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HomeMy WebLinkAboutThibodo Construction Co Inc; 1985-01-31; 3169i t CITY OF CARLSBAD San Oiego County California CONTRACT DOCUMENTS & SPECIFICATIONS for CARLSBAD BOULEVARD STORM DRAIN CONTRACT NO. 3169 TABLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 7 DESIGNATION OF SUBCONTRACTORS 8 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 10 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 11 CONTRACT 12 LABOR AND MATERIALS BOND 17 PERFORMANCE BOND 19 GENERAL PROVISIONS 21 SPECIAL PROVISIONS 29 - 1 - CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be recieved at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 4:00 PM on the 2nd day of January, 1985, at which time they will be opened and read for performing the work as follows: CONTRACT NO. 3169 The work shall be performed in strict conformity with the speci- fications therefore 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 de- scription 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 the 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 (10) days after the Contract is awarded. Pursuant to the pro- visions of law (Government Code Section 4590), appropriate secu- rities 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 Esti- mate. The estimated quantities are approximate and serve soley as a basis for the camparison of bids. The Engineer's Estimate is $128,000.00 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 classi- fication in the proposal. - 2 - One set of plans, special provisions, and Contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, at no cost to licensed Contractors. Additional sets are available for a nonrefundable fee of $5.90 per set. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbad City Clerk. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code.- The provisions of Part 7, Chapter 1, of the California Labor Code commencing with Section 1720 shall apply to the Contract for work . Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds to secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100$) of the Contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. ~~7&J*£, , adopted on the 3-<s> rrt day of t 1 9 ^ V . . ?< Date ' Aletha L. Rautenkranz, Cit/Clerk \*~~ , Cit^/ - 3 - CITY OF CARLSBAD CONTRACT NO. 3169 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. 3169 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 Article w/Unit Price or Quantity Unit Lump Sum Written in Words & Unit _ Price TOTAL IS/ , 0Mobilization Complete on L.S. 6CCC.° 5,CCC.°' site at Ftoe Dollars & — °7/oC ~ cents per lump sum. Maximum allowed bid for this item is $5,000.00. 18" R.C.P. complete in 193 L.F. place at ^IUNT y r^^ Dollars & — "Vioo - cents per linear foot. a 3. 24" R.C.P. complete in 127 L.F. c,M ,5- \\el'5'rlc*' ' '-/place at Dollars & - 'V(oc - cents per linear foot. 4. 48" R.C.P. complete in 713 L.F. f, 4 place at o.v>eV\o,^r.=-c\ £.£4^.0- l(Sc'° ^(ete 7° Dollars & ~ c<'-Y.o^. — cents per linear foot. Item Article w/Unit Price or No 6. Lump Sum Written in Words D-10 cleanout Type B-5 Complete In place at Dollars 4 each. c"-'/t ti 5 cents Type E 5' Inlet complete In place at Dollars 4 —Oc'-/t ^ - each . cents Type B 5' Inlet complete In place at T^c TVvaos*wo-C'..jg Dollars 4 - ^/t QC — cents each . Approximate Quantity 4 Unit 3 ea. Unit Price ( (eOO ut TOTAL 1 ea H 3000.«'' 3,000." 3 ea, Total amount of bid in words: QM£ HxJNlOg.g^-rV\ftTy cue TV\&o:wo u><ui4v/ouaf' Total amount of bid in numbers: $ 1^1099.^ Addendum (a) No(s) »\iM^e has/have been received and is/are included in this proposal. to 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. - 5 - Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. Identification The Undersigned bidder hereby represents as follows: 1. That no Council member, 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 8^0 & 6 tf c> _ (Cash, Certified Check, Bond, or Cashier 's Check) Tn an amount of not less than ten percent (105«) of the total bid price. The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this Contract. The Undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. I TK» g>coo Phone Number Date AutfrtaTL&e-a1 "Signature Authorized Signature Bidder's Address Type of Organization (Individual, Corporation, or Partnership) - 6 - List below names of President, Secretary, Treasurer, and Manager, if a corporation; and names of all partners, if a partnership: o.- „ r* —i _ - - Art •e s TU.CUoo - \)v P. STATE OF CALIFO COUNTY OF IA said State, personally appeared. Iss. _, before me, the undersigned, a Notary Public in and for , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Prnaidant «nH _ Secretary, on behalf of / £>O<ZCJ 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 KRISTI DRAKE NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires FEB 26, 1988 (This area for official notarial seal) 4UST BE f£ Industrial Indemnity Company Home Office KNOW ALL MEN BY THESE PRESENTS: Proposal or Bid Bond Bond No. Premium $ THAT THIBODO CONST. CO., INC. P. 0. BOX 2537 VISTA, CA 92083 (hereinafter called the Principal) as Principal, and INDUSTRIAL INDEMNITY COMPANY __ a corporation created and existing under the laws of the State of CALIFORNIA _ , with its principal office at SAN FRANCISCO _ , (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Carlsbad (hereinafter called the Obligee), in the full and just sum of Ten percent of the total amount of bid in Dollars ($ 10^ ), good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal herein is submitting a proposal for Carlsbad Boulevard Storm Drain NOW, THEREFORE, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract for the completion of said work and furnish bonds as required by law, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence satisfactory to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed, sealed and dated this 2nd day of January 19 85 THIBODO CONST. CO., INC. Kin sti Drakei, Assi stant Secretary INDUSTRIAL INDtMMTV COMPANY -Q. Ou* 30965" C;ilifornia 9: WM LIAM E. SPICER, AttorneV^Fact Principal Attorney-in-fact State of County of SAN DIEGO ss. OFFICIAl SEAl RGARET E. McCOBB NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires Dec. 26, 1987 On this the2jld_ day of January 1985 , before me. MARGARELLJAcCQBJL the undersigned Notary Public, personally appeared WILLIAM E. .SPICER |X| personally known to me I .I proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as CT _ or on behalf of the corporation therein named, and acknowledged tome that the corporation executedjjjt. * * WITNESS my hand and official seal. Notary's Sign^rtire of 217 INDUSTRIAL INDEMNITY &noto all men fop tfjetfe HOME OFFICE -SAN FRANCISCO That the INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of Cali- fornia, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint -WILLIAM E. SPICER or 0. M. POPE- its true and lawful attorney for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipula- tions, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of —ALL OBLIGEES-03 3 Q. provided that the liability of the Company as surety under his authority, in no one instance shall exceed the sum of UNLIMITED thousand dollars, and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of the INDUS- TRIAL INDEMNITY COMPANY, at a meeting held on the 29th day of March, 1968, reading as follows: "RESOLVED, chat K. K. Bechtel, Chairman of the Board, or Fred Drexler, President, or J. W. Pedersen, Vice President, of this company, when attested by the Secretary or an assistant secretary, be and he hereby is authorized to execute Powers of Attorney quali- fying the attorney selected to act under such Power of Attorney to execute on behalf of Industrial Indemnity Company bonds, under- takings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto." In witness whereof, the INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its