HomeMy WebLinkAboutTB Penick & Sons Inc; 1984-08-13; 3143, ' ,'11™ -T,V. \'~ * '\ '•''""'
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS & SPECIFICATIONS
for
TAMARACK AVENUE IMPROVEMENT
BETWEEN
SUNNYHILL DRIVE & SKYLINE ROAD
CONTRACT NO. 3143
JUNE, 1984
/ c. 10
TAMARACK AVENUE IMPROVEMENT
BETWEEN
SUNNYHILL DRIVE & SKYLINE ROAD
CONTRACT NO. 3143
ADDENDUM NO. 1
ADD ITEM 10A TO PAGE 4 OF THE BID SHEET TO READ
18" R.C.P. at 206 L.F.
PER LINEAR FEET.
DOLLARS AND
CENTS
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TABLE OF CONTENTS
ITEM PAGE
NOTICE INVITING BIDS 1
PROPOSAL 3
BIDDER'S BOND TO ACCOMPANY PROPOSAL 8
DESIGNATION OF SUBCONTRACTORS 9
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 11
BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 12
CONTRACT 13
LABOR AND 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 4:00 PM on the 20th
day of July , 1984, at which time they will be opened and read
for performing the work as 76*1 lows:
TAMARACK AVENUE IMPROVEMENTS
BETWEEN SUNNYHILL DRIVE & SKYLINE ROAD
CONTRACT NO. 3143
The 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. 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 $114,500.
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 $12.60 per set.
- 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.
A prebid meeting and tour of project site will be held on
13th of July, 1984, at the Engineering Department at 3:00 P.M.
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 100 percent 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. 7636, adopted on the 19th day of June, 1984.
___Aletha L. Rautenkranz, City Clerk
- 3 -
CITY OF CARLSBAD
CONTRACT NO. 3143 '
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. 3108 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:
Approximate
Item Article w/Unit Price or Quantity Unit
No. Lump Sum Written in Words & Unit Price
1. Clearing and Grubbing L.S. f@ <£Q£> .oilcomplete in pi ace aO
-fo»t -todifon/f i^kf Qonars
& (,o cents
per Lump Sum.
2. Type "G" concrete curb & 1018 L.F. 6-5~O
gutters including fine
grade complete in place
at J^L
dollars
cents
pe#/Li0eal /Foot.
3. Aggregate base at 1000 ton //.SO // S'oo. OQ
dollars 7
cents
4. 4" P.C.C. sidewalk in- 4950 S.F. / So ?'^'<D>S. OO
eluding fine grade /
complete in place at
<mjL do 11 ars
' • ' ' cents
- 4 -
Approximate
Item
No.
5.
6.
7.
8.
9.
10.
11.
12.
oA.
Article w/Unit Price or Quantity Unit
Lump Sum Written in Words & Unit Price TOTAL
Excavation
at ' 'ZJ/-/^P^TW,
& L
|TVJ. Grading 750 C.Y. , ^ /A l C'
^ -fAirT^^V '^/ ' °^^dollars
7^ cents
per CubictMafcy.
Asphalt concrete paving 700 Ton 3$.ol6 <y?^ GYO-OQ
& ^x^^
/ fl dollars
^ cents
per I on . /•
Sidewalk ramp at 6 Ea. Srtn.riQ (000,0(5
tme ^fiLLrf*
« /n-£>per Each.
Curb inlet,
f/Ar? ^A^Ctsi.1
per Each.
J" rb inlet,
'J-A rf^/l^f
& /7L/i
per Each.
21".R.C.P.
t/jff ' /j
per Linear
Storm drain
A-4, at ffTta.
^/ft&f"&/y tL^e^
per Each.
P.C.C. D/W
^Lo-^>
Kt
per Square
/^/; /ec.p.
.^xioof
attAjL dollars
cents
Type B-l, at 2 Ea. ^OOO.OO ^^OOO.OO
.0/^4 dollars
cents
Type C-l, at 2 Ea. cpOOO.OO ^OOO.
Ifrfrnd do liars
cents
at 44 I F £"v5~. 00 ^/ ^o^O'OOylb *t*T L. • I • \J ^*J * *-^ ^"^ /
t^^ dollar's
x*^ cents
Foot,
cleanout. Type 1 Ea. 44^-#=*9 _^1 ^ y@ ^ Q
f^<^>^*^(J^Lni^nclwjL r '.~ dollar /oou. oc) J.&OO.CJQ
ttJP/W- cents
depression at 483 S.F. - Q, x g r
dollars
cents
FooT.
/ '
Per Li"neo.r
14.
15.
16.
17.
is.
19.
c :ST
- 5 -
Item
No.
13.
Article w/Unit Price or
Lump Sum Written in Words
A.C. driveway complete in
place at ^L^>
dollars
& — £t j{JZf cents
Approximate
Quantity '
& Unit
1,992 S.F.
Unit
Price
.50
TOTAL
per S;Foot.
Masonry block and concrete
retaining wall complete with
foundation and reinforcement
at j^c^i hr^A.~ dollars
cents
</
per Square Foot? /
Remove A.C. pavement at
O
* JperTS
dollars
cents
uafe Foot.
Slope planting and land-
scaping at
/nil do liars
cents
per Lump Sum."
3" drains, junction boxes,
and curb outlet; at
x* do liars
cents
per Lump SUITK
Street lights at
ollars
cents
per Each.
A.C. berm, Type A, at _
dol 1 ars
~ cents
per Lineal Foot.
1,780 S.F.
14,096 S.F.
L.S. /OOO'OO /,ooo. oo
L.S.
3 Ea.
175 L.F.
Total amount of bid in words :
Total amount of bid in numbers: $ {<H
Addendum (a) No(s) / .
is/are included in this proposal.
/
&<*-
has/have been received and
^<• A
- 6 -
All bids are to be computed on the basis of the given estimated quantities
of work, as indicated in this proposal, times the unit price as submitted
by the bidder. In case of a discrepancy between words and figures, the
words shall prevail. In case of an error in the extension of a unit price,
the corrected extension shall be calculated and the bids will be computed
as indicated above and compared on the basis of the corrected totals.
The 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 California
providing for the registration of contractors, License No. /g5 3%(
Identification A B 0. ff' C <3 7
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 B/ciders PoryoL
(Cash, Certified CnecK, Bond or Cashier's Check)
in an amount of not less than ten percent (10%) of the total bid
price.
\
c
I
E
£?
oQ.
O
O
CM
CO
O
§
STATE OF CALIFORNIA $an Dieoo
COUNTY OF_ ____________ _iss
On JUly I/)........ _________________ ___ before me, the undersigned, a Notary Public in and forThomas L. Penicksaid State, personally appeared ___________________________________________________ and
R., personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as ' HOnidS L .
toyneR.President and_
SONS, INC.
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^
Signature
**»•«,<
OFFICIAL SEAL
Emily p. Hanchett
notary Public-CaMorm,
Prmdpai Office In
Sai, D.ego County
Comm £xy. Apr. 22. 19(
•••»»»,»,,».,^^<<^^^
(This area for official notarial seal)
o
- 7 -
„ the Labor
.ype 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:
TIOllAfi T. wu*n*
(NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY
ALL PRINCIPALS MUST BE ATTACHED)
(CORPORATE SEAL)
\
i &§(Co823002STATE OF CALIFORNIA _ _ .COUNTY OF __ _s_anJieg.Q
on July 17. 1984
said State, personally appearedWayne R. Plyers
)ss.
