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HomeMy WebLinkAboutWilliam Kirchnavy Construction Inc; 1985-12-30; 3135I. L t 0 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for CONSTRUCTION OF STREET IMPROVEMENTS ON JAMES DRIVE a CONTRACT NO. 3135 -_ a I 1 ( TABLE OF CONTENTS a PAG - ITEM 1 4 13 14 16 17 18 24 26 28 41 61 NOTICE INVITING BIDS PROPOSAL BIDDER'S BOND TO ACCOMPANY PROPOSAL DESIGNATION OF SUBCONTRACTORS BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE CONTRACT LABOR AND MATERIALS BOND 0 PERFORMANCE BOND GENERAL PROVISIONS SPECIAL PROVISIONS APPENDIX -_ -.. a I I 1 SECTION 1 0 NOTICE INVITING SEALED PROPOSALS (CONSTRUCTION) PUBLIC NOTICE IS HEREBY GIVEN that the PURCHASING AGENT, behalf of and as authorized by the CITY OF CARLSBAD, CALIFORN will receive sealed bids up to the hour of 4:OO o'clock p.m. the 5th day of December , 1985. Said bids will be refer to the legislative body for consideration at its next regu meeting. Mailed bids should be addressed as follows: PURCHASING AGENT CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 RE: ASSESSMENT DISTRICT NO. 83-2 CONTRACT NO. 3135 All bids shall be clearly marked: SEALED BID - DO NOT OPEN WITH REGULAR MAIL. a PROCEEDINGS The work and improvements hereinafter mentioned are authori: pursuant to the provisions of the "Municipal Improvement Act 1913" being Division 12 of the Streets and Highways Code of 1 State of California, and said project will be financed pursud to bonds being issued according to the terms and provisions the "Improvement Act of 1911." WORKS OF IMPROVEMENT The works of improvement proposed to be constructed are general described as follows: The construction of certain street improvements, including st( drain facilities, water and sewer facilities, asphalt concrf paving, curb and gutter, and sidewalks, together with appurtt ances, in James Drive, in what is known as ASSESSMENT DISTR. NO. 83-2. a L - -1- L. I The work shall be performed in Strict conformity with the spec fications therefor as approved by the City Council of the City Carlsbad on file in the Engineering Department. Reference hereby made to the specifications for full particulars and de cription of the work. No bid will be received unless it is made on a proposal fo furnished by the Engineering Department. Each bid must accompanied by security. in a form and amount required by la The bidder's security of the second and third next lowest respc sible bidders may be withheld until the contract has been ful executed. The security submitted by all other unsuccessf bidders shall be returned to them, or deemed void, within t days after the contract is awarded. Pursuant to the provisic of law (Government Code Section 4590) appropriate securities m be substituted for any money deposited with the City to secu any obligation required by this notice. The documents which must be completed, properly executed a notarized, are: a 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 est mate. The estimated quantities are approximate and serve sole as a basis for the comparison of bids. No bid shall be accepted from a contractor who has not be licensed in accordance with the provisions of State law. 'I contractor shall state his or her license number and classif cation in the proposal. One set of plans, special provisions, and contract documents IT be obtained at the Engineering Department, City Hall, Carlsba California, €or a non-refundable fee of $25.00 per set. The City of Carlsbad reserves the right to reject any or all bi and to waive any minor irregularity or informality in such bids The general prevailing rate of wages for each craft or type worker needed -to execute the contract shall be those as dete mined by the Director of Industrial Relations pursuant to t Sections 1770, 1773, and 1773.1 of the California Labor Cod Pursuant to Section 1773.2 of the California Labor Code, current copy of applicable wage rates is on file in the Office the Carlsbad City Clerk. The contractor to whom the contract awarded shall not pay less than the said specified prevaili rates of wages to all workers employed by him or her in t 0 0 execution of the contract. -2- 1 L f The prime -contractor shall be responsible to insure complia with provisions of Section 1777.5 of the California Labor Code The provisions of Part 7, Chapter 1 of the California Labor C commencing with Section 1720, shall apply to the contract work . A pre-bid meeting and tour of the project site will be held Thursday, November 26, 1985 at 1O:OO A.M. at the C of Carlsbad Engineer's Office . Bidders are advised to verify the issuance of all addenda receipt thereof one day prior to bidding. Submission of t without acknowledgement of addenda may be cause for rejection bid . Bonds to secure faithful performance of the work and payment laborers and materials suppliers, each in an amount equal to percent of the contract price, shall be required for work on t project. Approved by the City Council of the City of Carlsbad, Californ 0 by Resolution No. - Y259 , adopted on the 5 *A day nu t 198s. L /9PT Date Aletha L. Rautenkranz, Citt Clerk -_ -- k e -3- 4. c TELEI (619) 8 1200 ELM AVENUE Office of the City Engineer CARLSBAD, CA 92008-1989 ut, of (LCarls'bab December 2, 1985 ADDENDUM NO. 1 JAMES DRIVE IMPROVEMENTS CONTRACT NO. 3135 , Attached is the legend for the Electrical Plan Sheet 6 supplied by San Diego Gas and Electric Company. The total length of 3" conduit to be used for electrical services is estimated at 2500 L.F.. If you have any questions please call me at 438-5529. a E&S Pro j e c t Manager PE:jm a !! i--Cr;C'i2;. ii! . .-. . . .. ... : i :,: I:> . :3..: ... ! : ,': : !!! i:: ... !ii !!j t!! .. i!i !ij ... ... I_ i .-..-. ' L. . ,- . s * i 3r. i x. j c; i : .... j c.'. i -.. j .+ __ i -- i - .+-- T- ' j -. j F-: i ; i i i 2 i 7,. i - ! i i :y. 1 ' I ! :-:. i 7:. i : i ! r ! i f j c. i ti i ! , ., , ! a e I I) j !-:; jij !I! jii ... ! ! i,. ! CITY OF CARISBAD caa"r No. 3135 PEZOFOSAL \ a City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 The Undersigned declares he/she has carefully examined the location of tht read the Notice Inviting Bids, examined the Plans and Specifications, and proposes to furnish all labor, materials, equipment, transportation, and sc required to do all the work to canplete Contract No. in accordance with the Plans and Specifications of the City of Carlsbad, i Special Provisions and that he/she will take in full payment therefor the fo unit prices for each item ccsnplete, to wit: 3135 CITY OF CARLSBAD (JAMES DRIVE) ASSESSMENT DISTRICT NO. 83-2 m BID !SCHEDULE Approx . Item Article with Unit Price or Quantity Unit No. Lurnp Sun Written in Words and Unit Price T 1 Clear and grub atfie Hoosem Lump sum $15 600 $ - 4 e .9X /%WDe€D Dollars and per lump sun. Cents +& 00 d 2 Unclassified excavation at - 3,600 CY $ 2.75 $- oollars ---_ - Wc? --- & -~"+,,, f\/ F$E Cents per cubic yard. ~umpsum $ 660 $2 L. 3 Sheeting, shoring, and bracing at ob 5J&*&5G & 7AodseND and mo Cents per lump sum. a -4- # Approx. I tan Article with Unit Price or Quantity Unit No. LUIQ Sum Written in mrds and Unit Price \ a 4 36" RCP storm drain at =---- 331 LF $ 73-60 $> li . ..$-* ?5 =-p:eti x / / SLgLL -- rnTi.&Ad and r-3 Cents per linear foot. 5 Type 'A' storm drain cleanout at 1EA SZOZf $ - rwa rHoossm~&&j~ Dollars and Cents per each. 6 Tie-in at existing 36" stom drain at 1EA $1070 $ - as %QSf)(UD saf€d!v Dollars Cents e and IO 6 per each . 7 Inlet apron D-39.1 at SEL'EIJ &wmD 1EA $ 73s% - flrnf9 F /c/G Dollars and a e Cents per each. r)o 8 Modified RSD-75.1-D drain swale at 110 LF $ /5/ $- f/CkftJ mllars and &a))/ Cents per linear foot . Ir, 9 18" RCP storm drain & lug at 42 LF $ ?c"- - $2 s/Y* Fs UR Dollars and I/ Cents per linear foot. / a -5- Approx . Article with Unit Price or Quantity Unit I tern mp Sum Written in words and Unit Price 1 lo 4' Tvpe B-Arb inlet at TWO n~em 1 EA $ -- 2/5Q $ d e No. \ oue hlt.NW 6F+ Dollars and Cents per each. 11 8" AB C1 150 water main including 1,331 LF $ Zz=OO $- trenching, valves, fittings, con- nections, thrust blocks, testing, bedding, backfill, and all appur- tenances not separately itemized at TWE& riw Oollars and Cents per linear foot. 12 Fire hydrant assemblies at rN&&fy 3 EA $2/00 $ 7- ONE k/u~/pa2~p Dollars and Cents per each a 13 Manual air release assembly at 6fg 2 EA $560' $1 kbNDXb&D bllars and % Cents per each. 14 BlCWQff assembly with guard post at 1 EA $ 630 '' $- 15 118 water meter service at && 18EA $S?d'$ - s/x h(DNb%m -r.hrlietY rnllars and Cents per each. A&#&& klhl€+Y rnllars and & ' Cents e per each. -6- r\pprox . I tern Article with Unit Price or Quantity Unit No. Lunp Sun Written in Wrds and Unit Price 1 1 0 16 10" VCP se:r main including trenching, 1223 LF $ 29 e $= fittings, testing, beddirq, backfill, and all appurtenances not separately itemized at ~&y A//#& Dollars and 7z----- Cents per linear foot. 17 12" PW Sewer Main Sleeve 40LF $)3% $ - mllars Cents per lineal foot. 60 LF $ 30 e $- 18 8" VCP Sewer Main and Cap at Collars Cents 0 per lineal foot. 19 4'1 PK sewer laterals at s~&h/ 18 EA $ 79t2 $2 N/M&7)/ Dollars and ,E Cents per each. &@ 20 Sewsr manholes, cmplete, at 6EA $/2@'$j TILELUG NUNDrn-D Lbllars and eo Cents per each. - 21 Sewer cleanout, complete, at ,5g~d 1 EA $ 7@0@ $ .&,U~DMD DO 1 lars an~~ g, Cents per each. 0 -7- I Approx . Item Article with Unit Price or Quantity Unit No. m sum Witten in Words and Unit Price 7: a \ 22 Underground utifities at fl/&h Lumpsum $3pM $3 p I~O Aun/oe69hiof~~llaPs ents per lwrp sum. 23 Class I1 A.B. at 2,110 TON $ 9+co $1 NWE Dollars and Fuefy Cents per ton. $1 3z 24 Curb & gutter, G-2, Type 'G' at 1,910 LF $ Id w ZAJ nollars and rn I&AI 7 wo per 1 inear foot. Cents 25 5' sidewalk per 'G-7' at 7,675 SF $ / % $2 a UNE Ihllars and "& +y E VF per square foot, Cents 35 26 Driveway approaches per '614.1' at 3,375 SF $ 2 I) $2 m~ Dollars and mJa)v r /vE Cents per square foot. t 27 Cross gutter at 400 SF $ 32 $2 Dollars N Cents &g 7H&&€ and per square foot. 0 -8- Approx . I tan Article with Unit Price or Quantity Unit No. Lunp Sm.Written in Words and Unit Price \ 28 Handicap ramps at 2EA d70O-O $2 a s&&&fL/ Dollars and B Cents per each. 29 Street lights at Gv&!~gd $FA sp30 $' - &NDeD mrev Dollars and Cents per each. 30 3" asphalt pavement and feather at 730 TON $ au9 Si Dollars Cents per ton. 31 Asphalt berm and depression at 148 LF $ 5* $- 6VG Dollars 0 and Cents per linear foot . $2 522 SF $.do (op 32 2" asphalt driveway, canplete, at - Dollars and SrPcfi Cents per square foot. 33 'M-9.1' Continuous barricade at 45 LF $ 3/? $L T#%A ow& bllars and six 7y Cents per linear foot. 0 -9- Approx. Article with Unit Price or Quantity Unit Item No. 34 w sum Written in Words and Unit Price TC .\ Lumpsum $+50E$i 3s Construct 42" chain link fence at 650 LF $ 13 z $4 e Reconstruct split rail fence at Gi?e A*DUD Ai= +v mil- and Cents per lump sun. bllars and Cents per linear foot. 36 Construct 10' clear opening double 7EA $&C%Z swing chain link gates at and Cents per each. /&E MUUDAW *- s 37 15-gallon street trees at 49 EA $73@ $A a M€ Dollars Cents SV€A 7P and per each. 38 Hydroseed at 12,100 SF $ 707 $d Dollars €72 Cents -4 ,* and per square foot. TOTAL FMaMT OF BID IN FIGURES: 315. 