contractor shall contact
the appropriate water agency for requirements. Contractor shall include
cost of water and meter rental within appropriate items of proposal. No
"separate payment will be made.
14. Allowed Construction Time
The amount of time allowed for the completion of construction of this work
is 30 calendar days.
Page 22
CITY OF CARLSBAD ,~
CONTRACT NO. 10.81/, •
SPECIAL PROVISIONS.
1. WORK TO BE DONE -
The work to be done shall consist of furnishing all labor,
equipment and materials and performing all work on the op-
erations necessary to complete the work as shown on the
construction plans and as specified in these specifications
2. PLANS AND SPECIFICATIONS
The- specifications for the work consist of the Standard
Specifications of the City of Carlsbad, the 1979 edition
of Standard Specifications for Public Works Construction
(hereinafter designated SSPWC) as issued by the Southern
California Chapters of the American Public Works Associa-
tion and these contract documents and specifications.
The construction plans consist of one sheet designated as
City of Carlsbad Drawing No. 196-2.
3. CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the contract-
or per Section 6-1 of the SSPWC at the time of the 'precon-
Struction conference. .
Coordination with the respective utility companied for re-
moval or relocation of conflicting utilities shall be re-
quirements 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 diligent-
ly prosecute the work to completion within 30 consecutive
calendar days from the date of receipt of said "Notice to
Proceed."
4. EARTHWORK • .
Earthwork shall conform to the requirements of Section 300
of the SSPWC and these Special Provisions.
Fill material for the earthen-berm shall be compacted to a
minimum of 90% of the maximum dry density. The cost for
. the earthwork, including clearing and grubbing and material
disposal, shall be included in the lump sum price bid for
the project work and no additional compensation will be
wade therefor.
Page 23
V5. TRENCHING AND BACKFILL ,,' ^y
All trenching shall conform to the requirements of Sec-
tion 306 of the SSPWC and to these Special Provisions.
Backfill excavations as construction operations permit,
but not before all work to be covered has been inspected
and approved by the Engineering Inspector.
Backfill shall be compacted to 901 of maximum dry density.
Payment for trenching and backfill shall be considered
as included in the lump sum cost for the project work and
no additional payment will be made therefor.
6, CONCRETE
Portland cement concrete shall be Type 517-C-25.00 and shall
conform to Section 201-1 of the SSPWC.
Payment for the concrete shall be included in the lump sum
price bid for the project work and no additional payment
will be made therefor.
7, PIPING
Cast iron pipes shall conform to the requirements of'Section
207-9 of the SSPWC and to these Special Provisions..
The T.V.C. piping shall be of high commercial quality meet-
ing the schedules called for on the plans.
Pipe laying shall conform to the requirements of Section
306-1 of the SSPWC. '
Payment for the pipe materials and installation complete
and in place as shown on the plan and as specified in
these Special Provisions shall be included in the lump sum
price bid for the project work and no additional compensa-
tion will be made therefor. ...
i
8, KNIFE EDGE GATE VALVE
The knife edge gate valve shall be a 14" Series L DcZurick
valve or an approved equivalent with a round port and a
Double-acting hydraulic cylinder with a manual override.
TJie actuator shall be mounted and piped with a four-way
solenoid valve (Asco or equivalent) leaving the knife gate
y.fllve open when energized.
The contractor shall submit the manufacturer's specifica-
tions on the valve and actuator for the approval of the
City Engineer at least 10 days prior to the installation.
Page 24
* Payment for the valve, actuator and solenoid complete and
in place as shown on the plan and as'^'spccified in these
Special Provisions shall be included in the lump sum price
bid for the project work and no additional compensation
will be made therefor.
9. IRRIGATION
General
The contractor shall notify the Engineer in writing if un-
usual conditions are observed or encountered which might
affect the installation of the irrigation system.
P.V.C. Pipe and Fittings
All pipe shall meet the requirement of ASTM Standard D1785
and D2241 and shall bear the following markings: Manufac-
turer's name, nominal pipe size, schedule or class, pressure
rating in psi and NSF (National Sanitation Foundation).
All pipe and fittings shall be Schedule 80 P.V.C. and shall
be injected molded and meet the requirements of the current
ASTM Standard D1785.
x
Polyvinyl chloride pipe shall be installed in a manner so
as to provide for expansion and contraction as recommended
by the manufacturer. .
All polyvinyl chloride pipe shall lay free in the trench
with no induced strain. Where there is evidence of induced
pipe strain, the contractor shall be required to make pipe
cuts and install angle fittings as necessary to eliminate
the strain.
All polyvinyl chloride pipe with solvent-weld joints shall
be snaked at least six inches each 20 feet.
The contractor will be required to remove and replace any
fitting which induces a torque strain to the pipe.
Concrete thrust blocks shall be installed on plastic pipe
pressure systems using bell end and ring joints whenever
an abrupt change of alignment occurs.