Thomas L. Penick
, before me, the undersigned, a Notary Public in and for
__.and
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as ' nOiTldS L .
Penick
~&~50NS7~rNC:President aneL""i_' _„ __Wayne ^JJyersSecretary.onbehal,at_TJB._P_ENICIC_
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.
Signature.
OFFICIAL SEAL
P. Hanchett
Notary Public California
Pcinc ipal Office In
San Diego County
My Comni. Exp Apr 22. 1988
^ »,,«»«•«•»•»»••••••••* •»»*-»»•<
(This area for official notarial seal)
r
- 8 -
BIDDER'S BOND TO ACCOMPANY PROPOSAL
KNOW ALL PERSONS BY THESE PRESENTS:
That we. T. B. PENICK & SONS, INC.
#905
as Principal, and
LUMBERMENS MUTUAL CASUALTY COMPANY
bound unto the City of Carlsbad, Cali
TEN PERCENT OF AMOUNT OF BIDML3ta
, as Surety, are held and firmly
Tornia, in the sum of
Dollars ($ in% OF RTH4-cn
), 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:
TAMARACK AVENUE IMPROVEMENT BETWEEN
SUNNYHILL DRIVE AND SKYLINE ROAD
CONTRACT NO. 3143
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 2QTH
day of JULY , 19 84 .T. B.,
Corporate Seal (If Corporation)
By
.NICK. & SONS, INC.
1ICE PRESIDENTNT Jb-THE
ALTY/COM
Title
(Attach acknowledgement of
Attorney in Fact)
BEVERLY A. MS&RAZZI, ATTUNE
(Notarial aoKnowledgemenfc^of
execution to/all PRINCIPALS and
SURETY must be attached.)
FACT
STATE OF CALIFORNIA
COUHTY OP SAN DIEGO
On this
before me
20TH
S3,
day of JULY In the year 1984
CHERYL M. PERRY
BEVERLY A. PANGRAZZI
personally appeared
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
person whose nsjse is subscribed to this instrument as the attorney in
fact of LUMBERMENS MUTUAL CASUALTY COMPANY » «"»dacknowledged to me that he (she) sub sc r3
LUMBERMENS MUTUAL CASUALTY COMPANY
JTUAL CASUALTY Cp>
(she) subscribe he name of
thereto, and his (her) own
name as attorney in fact.
Given under my hand and Notarial Seal this
.1111 Y • A.D. 19 84
My commission expires .
20TH day of
yvwwvw-vw
FK 884 12-82 500
OFFICIAL SEAl
CHERYL M. PERRY
NOTARY PUBIIC CAUfOMUA
miNOPAL omct IN
SAN OCOO COUNTY
My CpwnissiM E«p No*. IS. INS
WWWWW.VVyv.Vvwv
Public
PRINTED IN U.S.A.
T. 0 , . .. -ven L. luli.n.Mi. StH.rcl.iy
This Power of Attorney limits (he acts of those named (herein lo the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein slated.
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY. CALL (312) 540-2000, CONTRACT BOND
OR WRITE. CONTRACT BOND DEPARTMENT, KEMPER GROUP. LONG GROVE, ILLINOIS. 60044
CERTIFICATION —. ^
I. Sven L. Johanson, Secretary oWe Lumbermens Mutual Casually Company, do hereby certify (hat the attach*
Power of Attorney H>.tod October 13. 1982 n.i h«»halfni Saaa aa a^ova.***********
; :—', ...... „, .—is a true and correct copy andlh,
the same has been in full force and effect since the dale thereof and is in lull force and effect on (he dale (this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed (hi
Power of Attorney as Vice President and Secretary respectively were on the dale of the execution of the a
tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casual
Company. .
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbc
mens Mutual Casualty. Company on thi* 20TH day of__J£ilkI , 19_fii-.
J*en L. lolufiMNi. Sttrvi
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically nam
therein, and they have no authority to bind the Company except' in the manner and to the extent herein
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY. CALL (312) 540-2000, CONTRACT BOND DEHARTMEr
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER CROUP, LONG GROVE. ILLINOIS, 6004*
COPY
MUTUAL CAsQlfV COMPANY
Long Grove. IL 60049
F ATTORNEY
en By These Presents:
jmbermens Mutual Casually Company, a corporation organized and existing under the laws of the
iois, and having its principal office in Long Grove, Illinois, does hereby appoint •••••••»•••••••••
. Smith/ Slden B. Yeckt Beverly A. Pangxtzzii Louise H. Paper/
), California
nd lawful agent(s) and atforney(s)-in-fact, to make, execute, seal, and deliver during the period begin-
the date of issuance of this power and ending December 31, 1964, unless sooner revoked for and
uehalf as surety, and as its act and .deed: ^ mnd All 2»nds «jid *****************
ST
PY
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Lumbermens Mutual Casually Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum-
bermens Mutual Casualty Company on May IB, 1965 at Chicago, Illinois, a true and accurate copy of which
is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being
in full force and effect:
"VOTED. Thai Ihe President or any Vice President or Secretary or anv Assistant Secretary shall have power and authority
to appoint agents and attorneys in fact, and to authorize them to txt..uie on behalf of Ihe company, and attach Ihe seal
of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in Ihe
nature thereof, and any such officer of Ihe company may appoint agents fur acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re-
solution adopted by Ihe Board of Directors of the company at a meeting duly called and held on the 20th day
of May, 1975:
"VOTED, That Ihe signature of Ihe Presidenl. any Vice President. Secretary or Assistant Secretary, and Ihe Seal of the Com-
pany, and Ihe certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney
executed pursuant to resolution adopted by Ihe Board of Directors on May 10, 1965, and any such power so executed,
sealed and certified with respect to any bond or similar undertaking to which il is attached, shall continue lo be valid and
binding upon Ihe Company."
In Testimony Whereof, fhe Lumbermens Mutual Casualty Company has caused this instrument lo be signed and
its corporate seal to be affixed by its authorized officers, this i3th day of October , 19 62 .
Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY
By
R H Johnson. Secretary • . C. H. Katbuhm. Vice President
STATE OF ILLINOIS).
COUNTY Of COOK J
I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to
me lo be Ihe same persons whose names are respectively as Vice Presidenl and Secretary of the Lumbermens Mu-
tual Casually Company, a Corporation of the Stale of Illinois, subscribed to Ihe foregoing instrument, appeared
before me this day in person and severally acknowledged thai they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora-
lion and as their own free and voluntary act for the uses and purposes therein set forth.
- 9 -
DESIGNATION OF SUBCONTRACTORS
The undersigned certifies he/she has used the subbids of the following
listed contractors in making up his/her bid and that the subcontractors
listed will be used for the work for which they bid, subject to the
approval of the City Engineer, and in accordance with applicable provisions
of the specifications. No changes may be made in these subcontractors
except upon the prior approval of the City Engineer of the City of
Carlsbad. The following information is required for each subcontractor.
Additional pages can be attached, if required:
Items of
Work
13. /?
tt>
Full
Company
Name
Complete
Address
w/Zip Code
>
Phone No.
w/Area Code
- 10 -
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 X)
d.
*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)
T. B. PENICK & SONS. INC
Biaderrs Company Name
idder's Complete Adress
R. 1RERS Authorized Signature
VICE PRESTDT5FT *
- 11
BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a notarized or sealed statement of
his/her financial responsibility.
Q.(JU Qr-
Signature
(Notarize or wat
Corporate Seal)
ORIGINAL
- 12 -
BIDDER'S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar character to that
included in the proposed contract he/she has successfully performed and
give references, with telephone numbers, which will enable the City to
judge his/her responsibility, experience and skill. An attachment can
be used if notarized or sealed.