563 * TUTAL AMOUNT OF BID IN Worn: I;r/R€€ /UND&€D fij=7%€N 774 I && &hD/2.6D S/xtV rd&t% D6LCt9&5 ADDE!NWM N0.l~) HAVE BEEN RECEIVED AND ARE INCLUDED IN THIS PF &fislg a -10- Id All bids are to be computed on the basis of the given estima quantities of work, as indicated in this proposal, times the uI price as submitted by the bidder. In case of a discrepal between words and figures, the words shall prevail. In case an error in the extension of a unit price, the correc' extension shall be calculated and the bids will be computed indicated above and compared on the basis of the correc totals. The Undersigned has checked carefully all of the above figu and understands that the City will not be responsible for errors or omissions on the part of the Undersigned in making this bid. The Undersigned agrees that in case of default in executing required Contract with necessary bonds and insurance polic within twenty (20) days from the date of Award of Contract City Council of the City of Carlsbad, the proceeds of check bond accompanying this bid shall become the property of the C of Carlsbad. Licensed in accordance with the Statutes of the State California roviding for the registration of Contractors, Lice No. SOW & Identification e-/%- c-2 1 - A The Undersigned bidder hereby represents as follows: a 0 1. That no Councilmember, officer, agent, or employee of City of Carlsbad is personally interested, directly indirectly, in this Contract, or the compensation to paid hereunder; that no representation, oral or writing, of the City Council, its officers, agents, employees has induced him/her to enter into t Contract, excepting only those contained in this form Contract and the papers made a part hereof by its teri and 2. That this bid is made without connection with any pers firm, or corporation making a bid for the same work, is in all respects fair and without collusion or fraud Accompanying this propcFal is /B% .Or./ a,, (Cash, Certified Check, Bond, or Cashier's Chec for the exact dollar amount of ten percent (10%) of the amo bid or 10% of the bid amount not to exceed dollars. The figure in the blank must exc 10% of the bid amount. Using "10% of the amount accompany a bid" is not acceptable. -11- I 1 WITNESS my hand and official seal ACKNOWLEDGMENT-COrD --Pres (L SeC -WOICoIIs Form 222CA-Rev 5 82 : 1982 WOLCOTTS INC BIDDER'S BOND TO ACCOMPANY PROPOSAL a KNOW ALL PERSONS BY THESE PRESENTS: \ W-ILLIAM- J. KIRCHNAVY CONSTRUCTION, INC. That we 7 9 Principal, and PLANET INSURANCE COMPANY 9 Surety, are held and firmly bound unto the City of Carlsl California, in an amount as follows: for the exact dollar am1 of 10% of the bid amount not to exceed THIRTY TWO THOUSAND Dollars ($32,000.00 ). (The figure in the b must exceed 10% of the bid amount. Using "10% of the am accompanying bid" is not acceptable. 1 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal far: "Construction of Street Improvements on James Drive " I Contract No. 3135 in the City of Carlsbad, is accepted by the City Council of I City, and if the above bounden Principal shall duly enter and execute a Contract including required bonds and insur: policies within twenty (20) days from the date of Award Contract by the City Council of the City of Carlsbad, being ( notified of said award, then this obligation shall become I and void; otherwise, it shall be and remain in full force effect, and the amount specified herein shall be forfeited to In the event any Principal above named executed this bond a5 individual, it is agreed that the death of any such Princ: shall not exonerate the Surety from its obligations under 1 0 said City. s bond. IN WITNESS WHEREOF, we hereunto set our hands and seals th =day of DECEMBER , 19 85 I Corporate Seal (If Corporation) WILLIAM J. KIRCHNAVY CONSTRUCT10 L PLANET INSURANCE COMPANY )I (Notarial acknowledgement c execution by all PRINCIPAL5 (Attach acknowledgement of and SURETY must be attachec Attorney in Fact) - a -13- * I I I WITNESS my hand and official seal. .. ACKNOWLEDGMENT-Corp -Pres 8 Sec -wo!coIls Form 222CA-Rev 5-82 'I PLANET INSURANCs GUMPA- = HEAD OFFICE. MADISON. WISCONSIN POWER OF ATTORNEY 1 h 1 1 0 1 L : MARGARET E. McCOBB Of SAN DIEGO, CALIFORNIA--- KNO$VALL MEN By THESE PRESENTS, Tht the PLANET INSURANCE C0MPANY.a corporation duly organized under the l~,Ss of Wicconrin, CbCS hrcby make, Constilute and appoint its lrue and lawful Attorney-in-Fact, lo nuke, execute, real and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF STJ'El?fSHIP------ and to bind the PLANET INSURANCE COMPANY thereby M fully and to the same extent as if ruck bonds and undertakings and OtF obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and seated and attested by 0 such officen, and htreby ratifies and confirms all that its raid Attorneylcl-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VI1 of the By-Lm of PLANET INSURANCE COMPANY wk effective September 21, 1981, which provisions are now in full force and effect. reading as follows: ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Direnors. the President, the Chairman of the Board, any Senior Via President, any Vice President or Assistant Vi1 or other officer designated by the Board of Directors shall have power and authority to [a) appoint Attorneys-in-Fact and to authorize :her on behalf of the Company. bonds and undertaking. recognizances, contracts of indemnity and other writings obligatory in the nature t (bl to rem* any such Attorney-in-fact at any time and revoke the power and authority given to him. . 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued io them. !a I deliver on behatf of the Company, bonds and undertakings. recognizances, contraas of indemnity and other writings &ligaiorv in :he na:t The corporate seal is not necessary for the validity of any bonds and underlakings, recognizances. contraas of indemnity and other wrlrrw in the naiure thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be artached io bonds. recJpnizanm. C3ntTaCS 0 or other conditional or obligatory undertakings and they shall also have power and authorir, to carrifv the financ:ai Mr2ment 2f :ne CJml copies of the By-Laws of the Company or any article or section thereof. This Wwer of attcrney is signed and sealed by facsimile under and by authority of the following Resolution adopted bv :he 3Oard 2f PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982. at which a ;uorum 'was gresent. and said ?teSOiutiOn amended or repealed: a "Resolved. that the sipnatures of such directors and officers and the seal of the Company ray je affixed :a any SUC3 gowar Of dt:Orn' or any crnificatr relating thereto by facsimile, and any such power of attorney or cerrificace bearing suc.? !aGjmiie ilgnarures Or f3cJlm seal shall be valid and binding upon the Company and any such power so executed and cecified by faaimlie signaturex and facSdrn3ie SI shall be valid and binding upon the Company in the'future with respec: to any bond or undecaking :o wnlch if is JCaC3eC." IN WITNESS WHEREOF. the PLANET INSURANCE COMPANY has caused these presents to be signed Sv its Vice ?-?Sldeni. and :S CZr3C be hereto affixed. this 19th day of a3 19 October @; PLANET INSURANCE CSMP2NY I, : -- ' ,<A ' /J ,Ha// q. d 'I-.. Vice PTesidenr. ,/ 4 STATE OF eskington COUNTY OF FIR, -. - " -. On this 19th day of October , 19 83 . pcrsonaily apoeared L . 312 fz ='zzza-: to md know to be the Vice.President of the PLANET INSURANCE COMPANY. and acknowiedQed :hat 'Ye $xecwed 3Pd 3t:SS:ed : inflrument and affixed the seal of Laid corporation therno, and that Article VII. Section 1, 2. and 3 2f !he 3v-CM of said Corncanr. and :h 1 wt fonh tharem, we itill in full force. My Commiuion Expires: -'LIT- (7 - I. . . nes xzg: 2 x M:-::= .- JiLy 20 *" 86 Residing at Jazes S. Heath , Assistant Secretary of !he PLANET INSURANCE COMPANY. do 3areOv ce 0 'tmve I, and forewing is a true and Correct copy ol a Po-r of Attorney r~ccu:eC bv said PLANET INSURAKf COMPANY. &nick is nil and rffec. ' IN WITNESS WHEREOF, I hvc hereunto wt rry hand and affixed the seal of said Company this ~TH dm of' DECE B Assistant Secretary w/tl, f Qil: BDP-1431 !;a? v a 'DESIGNATION OF SUBCONTRACTORS The Underoiqnrd certifies he/she has used the subbids c following Lr8t.d Contractors in makrng up his/her bld bnc the eubcontractora listed will be used for t.he work for they bAd, sub]oct to the approval of the City Engineer, ' ~ccorbrnco with rpplicable provisrone of the 6pttclf icationr change. my ba Mdo in theae subcontractors except upon the approval of tho City Engineer of the City of Carlobad. foll.or~ng information ~s requlred for each subcontr AddAtAOnrl p908 can be attached, lf required: IrtMS OF FULL COMPANY NAME COMPLETE ADDRESS ._.- - WOHh - - -. . . . . - . .-_ 0 24,25,26,27 c-28 __.._ P.C.C. MON-DALE, INC. 7370 MISSION GORGE ROAD SAN DIEGO, CA MAC0 SERVICE 101 1 1 -A PROSPECT AVE. -.. .. __.__ _______._..______.__ _-__ _.--._._ .. ELECTRICAL . . . . - __ - - 29-1 22 SANTEE, CA 33,34,35 t 36 BARRICADES E; FENCE ATLAS FENCE COMPANY 1211 S. 32ND STREET -___ - - - - - - . - - _. . -- . -.. . __ __.__.___._. - - . _-._ - _. __ - __ - . -* -. --.---_.. . SAN DIEGO, CA CHRISTENSEN ST. CONCRETE 809 PECOS ST. . - - .- .-- .---.-_ - -- __-..___. ___. . -. . __ _____. _._ .. ___ CONCRETE - .._.--I__ 5,7,8, C, ;G SPRING VALLEY, CA ____ __ - DALEY CORPORATION 2400 MURPHY CANYON ROAD .- __--.- ___.____ __ .___._._ 30, 31 , & -3.2. . PAV.1 --- NG SAN DIECO, CA ---.--------- .___~ __._ - . . . . .-. . - ._ - - / .e && --- (PEE) L, /' ." L&Ys , I" - .;-. _.-----. - -.--- -- __________ - - - ___- . 1 TtTl ?\ \Y DESIGNATION OF SUBCONTRACTORS (continued) ~h. bidder i. to provide the following information on the sub1 of all the li8ted subcontractors as part of the sealed submirsion. Additional pages can be attached, if required. e \ Amount of Type of State Carlebad Contracting Business Full Company Namo License 61 No. License No.* Bid ($ Or Mow-~>&~u~. c g 4 a70ado Dl03oo /I,? He I 433fl c '-id y/ 1% 3,a : ~~bzFi-- 0659 &!G/d #aye /a74 q00V4d9-C8 ueqp /,.T i A""rf:s*qF:-G 7 Daly Gay - JI5'I .= 0 !'. *Licenses are renewable annually. If no valid licc indicate "NONE". Valid license must be obtained prio submission of signed Contracts. . e + 7, IdPC4 WaQq Bidder's Company Nahe (Notarize or Corporate Seal) /b]D ~!,Jhjdct l%i& D@ SSde Authorized Signature @ -15- BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY a \ The Undersigned submits herewith a notarized or sealed statemen of his/her financial responsibility. PJ e 9 (Notarize or Corporate Seal.) 0 -16- ', . ILJ?It'i;'; J . I:ifiCiiNAV!l i3MJI E;S;: s iLL3 JULY 31, 1985 ASSETS 0 CUNU3IT %SEI'S Cash in Mnk - N.C. rank - general $ 5 J4G .75 . Cash in bank - N.C. Unk - payroll 29,021.68 Cash in bank - Haw Federal 11,210.48 Less: allcw ror cjouotful accts (12,342 .W) Costs in excess of billing 130,424 .