Corporate Seal to be affixed by its proper officers, at the City of San Francisco, California, this 18th ^ay °' NOVEMBER • W59 SEAL Attest: CLARENCE G. JOHNSON ' '(CLARENCE" "G."" JOHNSON) INDUSTRIAL INDEMNITY COMPANY By J> W. PEDERSEN ""(j';"w'.""PEDERSEN)VICE PRESIDENT CT Oc 3 Q. C 3 3- CD Secretary STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO On this 18th day of NOVEMBER ,1969 , before me MARY MUELLER a notary public in and for the City and County of San Francisco, State of California, personally appeared J. W. PEDERSEN and CLARENCE G. JOHNSON known to me to be the VICE PRESIDENT and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on Mar. 29, 1968, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL My commission expires JULY 14, 1971 MARY..MUELLERNotary Public in and for the City and Countyof San Francisco, State of California. I, L. E. MULRYAN SECRETARY of the INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the power of attorney granted herein and the resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said power of attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer andafgBsdth^seal of the INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California this dav^p^^/-- , 19 (L. TS. MULRYAN) SECRETARY SEAL FORM 1Y041 R4 (5/B8) - 8 - DESIGNATION OF SUBCONTRACTORS The Undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following information is required for each subcontractor. Additional pages can be attached, if required: Full Complete Items of Company Address Phone No. Work Name w/Zip Code w/Area Code - 9 - DESIGNATION OF SUBCONTRACTORS (continued) The bidder is to provide the following information on the subbids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. Type of State Carlsbad Amount Contracting Business of Full Company Name License & No. License No.* Bid ($ or %) *Licenses are renewable annually by January 1st. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed Contracts. Otv " 'Bidder's Company Name (Notarize or r\ \ Corporate Seal) Y-0 . &Q* .?-5V7 ^tStA Bidder ' s/eamteTleVTb Address Authorized Signature TIIIBULiO CONST. CO. INC.PAfcE I BALANCli SHEET ALL UtFAKTKENTS 1/01/04 1'HRUUijH 11/30/84 ASSETS CURRENT ASSETS CASH UNBILLED RliCUiViiABLliS CURRENT RECEIVEABLE TCCJ. DISPUTEU KECE1VEABLES CURRENT KETENTION RECEIVABLE DISPUTED KETENTION RECEIVEABLE OTHER ACCOUNTS KECE1VEABLE DISPUTED BACK/XTRA WK RECEIVE. KECEIVEABLE OTHER INTEREST ADVANCES DEPOSITS PREPAIDS RES. UNCOLLECT1ABLE NTS TOTAL CURRENT ASSETS PROPERTY I EQUIPMENT BUILD INfcS ACCUM. Dlii'R. BUILOINij'j CONSTRUCTION MACH. £ tUUlP j ACCUM. DliPR. CONST. M/^ j OFFICE tURNlTURE ACCUM 0 i£ t* L) lr lr i. CIL '' LI K N I i1 U1"^ *' • TRANSPORTATION EQUIPMENT ACCUM. DEPR. TRANS. EQUIPMENT NET P«OPli«IY 4 li \ OTHER ASSfcTS LONG TERN MOTH KECtlVABLE OTHER ASSETS 1 TOTAL OTHER ASSETS • ^ J TOTAL ASSETS I j b6.0'/2.08 134,538.50 235,435.65 211,413.75 71,226.42 234,469.96 2.120.32 83,074.78 9.228.33 1.480.94 9.261.00 5.255.00 197,471.50: •<J1, VuO.77 2i.G68.00) 1,604.267.38 339.550.62) 09,025.45 40,913.00; 161,556.73 97,426.001 :l, 9!J9.48 947.64 ^06,105.23 937.442.71 32,907.12 * 1,876.455.06 THIBOOO CONST. CO. INC. BALANCE SHEET ALL DEPARTMENTS 1/01/84 THROUGH 11/30/84 PAGE CURRENT LIABILITIES . ACCOUNTS PAYABLE DISPUTED ACCOUNTS PAYABLE ; ACCRUED LIABILITIES ; CREDIT LIHt ' LOAN t'OR 'JAN MARCOS JO* i LOANS tOk LAKt AKKOWHEAD ,LOAN DUE tO RLT PAID UN CREDJ 1 ACCOUNTS PAYABLE OTHER ! TOTAL CURRENT LIABILITIES I LOANS PAYABLE LOANS PAYABLE PROVISION kOK TAXES DEFERRED RESERVE I'OK A TOTAL LUNG TERM DEBTS t TOTAL LIABILITIES t EQUITY T TREASURY STOCK , CAPITAL STOCK " RETAINED EARNINGS ADJUSTING ENTRIES WET INCOME (LOSS) TOTAL EUUITY TOTAL LIABILITIES liUUITY LIABILITIES & EQUITY 361.849.50 1 JO,473*59 ': 0,805. 27 730,323.49 10,953.00 10 ,'700." oo 3,327.60 •'J9S.048.54 322,067.15 11.463.00 24,504.00 * 1,339.009.33 *( 1,640.00 420,026.76) 78,714.64 US,'/I 3. 54 *( 3J3,982.69) .00 J16.536.96) * 1.876.455.06 T HI BUD U CONST. CO. INC. INCOME STATEMENT ALL Litl'AKXKENTS 1/01 A34 THROUGH i 1/30/8. PAfjE INCOME PROGRESS hilLLlNbS i BACKCHij'J :.'< LXTRA WORK MISC. SMALL JOBS < UNBILLED iJJL-ViJNUiL; DISCOUNTS LAKNhU INCOME ON SUb- CON. TRACTS INTEREST INCOME GAIN t'ROM SALii Of ASSLT M I3CELLAN.EOUS INCOME EQUIP. RENTAL INCOME TRUCK RENTAL INCOME TOTAL INCOMi: * COST dfc CONTRACTS LABOR * COST Of SALES SUb CONTRACTS MATiiR 1ALS EQUIPMENT KENT ALS OUTS1DU SLRVICLS OTHER JOtiL EQUIPMENT RENTALS TOTAL COST Of CONTRACTS i GROSS FROflTS 'i GENERAL a ADMIN. EXPENSES GENERAL Si ADMIN. EXPENSES TTL.t BIDDING EXPENSE rt MOUNT 960 3.520 1 ,409,8 '! BO 03 76 •jt. .i U iJ .00 .00) .8 31 //• K AT Id 66.26 t .02 <. .06) ( 3 . 25 .0 24.8 1 o AHOUNT 3.761,992. 960. 3,520. 184.538. 1 , 409 .85 .01 8,783.31 .15 ~; O 242 36 , 5 « O , 0 Q i.i 44 73 .8 • O .5 <;r ^> 7 .50 4.27 .64 5 , 677 . 656 . 19 100 . 00 * 1.065 1,355 1.341 i 64 305 319 ••'•• 4.555 1,122 558 "i•j ,5 ,5 ,0 . 2 . .1 „ 2 /,» ' * . 1 68 16 40 37 02 42 70 7 7 . 1 '"*!a i'j .7 4 6 9 18.7 23 ,. 8 23 . 6 .08 2.S . ,j . 6 :J v^ .50 .93 ,478.2 .613 ,399 .1 '6 r?/ .68 5 . 3 i - •J « t." 7 * 7 /-i 9 • / ' t .08 80.2 19.7 9.8 .0 2 i •(: i 4 $ 4 8 28 242 36 5,677 1 ,065 1 .355 1.341 164 305 319 /. 4.555 } . 122 i r Ci:) •-! O ,J 1 . '-.' (1•_.1 '-.• V • . 8 0 3 . 476. .733. ,582. ,344. ,073. , 6 5 6 . ,568. ,516. ,040. t ,J %J / • .102. ,242. ,470. ,177. ,478. 16 00 00) 50 '"f O 87 85 31 88 O '~•wJ .v'.l 57 19 14 26 79 08 53 63 50 93 26 ,,613,17 .399.,68 Y-T-H RATIO 6 6 „ 2 6 .02 ( .06) 3.25 .01 24.83 ,01 .15 .50 4.27 .64 100.00 18.77 23.37 23 . 62 2.89 5.37 5.62 .08 80.22 19.78 9.84 .04 YARD EXPENSES YARD EXPENSES DEPRECIATION DEPRECIATION TOTAL EXPENSES NET INCOME (LOLL) 449.027.61 7.91 *449,027.61 7.91 3,275.74) < .06)$< 3,275.74) < .06) 1,006,764.72 17.73 $ 1,006.764.72 17.73 115.713.54 2.05 i 115,713.54 2.05 - 10 - BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The Undersigned submits herewith a notarized or sealed statement of his/her financial responsibility. (Notarize or Corporate Seal) - 11 - BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 8>oe,GoATes - - '73(0-1340 To - 11 - BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE Bidder is required to state what work of a similar character i. that included in the proposed Contract he/she has successfully °rformed and give references, with telephone numbers, which will nable the City to judge his/her responsibility, experience and skill- An attachment can be used, if notarized or sealed. Date Contract Name and Address Name and Phone No. of Person Amount of to Contact Type of Work Contract ••7^- qi^c ^Y-0/$0 n^-tu^ •7 4$ -SSii (Ltr / 0 .- 'Oi^TA CAT-( C F SA.uH.Vc VAr 1 C V (Af TA,o '^( ^•^ Die^c-vc^-TftU-r (~) V^U^)Ci,C'-> 1^-iAk'/ C.IT-I c C QvcLiboo - S pp (Notarize or Corporate Seal) Signature - 12 - CONTRACT - PUBLIC WORKS This agreement is made this31$4" day of ^AvJ^/H^V > 19 %_$, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and ConAtSLU.ct<Lon Company, Inc. , a , whose principal place of business is 7505 St/camoA.& Av/enne, VJ,Ata, Ca 9ZOB3 (hereinaftercalled"Contractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall specified in the Contract documents for: perform all work The construction of Carlsbad (hereinafter called "project"). Boulevard Storm Drain Provisions of Labor and Materials all labor, perform the materials, tools, work specified by the Contractor shall provide equipment, and personnel to Contract documents. 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. Payment. As full compensation of work under this Contract, Contractor as follows: (strike for Contractor's performance City shall make payment to inapplicable subparagraph). On a unit price basis as shown on the proposal payment schedule attached hereto and made a part hereof. 