Date
Contract
Completed
/^//3
10 1% 3
/0/P3
Name and address
of the Employer
GiA, - Jbr' Au^
P&- J JLri * .
' /
Name and Phone No.
of Person
to Contact
/
Type of Work
JfrujJ- (jWUL
MejJ. (jJoiL
\0/wjjddJt/ib\
Amount o1
Contract
U #>*"*
Wood*I ' J
/(cO 000 -\
f
(Notarize or
Corporate Seal)lAYUE R.
7ICB PRBSIDBNT
'SignatureT
THEASUHER
- 13 -
CONTRACT - PUBLIC WORKS
This agreement is made this |3 day of A^OUST » 19 £</ , by and
between the City of Carlsbad, California, a municipal corporation, (hereinafter
called "City"), and r B PENICK & SONS. INC. _
whose principal place of business is ffk^- -^^k oll>ee4
PheQn (La
(hereinafter called "Contractor".) <-> '
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the
Contract documents for:
TAMARACK AVENUE IMPROVEMENTS
BETWEEN SUNNYHILL DRIVE & SKYLINE ROAD
CONTRACT NO. 3143
(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 schedule attached hereto
and made a part hereof.
- 14 -
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 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.
- 15 -
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 3/00 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 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.
•r; 0)£ «o s.
&§o taO c
(NO
O
STATE OF CALIFORNIA
COUNTY OF_San Diego |ss.
On_August 16, 1984
said State, personally appearecL Thomas
, before me, the undersigned, a Notary Public in and for
and
_, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as_
Thomas Penickpresident and Secretary, on behalf of_
T.B. PENICK & SONS, INC.
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.
Signature
JffICIAL SEAL
Emily P. Hanchett
Notary Public California
Principal Office In
San Diego County
My Comm. Exp. Apr. 22. 1988 ',
(This area for official notarial seal)
- 16 -
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.)
7\s
TB. PENiCK & SONS, ING.
Contractor
Title TEOMAS L. PEHIGK PRESIDENT
By
Title
CITY OF CARLSBAD, CALIFORNIA
.^r-vr TTJ. -r • -Y H. CASLER, Mayor
ATTEST:
- 17 -
ATTEST:
City Clerk
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."
ContractorTHOMAS L. PENICK PRESIDENT
T. B. PENICK & SONS, INC*
- 18 -
#3ST344-797-00
LABOR AND MATERIAL BOND PREMIUM: INCLUDED IN
PERFORMANCE BOND
*•
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. l&qp adopted AUGUST 7, 1984 has awarded to
T. B. PENICK & SONS, INC. hereinafter designated as the "Principal", a
contract for:
TAMARACK AVENUE IMPROVEMENTS
BETWEEN SUNNYHILL DRIVE & SKYLINE ROAD
CONTRACT NO. 3143
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, T. B. PENICK & SONS, INC. _ , as
Principal, hereinafter designated as the "Contractor", and
LUMBERMENS MUTUAL CASUALTY COMPANY as Surety, are held firmly bound unto the
City of Carlsbad in the sum Qf**fWQ~HUNDRED FORTY ONE THOUSAND THQ HUNDRFD FORTY
ONE AND NO/100** Dollars ($*/y/j?^/.fl)0»a1d sum being one hundred per cent
(100%) 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 ourseves,
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.
LUMBERMENS MUTUAL CASUALTY COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casually Company, a corporation organized and existing under the : laws , of the
nW*,*********
That the Lumermens utua asuay ompany, a coror
Slate of Illinois, and having its principal office in Long Grove, Illinois, does hereby aP??in'
its true and lawful agen.(s) and a.torney(s)-in-fact. to make, execute seal, and deliver• durinj! the PJ
ningwith the date of. issuance of this power and ending December 31, 1984, unless sooner revoked
on its behalf as surety, and as its act and .deed: ^ £md all ^nds ^d undertakings. *****************
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees Ihe payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the Lumbermens Mutual Casually Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Lumbermens Mutual Casually Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum-
bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which
is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being
in full force and effect:
"VOTED, That Ihe Presidenl or any Vice Presidenl or Secrelary or any Assistant Secrelary shall have power and authority
to appoint agents and attorneys in fact, and lo authorize them lo execute on behalf of the company, and attach Ihe seal
of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and any such officer of Ihe company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re-
solution adopted by the Board of Directors of the company at a meeting duly called and held on ihe 20th day
of May, 1975:
"VOTED, That Ihe signature of Ihe President, any Vice Presidenl, Secrelary or Assistant Secrelary, and Ihe Seal of the Com-
pany and ihe certification by any Secrelary or Assistant Secrelary, may be affixed by facsimile on any,power of attorney
executed pursuant lo resolution adopted by the Board of Directors on May 18, 1965, and any such power so executed,
sealed and certified with respect lo any bond or similar undertaking lo which it is attached, shall continue to be valid and
binding upon ihe Company." .
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and
its corporate.seal to be affixed by its authorized officers, this jiffi?.day of ft?fi3j>?r , 19 82 .
Attested .and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY
By
R.H. Johnson, Socreury • • . G. H. Kasbohro, Vice President
STATE Of ILLINOIS 1
COUNTY Of COOK/
I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to
me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu-
tual Casualty Company, a Corporation of Ihe State of Illinois, subscribed to Ihe foregoing instrument, appeared
before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora-
tion and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: May 5, 1 98f>
CERTIFICATION
I, Sven L. Johanson, Secretary of the Lumbermen* Mutual Casualty Company, do hereby certify that the attached
Power of Attorney dat™i October 13. 1982 _OI, hohaifni Sane as above.**********^_
: 1 : _. is a true and correct copy and that
the same has been in lull force and effect since the dale thereof and is in full force and effect on the dale of
this certificate; and I do further certify that the said C.H. Kasbohm and R.H. Johnson who executed the
Power of Attorney as Vice President and Secretary respectively were on the dale of the execution of the at-
tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casually
Company. • •
IN TESTIMONY WHEREOF, I have hereunto subscribed
mens Mutual Casualty, Company on this 13TH day
id affixed the corporate'seal of the Lumber-
* 19_M__.
Sven L. lohanson,
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically namec
therein, and they have no authority to bind (he Company except in (he manner and to the extent herein staled
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540,2000, CONTRACT BOND DEPARTMENT
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE. ILLINOIS, 6004ft
- 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 WHEREOF, this instrument has been duly executed by the
Contractor and Surety above named, on the 13TK day of AUGUST ,
19 84-
T. B. PENICK & SONS. INC. /^
_b£
(Notarize or Corporate
Seal for each Signer) THOMAS L. FMICK
PENICK & SONS. INC
Contractor
LUMBEBHEflS MUTUAL CASUA^f COMPANY
bv
'.LDEN B. YECIC
ATTORJ^Y TIM FACT
it}Surety
- 20 -
#3ST344-797-00
PERFORMANCE BOND PREMIUM: $765.00
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City Council of the City of Carlsbad, State of California, by
Resolution No. 76,<?o adopted 8-7-.84 > has awarded to
T. R. PFNTQK & SONS TNr. »hereinafter designated as the "Principal", a contract for:
TAMARACK AVENUE IMPROVEMENTS
BETWEEN SUNNYHILL DRIVE & SKYLINE ROAD
CONTRACT NO. 3143
in the City of Carlsbad, in strict conformity with the drawings and
specifications and other contract documents now on file in the Office of
the City Clerk of the City of Carlsbad.