(io Cash in hnl; - N.C. Bink - savings 54.2i Accounts receivable - tra& 845,703 -71 ------------ m! CUHRENT SSMS $ 1,009,818.83 PHOE'ERTY AND EQUIEWNT Plachinery ana equipnent 974,976.36 Lcss : accumulateit uepreciation (702,866 .OG) ----------_ 277,112.36 --------- $ 1,286,931.19 ___________---- a ___--_------ ; . e Pretarw wir:~out. iiutiit cir LC'L*:LTl.i Sc.e ;Iccountxnc-: * m.~.:ii~:~j.m it ,.pt:. i;IIIIlIN4 J. KitiUlNAVY tV~!CE LliEE;*I' JULY 31 f ?SUS 0 IiINiILITIES iVdLI S?'OCICI.IOLDER'S LQUITY CU KRE3l'l' LI& IL ITIES Accounts pyaDle - trade $ 35bI5if1.94 am line - 1z.C.B. 97,818.05 Cur rent portion - contracts payabi e loci lOU0. (10 Otficcr lan - prsonal 24 ,i21 .lb Pica pyable - employee's ( .39) SUI payable (18.35) Vacation benefits jayable 251,151) .46 E'ecieral inconk? tax ?pyable current 35,5011 .u<, Franchise tax wyable current 20,798.W -----------_ ?WI'AL CURRENT LIABILITIES $ 666,~15.89 w1?1(;-'iEHE.: LIABILITIES Note payable - CIT (scralpr) 351334.91 llotes pq,~lc - I'I.C.f.3. lj6 2 491 077 Note pysble - CIT (service truck) 31 f 514.11 klotes payable - C. I .T. 2,602 -58 tbtes payable - C.I.T. 30,294 .L6 Rwtes ,+iyaDle - C.IIrl'. I8 JG7.56 rlotes pyaole - C.I.T. 11,295.59 mtes pyaole - N.C.1:. 2 ,(~23.23 a Less: current portion notes payable (1~0,ouo.oo) ----------- 120,324.11 SlDCI310LL;i::E ' S LQUITY Camon stock 10 ,uoo .uo keta i mu earn ings 331,887.93 13et lncomne (loss) 158 f./b3 .26 ------------ '1oTAL S~WKHOLDEH~ s aum 506,591 -19 ----------- $: 1,286,931.19 -.--- -_-- ._------ ----____--_- Frcprec witlicr;~ r:u(iit cir revilL,:; S,'cd? .iiLiunccr LE ' ~:e::!;:il~i~ic~, r(. , ort a BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE 0 \ The Bidder is required to state what work of a similar character 1 included in the proposed contract he/she has successfully perform( give references, with telephone numbers, which will enable the cij judge hisjher responsibility, experience and skill. An attachmenl be used if notarized or sealed. Date Name and Phone No. Contract Name and address of Person Completed of the Employer to Contact Type of Work 1 COUNTY OF SAN DIEGO $,.At\. -’e I CONSTRUCTION OF I 5555 OVERLAND AVE. S.D. 1 MR. NW3MKIT 565-51a 1 GUAJOME DAM [ 620 N. ASH 1 P.O. BOX b 3759 SAN DlEGq GORDON MERRILL 298-8840 PHASE #1 6/82 CITY OF ESCONDIDO 1 HALE AVENUE ;vii 239-3046; ALGA RD. IMPROV. 8/83 EScoNDiDo,ci JIM BERNARD~ 741-4651 I STREET iMPROVEMEi 1 T.B. PENICK E SONS 1 I P.0. Box 8428 SAN DIEGO I TOM PENlCK 1 C.A. LARS N CONSTRUCTION I CARLSBAD INN 1 A.B.C. CONSTRUCTION 1 C.A. LARSEN CONSTRUCTION 1 I CARLSBAD INN f :::l : EZLLEY $itRi ARMOND MARTINEAU 10/84 -- 1 I CITRACADO & MIS 11/85 I 3120 NATIONAL AVE S.D. 1 WAYNE CZUBERNT 239-34@ ROAD IMPROVEMEN‘ 12/85 I SAN DlEGd GORDON MERRILL 298-8810 PHASE 12/85 10/84 - VALLEY CENTER MUNl i k!Eke”grkE I I I I i 1 I I 1 1 1 1 1 1 1 I I I I I I 1 1 1 1 I 1 I 1. I I I I I I k / (Notarize or, Signature Corporate Seal ) 0 -17- CONTRACT - PUBLIC WORKS 0 T This agreement is made this U- day of PC%-- , 1 by and between the City of Carlsbad, California, a R6j, municipal corporation, (hereinafter called "City"), and City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all wor specified in the Contract documents for: CONSTRUCTION OF STREET IMPROVEMENTS ON JAMES DRIVE, CONTRACT NO, 3135 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provid all labor, materials, tools, equipment, and personnel t perform the work specified by the Contract documents. 3. Contract Documents. The Contract documents consist of thi Contract: the bid documents, including the Notice to Bidders Instructions to 8idders' and Contractors' Proposals: th Plans and Specifications, and all proper amendments an changes made thereto in accordance with this Contract or th Plans and Specifications, and the bonds for the project: a1 of which are incorporated herein by this reference. a 4. Payment. As full compensation for Contractor's performanc of work under this Contract, City shall make payment t Contractor per Section 9-3.2 of Standard Specifications fo Public Works Construction, 1985 Edition. The closure dat for each monthly invoice will be the 30th of each month. NOTE: "No progress payment shall be made until after the delivery of the improvement bonds and the receipt by the City of the proceeds therefor." e -18- Payment of undisputed Contract amounts shall be contingen. upon Contractor furnishing City with a release of all claim, against City arising by virtue of this Contract as it relate1 to those amounts. Extra compensation equal to 50 percent of the net savings ma: be paid to Contractor for cost reduction changes in the plan: or specifications made pursuant to a proposal by Contractor The net savings shall be determined by City. No paymen. shall be made unless the change is approved by the City. 5. Independent Investiqation. Contractor has made ai independent investigation of the jobsite, the soil condition! under the jobsite, and all other conditions that might affecl the progress of the work, and is aware of those conditions The Contract price includes payment for all work that may b done by Contractor in order to overcome unanticipatec underground conditions. Any information that may have beel furnished to Contractor by City about underground conditionr or other job conditions is for Contractor's convenience only and City does not warrant that the conditions are as thur indicated. Contractor is satisfied with all job conditions including underground conditions and has not relied 01 information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contracto shall be responsible for all loss or damage arising out o the nature of the work or from the action of the elements o from any unforeseen difficulties which may arise or b encountered in the prosecution of the work until it acceptance by the City. Contractor shall also be responsibl for expenses incurred in the suspension or discontinuance o the work. However, Contractor shall not be responsible fo reasonable delays in the completion of the work caused b acts of God, stormy weather, extra work, or matters which th specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity o this Contract, order changes, modifications, deletions, an1 extra work by issuance of written change orders. Contracto shall make no change in the work without the issuance of written -change order, and Contractor shall not be entitled tl compensation for any extra work performed unless the City ha issued a written change order designating in advance thl amount of additional Compensation to be paid for the work If a change order deletes any work, the Contract price shal be reduced by a fair and reasonable amount. If the partie are unable to agree on the amount of reduction, the wor shall nevertheless proceed and the amount shall be determinec 0 e a -19- by arbitration or litigation. The only person authorized t order changes or extra work is the City Engineer. However no change or extra work order in excess of $5,000.00 shall b effective unless approved by the City Council. a 8. Prevailing Wage. Pursuant to the Labor Code of the State c California, the City Council has ascertained the genera prevailing rates of per diem wages for each craft or type c worker needed to execute the Contract and a schedul containing such information is in the City Clerk's office and is incorporated by reference herein. Pursuant to Lam Code Section 1775, Contractor shall pay prevailing wages Contractor shall post copies of all applicable prevailin wages on the job site. 9. Indemnity. Contractor shall assume the defense of an indemnify and hold harmless the City, and its officers an employees, from all claims, loss, damage, injury an liability of every kind, nature and description, directly c indirectly arising from the performance of the Contract c work regardless of responsibility for negligence; and frc any and all claims, loss, damage, injury and liability howsoever the same may be caused, resulting directly c indirectly from the nature of the work covered by th Contract, regardless of responsibility for negligence. TI expenses of defense include all costs and expenses, includir: attorneys 'fees, for litigation, arbitration, or other disput resolution method. Nothing in this paragraph shall requir Contractor to indemnify City for losses caused by the activ negligence of City. 10. Insurance. Contractor shall maintain insurance covering th liability stated in Paragraph 9 in the amount of $500,000 ar shall cause the City to be named as an additional insured c any policy of liability or property damage insuranc concerning the subject matter or performance of this Contrac taken out by Contractor. 11. Workers' Compensation. Contractor shall comply with tk. requirements of Section 3700 of the California Labor Code Contractor shall also assume the defense and indemnify an save harmless the City and its officers and employees frc all claims, loss, damage, injury, and liability of ever kind, nature, and description brought by any person employe or used by Contractor to perform any work under this Contrac regardless of responsibility for negligence. 0 12. Proof of Insurance. Contractor shall submit to the Cit certification of the policies mentioned in Paragraphs 10 ar 0 -20- 11 or proof of workers' compensation self-insurance prior t the start of any work pursuant to this Contract. e 13. Arbitration. Any controversy or claim in any amount up t $100,000 arising out of or relating to this Contract or th breach thereof may, at the option of City, be settled t arbitration in accordance with the construction industr rules of the American Arbitration Association and judgmen upon the award rendered by the arbitrator(s) may be entere in any California court having jurisdiction thereof. Th award of the arbitrator(s1 shall be supported by law an substantial evidence as provided by the California Code c Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and mak available to the City, upon request, records in accordanc with Sections 1776 and 1812 of Part 7, Chapter I, Article 2 of the California Labor Code. If the Contractor does nc maintain the records at Contractor's principal place c business as specified above, Contractor shall so inform th City by certified letter accompanying the return of thi contract. Contractor shall notify the City by certifie mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter I commencing with Section 1720 of the California Labor Cod are incorporated herein by reference. e 16. Security. Pursuant to the requirements of law (Governemen Code Section 4590) appropriate securities may be substitute for any monies withheld by City to secure performance c this Contract or any obligation established by thi Contract. -_ -- a -2 1- (Notarial acknowledgement of execution by ALL PRINCIPALS must be attached.) e BY Title / x/ 7, 94-f APPROVEd!