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. - 13 - 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 b"y 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. 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. - 14 - 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 of $500,000 and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this Contract taken out by Contractor. 11. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature, and description brought by any person employed or used by Contractor to perform any work under this Contract regardless of responsibility for negligence. 12. Proof of Insurance. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this Contract. 13. Arbitration. Any controversy or claim in any amount up to $100,000aTising 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. - 15 - 14, 15, 16 Maintenance of Records. Contractor shall maintain and make upon request, records in accordance 1812 of Part 7, Chapter 1, Article 2, Code. If the Contractor does not available to the City, with Sections 1776 and of the California Labor maintain business City by Contract mail of the records as specified at Contractor's principal place of above, Contractor shall so inform the certified letter accompanying the return of this Contractor shall notify the City by certified any change of address of such records. Labor Code Provisions commencing with are incorporated The provisions of Part 7, Chapter 1, Section 1720 of the California Labor Code herein by reference. Security. Pursuant to the requirements of law (Governement CodeSection 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.) atit Dit)T A1t o r n e y ConAtlu.c.t4,on Co., Inc. (Seal) Title OF CARLSBAD, .CALIFORNIA M¥yo r, ^or Contracts $10,000 and abo< City Manager, for less than $10,000 ATTEST: Contracts City Clerk - 16 - 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." Tki.bodo Con^tfiViC-t^on Co., I we, Contractor Se.csie.ta.tLy COUNTY OF 5s^_LWM.*yy | r»n._ rfan.OiiU £3. >3%5' _. before ^ lf"\r?/l I <~-'*f?a said State, personally appeared I JcxJIiQc--o STATE OF CALIFORN COU NTY OF i~i u»^j , before me, the undersigned, a Notary Public in and for a saia s;aie, personally appeared I JL-i'lQC-- PI C^r^g ando £ , personally known to me (or proved to me on tin £ * c basis of satisfactory evidence) to be the persons who executed the within instrument as _: « « Ti s7£ P President and [JLj&t. Secretary, on behalf of ^z QJ 51^ the corporation therei n S >j3D t andjct< in pained, and acknowledged to me that t _ .. such corporator, executed the -.vlthin instrurrent pursuant to it. bv-!sjy-!?4vs or a resolution of its beard of directors. WITNESS my hand and official seal. 1 /l OFFICIAL C-tAL ,;ATHY L. OLDENBURG * Notary Public-California » principal 0«:cc In » STATE OF CALIFORNI COU NTY OF RNIA 0 . i\. _ CflO 0< ^QiJ^__et:ll _ Lr said State, personally appeared |ss before me, the undersigned, a Notary Public in and for , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and J_Oj. Secretary, on behalf of • *OFFICIAL SEAL * »i:r-n *the corporation therein named, and acknowledged to me that * 4/'' ""V^vXKATHY L. OLDENBUT.G * suchcorporation executedthe withiri instrument pursuant to its t !"l,--"ri -&f&l D «,,""',' tT {AVa-i/iit^^ Pi'inctpsl'-"..co In ^ oy-laws or a reso!ution of its board of directors 1 "C"-^ ***>J'-S''/ San Dispo County * * XSlis^^My Comm. Exp. Sept. 16, 1933*t^,«*-.»,.»*»»»«»»»***<» »-*****'* OO - 17 - LABOR AND MATERIAL BOND BOND NO. YS876-9050 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to THIBODQ CONST. CO.. INC. (hereinafter designated as the "Principal"),a Contractfor: The construction of Carlsbad Boulevard Storm Drain 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, THIBODO CONST. CO., INC. , as Principal, (hereina fter designated as the "Contractor"), and INDUSTRIAL INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED THIRTY-ONE THOUSAND, NINETY-NINE AND 70/100 - Dollars ($ 131.099. id > said 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 ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents . THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and, also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of California. - 18 - This bond companies 1192.1 of action to bond, as shall inure to the benefit of any and all persons, and corporations entitled to file claims under Section the Code of Civil Procedure so as to give a right of them or their assigns in any suit brought upon this 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 28TH day of JANUARY , 198 5 • THIBODO JffNST. CO., INC. (Notarize or Corporate Seal for each Signer) BY:, T^rfelbodo Contractor INDEMNITY COMPANY P. 0. Box 80965 .San Diego, California 02138 E. McCOBB, Attorney-in-Fact STATE OF CALIFORN COUNTY OF .— On "^-JiVU nvc**fl c^'l. Ciy.i^ , before, me. the undersigned, a Notary Public in and for a said State, personally appeared M^Ou(r3l I |^ . I H' U£&j Q _ar,d 0 , personally known to me (or proved to me on the "*• c basis of satisfactory evidence) to be the persons who executed the within instrument as« a -T7- ^. - President and Secretary, on behalf of _ A ~ I i^ ' l^rv /-N| ^-O u •^ the corporation therein named, and acknowledged to me that t ico W; i N'ESS my hand and official ceal 'I J I M,/?«$UM ^^Q . 'IY L. OLDENBURG *^ i •'' /o co suchcorporation executedthewithininstrijrni:-,'pursuant toits IK !| by-laws or a resolution of its board of directors. *\ Notary Public -California Principal Office In San Diego County ^^^My Comm. E^p. Sept. IS. 1988* »»^»»*»*»»»»*»»****^**^^r On this the day of JANUARY SHELLY L-HQWERION- the undersigned Notary Public, personally appeared MARGARET E. McCQBB IXf personally known to me I I proved to me oh the basis of satisfactory evidence to be the person(s) who executed the within instrument as ATTORNEY-IN-FAC! orOn behalf ofU»6 corporation therein that the corporation executed it. OFFICIAl SEAl SHELLY L. HOWERTON NOIARV PUBL. PRiNClPAl OFFICE IN SAN DlEGO COUNTY My Commluton Expires May 6, 1987' nd ack WITNESHiyfan COrtPORAIE ACKNOWl F.DGMENT FORM of Attorney #373 all men bg tfyese presents: INDUSTRIAL INDEMNITY HOME OFFICE -SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint MARGARET E. McCOBB its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of UNLIMITED and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 5th day of June ,1980 Attest:INDUSTRIAL INDEMNITY COMPANY By. STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO J. GiC /LaPlante, Senior Vice President On this 5th day of June , 1980 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and L. E. Mulryan known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. MARY MUELLER | MOUHY ?U3liC •• CALIFORNIA § CITY £, COUtilY OF SS.N FRANCISCO 5 My Comnission Expires Aug. 3, 1983 E d for the City and County isco. State of California I, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 28TH day of JANUARY . 19 85 • SEAL L. E. Mulryan,Secretary 1 Y041 R7 (10/72) - 19 - PERFORMANCE BOND BOND NO. YS876-9050 PREMIUM: $1,311.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. , adopted , has awarded to THIBODO CONST. CO. , INC. , (hereinafter designated as the "Principal"), a Contract for: The construction of Carlsbad Boulevard Storm Drain 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, THIBODO CONST. CO., INC. , as Principal, (hereinafter designated as the "Contractor"), and INDUSTRIAL INDEMNITY COMPANY ,' as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ONE HUNDRED THIRTY-ONE THOUSAND, NINETY-NINE & 70/100 Dollars ($131,099-70 ) > said sum being equal to one hundred per cervt (100%) of the estimated amount of the Contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and 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. 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. - 20 - 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 28TH day of JANUARY , 19 85 THIBODO COJjST. CO., INC. (Notarize or Corporate Seal for Each Signer)Contractor INDUSTRIAL INDEMNITY COMPANY J*. 