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond for the faithful
performance of said contract;
NOW, THEREFORE, WE, T. B. PENICK & SONS. INC. as
Principal, hereinafter designated as the "Contractor", and
LUMBERMENS MUTUAL CASUALTY COMPANY as Surety, are held
and firmly bound unto the City of Carlsbad, in the sum of *ONE HUNDRED FORTY ONE
THOUSAND TWO HUNDRED FORTY ONE AND NO/100** Dollars ($*/y/jtvy .00** ).
said sum being equal to 100 per cent (100%) of the estimated^amountof the
contract, to be paid to the said City or its certain attorney, its
successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden
Contractor, his/her or its heirs, executors, administrators, successors or
assigns, shall in all things stand to and abide by, and well and truly keep
and perform the covenants, conditions, and agreements in the said contract
and any alteration thereof made as therein provided on his/her or their
part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning,
and shall indemnify and save harmless the City of Carlsbad, its officers
and agents, as therein stipulated, then this obligation shall become null
and void; otherwise it shall remain in full force and virtue.
LUMBERMENS MUTUAL CASUALTY COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
Thai the Lumbermens Mulual Casually Company, a corporation organized and existing under the _ laws , of the
Slate of Illinois, and having its principal office in Long Grove, Illinois, does hereby j appoint •• ^'^^^^
^on its behalf as surety, and as its act and .deed: aad &u j^ds g^d under takings. *****************
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees Ihe payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by Ihe Lumbermens Mutual Casualty Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Lumbermens Mulual Casualty Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984
This Power of Attorney is executed by authority of a resolution adopted by Ihe Board of Directors of said Lum-
bermens Mulual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which
is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being
in full force and effect:
"VOTED, Thai Ihe President or any Vice President or Secrelary or any Assistant Secrelary shall have power and authority
lo appoint agents and attorneys in fact, and lo authorize them lo execute on behalf of Ihe company, and attach Ihe seal
of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and any such officer of the company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re-
solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day
of May, 1975:
"VOTED, That Ihe signature of Ihe President, any Vice President, Secretary or Assistant Secrelary, and Ihe Seal ol Ihe Com-
pany, and Ihe certification by any Secrelary or Assistant Secrelary, may be affixed by facsimile on any,power of attorney
executed pursuant lo resolution adopted by the Board of Directors on May 18, 1965, and any such power so executed,
sealed and certified with respect lo any bond or similar undertaking lo which it is attached, shall continue to be valid and
binding upon the Company."
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument lo be signed and
its corporate.seal to be affixed by its authorized officers, this 13th day of October 19.JLL-.
Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY
By r_
R.H. Johnson, Secreury • . C. H. Kasbohm, Vice President
STATE OF ILLINOIS!..
COUNTYOFCOOKJ
I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to
me to be Ihe same persons whose names are respectively as Vice President and Secretary of Ihe Lumbermens Mu-
tual Casualty Company, a Corporation of the Stale of Illinois, subscribed lo Ihe foregoing instrument, appeared
before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora-
tion and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: May 5, 1986
CERTIFICATION
I, Sven L. johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby cerlily Ihul the
Power of Attorney H^tprf October 13. 1982 _On hghalfni Same as above.************
: ,__. is a true and correct copy andlha
the same has been in full force and effect since the dale thereof and is in full force and effect on the date ol
this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed the
Power of Attorney as Vice President and Secretary respectively were on the dale of the execution of the at
lached Power of Attorney the duly elected Vice President and Secretary of the Lumbermen* Mutual Casual!'
Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate-seal of the Lumber
mens Mutual Casualty, Company on lhis__JjlL!L_day nf AUGUST , 19 o4
Sven L. lohanson, t-ire^
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically name
therein, and they have no authority to bind the Company except in the manner and to the extent herein slalec
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540-2000, CONTRACT BOND DEPARTMEN
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS, 60044
STATE OP CALIFORNIA >
COUNTY OP SAN DIEGO >
On this 13TH <
before me RFVCDI v a c
FLPFN p YECK
SS:
lay of
flMCDA77T
AUGUST in the year 1984
personally appeared
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument as the attorney in
fact Of LUMRERMFNS MIITIIAI r.ASIJAI TY COMPANY , andacknowledged to me that he (she) subscribed the name of
LUMBERMENS MUTUAL CASUALTY COMPANY thereto, and his (her) own
name as attorney in fact.
Given under my hand and Notarial Seal this
AUGUST , A.D. 19
13TH day of
My commission
CfFICIM. SEL
Bsverly A. Psngrazzi
RGT.W PUDUC-CiUFOKRiA
PPJ'SOiPAL C?FiCC IN Notary Public
H, Commission Expect 28. 1935FK 884 12-82 500
- 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 13TH day of AUGUST ,
19 84 .
T. B. PENICK & SONS, INC.
(Notarize or Corporate TH.QMAS L. PENICK
Seal for Each Signer) Contractor
<S MUTUAL CASU/^TY COMPANY
77.by
TLOEN B. YECR
ATTORNEY IN FACTSurety
STATE OP
COUMTY OF
CALIFORNIA,
SAN DIEGO ,
On this 13TH
S3:
day of AUGUST
before me BEVERLY A. PANGRAZ7I
ELDEN B. YECK
_, in the year 1984 ,
personally appeared
personally known to
Be (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument as the attorney in
fact Of | UMBERMENS MUTIIAI CASIIAI TY T.nMPANY • andLIsaacknowledged to me that he T*fi*
LUMBERMENS MUTUAL CASUALTY COMPANY
IUTIIAL .CASUAL"it he (she)ed the name of
thereto, and his (her) own
name as attorney in fact.
Given under my hand and Notarial Seal this
AUGUST > A.D. 19 84 *
My commission expires .
13TH day of
FK 884 12-82
OFFICIAL SEAL
Beverly A. Pangrazz! |«
SAN DiEGO COUNTY
My Commission Exn. 0
PRINTED IN U.S.A.
- 22 -
GENERAL PROVISIONS
PLANS AND SPECIFICATIONS
The specifications for the work shall consist of the latest edition of
the Standard Specifications for Public Works Construction hereinafter
designated 55PWC, 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 2 sheet(s) designated as City of
Carlsbad Drawing No. 2119. The standard drawings utilized for this
project are the San Diego Area Regional Standard Drawings» hereinafter
designated SORS, 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.
2. 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 1n 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, 1t 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, 1t 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.
- 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 "1n 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 1s 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 1n the requirements of the
specifications by reference shall be those of the latest edition at the
time of receiving bids. It shall be understood that the manufacturers
or producers of materials so required either have such specifications
available for reference or are fully familiar with their requirements
as pertaining to their product or material.
5. CONSTRUCTION SCHEDULE
A construction schedule is to be submitted by the Contractor per
Section 6-1 of the SSPWC at the time of the preconstruction
conference.
If the completion date shown on the Notice to Proceed letter is not met
by the Contractor, he will be assessed the dally salary of the City
inspector for each working day beyond the completion date, as damages.
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 45 consecutive calendar days from the date of
receipt of said "Notice to Proceed."
- 24 -
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.
8. MANUFACTURER'S INSTRUCTIONS
Where installation of work is required in accordance with the product
manufacturer's directions, the Contractor shall obtain and distribute
the necessary copies of such instructions, including two copies to the
City Engineer.