{F'E'ORM : CIT OF CARLS AD, CALIFORNIA < ////&/;.'h $myq J, &Le-- Assistant City Attorney Contracts $10,000 City Manager, for Contracts less than $10,000 e Contractor 's Certification of Awareness of Workers' Compensatic Responsibility. "I am aware of the provisions of Section 3700 of the Labor Ca which requires every employer to be insured against liability €1 workers' compensation or to undertake self-insurance accordance with the provisions of that code, and I will comp with such provisions before commencing the performance of tl work of this Contract. " x & &>!A?? Contractor -_ -- e -22- -- __. I __ ______ - Ix- I __ -- -I _I-IxxII I--"--I - - I On this & day of u , in the yea before me, the undersigned, a Notary om. a. Q'FICIAL SEAL 0 4 & 4 3 Vamtta i. Boydkn 1 , personally knc (or proved to me on the basis of satisfactory evidence) to be the person$ who exc within instrument as President- , of the Corporation there and acknowledged to me that the Corporation executed it pursuant to its by-laws o tton of its board of directors WITNESS my hand a hoAarv P:ib! c ,a ifornla 0 f? 0 0%- 0 * (1 c + P * * c * E. 8 Q 0 c. u + 6 c*-+ * +++ * ACKNOWLEDGMENT-Carp -Pres & Sec -WoIco11s Form 222CA-Rev 5 82 @'982WOLCOTTS "C ...----- -l_--llilX 1_ - _l__l_ - II __-I-_ I_ ---I- ------- .--^_- ___*_.---~-"- -- -_- - CERTIFICATION OF COMPLIANCE a I hereby certify that uLw in performing under the Purchase Or Carlsbad, will comply with the Coun Action Program adopted by the Board of Supervisors, including 31 current amendments. / //$?a r 83 Date Title [NOTARIZE OR CORPORATE SEAL ) f- (Notarial acknowledgement of execution by all principals must k attached.) a I_ -- a -23- EXECUTED IN FOUR PARTS BOND NO. P-580031 a LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the city of Carlsbad, State c California, by Resolution No. 8313 I adopted 12/17/85 , hz awarded to William J. Kirchnavy, Inc. (hereinaftc designated as the "Principal" 1, a Contract for: CONSTRUCTION OF STREET IMPROVEMENTS ON JAMES DRIVE, CONTRACT NO. 3135 in the City of Carlsbad, in strict conformity with the drawin5 and specifications, and other Contract documents now on file : the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute sa: Contract and the terms thereof require the furnishing of a bo1 with said Contract, providing that if said Principal or any ( his/her or its subcontractors shall fail to pay for ai materials, provisions, provender or other supplies or teams us( in, upon for or about the performance of the work agreed to 1 done, or for any work or labor done thereon of any kind, tl Surety on this bond will pay the same to the extent hereinaftc set forth . NOW, THEREFORE, WE, WILLIAM J. KIRCHNAVY, INC. as Principal, (hereinafter .designated, as the "Contractor"), and PLANET INSURANCE COMPANY as Surety, are he. firmly bound unto the City -of Carlsbad in the sum of THREE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED SIXTY THREE AND 00/10@011ars 315,563.00 ), said sum being one hundred per cent (100%) of tl estimated amount payable by the City of Carlsbad under the teri of the Contract, for which payment well and truly to be made 1 bind ourselves, our heirs, executors and administrator! successors, or assigns, jointly and severally, firmly by the! presents. THE CONDITION OF THIS OBLIGATION IS SUCH tnat if the person t his/her subcontractors fail to ,pay for any materials, provision1 ' provender or other supplies, or teams used in, upon, for, ( about the performance of the work contracted to be done, or fc any other work or labor thereon of any kind, or for amounts dl under the Vnemployment Insurance Code with respect to such wo or labor, that the Surety or Sureties will pay for the same, an amount not exceeding the sum specified in the tond, and, ala in case suit is brought upon the bond, a reasonable attorney fee, to be fixed by the court, as required by the provisions l Section 4202 of the Government Code of the State of California. @ @ -24- 1 EXECUTED IN FOUR PARTS /- 0' - This bond shall inure to the benefit' of any and all persons companies and corporations entitled to file claims under Sectic 1192.1 of the Code of Civil Procedure so as to give a right c action to them or their assigns in any suit brought upon thi bond, as required by the provisions of Section 4205 of tp Government Code of the State of California. In the event any Contractor above named executed this bond as c individual, it is agreed the death of any such Contractor shal not exonerate the Surety from its obligations under this bond. IN WITNESS HEREOF, this instrument has been duly executed by th Contractor and Surety above named, on the 26TH day of DECEMBER - , 1985 . - WILLIAM J. KIRCHNAVY, INC. - - (Notarize or Corporate L2 Seal for each Signer) /- a Contractor PLANET INSURANCE COMPANY ::iFiA:'ZA;' L w n - - 1 4 TPiSn 30MINIQUE :ne Llr#+o*r;,;n& \lo[ar/ 1U31IC, g?rsonally 2ccea:ed dxji#A.PGAix5 :a McCOrn 2 Jerc,ciaiy inow- ;O cs - - 3:2,1ed '0 7s 3,~ :re lasts of sa' s-ac!ori 2vidercs :c 33 'pe ~e:~oc(s; ,V~G 2xeCJ:sci in2 t~i~k?i~n instiurneqt as ATTOKNE?' I V FACT o;an ze~zif of :ne co:3cra:ion t yrlTNEsS T/ hand all 3r-lc!& 5e3, ,,-- cv*L.,G--z< -s;C=A-,Crr - Z:C'Z'1enrLra34 *C.CaCl coa?c;lirc AC<\GVILEZCMEV- =CSU iizc a52 PLANET INSURANCE COXPANY HEAD OFFICE, MADISON. WlXOhlflN POWER OF ATTORNEY' KNOW'ALL MEN BY THESE PRESENTS, That the PLANET INSURANCE COMPANY, I corporation duly wganizd under the lyf:s!.t a of Wisconsin, does hereby make. constitute and appoint MARGARET E. McCOBB of SAN DIEGO, CALIFORNIA--- ,, its true and lawful Attorney-in-Fact. to make, execute, aasl and deliver for and on its behalf, and as its aa and deed my AND ALL BONDS AND UNDERTAKINGS OF SURZTYSHIP------ and IO bind the PLANET INSURANCE COMPANY thereby ar fully and to the same extent as if such bonds and undertakings and other obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and anested by one such officen, and hereby ratifies and confirms all that its said Attorney(sl-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VI1 of the By-Laws of PLANET INSURANCE COMPANY whic. effective September 21, 1981, which provisions are now in full force and effect, reading as follows: ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President. any Vice President or Assistant Vice or other officer designated by the Board of Directors shall have power and authority to [a) appoint Attorneys-in-Faa and to authorize them t( on behalf of the Company, bonds and undertakings, recognizances, contracts of indamnity and other writings obligatory in the nature the (b) to remove any such Attorneyin-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them. to ex deliver on behalf of the Company. bonds and undertakings. recognizances. contrams of indemnity and other writings obligatory in :he natw The corporate seal is not necessary for the validity ol any bonds-and undenakings, recognizances. cantracts of indemnity and other writings c in the nature thereof. .3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds. recogniranms. conrracs Of i other conditional or obligatory undertakings and they shall also have power and authoriry 10 certify the financial statement of the Campa pier of the By-Law of the Company or any article or section thereof. a This peer of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the 8oard Of C' PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982. at which a quorum was present. and raid Resolution ha amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of att0rnW orany certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such fac:imile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and cenified by facsimile signatures and facslrniie sea shall be valid and binding upon the Company in the'future with respec: to any band or undertaking to which it is attached." IN'WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice Pr-ident, and its COrPOri be hereto affixed, this 19th day of October l9 83 PLANET INSURANCE COMPANY I\ f 7 -- ' A>-_kL .+?& Vice Pyesident ,/. esiington #I,;, STATE OF COUNTY OF On this 19th day of October , 19 83 , perronally appeared c. Eriz? schz21z to mC known to be the Vice-President of the PLANET INSURANCE COMPANY. and acknowledd that he executed and arrested tt instrument and affixed the seal of raid corporation therqo, and that Artic!c VII, Section 1. 2. and 3 of the By-Caws of md Companv. and the Wt fonh therein, are still in full force. \ MY Commiuion Expires: /kL Q.-U -L/-l.n F c- -.. /+-ga.. i +2*p -.)i c \,& I<>-<.. >;;,:.,::! j Nota'diic in and for State of k'eshington -%/' Milts2 July 20 ~"86 Residing at 4 Jmes E. Heath , As~irtsnt Sccrerary of the PLANET INSURANCE COMPANY. do hereby cel above and forepoing is I true and correct copy of a Power of Attorney executed by mid PLANET INSURAKE COMPANY.whic.'l ;I still and ctfsm. JN WITNESS WHEREOF, I hvc hereunto rat rry hand and he seal of said Company rhis Au;rranI Sbcrstary , BOP-1431 1/R? EXECUTED IN FOUR PARTS BOND NO. P-580091 PPEMIUY; $6,311 .OO THE FINAL PREMIUM IS PREDICATED THE FINAL CONTRACT PRICE. a PERFORMANCE B(>ND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State o California, by Resolution' No. 8313 - , adopted 12/17/85 , ha awarded to William J. Kirchnavy, Inc. (hereinafter designated as the "Princ:ipal"), a Contract for: CONSTRUCTION OF IMPROVEMENTS ON JAMES DRIVE, CONTRACT NO. 3135 in the City of Carlsbad, in strict conformity with the drawing and specifications, and other Contract documents now on file i the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute sal Contract and the terms thereof require the furnishing of a bon for the faithful performance of said Contract: NOW, THEREFORE, WE, WILLIAM J. KIRCHNAVY, INC. la Principal, (hereinafter designated as the "Contractor" ) , an PLANET INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Carlsbad in the sum of THREE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED SIXTY THREE AND Dollars ($ 315,563.00 1, said sum being equal to one hundre per cent (100%) of the estimated amount of the Contract, to 1 paid to the said City or its certain attorney, its successors an assigns; for which payment, well and truly to be made, we bic ourselves, our heirs, executors and administrators, successors c assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the aboc bounden Conzractor, his/her or its heirs, executors administrators, successors or assigns, shall in all things star to and abide by, and well and truly keep and perform t? covenants, conditions, and agreements in the said Contract ar any alteration thereof made as therein provided on his/her c their part, to be kept and performed at the time and in tl manner therein specified, and in all respects according to thei true intent -and- meaning, and shall indemnify and save harmles the City of Carlsbad, its officers and agents, as therej stipulated, then this obligation shall become null and voic otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrec that no chaEge, exten'sion of time, alteration or addition to tl terms of the Contract, or to the work to be performed thereundc -9 -26- On this the26TH day of DECEMBER 1985, beio TRiSH DOMINIQUE the undersisnsd ~oiaq ?ublic, persoriailj, appe2red &%RGAZT E; ~'AcCQB a personaliy known to me ci proved to me on the basis of sa!isfactcq evidence to be the gerscn(s) w>o executed the :vi:hin instiurnen: as ATTORNEY I id FACT or on behaif of tne corgcrakion t named, and zcknowledSed :o me :hat the corpcraiicn execuied it. WlTNSS -y hand and oiiiciai sad. -. c9FiTcai: iC:<:ic,'i~~.:~M~~,: 'Zp!., :,2fl 052 N;;:CN;LNC~~IY AS5CC;A:iCX * ZXrZ'leni~.ra 3rC. *VicccI .. EXECUTED IN FOUR PARTS ic 0 5r the specifications accompanying the, same shall affect it: obligations on this bond, and it does hereby waive notice of an: change, extension of time, alterations or addition to the term! of the Contract, or to the work or to the specifications. In the event that any Contractor above named executed this bonc as an individual, it is agreed that the death of any SUC’ Contractor shall not exonerate. the Surety from its obligation: under this bond. IN WITNESS WHEREOF, this instrument hats been duly executed by thc Contractor and Surety,above named on the 7 26TH day of DECEMBER I 19 85 WILLIAM J. KIRCHNAVY, INC. (Notarize or Corporate Seal for Each Signer) f PLANET INSURANCE COMPANY FEDERAL WAY, WA 98003 33405 8TH AVENUE SOUTH , c-7’ 1 x I Suret MAR GAS ET L 1 .