0. Box 80965 WV Phijju, CflllftyHfla V . Attorn^-in-Fact State of CalifornTft' SAN DIEGO On this the 18TH day of JANUARY .19.§5_, before me, SS. County of SHELLY L-HOWERIObL the undersigned Notary Public, personally appeared _MARQAREI_EJAcCQBBL OFFICIAl SEAl SHELLY L. HOWERTON IMOIARY PUBLIC. CAUrGRNIA PRINCIPAL OFFICE <N SAN DIEGO COUMTV My Commission Expires May 6, 1987 ''' 1XJ personally known tome I I proved to me oh the basis of satisfactory evidence to be the person(s) who executed the within instrument as ATTpaNEjMN-FACT or on behal^otthe corporation therein ..~_, ._ " rporation executed it. W.TNES) * ^ ^ ^ ^ ' COHPORAIE ACKNOWI F.DGMENT FORM ? s u. E'~ O ,jr CVJ 03 CM OO STATE OF CALIFORNI COUNTY OF |ss. On 1- said State, personally appeared , before me, the undersigned, a Notary Public in and (or oC-"!' L..- LQlJQLQLL) 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 .President and Secretary, on behalf of_. :tw the corporation therein named, and acknowledged to me that such corpora * ion executed the with in instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hard and official seal. ^^^mlu (X: ialfofK-*-»-»*:»r*11*~»"*«*-lt»-»^», »-»•»• OFFICIAL SEAL » KATHY L. OLDEND'JRG I \ Notary Public-California \ '' Principai O^ice in » *Principe* San Diego County My Comm. 6xp, Sept. 16.1988* »*»*+* »»•»»* •-* * *-» »»••»* of (Attorney #373 INDUSTRIAL INDEMNITY all men bg tfyese presents:HOME OFFICE -SAN FRANCISCO That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ------------------------------------- MARGARET E. McCOBB ---------------------------------- its true and lawful attorney-in-fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September, 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys-in-fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 5th day of June ,1980 Attest:INDUSTRIAL INDEMNITY COMPANY Secretary J. G^^aPlante, Senior Vice President STATE OF CALIFORNIA / CITY AND COUNTY OF SAN FRANCISCO ( ss' On this 5th day of June ,1980 , before me, Mary Mueller a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. LaPlante and L. E. Mulryan known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, 1 have hereto set my hand and affixed my official seal the day and year in this certificate first above written. MARY MUELLER \ fJOTitr/ ?i!2UC - CALIFORNIA § CITY £, CQD;;IY OF SAN FRANCISCO 5 fAy Commission Expires Aug. 3, 1983 S id for the City and County <isco. State of California I, L. E. Mulryan, Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this SEAL 28TH day of JANUARY 19 85 L. E. Mulryan,Secretary I Y04I R7 (10/72) - 21 - GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents, and the General and Special Provisions attached thereto. The Construction Plans consist of one sheet designated as City of Carlsbad Drawing No. 249-6. The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designatedSDRS,asissuedby" 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, eguipment and materials, and performing all operations necessary to complete the project work as shown on the project plans and as specified in the specifications. 3. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. B. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. C. Directions: Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is - 22 - 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. D. Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. E. Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. CODES AND STANDARDS Standard Specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contractor per Section 6-1 of the SSPWC at the time of the preconstruction conference. If the completion date shown on the "Notice to Proceed" letter is not met by the Contractor, he will be assessed the daily salary of the City Inspector for each working day beyond the completion date, as damages. - 23 - 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 30 consecutive calendar days from the date of receipt of said "Notice to Proceed." 6 . NONCONFORMING WORK The Contractor shall remove and replace any work not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one (1) 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 (2) 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. - 24 - 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, 'specified, and implied by the Contract documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances throughout the life of the Contract, the City will be the interpreter of the intent of the Contract documents, and the City's decision relative to said intent will be final and binding. Failure of tlTe Contractor to apprise her/his subcontractors and materials suppliers of this condition of the Contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, apparatus, equipment, or process tested as to its quality and strength, its physical, chemical, or other characteristics, and its durability, finish, or efficiency by a testing laboratory as selected by the City. If the substitute offered is not deemed to be equal to that so indicated or specified, then the Contractor shall furnish, - 25 - erect, or install the material, apparatus, equipment, or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical, and plumbing permits will be issued by the City of Carlsbad at no charge to thre 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. - 26 - 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 18. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. No separate payment will be made. 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances, and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency Abbreviation American Society for Testing Materials ASTM U.S. Government Fed. Spec. National Board of Fire Underwriters NBFU American Institute of Steel Construction AISC American Standards Association ASA American Concrete Institute ACI Underwriters Laboratories, Inc. UL Department of Commerce Standards CS 20. MAINTAINING TRAFFIC Attention is directed to Sections 7-1.08, "Public Convenience"; 7-1.09, "Public Safety"; and 12, "Construction Area Traffic Control Devices", of the Standard Specifications and these Special Provisions. - 27 - All warning signs and safety devices used by the Contractor to perform the work shall conform to the requirements in the current "Manual of Traffic Controls" and Section 12 of the Standard Specifications. Warning signs and safety devices shall be supplied by the Contractor. The above-referenced manual is available from the State Department of Transportation. If the Contractor appears to be neglectful or negligent in providing such warning or protective measures, the Engineer may direct attention to the existence of a hazard. All barricades, warning signs, lights, or flagmen required to protect the public shall be furnished and maintained by the Contractor at his own expense. The Engineer may point out the inadequacy of protective devices or measures, but such action on the part of the Engineer shall not relieve the Contractor from responsibility for the public safety or abrogate his obligation to furnish and pay for these devices. Personal vehicles of the Contractor or his employees shall not be parked on the traveled way at any time, including any section closed to public traffic. Lane closures shall conform to the provisions of the Standard Specifications. The lane or lanes to be closed shall be as approved by the Engineer. The uses of reflective traffic cones to direct traffic away from excavations shall be considered as lane closure. 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. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. - 28 - CERTIFICATION OF COMPLIANCE I hereby certify that Tk-ibodo ConAttLUct^on Company, Inc. Legal Name of Contractor in performing under the Purchase Order awarded by the City of Carlsbad, will comply with the County of San Diego Affirmative Action Program adopted by the Board of Supervisors, including all current amendments. o . , Inc. Date Signature(Seal) e-Lf: L. Thi-bodo (NOTARIZE OR CORPORATE SEAL) Title (Notarial acknowledgement of execution by all principals must be attached.) < §3 -^ <D15 O O £ I CM OO STATE OF CALIFORNIA COUNTY OF , On _____ said State, personally appeared. ]ss..} , before me, the undersigned, a Nola'y 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 ^ President and Secretary, on behalf ofdon&kt^t'a^ ~»*~~~~~*~~~*'s»<•+»»•*; OFFICIAL SEAl. * the corporation therein named, and acknowledged to me that * /^^"""^vXl/ATUV I 01 DENBURG * such corporation cxecutedthewithininstrument pursuanttoits " " ~"" - . .. - by-laws or a resolution of its board of directors. WITNESS my hand and official seal. *•*-»»•' Notary Public-California « Principal Office in » San Dieso County ,My Comm.&p. Sept. 16^1988* »«»»•••»»-•* - 29 - TABLE OF CONTENTS - SPECIAL PROVISIONS Division 1 Division 2 Division 3 Division 4 NOT APPLICABLE SECTION 02221 02513 02721 Trenching, Backfilling & Compacting Asphaltic Concrete Paving Storm Drainage System 03300 Cast-in-Place Concrete NOT APPLICABLE - 30 - SECTION 02221 TRENCHING, BACKFILLING AND COMPACTING PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Trench, backfill, and compact as specified herein and as needed for installation of underground utilities associated with the Work. B. Related Work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions and Supplementary Conditions. 1.2 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work in this Section. B. Use equipment adequate in size, capacity, and numbers to accomplish the work in a timely manner. C. In addition to complying with requirements of governmental agencies having jurisdiction, comply with the directions of the City Engineer. D. All trenching must comply with OSHA regulations. PART 2 - PRODUCTS 2.1 SOIL MATERIALS A. Fill and backfill materials: 1. Provide soil materials free from organic matter and deleterious substances, containing no rocks or lumbs over 6" in greatest dimension, and with not more than 15% of the rocks or lumps larger than 2-3/8" in their greatest dimension. 02221-1 - 31 - 2.2 OTHER MATERIALS Provide other materials, not specifically described but required for a complete and proper installation, as selected by the Contractor subject to the approval of the City Engineer or as specified herein. 3.1 SURFACE CONDITIONS Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 PROCEDURES A. Utilities: 1. Unless shown to be removed, protect active utility lines shown on the drawings or otherwise made known to the Contractor prior to trenching. If damaged, repair or replace at no additional cost to the City. 2. If active utility lines are encountered, and are not shown on the Drawings or otherwise made known to the Contractor, promptly take necessary steps to assure that service is not interrupted. 3. If service is interrupted as a result of work under this Section, immediately restore service by repairing the damaged utility at no additional cost to the City. 4. If existing utilities are found to interfere with the permanent facilities being constructed under this Section, immediately notify the City Engineer and secure his instructions. 5. Do not proceed with permanent relocation of utilities until written instructions are received from the City Engineer. B. Protection of persons and property: 1. Barricade open holes and depressions occurring as part of the Work, and post warning lights on property adjacent to or with public access. 2. Operate warning lights during hours from dusk to dawn each day and as otherwise required. 02221-2 - 32 - 3. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, washout, and other hazards created by operations under this Section. C. Dewatering: 1. Remove all water, including rain water, encountered during trench and sub-structure work to an approved location by pumps, drains, and other approved methods. 2. Keep trenches and site construction area free from water. D. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site. E. Maintain access to adjacent areas at all times. 3.3 TRENCHING A. Provide sheeting and shoring necessary for protection of the Work and for the safety of personnel. 1. Prior to backfilling, remove all sheeting. 2. Do not permit sheeting to remain in the trenches except when, in the opinion of the City Engineer, field conditions or the type of sheeting or methods of construction such as use of concrete bedding are such as to make removal of sheeting impracticable. In such cases, the City Engineer may permit portions of sheeting to be cut off and remain in the trench. B. Maximum and minimum width of trench: 1. The minimum width of pipe trenches, measured at the crown on the pipe, shall not be less than 12 inches (30.48 cm) greater than the exterior diameter of the pipe, exclusive of bells and the minimum base width of such trench shall be not less than 12 inches (30.48 cm) greater than the exterior diameter of the pipe, exclusive of special structures or connections, and such minimum width shall be exclusive of all trench supports. 2. The maximum allowable width of trench for all pipelines measured at the top of the pipe shall be the outside diameter of the pipe (exclusive of bells or collars) plus 16 inches (40.64 cm), and such maximum 02221-3 - 33 - 16 inches (40.64 cm) may be used without special bedding if the Contractor, at his expense, will furnish pipe of the required strength to carry the additional trench load. Such modifications shall be submitted to the City Engineer and approved in writing. Whenever such maximum allowable width of trench is exceeded for any reason, except as provided for on the Plans or in the Specifications, or by the written direction of the City Engineer the City Engineer shall, at his discretion, require that the Contractor, at his own expense for all labor and materials, cradle the pipe in 2,500 psi (175.77 Kg/cm ) compressive strength concrete, or other District approved pipe bedding. C. Depressions: 1. Dig bell holes and depressions for joints after the trench has been graded. Provide uniform bearing for the pipe on prepared bottom of the trench. 2. Except where rock is encountered, do not excavate below the depth indicated or specified. 3. Where rock is encountered, excavate rock to a minimum overdepth of 4" below the trench depth indicated or specified. D. Where utility runs traverse public property or are subject to governmental or utility company jurisdiction, provide depth, bedding, cover, and other requirements as set forth by legally constituted authority having jurisdiction, but in no case less than the depth shown in the Contract Documents. E. Cover: 1. Provide minimum trench depth indicated below to maintain a minimum cover over the top of the installed item below the finish grade or subgrade: a. Areas subject to vehicular traffic: (1) Storm drains: 36" 3.4 BEDDING A. Comply with provisions of Section 02721. 02221-4 - 34 - 3.5 BACKFILLING A. General: 1. Do not completely backfill trenches until required pressure and leakage tests have been performed, and until the utilities systems as installed conform to the requirements specified in the pertinent Sections of these Specifications. 2. Except as otherwise specified or directed for special conditions, backfill trenches to the ground surface with selected material approved by the City Engineer. 3. Reopen trenches which have been improperly backfilled, to a depth as required for proper compaction. Refill and compact as specified, or otherwise correct to the approval of the City Engineer. 4. Do not allow or cause any of the Work performed or installed to be covered up or enclosed by work or this Section prior to required inspections, tests, and approvals. 