All plastic to plastic joints except ring joints shall be
solvent-weld joints. The solvent and'the jointing proce-
dure recommended by the pipe manufacturer shall be used.
Care should be taken so as not to use an excessive amount
of solvent, thereby causing a burr or obstruction to form
on the ins ides of the pipe.
The joints shall be allowed to set at least 24 hours for
P.V.C. Type II material and 48 hours for P.V.C. Type I
material before pressure is applied to the system.
Page 25
All lines shall have a minimum clearance.; of four inches
from each other and six inches from .lines of other trades.
Parallel lines shall not be installed directly over one
another.
Copper Pipe and Fittings
Copper pipe, shall be Type' L, hard tempered ASTM B88.
Copper fittings shall be solder joint type in accordance
with ASA B16 22.
Joints shall be soldered with silver solder, 45% silver,
15% copper, 16% zinc, 24% cadium, and solidus at 1125° F.
and liquidus at 1145° F., conforming to specifications
ASTM B206-52T Bag-1 and Federal QQB 00655.
Brass Pipe and Fittings
Brass pipe shall be 85% red brass pipe, American National
Standard Institute (ANSI) Schedule 40 screwed pipe.
Brass fittings shall be medium brass, screwed, 125 pound
class.
Water Supply and Layout
*
Connect to irrigation water supply at the location shown
on the plan. Layout sprinkler heads and make any minor
adjustments required.due to differences between the site
and 1"he drawings. The layout is to be approved by the
Engineer before installation. The routing of irrigation
lines is diagrammatic and minor changes are permitted.
Trenching and Backfilling
Trenching:
A. Dig trenches and support pipe continuously in bottom of
ditch. Lay pipe to an even grade. Trenching exc'avation
shall follow layout indicated on drawings and as rioted.
B. Procide minimum cover of 20 inches on all pressure sup-
ply lines.
C. Provide minimum cover of 18 inches for all control wires.
D. Provide minimum cover of 15 inches for all other non-
pressure lines. . .
Backfilling:
A. Initial backfill on all lines shall be of a fine granular
material, with no foreign matter larger than 1/2 inch in
size.
B. Backfill material shall be tamped under the pipe, uniform-
ly on both sides of the pipe, for the full width of the
Page 26
D.
trench and to the horizontal diameter.; of the full length
of the pipe. Tamp in four-inch layers. Materials shall
be sufficiently damp to permit thorough compaction under
and on each side of pipe, to provide support free of voids
Backfill for trenching shall be compacted to dry density
equal to the adjacent .grades without dips, sunken areas,
humps or. other irregularities.
Under no circumstances shall truck wheels be used for com-
pacting soil.
Valves
The'Contractor shall make every attempt to save the existing
valves and relocate them to the location shown on the plans.
In the event the valves cannot be saved the Contractor shall
at his/her own expense install new automatic val.ves of an
equivalent quality approved by the City Engineer. The Con-
tractor shall provide and install all wiring necessary to make
the valves operational by the existing controller.
Payment
The contract lump sum price paid for the contract work shall
include all labor, tools, materials and equipment required
to construct complete in place the irrigation system as shown
. on the plans and as specified in these specifications, and
no additional compensation will be made therefor.
10. .LANDSCAPING
The Contractor shall landscape the project site as specified
on the plans. Tree planting shall conform to the requirements
of the San Diego Area Regional Standard Drawing L-l. All trees
and plantings shall be healthy and free of any diseases or in-
festations of any kind.
Prior to planting of ground cover the soil shall be prepared .
by the addition of the following amendments: - .
Wood fiber mulch
Ecology control M-binder
Wetting agent
Water
Payment
46 lbs./l,000 S.F.
7 lbs./l,000 S.F.
87 milliliters/1,000 S.F.
As required
Payment for the landscaping and soil preparation shall be deemed
included in the lump sum price paid for the project work, and
no additional compensation will be allowed therefor.
_- C"
f Page 27
II. ELECTRICAL .
All electrical work shall be done in conformancc with the
standards of the latest edition of the National Electric
Code.
The contractor shall suppl'y and install all electrical
wires 'and appurtenances as shown on the plans and any other
appurtenances as required by the'code as part of the project
work.
The float switch shall be moisture-resistant and explosion-
proof such as a Square D Company Class 9036 switch or equiva-
lent.
Payment for the electrical work including materials and in-
stallation shall be included, in the lump sum price bid for
the project work and no additional payment will be made
therefor .
12, FENCING AND MISCELLANEOUS
Chain link fencing and gate, as indicated on the contract
plans shall be six feet in height and equipped with exten-
sion arms, top rail and three strands of barbed wire. All
work shall conform with County of
ings M-4 and M-5.
San Diego Standard Dr
Payment, for the fencing arid
listed in these specificati
shall be deemed included in
project work and
arir
ons,
in the
no additional
r item not specifically
shown on the plans,
d
othe
but
lump sum price paid for the
payment will be made therefor