- ~ -- 7 t 8--@ -27- PLANET INSURANCE COacr~a~ x HEAD OFFICE. MADImN. WISCC)NtlN POWER OF AlTORNEY KNOPALL MEN By THESE PRESENTS. That the PLANET INSURANCE COMPANY. a corporation duly orpanizd under the ly~_o1 0 of Wisconsin, doer hereby make. constitute and appoint MARGARET E. McCOBB of SAN DIEGO, CALIFORNIA--- its true and lawful Attorney-in-Fsct, to make. execute, mal and deliver for and on its behalf, snd as its act and deed ANY AND ALL BONDS AND PNDERTAKINGS OF STJR3TYSHIP------ and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undenakings and 0th obligatory in the nature thereof were sipned by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by 01 such officers. and hereby ratifies and confirms all that its said Attorney(r1-in-Fact may do in pursuance hereof. This Power Of Attorney is granted under and by authority of Article VI1 of the By-La- of PLANET INSURANCE COMPANY whi effective September 21, 1981, which provisions are now in full force and effect. readinGI as follows: ARTICLE VI1 - EXECUTION OF BONDS AND UNDERTAKlNGS 1. The Board of Directors, the President. the Chairman of the Board. any Senior Vice President. any Vice President or Assisrant Vic or other officer designated by the Board of Directors shall have power and authority to [a) appoint Artorneys-in-Fact and to authorize them on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and orher wirings obligatow in ihe nature :, (bl to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. . 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of :he power of attorney issued :o rhem, to e deliver on bhalf of the Company, bonds and undenakings, recognizances, conrracts of indemnity and other wrirings obiigarary in :he narL The corporate seal is not necessary for the validity of any bonds and undenakingr, recognirances. conrracts of indemnity and other wri:inr;s in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be artached ra banas. recognizanEs. c0nt:aci 01 of other conditional or obligatory undertakings and they shall also have power and authoriry to cenify the financial starernenr of Che Cam6 opies of the By-Laws of the Company or any article or section thereof. 0 This powr of attorney is signed and sealed by facsimile under and by aurhority of the Following Resolution adopred by rhe %md Of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 198:2. at which a quorum was 2resent. and said Flesoiution t amended or repealed: "Resolved, that the signatures Of such directors and officers and the seal of the! Company may be affixed :a any such power Of attornf orany cerrificate relating thereto by faaimile. and any such power of attorney CIT cerrificare bearing such facsimile signatures Or facsimi seal shall be valid and binding upon the Company and any such power so executed and cenified by iacsirniie signatures and facsiniie se shall be valid and binding upon the Company in rhe'future wirh respec KO any had or undenaking :o whtch it is aKTaChed." IN'WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice Prmdent.and It5 CorDa be hereto affixed, this 19th day of October Ig 83 PLANET INSilRANCE COMPANY \ f7 /? _- I /<k JJ4 dL/ Vice President ,/' 4 STATE OF WcsGington COUNTY OF 1% On this 19th day of October ,19 03 . perronaily appeared L" - Brie2 SC~ZZ~~ TO f'W know to be the Vice-President of the PLANET INSURANCE COMPANY, and acknowledm rhar he executed and arTerTe-d : instrument and affixed the feaJ of said corporation rherno, and that Article VII, Section 1. 2. and 3 of :he 3v-L.aws of mid Company. and rh, =t forth therein, arc still in full force. \ My Commission Expires: c+I.h~ p .. ,,\ 3-k J -LrLn ~ Weskiilgtsn Milion 35. July 20 *19 86 NofaWublic in and for Stare of Residing ar e. Jazes 9. Heath , Assistant Secretary of the PLANET INSURANCE COMPANY. do hereby ce .hove and foreping is I true and correct copy of a power of Attorney executed by raid PLANET INSURANCE COMPANY. which is sni and affect. IN WITNESS WHEREOF. I hwe hereunto rat my hand and he seal of said Ccimpanv this 26TH day of DEC / c-$/- d/? 7 Acris:snt Secrarery BDp-1431 1/82 GENERAL PROVISIONS 8 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the lates edition of the Standard Specifications for Public Work Construction, hereinafter designated SSPWC, as issued by th Southern Chapters of the American Public Works Association the City of Carlsbad supplement to the SSPWC, the Contrac documents, and the General and Special Provis'ions attache thereto. The Construction Plans consist of 5 sheet(s) designate as City of Carlsbad Drawing No. 257-9 The standar drawings utilized for this prole- San Dieqo Are Regional Standard Drawinqs, hereinafter designated SDRS, 2 issued by the San Diego County Department of Transportatior together with the City of CarLsbad Supplemental Standar Drawings. Copies of pertinent standard drawings are enclose with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor equipment and materials, and performing all operatior necessary to complete the project work as shown on tk project plans and as specified in the specifications. a 3. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer or hi approved representative. B. Reference to Drawings: Where words "shown", "indicated", "detailed", "noted' "scheduled", or words of similar import are used, : shall be understood that reference is made to the plaI accompanying these provisions, unless stated otherwise C. Directions: Where words "directed", "designated", "selected", ( words of similar import are used, it shall be understoc that the direction, designation or selection of tl Engineer is intended, unless stated otherwise. The wo; a -28- "required" and words of similar import shall 1 understood to mean "as required to properly complete tl work as required and as approved by the City Engineer unless stated otherwise. e D. Equals and Approvals: 'Where the words "equal", "a:pproved equal", "equivalenl and such words of similar import are used, it shall understood such words are followed by the expression 'I the opinion of the Engineer", unless otherwise statec Where the words ''approved" , ''approval'' I "acceptance", I words of similar import are used, it shall be understoc that the approval, acceptance, or similar import of tl Engineer is intended. E. Perform and Provide: The word ''perform" shall be understood to mean that tl Contractor, at her/his expense, shall perform a operations, labor, tools and equipment, and furthe including the furnishing and installing of materials th, are indicated, specified, or required to mean that tl Contractor, at her/his expense, shall furnish and insta the work, complete in place and ready to use, includil furnishing of necessary labor, materials, tool equipment, and transportation. e 4. CODES AND STANDARDS standard Specifications incorporated in the requirements I the specifications by reference shall be those of the late edition at the time of receiving bids. It shall understood that the manufacturers or producers of materia so required either have such specifications available fc reference or are fully familiar with their requirements pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A construction schedule is to be submitted by the Contract1 per Section 6-1 of the SSI?WC at the time of t' preconstruction conference. If the completion date shown on the "Notice to Proceet letter is not met by the Contractor, he will be assessed t' sum of $400 per day for each working day beyond the complet date, as damages', a -29- - coordination with the respective utility company for removz or relocation of conflicting utilities shall be requirement prior to commencement of work by the Contractor. The Contractor shall begin work after being duly notified 1 an issuance of a "Notice to Proceed" and shall diligent1 prosecute the work to completion within 140 consecutit calendar days from the date of receipt of said "Notice t Proceed. 'I a 6 . NONCONFORMING WORK The Contractor shall remove and replace any work nc conforming to the plans or specifications upon written ordc by the City Engineer. Any cost caused by reason of thi nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one (1) year after tk filing of a "Notice of Completion" and any faulty work c materials discovered during the guarantee period shall 1: repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with tk product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instruc- tions, including two (2) copies to the City Engineer, 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the constructic shall be equipped with mufflers in good repair when in use c the project with special attention to City Noise Contrc Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. 10. CITY INSPECTORS All work shall be under the observation of a Cit Construction Inspector. Inspectors shall have free access 1 any or all parts of work at any time. Contractor shal furnish Inspectors with such information as may be necessai to keep her/him fully informed regarding progress and manne of work and character of materials. Inspection of work shal not relieve Contractor from any obligation to fulfill thj Contract. 0 -30- 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED 0 Each and every provision of law and clause required by 1~ to be inserted in this Contract shall be deemed to 1 inserted herein and the Contract shall be read and enforcc as though it were included herein, and if, through mistal or otherwise, any such provision is not inserted, or is nc correctly inserted, then upon application of either pari the Contract shall forthwith be physically amended to mal such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materia: suppliers shall provide and install the work as indicate( specified, and implied by the Contract documents. Any iter of work not indicated or specified, but which are essentiz to the completion of the work, shall be provided at tl Contractor's expense to fulfill the intent of sa: documents. In all instances throughout the life of tl Contract, the City will be the interpreter of the intent ( the Contract documents, and the City's decision relative * said intent will be final and binding. Failure of tl Contractor to apprise her/his subcontractors and materia: suppliers of this condition of the Contract will not relie7 her/him of the responsibility of compliance. 