9. INTERNAL COMBUSTION ENGINES
All internal combustion engines used in the construction shall be
equipped with mufflers in good repair when in use on the project with
special attention to City Noise Control 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.
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.
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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 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/his own expense, shall have
the proposed substitute, material, apparatus, equipment or process
tested as to its quality and strength, its physical, chemical or other
characteristics, and its durability, finish, or efficiency, by a
testing laboratory as selected by the City. If the substitute offered
is not deemed to be equal to that so indicated or specified, then the
Contractor shall furnish, erect, or install the material, apparatus,
equipment or process indicated or specified. Such substitution of
proposals shall be made prior to beginning of construction, if
possible, but in no case less than 10 days prior to actual
installation.
14. RECORD DRAWINGS
The Contractor shall provide and 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.
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15. PERMITS
The general construction, electrical and plumbing permits will be
issued by the City of Carlsbad at no charge to the Contractor. The
Contractor is responsible for all other 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.
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.
- 27 -
18. WATER FOR CONSTRUCTION
Contractor shall obtain a construction meter for water utilized
during the construction under this contract. The Contractor shall
contact the appropriate water agency for requirements. Contractoor
shall include cost of water and meter rental within appropriate items
of proposal. No separate payment will be made.
19. SURVEYING
The Contractor shall employ a licenced land surveyor 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.
The Contractor shall include cost of surveying service within
appropriate items of proposal.
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SPECIAL PROVISIONS/SPECIFICATIONS
- 29 -
SPECIAL PROVISIONS FOR THE RE-CONSTRUCTION
OF THE
TAMARACK AVENUE •
CONTRACT NO. 3143
1. SCOPE OF WORK
The Scope of Work is to excavate in order to place asphaltic concrete
pavement and base material, sidewalk, and other Items of Work on Plan 211-9
in accordance with the General Provisions and Special Provisions. The Plans
are for the convenience of the Contractor and to direct the Contractor to
perform work, and supply material. Such plans and designations on them are
not to be the basis of claims of extra work beyond payments made in the bid
documents.
2. SPECIFICATIONS
The work covered herein shall be in accordance with the Standard
Specifications for Public Works Construction, as issued by the Southern
California Chapters of the American Public Works Association, and as these
may apply, and in accordance with the following Special Provisions. In case
of conflict between the Standard Specifications and these Special
Provisions, the Special Provisions shall take precedence over and shall be
used in lieu of such conflicting portions of either the Standard
Specifications or the General Specifications. Work on City of Carlsbad
curbs, gutters, sidewalks, cross gutters, storm drains, pavements, and
water!ines shall conform to the Standards of City of Carlsbad.
3. LOCATION
The project is located within the City Limits of the City of Carlsbad on
Tamarack Avenue, from Sunnyhill Drive to Skyline Road.
4. CONSTRUCTION SEQUENCE
All storm drain structures shall be constructed from the downstream end;
except for portions which are specifically designated as being accelerated
construction reaches by the Engineer due to traffic problems anticipated or
other situations where overriding public interest governs or construction
scheduling difficulties are being avoided.
5. CONSTRUCTION AND STRUCTURAL NOTES
All construction notes and structural notes and symbols used on the plans
direct the Contractor to perform the operations indicated, supply materials
required, and safeguard facilities. They are shown for the convenience of
the Contractor and clarity of the drawings and specifications and shall not
be the basis for claims of extra work. Payment for those items of work
shall be incorporated into the items of work to which they pertain and other
items and not separate payment will be made for them.
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6. PROTECTIVE AND SECURITY FENCES
The Contractor shall construct and maintain continuous protective and
security fencing (5' minimum height chain Itnk with posts at 10' intervals)
around all excavations 3' or more in depth or where the excavation is
considered unsafe at lesser depths. No access openings shall be left in the
fence when workers are not present. Fence shall be braced to stand against
wind and be secure against collapse, disassembly, or destruction by
unauthorized tampering. Fencing not under ownership of the Contractor may
be used as protective fencing only when specific permission for its use is
secured from the Engineer. All costs involved in construction, maintaining,
and removing this fence shall be absorbed in the bid price for Various Items
of Work and no separate payment will be made.
Contractor shall comply with the provisions of the California Occupational
Safety and Health Act of 1973 (Ch. 993, Stats. 1973) and with all rules,
regulations, orders, and standards adopted or issued pursuant thereto, and
with all other laws, regulations, and standards relating to safety.
All costs for labor, materials, and equipment required to design, construct,
repair, reconstruct, and remove all shoring shall be included in the bid
price for Various Items of Work and no additional payment will be made.
7. TRAFFIC REQUIREMENTS IN CARLSBAD CITY STREETS
The Contractor shall arrange his/her work in such a manner that the
following traffic requirements are satisfied:
A. Provide and maintain one 12-foot traffic lane during Contractor's
normal working hours and two 12-foot traffic lanes after normal working
hours for all streets.
B. The complete closure of any street requires prior approval of the
Engineer.
C. ' Vehicular access to any property in the project shall not be blocked
off.
8. TRAFFIC CONTROL IN CARLSBAD CITY STREETS
The traffic control includes the construction of detours, street closures,
and related work necessary and required for the construction of the storm
drain.
A. Notifications
The Contractor shall notify the following City Departments 24 hours
prior to the start of work on this project and 24 hours prior to the
closing or opening of a street or alley within the City of Carlsbad:
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Engineering Department - 438-5541
Police Department - 438-5511
Fire Department - 438-5521
The City of Carlsbad will furnish, at no charge to the Contractor,
"TEMPORARY NO PARKING" signs to be posted (and removed) by the
Contractor as required to facilitate progress of the work. The signs
shall be removed by the Contractor immediately when not required to
facilitate the work.
B. Barricades, Guards and Safety Provisions
To protect persons from injury and to avoid property damage, adequate
barricades, bridging, construction signing, warning lights, and guards
as required shall be placed and maintained during the progress of
construction work and until it is safe for traffic to use the street or
highway. All piles of material, equipment, pipe, and other objects
that may serve as obstructions to traffic shall be barricaded and have
warning lights. The warning lights shall be of intermittent flashing
type, amber in color and shall be working from one-half hour before
dusk continually until one-half hour after dawn the following morning,
and when visibility is poor. All safety rules and regulations of local
and State authorities shall be observed.
Portable delineators, including the base,shall be composed of a
material that has sufficient rigidity to remain upright when unattended
and shall be either flexible or collapsible upon impact by a vehicle.
The base shall be of such shape as to preclude roll after impact by a
vehicle. The base shall be of such shape as to preclude roll after
impact. The base shall be of sufficient weight or shall be anchored in
such a manner that said delineator shall remain in an upright
position.
If the portable delineators are damaged, displaced, or not in an
upright position, from any cause, said delineators shall immediately be
replaced or restored to their original location, in an upright
position, by the Contractor.
The vertical portion of the portable delineators shall be predominantly
orange color. The posts shall be not less than 2-1/4" in width or
diameter, if tapered, shall have a cross-sectional area of not less
than 100 square inches measured through the vertical axis of the
delineator, normal to the roadway. The minimum height shall be 37"
above the traveled way.
Fluorescent traffic cones shall be of good commmercial quality,
flexible material suitable for the purpose intended. The outer section
of the portion above the base of the cone shall be a highly pigmented
fluorescent orange polyvinyl compound. The overall height of the cone
shall be at least 28". The base shall be of sufficient weight and size
or shall be anchored in such a manner that the traffic cone will
remaining an upright position.