5. Should any of the Work be so enclosed or covered up before it has been approved, uncover all such Work and, after approvals have been made, refill and compact as specified, all at no additional cost to the City. B. Lower portion of trench: 1. Deposit approved backfill and bedding material in layers of 6" maximum thickness, and compact with suitable tampers to the density of the adjacent soil, or grade as specified herein, until there is a cover of not less than 24" over sewers and 12" over other utility lines. 2. Take special care in backfilling and bedding operations to not damage pipe and pipe coatings. C. Remainder of trench: 1. Except for special materials for pavements, backfill the remainder of the trench with material free from stones larger than 6" or 1/2 the layered thickness, whichever is smaller, in any dimension. 02221-5 - 35 - D. Adjacent to structures: Mechanically compact backfill within ten feet of structures. E. All trenching shall conform to the requirements of Section 30CT of the SSPWC and to these Special Provisions. The Contractor shall obtain a right-of-way permit from the City Engineering Department prior to any construction within the City right-of-way. Where trenches cross pavement sections, the Contractor shall saw cut along a straight line as nearly parallel to the center line of the storm drain as possible to allow for clean join lines. Backfill shall be compacted to 9Q% of maximum dry density as determined by ASTM Test Method No. D1557-78 or current. The top three (3) feet of the trench shall be compacted to 95% of maximum dry density. The cost for the trenching and backfill, including the pavement saw cutting, removal and disposal, shall' b'e considered included in the unit prices paid for the storm drain pipe, and no additional payment will be made therefor. 3.6 TEST FOR DISPLACEMENT OF STORM DRAINS A. Check storm drains to determine whether displacement has occurred after the trench has been backfilled to above the pipe and has been compacted as specified. B. Flash a light between manholes or, if the manholes have not yet been constructed, between the locations of the manholes, by means of a flashlight or by reflecting sunlight with a mirror. C. If the illuminated interior of the pipe line shows poor alignment, displaced pipes, or any other defects, correct the defects to the specified conditions and at no additional cost to the City. 3.7 FIELD QUALITY CONTROL A. The City Engineer will inspect and approve open cuts and trenches before installation of utilities, and will make the following Uf^Jr^v 1 . Assure that trenches are not backfilled until all tests have been completed; 02221-6 - 36 - 2. Check backfilling for proper layer thickness and compaction; 3. Verify that test results conform to the specified requirements, and that sufficient tests are performed. 4. Assure that defective work is removed and properly placed. END OF SECTION 02221-7 - 37 - SECTION 02513 ASPHALTIC CONCRETE PAVING PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide asphaltic concrete paving, and pavement marking where shown on the Drawings, as specified herein, and as needed for a complete and proper installation. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions and Supplementary Conditions. 1.2 SUBMITTALS A. Product Data: Within 35 calendar days after the Contractor has received the Owner's Notice to Proceed, submit: 1. Materials list of items proposed to be provided under this Section; 2. Certificates, signed by the asphaltic concrete paving subcontractor, stating that materials meet or exceed the specified requirements. PART 2 - PRODUCTS 2.1 AGGREGATES A. Provide aggregates consisting of crushed stone, gravel, sand, or other sound, durable, mineral materials processed and blended, and naturally combined. B. Base aggregate maximum size: 3/4" C. Aggregates for asphaltic concrete paving: Provide a mixture of sand, mineral aggregate, and liquid asphalt mixed in such proportions that the percentage by weight will be within: 02513-1 - 38 - Sieve sizes: Percentage passing: 3/4" 100% 3/8" 67-85% 1/4" 50-65% No. 8 mesh 37-50% No. 30 mesh 15-25% No. 200 mesh 3-8% plus 50/60 penetration liquid asphalt at 5% to 6-1/2% of the combined dry aggregates. 2.2 HEADERS AND STAKES A. Provide Redwood, Construction grade, in dimensions shown on the Drawings or as required for the use where dimensions are not shown on the Drawings. 2.3 ASPHALTS A. Comply with provisions of Asphalt Institute Specification SS-2: 1. Asphalt cement: Penetration grade 50/60. 2. Prime coat: Cut-back type, grade MC-250. 3. Tack coat: Uniformly emulsified, grade SS-1H. 2.4 MIXING ASPHALTIC CONCRETE MATERIALS A. Provide hot plant mixed asphaltic concrete paving materials. 1. Temperature leaving the plant: 290°F minimum, 320°F maximum. 2. Temperature at time of placing: 28Q°F minimum. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 02513-2 - 39 - 3.2 FINAL PREPARATION OF SUBGRADES A. After preparation of subgrade as specified in another Section of these Specifications, thoroughly scarify and sprinkle the entire area to be paved, and then compact to a smooth, hard, even surface of 95% compaction to receive the aggregates. 3.3 PLACEMENT OF BASE COURSES A. Base: 1. Spread the specified base material to a thickness providing the compacted thickness shown on the drawings. 2. Compact to 95%. B. Thickness tolerance: Provide the compacted thickness shown on the Drawings within a tolerance of minus 0.0" to plus 0.5". C. Smoothness tolerance: Provide the lines and grades shown on the Drawings within a tolerance of 3/8" in ten feet. 1. Deviations: Correct by removing materials, replacing with new materials, and reworking or recompacting as required. D. Moisture content: Use only the amount of moisture needed to achieve the specified compaction. 3.4 PLACEMENT OF ASPHALTIC CONCRETE PAVING A. Install the specified headers and stakes to achieve the arrangement of paving shown on the Drawings. B. Remove all loose materials from the compacted base. C. A prime coat shall be applied to the surface of the untreated aggregate base at the rate of 0.25 gal/SY. The prime coat shall be Grade SC250. A tack coat shall be applied on abutting concrete surfaces, along the saw cut and on existing pavement to be resurfaced at the rate of 0.10 gal/SY. The tack coat shall be Type SS1 asphaltic emulsion. A seal coat shall be applied to the finished surface at the rate of 0.10 gal/SY. The seal coat shall be Type SS1 asphaltic emulsion with a 60-70 grade liquid asphalt. 02513-3 - 40 - 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. Contractor shall have compaction testing done on aggregate^ base and asphalt paving per Standard Specifications by a soil testing firm approved by the City. D. Adjust frames and covers to meet final grades. E. Receipt of asphaltic concrete materials: 1 . Do not accept material unless it is covered with a tarpaulin until unloaded, and unless the material has a temperature of not less than 280°F. 2. Do not commence placement of asphaltic concrete materials when the atmospheric temperature is below= 50°F, nor during fog, rain, or other unsuitable conditions. F. Spreading: 1. Spread material in a manner which requires the least handling. 2. Where thickness of finished paving will be 3" or less, spread in one layer. G. Rolling: 1. After the material has been spread to the proper depth, roll until the surface is hard, smooth, unyielding, and true to the thickness and elevations shown on the Drawings. 2. Roll in at least two directions until no roller marks are visible. 