0 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformil with the drawings, specifications, and based upon the iter indicated or specified. The Contractor may offer substitution for any material, apparatus, equipment, ( process indicated or specified by patent or proprietal names or by names of manufacturer which she/he considei equal in every respect to those indicated or specified. TI offer made in writing, shall include proof of the State Fii Marshal's approval (if -required), all necessary informati01 specifications , and data. If required, the Contractor, i her/his own expense , shall have the proposed substitutc material, apparatus, equipment, or process tested as to il quality -- and strength, its physical, chemical, or othc characteristics, and its durabi.lity, finish, or efficienc by a testing laboratory as selected by the City. If tl substitute offered is not deemed to be equal to that : indicated or specified, then the Contractor shall furnisl erect, or install the materia:L, apparatus, equipment, < process indicated or specified. Such substitution ( proposals shall be made prior to beginning of constructioi 0 - -31- if possible, but in no case less than ten (10) days prior I actual installation. a 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complel "as-built" set of transparent sepias, which shall be corrected daily and show every change from the origin; drawings and specifications and the exact "as-buili locations, sizes and kinds of equipment, underground pipin< valves, and all other work not visible at surface gradc Prints for this purpose may be obtained from the City i cost. This set of drawings shall be kept on the job ax shall be used only as a record set and shall be delivered l the Engineer on completion of the work. 15. PERMITS The general construction, electrical, and plumbing permil will be issued by the City of Carlsbad at no charge to tl contractor. The Contractor is; responsible for all othc required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price item: are for comparing bids and may vary from the actual fini quantities. Some quantities may be increased and others mi be decreased or entirely eliminated. No claim shall be mac against the City for damage occasioned thereby or for lor of anticipated profits, the Contractor being entitled on: to compensation for the actual work done at the unit prict bid. The City reserves and shall have the right, when confrontt emergencies to increase or decrease the quantities of WOI to be performed under i? scheduled unit price item or 1 entirely omit the performance thereof, and upon the decisic of the City to do so, the City Engineer will direct tl Contractor to proceed with the said work as so modified. : an increase in the quantity of work so ordered should resu: in a delay to the work, the Contractor will be given i equivalent extension of time. e with unpredicted conditions, unforeseen events, < 17. SAFETY & PROTECTION OF W3RKERS PLND PUBLIC The Contractor shall take all necessary precautions for tl: safety of employees on the work and shall comply with a: applicable provisions of Federal, State and Municipal safel e -32- laws and building codes to prevent accidents or injury persons on, about, or adjacent to the premises where t work is being performed. He/she shall erect and proper maintain at all times, as required by the conditions a progress of the work, all necessary safeguards for t protection of workers and public, and shall post dang signs warning against hazards created by such features constructicn as protruding naj-ls, hoists, well holes, a falling materials. 0 18. SURVEYING Surveying services for this project will be provided the Engineer (BSI) in accordance with the provisions Section 2-9 of the Standard Specifications. It is the Contractor's responsibility to request sur services at least two working days before such service required. Telephone notifications to the Engineer sh be followed by written confirmation ON THE DAY SERVI ARE REQUESTED. No extension of contract completion t shall be allowed for any delays caused by the Contract0 failure to give proper notification to the Engineer. The Contractor shall preserve all stakes set for lin grade, or measurement in their proper places :until authori to remove them by the Engineer. Expenses incurred in rep1 ing or resetting stakes removed or otherwise altered the Contractor without express consent of the Engineer sh a ' be borne by the Contractor. 19. TJTILITIES Utilities for the purpose of these specifications shall considered 2s including, but not limited to pipe line conduits, transmission lines , 'and appurtenances of "Pub! Utilities" (as defined in the Public Utilities Act of i State of California) or indiviaualy solely for their own I or for cse of their tenants, 'and storm drains, sanit; sewers, and street lighting. The City of Carlsbad i affected utility companies have, by a search of knc records, endeavored to locate and indicate on the Plans i utilities which exist within the lirnits of the WOI ilowever, the accuracy or completeness of the utilit: indicated on the Plans is not guarantee2. Serv: conneccions to adjacent property may or mzy not be shown the plans. It shall be the res2onsibility of the Contraci to determine the exact location and eleva:ion of q utilities and their service connections. The Contrac. shall make his/her own invescigztion as ta the locatic c .-ype, kind of materill, aae and concition of exist. 0 -33- utilities and their appurtenances and service connectior which may be affected by the contract work, and in additic he/she shall notify the City as to any utiliti appurtenances, and service connections located which ha\ been incorrectly shown on or omitted from the plans. The Contractor shall notify the owners of all utilities i least 48 hours in advance of excavating around any of tf structures. At the completion of the contract work, tl Contractor shall leave all utilities and appurtenances in condition satisfactory to the owners and the City. In tk event of damage to any utility, the Contractor shall notij the owners of the utility immediately. It is tk responsibility of the Contractor to compensate for utili4 damages. The temporary or permanent relocation or alteration ( utilities, including service connections, desired by tl Contractor for his/her own convenience shall be tl Contractor's own responsibility, and he/she shall make a: arrangements regarding such work at no cost to the City. : delays occur due to utilities relocations which were nc shown on the Plans, it will be solely the City s option 1 extend the completion date. In order to minimize delays to the Contractor caused by tl failure of other parties to relocate utilities whit interfere with the construction, the Contractor, upc request to the City, may be permitted to temproarily om. the portion of work affected by the utility. The portic thus omitted shall be constructed by the Contractc immediately following the relocation of the utility involvc unless otherwise directed by the City. All costs involved in locating, protecting and supporting I all utility lines shall be included in the price bid fc various items of work and no additional payment will made. a e 20. WATER FOR CONSTRUCTIDN The contractor shall obtain a construction meter for wate: utilized during the construction under this contract. T'hc contractor shall contact the appropriate water agency foi requirements. The contractor shall include the cost od water and meter rental within appropriate items of the proposal. No separate payment will be made. e -34- SEcZ'IoNl 10 WAGE RATES AND LABOR CODE REQUIREMENTS 0 10-1. WAGE RATES - The City Council has obtained fran the Director California Department of Industrial Relations a determination of the gene vailing rate of per diem wages and the general prevailing rate for legal hol overtime work in the locality in which said work is to be performed for eac classification, or type of worker needed. Not less than the determined rat be paid to all workers employed in the performance of the contract, pursuant tions 1770, 1773, and 1773.2 of the California Labor Code. Such rates of w on file with the Department of Industrial Blations and in the office of the are available to any interested party upon request. Attention is directed to the provisions of Sections 1774, 177: 1777.5, 1777.6 and 1777.7 of the State Labor Code, excerpt copies of which pended to the Specifications. Sections 1774 and 1775 require the Contractor Subcontractors to pay not less than the prevailing wage rates to all wrkmen 1 in the execution of the contract and specify forfeitures and penalties for fa do so. The minimum wages to be paid are those determined by the State Dirt the Department of Industrial Relations. Section 1776 requires the Contractor Subcontractors to keep accurate payroll records, specifies the contents their inspection and duplication procedures, and certain notices required Contractor pertaining to their location. 10-2. APPRENTICES - Section 1777.5 requires the Contractor or Subco employing tradesmen in any apprenticeable occupation to apply to the Joint ticeship Ccmitte nearest the site of the public works project and which & the apprenticeship program in that trade for a certificate of approval. The cate will also fix the ratio of apprentices to journeymen to be used in the ance of the contract. 0 The Contractor is required to make contributions to funds establi: the administration of apprenticeship programs if he employs registered appren journeymen in any apprenticeable trade and if other Contractors on the pub1 site are making such contributions. Information relative to apprenticeship standards, contribution: schedules and other requirements may be obtained frm the State Director of trial Relations or fran the Division of Apprenticeship Standards. 10-3. CLAVON NX AND CAEiIWiIGHT ACT --- Section 4551 of the State Goy &de specifies that in executing a public works contract with the City tc goods, services or materials, the Contractor or Subcontractor offers and a( assign to the City all rights, title and interest in and to all causes of ac may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under tl wight Act (chapter 2 cmencirq with Sec. 16700) of Part 2 of Division 7 Bushes and Professional Code, arising frm purchase of goods, services or rn pursuant to the contract or subcontract. This assignment shall beme effect the City tenders final payment to the Contractor without further acknowledgc a the parties. -35- 10-4. WORKMAN'S COMPENSATION CEEIFICATES -- Section 3700 of the Stat Code requires that every employer shall secure the payment of cmpensation bl being insured against liability to pay canpensation with one or more insurer securing a certificate of consent to self-insure fran the State Director of trial Relations. @ In accordance with this section and with Section 1861 of the Stat Code, the Contractor shall sign a Canpensation Insurance Certificate, which cluded within these specifications and suhit same to City along with the ot quird contract documents, prior to performing any work. EXCERPTS FlOl STATE OF CALIkE'RNIA LABOR CODE, applicable to this Contract: 1774. The Contractor to whom the contract is awarded, and any subcor under him shall pay not less than the specified prvailing rates of wages workmen employed in the execution of the contract. 