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C. Traffic Control
In order to expedite the passage of public traffic through or around
the work and where ordered by the Engineer, the Contractor shall
install signs, lights, flares, barricades, and other facilities for the
sole convenience and direction of public traffic. Also, where directed
by the Engineer, the Contractor shall furnish competent flagpersons
whose sole duties shall consist of directing the movement of public
traffic through or around the work. No material or equipment shall be
stored where it will interfere with the free and safe passage of public
traffic and at the end of each day's work and at other times when
construction operations are suspended for any reason, the Contractor
shall remove all equipment and other obstructions from that portion of
the roadway open for use by public traffic.
Existing traffic signal and highway lighting systems shall be kept in
operation for the benefit of the traveling public during progress of
the work and other forces will continue routine maintenance of existing
systems.
The Contractor may be required to cover certain signs which regulate or
direct public traffic. The Engineer willl determine which signs shall
be covered.
Construction operations shall be conducted in such a manner as to cause
as little inconvenience as possible to abutting property owners. All
streets and highways used by the Contractor shall be kept free of
debris, dust, and mud by the Contractor.
Personal vehicles of the Contractor's employees shall not be parked on
the traveled way at any time, including any section closed to public
traffic.
When entering or leaving roadways carrying public traffic, the
Contractor's equipment, whether empty or loaded, shall in all cases
yield to public traffic.
The provisions in this section may be modified or altered if, in the
opinion of the Engineer, public traffic will be better served and work
expedited. Any proposed modifications shall be approved in writing by
the Engineer.
Whenever a lane closure is nade, the Contractor shall close the lane by
placing fluorescent traffic cones, portable delineators, or other
devices approved by the Engineer, along a taper and along the edge of
the closed lane adjacent to public traffic. One telescoping flag tree
with flags shall be placed at the beginning and at the end of the
taper.
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Whenever work is being performed adjacent to a lane carrying traffic,
the edge of lane or edge of pavement shall be delineated by placing
temporary portable delineators adjacent thereto.
Should the Contractor appear to be neglectful or negligent in
furnishing warning and protective measures as above provided, the
Engineer may direct attention to the existence of a hazard and the
necessary warning and protective measures shall be furnished and
installed by the Contractor at his/her expense. Should the Engineer
point out the inadequacy of warning and protective measures, such
action on the part of the Engineer shall not relieve the Contractor
from responsibility for public safety or abrogate his/her obligation to
furnish and pay for these devices.
Full compensation for furnishing, placing, maintaining, replacing and
removing construction signing, barricades, delineators, and traffic cones;
for covering signs as directed by the Engineer; and for furnishing
flagpersons shall be considered as included in the various contract items of
work involved and no separate payment will be made therefor.
9. DUST CONTROL
The Contractor shall furnish a water supply vehicle on the job site. The
Contractor shall apply water in the amounts and at intervals as directed by
the Engineer. The water supply vehicle and an operator shall be available
upon a reasonable notice as determined by the Engineer for after-hour,
weekend, or holiday dust control work. If the Engineer is not available for
dust control measures, the City will arrange for the work to be performed by
others and will deduct all equipment, labor, and material costs thereof from
the contract amount. The Contractor shall place a 1-inch thick temporary
pavement over storm drain trenches within intersections as soon as they are
backfilled to prevent dust from cross traffic. The Contractor shall furnish
a street sweeper vehicle on the job site and shall sweep areas as directed
by the Engineer.
All-costs involved for dust control, including supplying and operating water
supply vehicles, street sweepers, furnishing and placing temporary pavement,
shall be absorbed in other items of work.
10. NOTIFICATION TO RESIDENTS AND PROPERTY OWNERS
It shall be the responsibility of the Contractor to notify in writing all
property owners and residents along any street closed to traffic at least 24
hours prior to closure. If driveways are to be closed, the property owner
and/or resident shall be notified in writing 24 hours in advance, and the
period of closure shall be specified to the affected resident or property
owner. All costs involved in notification shall be absorbed in other items
of work. In the event of failure to notify by Contractor, the Contractor
shall, at the direction of the Engineer, restore property access
immediately.
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11. PROTECTION, RESTORATION. AND CLEANUP OF EXISTING IMPROVEMENTS
The Contractor shall be responsible for the protection, restoration, or
replacement of any improvements existing on'public or private property at
the start of work or placed there during the progress of work and not
specified or shown on the Plans to be permanently removed. All existing
improvements shall be reconstructed to equal or better the existing
improvements removed or damaged.
The Contractor shall select his/her equipment with a view of minimizing the
damage to street. The equipment or the type of construction method used
which tends to inflict unnecessary damage to the street, in the judgment of
the Engineer, may be ordered discontinued unless the Contractor
demonstrates, to the satisfaction of the Engineer, that modifications to
his/her methods or equipment will not inflict unnecessary damage to the
street.
In submitting a bid, the Contractor will be deemed to have carefully
examined the site of the work and to have become acquainted with all
conditions relating to the protection and restoration of existing
improvements. The City does not guarantee that all improvements are shown
on the plans and it shall be the Contractor's responsibility to provide in
the bid for the protection and restoration of all existing improvements
except those otherwise specified herein.
All curbs, gutters, sidewallks, and driveways shall be removed and replaced
to the next joint or scoring line beyond the actually damaged or broken
sections; or in the event that joints or scoring lines do not exist or are
three or more feet from the removed or damaged section, the damaged portions
shall be removed and reconstructed to neat, plane faces. All new concrete
shall match, as nearly as possible, the appearance of adjacent concrete
improvements.
The Contractor is required to conduct concurrent cleanup operations as the
work proceeds. Construction site shall be completely cleaned of dirt,
debris, trench spoil, equipment and construction material; and areas are to
be completely restored.
Dumping or storage of materials or storage of equipment in public rights-of-
way or private property requiring subsequent cleanup shall not be permitted
unless written permission is secured from the agency having jurisdiction or
owner of the property and submitted to the Engineer and approved.
All costs involved in protection, restoration, and cleanup of existing
improvements shall be included in other items of work.
12. STORAGE OF MATERIALS IN PUBLIC STREETS
No materials shall be stored in public sidewalks or driveways. No materials
shall be stored other than those where the storm drain is to be constructed
as part of this contract, and then only within the limits of the
construction subject to the additional restrictions listed below:
- 35 -
A. Storm drain, sewer, and water pipes may be stored on public streets for
a period not to exceed five working days.
B. Excavated and backfilling materials may be stored within 25 feet of the
pipe-laying operation only.
C. Construction equipment and forming materials may be stored within 25
feet of the pipe-laying operation only.
All cost involved to comply with the above requirements shall be included in
the price bid for Various Items Of Work, and no additional payment will be
made.
13. UTILITIES
Utilities for the purpose of these specifications shall be considered as
including, but not limited to pipe lines, conduits, transmission lines, and
appurtenances of "Public Utilities" (as defined in the Public Utilities Act
of the State of California) or individuals solely for their own use or for
use of their tenants, and storm drains, sanitary sewers, and street
lighting. The City of Carlsbad and affected utility companies have, by a
search of known records, endeavored to locate and indicate on the Plans all
utilities which exist within the limits of the work. However, the accuracy
or completeness of the utilities indicated on the Plans is not guaranteed.
Service connections to adjacent property may or may not be shown on the
plans. It shall be the responsibility of the Contractor to determine the
exact location of all utilities and their service connections. The
Contractor shall make his/her own investigation as to the location, type,
kind of material, age and condition of existing utilities and their
appurtenances and service connections which may be affected by the contract
work, and in addition he/she shall notify the City as to any utility,
appurtenances, and service connections located which have been incorrectly
shown on or omitted from the plans.