3. Finished paving smoothness tolerance: a. Free from birdbaths. b. No deviations greater than 1/8" in six feet. H. Compensation for the asphalt concrete paving, including prime, seal and tack coats for the roadway join section, 02513-4 - 41 - and testing, complete and in place, shall be considered included in the cost of the various items of work and no separate payments will be made. 3.5 PROTECTION A. Protect the asphaltic concrete paved areas from traffic until the asphalt is set and cured and does not pick, up under foot or wheeled traffic. END OF SECTION 02513-5 - 42 - SECTION 02721 STORM DRAINAGE SYSTEM PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide storm drainage system where shown on the Drawings, as specified herein, and as needed for a complete and proper installation. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions and Supplementary Conditions. 1.2 SUBMITTALS - • A. Product date: Within 35 calendar days after the Contractor has received the City's Notice to Proceed, submit: 1. Materials list of items proposed to be provided under this Section; 2. Manufacturer's specifications and other data needed to prove compliance with the specified requirements; 3. Manufacturer's recommended installation procedures which, when approved by the City Engineer, will become the basis for accepting or rejecting actual installation procedures used on the Work. PART 2 - PRODUCTS 2.1 PIPE MATERIALS A. Provide pipe and associated materials of the size indicated on the Drawings and meeting the following requirements: 1. Reinforced concrete pipe (RCP); to comply with ASTM C76, with a D-load of 2,000. 02721-1 The unit price paid for each lineal foot of storm drain pipe shall include all materials, labor and equipment necessary to install the pipe complete and in place as shown on the plans and as specified in these Special Provisions, including the saw cutting, trenching, excavation, backfilling and resurfacing, and grading. 2.2 DRAINAGE STRUCTURES A. General: 1. Construct manholes, inlets, and junction structures of reinforced concrete or precast reinforced concrete, complete with metal frames and covers or gratings, and with fixed ladder rungs where indicated on the Drawings or required by codes. 2. Individual wall-mounted aluminum, plastic-covered steel, or galvanized steel rungs are acceptable. Materials: 1. Concrete: Comply with provisions for 2500 "ps'i concrete specified in Section 03300. 2. Mortar for pipe joints and connections to other drainage structures, and manhole construction: a. Comply with requirements of ASTM C270, type M, except the maximum placement time shall be one hour. b. Hydrated lime complying with ASTM C141, type B, may be added to the mixture of sand and cement in an amount equal to 25% of the volume of cement used. c. Provide a quantity of water in the mixture sufficient to produce a stiff workable mortar, which shall be clean and free from harmful acids, alkalis, and organic impurities. use the mortar within 30 minutes after water is added to the mix. 3. Precast reinforced concrete manholes: a. Comply with ASTM C478, precast rings and cone sections. 02721-2 - 44 - b. Fully bed the joints between precast concrete risers and tops in mortar, and smooth both interior and exterior surfaces uniformly. c. Acceptable products: (1) Manufactured by Ameron Pipe Products Group, El Monte, California. 4. Reinforcement: Provide intermediate grade billet steel complying with ASTM A615, grade 40. 5. Frames and covers or gratings: a. Provide all gratings or covers from the same manufacturer . b. Provide standard black finish, supplied as a total unit, sized as shown on the Drawings or larger sizes except where in a pavement area, and with the wording "STORM DRAIN" cast into the cover. c. Acceptable products: (1) Manufactured by Alhambra Foundry, Alhambra, California. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected. 3.2 EXCAVATING, TRENCHING, AND BEDDING A. Excavate, trench, and bed for site drains in accordance with pertinent provisions of Section 02221, and the following. B. Movement of construction machinery: 1. Use means necessary to avoid displacement of, and injury to, pipe and structures while compacting by rolling or operating equipment parallel to the pipe. 02721-3 - 45 - 2. Movement of construction machinery over a culvert or storm drain at any stage of construction is solely at the Contractor's risk. C. Bedding: 1 . Provide a bedding surface for the pipe with a firm foundation of uniform density throughout the entire length of the pipe. 2. Bed the pipe carefully in a soil foundation accurately shaped and rounded to conform to the lower 1/4 of the outside perimeter of circular pipe, or set the pipe in a bed of sand. 3. Tamp bedding where necessary. 4. Provide bell holes and depressions for pipe joints of only the length, depth, and width required for making the particular pipe joint properly. 3.3 INSTALLING PIPE A. General: 1. Carefully examine each pipe prior to placing. a. Promptly set aside defective pipe and damaged pipe. b. Clearly identify defects. c. Do not install defective pipe or damaged pipe. 2. Place pipe to the grades and alignment indicated, with a tolerance of one in 1000 vertical and one in 500 horizontal, unless otherwise directed by the City Engineer. 3. Provide adequate facilities for lowering pipe safely into the trenches. 4. Do not place pipe in water, nor place pipe when trench or weather is unsuitable for such work. B. Reinforced concrete pipe: Place by proceeding upgrade with the spigot ends of bell and spigot pipe, and the tongue ends of tongue and groove pipe, pointing in the direction of flow. 02721-4 - 46 - 3.4 JOINTS A. Joining concrete pipe: 1. Use the specified mortar ingredients. 2. Use the mortar within 60 minutes from the time water is first added to the mix. 3.Wipe the inside of the joint clean and smooth. Perform wiping by dragging a suitable swab or long handled brush through the pipe progresses. as installation 4. 5. Protect the mortar bead on the outside sun with suitable covering until cured. from air and Unless otherwise directed by the City Engineer, use one of the following methods of jointing for bell and spigot and tongue and groove pipe: a. Cement mortar bell and spigot joint: (1) (2) (3) (4) Bed the gradeline, upstream. first with pipe the to the bell established end placed Clean surface of bell with wet brush, and fill lower portion with mortar to such depth as to bring the inner surfaces of the abutting pipes flush and even. Clean the spigot end of each subsequent pipe with a wet brush, and uniformly match the bell so that the sections are closely fitted. After laying each section, fill remainder of joint with mortar, and form a bead around the outside of the joint with mortar. (5) Use the specified mortar. If mortar can slump before setting, wrap or bandage the outside of the joint with cheesecloth to retain mortar in place. 3.5 DRAINAGE STRUCTURES A. Install drainage structures in accordance with the Drawings and with the manufacturers' recommendations as approved by the City Engineer. 02721-5 - 47 - 3.6 BACKFILLING A. Backfill and compact in accordance with pertinent provisions of Section 02221. — 3.7 TESTING AND INSPECTION A. Provide personnel and equipment necessary, and perform tests required to demonstrate that the work of this Section has been completed in accordance with the specified requirements. B. Hydrostatic test on watertight joints: 1. Make a hydrostatic test on each watertight joint. Test one sample of each type watertight joint used. If one sample fails because of faulty workmanship, test an additional joint. 2. Demonstrate that joints in reinforced concrete pipe comply with ASTM C443. 3. Make tests in concrete pipe at an internal hydroststi'c pressure of 10 psi for 24 hours. 4. Replace or repair joints found to be faulty. Repeat the test and repair cycle until joints are demontrated to meet the specified requirements. 