1775. The Contractor shall, as a penalty to the state or political sub on whose behalf the contract is made or awarded, forfeit twenty-five dollai for each calendar day, or portion thereof, for each workman paid less than vailing rates as determined by the director for such work or craft in wh: workman is employed for any public work done under the contract by him or by contractor under him. The difference between such prevailing wage rates and ount paid to each workman for each calendar day or portion thereof for wh workman was paid less than the prevailing wage rate shall be paid to each wo the Contractor, and the body awarding the contract shall cause to be inserte contract, a stipulation that the proviions of this section will be cmplied w To the extent that there is insufficient noney due a Contractor all pnalties for forfeited and amounts due in accordance with this sectior accordance with Section 1813 of this chapter, and in all cases where the does not provide for a money payment by the awarding body to the Contraci awarding body shall notify, provided that in the case of a workman claiming ference between the prevailing wage rate and the amount paid him the award has first been given the notice mentioned in Section 1190.1 of the code 1 Procedure, the Division of Labor Standards Enforcement, if necessary with the ance of the awarding body, may maintain an ac:tion in any court of competent j tion to recover the penalties and the amounts due provided for herein. Suc shall be commenced not later than 90 days after the filing of a valid noticc pletion in the off ice of the county recorder in each county in which the put or some part thereof was perfod, or not later than 90 days after acceg such public work, whichever last occurs. No issue other than that of the lj of the Contractor €or the penalties allegedly forfeited and amounts due sha! termined in such action, and the burden shall be upon the Contractor to E that the penalties-and amounts demanded in such action are? not due. Out of any money withheld or recovered or both there shall first the amount due each workman and if insufficient funds are withheld or recc both to pay each workman in full the money shall be prorated among all such E (Amended by Stats. 1978, Ch 1249.) 0 2bL - 1776. (a) Each Contractor and subcontractor shall keep an accurate record, showing the nm, address, social security number, work classif straight time and overtime hours worked each day and week, and the actual E wages paid to each journeyman, apprentice, worker, or other employee employe or her in connection with the public work. (b) The payroll records enumerated under subdivision (a) shall Ix fied and shall be available €or inspection at all reasonable hours at the p office of the Contractor on the following basis: (1) A certified copy of an employee's payroll record shall available for inspection or furnished to such employee or his or her au representative on request. (2) A certified copy of all payroll records enumerated in sub (a) shall be made available for inspection or furnished upon request to a re] ative of the body awarding the contract, Division of Labor Standards Enforce the Division of Apprenticeship Standards of the Department of Industrial Rela (3) A certified copy of all payroll records enumerated in sub (a) shall be made available upon request to the public for inspection 01 thereof made; provided, however, that a request by the public shall be made either the body awarding the contract, the Division of Apprenticeship Stand the Division of Labor Standards kforcemnt. The public shall not be given a such records at the principal office of the Contractor. (c) Each Contractor shall file a certified copy of the records en in subdivision (a) with the entity that requested such records within 10 da receipt of a written request. (dl Any copy of records made available for inspection as copies nished upon request to the public or any public agency by the awarding bc Division of Apprenticeship Standards or the Division of Labor Standards Enf shall be marked or obliterated in such a manner as to prevent disclosure of vidual's name, address and social security number. The name and address Contractor awarded the contract or performing the contract shall not be ~~lr obliterated. (e) The Contractor shall inform the body awarding the contract location of the records enumerated under subdivision (a), including the st dress, city and county, and shall, within five wxking days, provide a not change of location and address. (f) In the event of noncqliance with the requirements of this the Contractor shall have 10 days in which to cmply subsequent to receipt of notice specifying in what respects such Contractor must canply with this Should noncqliance still be evident after such 10 day period, the Contractc as a penalty to the state or political subdivision on whose behalf the con made or awarded, forfeit twenty-five dollars ($25) for each calendar day, OK thereof, €or each worker,. until strict compliance is effectuated. Upon the of the Division of Apprenticeship Standards or the Division of Labor Stand forcement, such penalties shall be withheld frm the progress payments then d 37 (9) The body awarding the contract shall cause to be inserted contract stipulations to effectuate this section. Such stipulations shall responsibility for canpliance with this section on the prime Contractor. (h) The director shall adopt rules consistent with the California Records Act, (Ch. 3.5 (comnencing with Sec. 6250), of Div. 7, Title 1, Gov. I the Information Practices Act of 1977, (Title 1.8 (comnencing with Sec. 1798) Div. 3, Civ. C. ) governing the- release of such records, including the establ of reasonable fees to be charged for reproducing copies of records required sect ion. (Repealed and added by Stats. 1978, Ch. 1249) 1777. Any officer, agent, or representative of the State or any politic( division who willfully violates any provision of this article, and any contrac subcontractor, or agent or representative thereof, doing public work who negl canply with any provision of Section 1776 is guilty of a misdemeanor. 177.5 Nothing in this chapter shall prevent the employment of properly rE ed apprentices upon public works. Every such apprentice shall be paid the standard wage paid to appr under the regulations of the craft or trade at which he is employed, and s enployed only at the work of the craft or trade to which he is registered. Only apprentices as defined in Section 3077, who are in trainin apprenticeship standards and written apprentice agreements under Chapter 4 (c ing at Section 30701, Division 3, of the Labor Code, are eligible to be empl public works. The employment and training of each apprentice shall be in acc with the provisions of the apprenticeship standards and apprentice agreement vhich he is training. When the Contractor to whom the contract is awarded by the state political subdivision, or any subcontractor under him, in performing any of tk or trade, the Contractor and subcontractor shall apply to the joint apprent craft or trade in the area of the site of the public work for a certificate a€ the Contractor or subcontractor under the apprenticeship standards for the err& and training of apprentices in the area or industry affected; provided, howew the approval as established by the joint apprenticeship committee or cmittet be subject to the approval of the Adminstrator of Apprenticeship. The joint ticeship cmittee or cmittees, subsequent to approving the subject Contri subcontractor, shall arrange for the dispatch of apprentices to the Contri subcontractor in order to canply with this section. There shall be an aff duty upon the joint apprenticeship ccrranittee or comnittees administering the ticeship standards -of the craft or trade in the area of the site of the pub. to ensure equal employment and affirmative action in apprenticeship for w( minorities. Contractors and subcontractors shall not be required to submit dual applications for approval to local joint apprenticeship conmittees provil are already covered by the local apprenticeship standards. The ratio of app to journeymen who shall be employed in the craft or trade on the public worl the ratio stipulated in the apprenticeship standards under which the joint ticeship cmittee operates, but in no case shall the ratio be less than one tice €or each five journeymen, except as otherwise provided in this section. 0 2Q The Contractor or subcontractor, if he is covered by this sectic the issuance of the approval certificate, or if he has been previously ap such craft or trade, shall employ the number of apprentices of the ratio of tices to journeymen stipulated in the apprenticeship standards. Upon proper by the Contractor that he employes apprentices in such craft or trade in the all of his contracts on an annual average of not less than one apprentice five journeymen, the Division of Apprenticeship Standards may grant a cer exempting the Contractor from the 1-to-5 ratio as set forth in this sectioi section shall not apply to contracts of general Contractors involving 16 thirty thousand ($30,000) or 20 working days or to contracts of specialty Con not bidding for work through a general or prime Contractor, involving less thousand dollars ($2,000) or fewer than five working days. "Apprenticeable craft or trade," as used in this section, shall craft or trade determined as an apprenticeable occupation in accordance wi and regulations prescribed by the Apprenticeship Council. The joint appren camittee shall have the discretion to grant a certificate, which shall be su the.approva1 of the Administrator of Apprenticeship, exempting a Contractor 1-to-5 ratio set forth in this section when it finds that any one of the f conditions is met: (a) In the event unemployment for the previous three-month period area exceeds an average of 15 percent, or (b) In the event the number of apprentices in training in such ceeds a ratio of 1 to 5, or (c) If there is a showing that the apprenticeable craft or tradc placing at least one-thirtieth of its journeymen annually through appren training, either (1) on a statewide basis, or (2) on a local basis, or a (dl If assignment of an apprentice to any work performed under works contract would create a condition which would jeopardize his life or t safety, or property of fellow employees or the public at large or if the task to which the apprentice is to be assigned is of such a nature that cannot be provided by a journeyman. When such exemptions are granted to an