The Contractor shall notify the owners of all utilities at least 48 hours in
advance of excavating around any of the structures. At the completion of
the contract work, the Contractor shall leave all utilities and
apppurtenances in a condition satisfactory to the owners and the City. In
the event of damage to any utility, the Contractor shall notify the owners
of the utility immediately.
The temporary or permanent relocation or alteration of utilities, including
service connections, desired by the Contractor for his/her own convenience
shall be the Contractor's own responsibility, and he/she shall make all
arrangements regarding such work at no cost to the City.
In order to minimize delays to the Contractor caused by the failure of other
parties to relocate utilities which interfere with storm drain structures,
the Contractor, upon request to the City, may be permitted to temporarily
omit the portion of work affected by the utility. The portion thus omitted
shall be constructed by the Contractor immediately following the relocation
of the utility involved unless otherwise directed by the City. Should the
omitted portion of the work consist of concrete pipe, the Contractor may
- 36 -
complete said portion by constructing a transition structure in lieu of
pipe. Payment for such transition structure will be made on a linear-foot
basis at the price bid for the pipe item involved.
The Contractor shall support and protect all utilities and service
connections found not to interfere with the permanent project work. It
shall be the Contractor's responsibility to provide continuous and safe
operation of all utilities protected and supported. The Contractor shall be
responsible for all damages and costs that may be caused by his/her failure
to protect and support utilities in a satisfactory manner.
Payment for protecting and supporting utilities are as follows:
A. All costs involved for protecting and supporting utilities shown on the
Plans as "protect (utility)" shall be included in the Various Items of
Work.
B. All costs involved for protecting and supporting utilities that
parallel the storm drain construction shall be included in the price
bid for storm drain construction. The definition of a parallel utility
for the purpose above shall be as follows: Any utility which runs more
or less parallel to the pipeline being constructed and located more
than two feet measured horizontally from the outside diameter of the
pipeline being constructed.
C. Payment for protecting and supporting all utility lines found within
the trench or structure excavation lines shall be included in the price
bid for the storm drain or structure.
Certain abandoned utility lines (mains and services, primarily gas) may not
be shown due to insufficient data on the project drawings. The Contractor
shall apply to the gas company or other utility company for assistance in
identifying abandoned or out-of-service lines. The Contractor shall take
due precautionary measures to effect their removal and ultimate
abandonment.
The Contractor shall relocate all water service connections found to
interfere with permanent project work. All costs involved to relocate all
water service connections shall be included in the Various Items of Work.
14. USE OF PAVEMENT SAWS
A concrete pavement saw shall, where practical, be used in the removal of
all existing concrete curbs and gutters, and sidewalks. A full depth of saw
cut shall be used where possible. Minimum depth of saw cut shall be 2/5-
thickness of the concrete pavement. The bituminous pavement shall be saw
cut to a neat vertical line prior to paving. Concrete pavement cracked by
the Contractor's operations shall be sawn at removal lines determined by the
Engineer. Payment for the use of concrete or pavement saws shall be
absorbed in the Items of Work for which they are used.
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15. ABANDONED UTILITIES AND STRUCTURES
Unless otherwise specified, gas lines, sanitary sewers, storm drains, or
other structures which have been abandoned or are to be abondoned as a
result of the construction, the interfering portions shall be removed and
the remaining exposed portions sealed with an 8-inch wall of brick and
cement mortar. All interfering materials shall become the property of the
Contractor and shall be disposed of by him away from the site of work.
The costs of all such work specified in this section shall be absorbed in
the price bid for the Various Items Of Work, and no additional payment will
be made.
16. TRENCH EXCAVATION
The Contractor shall obtain a Right-of-Way Permit from the City of Carlsbad
prior to start of work.
Excavation for storm drain conduits shall be by open trenches with vertical
sides unless otherwise approved by the Engineer.
The trench clearance from excavated wall shall be shoring thickness, plus 12
inches on each side of conduit, measured at top of pipe.
If, in the opinion of the Engineer, the maximum trench width shown on
backfill details is exceeded to the extent that the load on the pipe is
increased so as to require additional or another type of bedding or a higher
"D-load" strength pipe, such additional bedding or increased strength of
pipe shall be furnished and installed by the Contractor at no additional
cost to the City.
All excavated material unsuitable for trench backfill and excess excavated
material shall become the property of the Contractor and shall be disposed
of by him/her away from the site of work.
All costs involved for trench excavation and disposal of excess excavated
material and excavated material unsuitable for trench backfill shall be
included in the price bid for the construction of the storm drain.
17. STORM DRAIN BEDDING
The subgrade or basement material on which the storm drain is to be
constructed shall be firm, thoroughly compacted and true to grade.
The #3 or #4 crushed rock shall be natural rock and shall be mechanically
crushed with 100% passing the one-inch sieve and 95% retained on a 3/8-inch
sieve and no more than 2% passing #20 sieve. The rock shall be compacted
mechanically after placement in the trench and shaped to receive the pipe.
Payment for all bedding materials, including furnishing, shaping, and
compacting is included in the lineal foot price of the conduit being
constructed or absorbed in cost of the structure.
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18. REINFORCED CONRETE PIPE
Reinforced concrete pipe shall conform to the provisions in Section 207-2.1
of the Standard Specifications and be installed in accordance with the
Plans.
In lieu of any standard classes of pipe strength specified in the Standard
Specifications, reinforced concrete pipe shall have the minimum "D-load"
strengths as shown on the Plans.
The specified "D-load" strengths for design of reinforced concrete pipe are
based upon the loads to which the pipe will be subjected upon completion of
the project. Should the Contractor, as a result of his/her construction
methods, or for any other reason, subject the pipe to loading which is
greater than that for which the pipe was designed, it shall be the
Contractor's responsibility to take whatever steps are required to
strengthen or otherwise protect the pipe from damage. Pipe stronger than
that specified may be furnished at the Contractor's option and expense.
Payment for reinforced concrete pipe shall be on a lineal foot basis and
shall include, but not be limited to, all materials and labor to furnish
and install the following items:
A. Placing and joining reinforced concrete pipe.
B. Removing and disposing of existing pavement of any type.
C. Trench excavation and removal or abandonment of interfering utilities
and structures.
D. Removing and disposing of excess excavated materials.
E. Removing and disposing of excavated materials that are unsuitable for
trench backfill.
F.- Dewatering of excavations.
G. Furnishing, placement, and compaction of trench backfill material.
H. Shaping pipe bedding material and placing concrete supports for
existing pipes.
I. Furnishing and placing or removal of brick and mortar seals.
J. Protecting and supporting of utilities.
K. Furnishing and placing or preparing any joints or jointing material
required.
L. Furnishing and placing concrete collar.
- 39 -
The above shall include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals, and for doing all work
involved in installing different sizes and classes of pipe inluding
connecting new pipe to exisitng facilities, complete in place, and
furnishing and disposing of water used for testing, as shown on the Plans,
and as specificied in these Specifications and the Special Provisions, and
as directed by the Engineer.
19. CLEARING AND GRUBBING
Clearing and grubbing shall include, but not be limited to, the removal and
disposal of all asphalt berms, concrete curbs, gutters, sidewalks,
driveways, trees, or shrubs, and any other deleterious matter necessary to
acomplish 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 for clearing and grubbing and disposal shall be included in the
price bid for Various Items Of Work and no additional payment will be
made.
20. 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. Soil areas adjacent to buildings shall slope away from the
building to allow for positive drainage. 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.