3.8 COMPENSATION A. The work shall conform to the requirements of Section 303.1 of the SSPWC and to these Special Provisions. The bid price paid for these items shall include all the materials, equipment, excavation, testing, labor and operations necessary to construct storm drains complete and in place as shown on the plans and as specified in these Special Provisions, and no additional payment will be made therefor. END OF SECTION 02721-6 - 48 - SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.1 DESCRIPTION A. Work included: Provide cast-in-place concrete, including formwork and reinforcement, where shown on the Drawings, as specified herein, and as needed for a complete and proper installation. 1.2 QUALITY ASSURANCE A. Provide access for, and cooperate with, the inspector and testing laboratory. B. Do not commence placement of concrete until mix designs have been reviewed and approved by the City, and until copies of the approved mix designs are at the job site and the batch plant. 1.3 SUBMITTALS A. Secure concrete mix designs from the testing laboratory and submit to the City for review and approval. B. Distribute approved mix designs to testing laboratory, batch plant, job site, and to the City. PART 2 - PRODUCTS 2.1 FORMS A. Design, erect, support, brace, and maintain formwork so it will safely support vertical and lateral loads which might be applied until such loads can be supported safely by the concrete structure. B. Construct forms to the exact sizes, shapes, lines, and dimensions shown, and as required to obtain accurate alignment, location, grades, and level and plumb work in the finished structure. 03300-1 - 49 - 2.3 REINFORCEMENT A. Comply with the following as minimums: 1. Bars: ASTM A615, grade 60 unless otherwise shown on the Drawings, using deformed bars for number 3 and larger ; 2. Bending: ACI 318. B. Fabricate reinforcement to the required shapes and dimensions, within fabrication tolerances stated in the CRSI "Manual of Standard Practices." 2.4 CONCRETE A. Comply with the following minimums: 1. Portland cement: ASTM C150, type I or II, lot alkali . 2. Aggregate, general: a. ASTM C30, uniformly graded and clean; b. Do not use aggregate known to cause excessive shrinkage. 3. Aggregate, coarse: Crushed rock or washed gravel with minimum size between 3/4" and 1-1/2", and with a maximum size number 4. 4. Aggregate, fine: Natural washed sand of hard and durable particles varying from fine to particles passing a 3/8" screen, of which at least 12% shall pass a 50-mesh screen. 5. Water: Clean and potable. B. Provide concrete with a 28 day compressive strength of 3,000 psi. 2.5 OTHER MATERIALS A. Provide other materials, not specifically described but required for a complete and proper installation,a s selected by the Contractor subject to the approval of the City. 03300-2 . - 50 - PART 3 - EXECUTION 3.1 SURFACE CONDITIONS A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work. Do not proceed until unsatisfactory conditions are corrected. 3.2 EMBEDDED ITEMS A. Set bolts, inserts, and other required items in the concrete, accurately secured so they will not be displaced, and in the precise locations needed. 3.3 MIXING CONCRETE A. Transit mix the concrete in accordance with provisions of ASTM C94. B. Mixing water: 1. At the batch plant, withhold 2-1/2 gal. of water per cubic yard of concrete. 2. Upon arrival at the jobsite, add all or part of the withheld water (as required for proper slump) before the concrete is discharged from the mixer. 3. Mix not less than five minutes after the withheld water has been added, and not less than one minute of that time immediately prior to discharge of the batch. 4. Unless otherwise directed, provide 15 minutes total mixing time per batch after first addition of water. C. Do not use concrete that has stood over 30 minutes after leaving the mixer, or concrete that is not placed within 60 minutes after water is first introduced into the mix. 3.4 PLACING CONCRETE A. Preparation: 1. Remove foreign matter accumulated in the forms. 2. Rigidly close openings left in the formwork. 03300-3 - 51 - 3. Wet wood forms sufficiently to tighten up cracks. Wet other material sufficiently to maintain workability of the concrete. 4. Use only clean tools. B. Conveying: 1. Perform concrete placing at such a rate that concrete which is being integrated with fresh concrete is still plastic. 2. Deposit concrete as nearly as practicable in its final location so as to avoid separation due to rehandling and flowing. 3. Do not use concrete which becomes nonplastic and unworkable, or does not meet required quality control limits, or has been contaminated by foreign materials. 4. Remove rejected concrete from the job site. C. Placing concrete in forms: 1. Deposit concrete in horizontal layers not deeper than 24", and avoid inclined construction joints. 2. Remove temporary spreaders in forms when concrete has reached the elevation of the spreaders. 3.5 CONSOLIDATION A. General: 1. Consolidate each layer of concrete immediately after placing, by use of internal concrete vibrators supplemented by hand spading, rodding, or tamping. 2. Do not vibrate forms or reinforcement. 3. Do not use vibrators to transport concrete inside the forms. 3.6 JOINTS A. Construction joints: 1. Do not use horizontal construction joints except as may be shown on the Drawings. 03300-4 2. If additional construction joints are found to be required, secure the City Engineer's approval of joint design and location prior to start of concrete placement. B. Expansion joints: 1. Do not permit reinforcement or other embedded metal items that are being bonded with concrete (except dowels) in floors bonded on only one side of the joints) to extend continuously through any expansion joint. 2. Fill expansion joints full depth with expansion joint material approved by the Engineer. 3.7 CONCRETE FINISHING A. Except as may be shown otherwise on the Drawings, provide the following finishes at the indicated locations. 1. non-slip broom finish: a. Apply to walks, stains, drives, ramps, and similar pedestrian and vehicular areas. 3.8 REMEDIAL WORK A. Repair or replace deficient work as directed by the Engineer and at no additional cost to the Owner. 4.0 COMPENSATION A. The work shall conform to the requirements of Section 303.1 of the SSPWC and to these Special Provisions. B. The bid price paid for these items shall include all the materials, equipment, excavation, testing labor and operations necessary to construct catch basin and cleanouts complete and in place as shown on the plans and as specified in these Special Provisions, and no additional payment will be made therefor. 4.1 OBSTRUCTIONS AND COOPERATION A. The Contractor shall coordinate his work with that of other trades to avoid conflicts and shall cooperate with other forces working in the area in order to achieve a timely completion and allow work to progress in a logical 03300-5 •r*'v/ - 53 - manner. Due precautions shall be taken and care exercised to protect other facilities that may be in place at the time Contractor is performing the work. B. Should the Contractor in the course of the work encounter any obstruction that requires a design change or special construction method, he shall immediately contact the Engineer for supplemental instructions and notify the affected agency whose facility may be involved, and proceed on the basis of written instructions for the Engineer and such agencies. 4.2 CLEANUP A. Upon completion of construction and before final acceptance the Contractor shall remove all rubbish, trash and debris from the site resulting from the operation. The site shall be left in a neat and clean condition acceptable to the Engineer. 4.3 DUST CONTROL A. The Contractor shall furnish a water supply vehicle on'th'e 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 Contractor 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 cost thereof from the contract amount. The Contractor shall place a 1" 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. B. All costs involved for dust control including supplying and operating water supply vehicles, street sweepers, furnishing and placing temproary pavement shall be absorbed in other items of work. 03300-6