21. CONCRETE CURBS. GUTTERS, SIDEWALKS, SIDEWALK RAMPS AND DRIVEWAYS
A. The construction of concrete curbs, gutters, sidewalks, and driveways
shall conform to Section 303-5 of the SSPWC.
B. Portland cement concrete shall be 2500 PSI and shall conform to Section
201-1 of the SSPWC.
- 40 -
C. Concrete sidewalks shall be 4" in thickness. Driveways shall be 5-1/2"
in thickness.
D. Prior to removal all sidewalks and curbs shall be removed to neat joint
lines. No paralleling joint shall be placed closer than 4 feet to an
existing score line or expansion joint. Scoring lines shall have a
minimum depth of 1/4 inch and a radius of 1/8 inch.
E. Measurement and payment for concrete curbs, gutters, sidewalks,
sidewalk ramp, and driveways shall conform to Section 303-5.9 of the
SSPWC.
F. Payment for concrete work shall include all labor, equipment, and
materials necessary to construct the work, including the brush finish
and handicapped ramps complete and in place as shown on the Plans, as
specified in these Special Provisions, and as directed by the
Engineer.
22. ASPHALT JOIN
A. The Contractor shall saw-cut the existing asphalt road surface along a
line as directed by the Engineer to provide a smooth join section and
to allow sufficient space for the installation of the gutter form
work.
B. After the removal of the concrete forms, the pavement shall be replaced
with a structural section consisting of 4" of asphalt concrete over 6"
of aggregate base material.
C. Asphalt and base materials shall conform to the requirements as
specified in the Asphalt Pavement Section of these Special Provisions.
D. All driveways shall be saw-cut for an appropriate width and length to
match the new improvements.
E. Payment for asphalt concrete joining and feathering and excavation and
aggregate base material for the join section shall be included in the
items of work.
23. AGGREGATE BASE
A. Aggregate base materials shall conform to the requirements of Section
301-2.1 through Section 301-2.4 of the SSPWC.
B. Aggregate material supplied shall have a maximum water content of 3% at
time of weighing.
C. Measurement and payment for aggregate base shall be considered included
in the bid item for aggregate base and no additional payment will be
made.
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24. ASPHALT CONCRETE PAVING
A. Asphalt concrete shall be Type I-B-AR-4000 and shall conform to 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 prime coat shall be applied to the surface of the untreated aggreate
base at the rate of 0.25 gal/SY. The prime coat shall be Grade SC250.
D. 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 SSI asphaltic emulsion.
E. A seal coat shall be applied to the finished surface at the rate of
0.10 gal/SY. The seal coat shall be Type SSI asphaltic emulsion with a
60-70 grade liquid asphalt.
F. 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.
G. Contractor shall have compaction testing done on aggregate base and
asphalt paving per Standard Specifications by a soil testing firm
approved by the City.
H. Compensation for the asphalt concrete paving, including prime, seal and
tack coats for the roadway join section, and testing, complete and in
place, shall be included in the unit price bid for asphalt concrete
paving and no separate payments will be made. 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.
25. EXISTING ACCESS HOLES, AND GAS VALVES
The Contractor shall adjust all existing access hole frames and covers, and
gas valve frames and covers in work area to finish grades. All costs of
complying with the requirements of this paragraph shall be included in the
price bid for the Various Items Of Work, and no additional payment will be
made.
26. EXISTING STREET NAME SIGNS, STOP SIGNS. MAIL BOXES. AND FENCES
The Contractor shall relocate all existing street name signs, stop signs,
mail boxes, and fences in work area to new location shown on the Plans.
Payment for relocation of street signs, stop signs, mail boxes, and fences
shall be included in the price bid for the Various Items Of Work, and no
additional payment will be made.
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27. CONCRETE BLOCK MASONRY (RETAINING UALL)
A. The work shall conform to the requirements of Section 303-4 of the
SSPWC.
8. Payment for concrete block masonry shall be as specified in the prices
bid for Concrete Block Wall Section, and shall include full
compensation for the furnishing of all labor, materials, tools, and
equipment, and performing all work involved in constructing such
concrete block masonry in place as shown on the Plans.
C. Unless otherwise specified, concrete block masonry walls shall be
measured parallel to the finished grade deducting the widths of full-
height openings.
28. CONCRETE CATCH BASINS AND ACCESS STRUCTURES
A. The work shall conform to the requirements of Section 303.1 of the
SSPWC and to these Special Provisions.
B. The price paid for these items shall include all the materials,
equipment, excavation, connection to existing storm drain pipe, labor,
and operations necessary to construct them complete and in place as
shown on the Plans and as specified in these Special Provisions, and no
additional payment will be made.
29. FINAL CLEANUP
The construction site shall be left in a neat and presentable condition.
The cost of site cleanup shall be considered as included in Other Items Of
Work, and no additional payment will be made.
30. STORM AND GROUNDWATER DAMAGE
The Contractor shall, throughout the entire term of the contract, assume
all risks and expenses of interference and delay in the operations, and the
protection from or the repair of damage to improvements being built by the
Contractor under the contract as may be caused by water of whatever
quantity from floods, storms, industrial waste, irrigation, underground, or
other sources. However, the Contractor may also assume full responsibility
and expense of protecting or removing and returning to the site of work,
all equipment or materials under his/her care endangered by any action of
the elements.
Furthermore, the Contractor shall indemnify and save harmless the City
against all claims or suits for damage arising from his/her 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 compensation for such removal and
disposal will be made.
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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.
31. 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 8" in any dimension,
or other deleterious substances as determined by the City.
C. Trees designated to remain shall be protected. Soil shall not be piled
or compacted with in 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. Rough grading shall be within plus or minus 0.1 foot of final
elevations. Finish grades shall be the maximum elevations as shown on
the drawing with a minus tolerance of 1/2", if uniformly distributed.
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 90% of the maximum
• dry density when tested in accordance with ASTM D1557.
G. Fill material shall be brought to the optimum moisture content prior to
compaction. No fill work is to be done during unfavorable weather.
H. All areas showing visible movement when equipment passes over them
shall be stablized prior to pavement.
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
Grading.
J. Payment for this work shall be included in the price bid for Grading,
and no additional payment will be made.
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32. SLOPE PLANTING AND LANDSCAPING
Acacia shrubs shall be planted in like number as shown on the Plans at the
beginning of construction. All existing slopes that are disturbed shall be
fully restored with identical slope plants in sufficient quantity to insure
erosion protection and landscaping needs.
All new slopes planted with vegetation matching the adjacent existing
landscape in sufficient quantity to insure erosion protection and landscape
needs.
Payment for all slope planting and landscaping shall include all materials,
equipment, labor, and operations necessary to complete this work in place as
specified, and no additional payment will be made.
33. STREET LIGHTS
Street lights shall be 200 watt, 22,000 lumen, high-pressure sodium type.
Pole standard foundation and wiring shall be to San Diego Regional Standards
and Amer its shown in the City of Carlsbad Standards.
Payment - street lights complete in place shall be as shown on the
proposal ! shall be considered full compensation for street lights and no
additiona layment will be made.
34. FENCE RELOC HQN
Relocation f fencing as shown on the plans shall be performed so that no
fencing w^ be down or non-functional for a period longer than three (3)
calendar <; s.
Compensat for this item of work is included in the unit price bid for
other Var Items of Work, and no additional payment will be made.
Liquidate amages will be charged to the Contractor for any time exceeding
the three ,3) day limit on non-functional fence relocation.