organization which re Contractors in a specific trade from the 1-to-5 ratio on a local or statewi the member Contractors will not be required to suhit indivimal applicat approval to local joint apprenticeship cmittees, provided they are already by the local apprenticeship standards. A Contractor to whom the contract is awarded, or any subcontract him, who, in performing any of the work under the contract, mploys joum apprentices in any apprenticeable craft or trade and who is not contribut: fund or funds to administer and conduct the apprenticeship program in any SL or trade in the area of the site of the public work, to which fund or fun Contractors in the area of the site of the public work are contributing, sh tribute to the fund or tunds in each craft or trade in which he employs jourr a 7n apprentices on the public work in the same amount or upon the same basis an( same manner as the other Contractors do, txlt where the trust fund administra unable to accept such funds, Contractors not signatory to the trust agreemei pay a like amount to the California Apprenticeship Council. The Contractor contractor may add the amount of such contributions in cmputing his bid contract. The Division of Labor Standards Enforcement is authorized to enf payment of such contributions to the fund or funds as set forth in Section 22 The body awarding the contract shall cause to be inserted in the stipulations to effectuate this section. Such stipulations shall fix the ibility of ccanpliance with this section for all apprenticeable occupations prime Contractor. All decisions of the joint apprenticeship cornnittee under this sec subject to the provisions of Section 3081. 1777.6 It shall be unlawful for an employer or a labor union to refuse t otherwise qualified employees as registered apprentices on any public works ground of the race, religious creed, color, national origin, ancestry, sex, except as provided in Section 3077, of such employee. (Amended by Stats. 1 1179. Effective September 22, 1976.) 1777.7 (a) In the event a Contractor willfully fails to ccmply with th sions of Section 1777.5, such Contractor shall: (1) Be denied the right to bid on any public works contra( period of one year from the date the determination of cmpliance is mad< Administrator of Apprenticeship; and (2) Forfeit as a civil penalty in the sum of fifty dollars ( each calendar day of noncompliance. Notwithstanding the provisions of Secti upon receipt of such a determination the awarding body shall withhold frm prcgress payments then due or to become due such sum. (b) Any such determination shall be issued after a full investig fair and impartial hearing, and resonable notice thereof in accordance wit2 able rules and procedures prescribed by the California Apprenticeship Council (c) Any funds withheld by the awarding body pursuant to this secti be deposited in the General Fund if the awarding body is a state entity, o equivalent fund of an awarding body if such awarding body is an entity other state. The-interpretation and enforcement of Sections 1777.5 and 1777.7 in accordance rith the reules and procedures of the California Apprenticed cil. a SECTION 11 CONSTRUCTION DETAILS & MATERIALS a 11-01. DESCRIPTION OF WORK -- The work to be done consis of clearing and grubbing, roadway excavation, installation storm drain, sanitary sewer, water main, underground utilitic and the respective appurtenances for these systems: installat: of curb, gutter, sidewalk, driveways, asphalt concrete pavemer landscaping, and miscellaneous construction and other surf; improvements required by the plans and specifications for City Carlsbad Contract No. 3135. 11-02. FLOW AND ACCEPTANCE OF WATER -- It is anticipat that storm, surface or other waters will be encountered various times during the work herein contemplated. The Cc tractor, by submitting a bid, acknowledges that he has invesl gated the risk arising from such waters and has prepared his 1 accordingly, and Contractor, by submitting a bid, assumes all said risk. 11-03. REMOVAL OF WATER -- The Contractor shall provide ( maintain at all times during construction ample means and devic to promptly remove and properly dispose of all water entering excavations or other parts of the work. No concrete footing floor shall be laid in water nor shall water be allowed to r over them until the concrete or mortar has set at least eight hours. 0 Disposal of water from de-watering operations sh( be the sole responsibility of the Contractor. Disposal methi shall conform to the Porter-Cologne Water Quality Control Ai 1974, the Federal Water Pollution Control Act Amendments of 19 and the California Administrative Code, Title 23, Chapter 3. Full compensation of de-watering shall be conside as included in the contract prices paid for the related items work, and no additional compensation will be allowed therefor. 11-04. PERMITS AND FEES -- The Contractor shall obtain pay for any construction or license fees required to perform work. The cost of such construction or license fees shall considered as included in the various applicable items of wo and no additional allowance will be made therefor. 0 -Al- 11-05. TRENCH SAFETY AND SHORING OF EXCAVATION -- In accor ance with Section 6500 of the Labor Code, the Contractor is r quired to obtain a permit for the excavation or trench which five feet or more in depth and into which a person is required descend, from the Division of Industrial Safety. a The Contractor shall furnish all labor, equipmen and materials required to design, construct, and remove a sheeting, shoring and'bracing or other equivalent method support for the walls of open excavations required for t construction of this project. Excavation for any trench or structure five (5) fe or more in depth shall not begin until the Contractor has z ceived approval, from the Engineer, of the Contractor's detail plan for worker protection from the hazards of caving grow Such plan shall be submitted at least five (5) days before t Contractor intends to begin excavation and shall show the detai of the design of shoring, bracing, sloping or other provisions be made for worker protection during such excavation. No such plan shall allow the use of shoring, slopi or a protective system less effective than that required by t Construction Safety Orders of the Division of Industrial Safe and if such plan varies from the shoring system standards E tablished by the Construction Safety Orders, the plan shall prepared and signed by an Engineer who is registered as a CiT or Structural Engineer in the State of California. Prior to the beginning of excavations requiring shc ing, the Contractor shall designate in writing to the Enginc someone whose responsibility it is IC0 supervise the project sa: ty measures and someone whose responsibility it is to superv the installation and removal of sheeting, shoring, and bracing In addition to shoring the excavations in accordai with the minimum requirements of the Industrial Safety Orders, shall be the Contractor's responsibility to provide any and 4 additional shoring required to support the sides of the exca! tion against the effects of loads which may exceed those deri? by using the criteria set-forth in the Industrial Safety Orde The Contractor shall be solely responsible for a damages which may result from his failure to provide adequ shoring to---support the excavation under any or all of the c ditions of loading which may exist, or which may arise during construction of the project. Full compensation for all labor, materials, equ ment, machinery, rentals, and all incidental work required comply with these provisions shall be considered to be inclu in the lump sum price bid for sheeting, shoring, and bracing, no additional compensation will be allowed therefor. e a -42- 11-06. CLEARING AND GRUBBING -- Clearing and grubbing shal conform to Section 300-1, "Clearing and Grubbing," of the Stanc ard Specifications and these Special Provisions. 1) The Contractor shall dismantle, remove, and dis pose of all structures, pavement, landscapin< trees, fences, concrete slabs, and all othc items marked for removal on the constructic plans or otherwise located within the projec limits. 2) The Contractor shall cut any interfering irr gation lines and relocate, replace, or cap thc as directed by the Engineer. 3) The Contractor shall remove and transport debr and rubbish in a manner that will prevent spil age on streets or adjacent areas. Clean up ( spillage will be at the Contractor's expense. 4) All material removed from the site shall be di posed of at the Contractor's expense at a si approved by the Engineer. Proposed dumpsi locations shall be presented at the preconstru tion conference. Payment for the bid item of Clearing and Grubbi shall include full compensation for furnishing all lab0 materials, tools, equipment, fees, and incidentals, and for doi all the work involved in Clearing and Grubbing as shown on t Plans and as specified in these Specifications and Special Pr visions, or as directed by the Engineer, including disposal all resulting materials. a 0 11-07. UNCLASSIFIED EXCAVATION -- Unclassified excavati shall be in accordance with the provisions of Section 300-2 the Standard Specifications and these Special Provisions. 1) Suitable material removed as a result of gradi operation shall remain on the site and be ut lized by the Contractor for the construction fills and embankments. -_ -21 Fills and embankments shall conform to the pr visions of Section 300-4 of the Standard Spec f icat ions. e -41- 3) All excess material riot used on the project foi fills, embankments, or roadbed purposes shall be disposed of by the Contractor according to Sub- section 300-2.6 of the Standard Specifications. a 4) Several adjacent property owners have expressel interest in receiving export material from thi project. ~ It will be the sole responsibility o the Contractor to contact, coordinate, or other wise arrange with local property owners should h elect to dispose of material on these sites. A1 permits, testing, and control requirements of th City of Carlsbad must be adhered to in the stock piling or placement of this material. Any cost incurred in this or related activities wit regard to disposal of excess material shall b borne by the Contractor and no additional corn pensation will be allowed therefor, 5) The Contractor shall file with the Engineer th written consent of the owner of the property up0 which he intends to dispose of excess material. The quantities of Unclassified Excavation used fc payment, other than additional work ordered by or deleted by tl Engineer, shall be the quantity indicated in the Proposal fc this project and no increase or decrease in this amount will 1 allowed whether or not the actual amount required to complete ti project was less or greater than the amount indicated in sa: proposal. 0 11-08. STRUCTURE EXCAVATION AND BACKFILL -- Structure e cavation and backfill shall conform to Section 300-3, "Structu Excavation and Backfill," of the Standard Specifications a these Special Provisions. Note: All backfill materials shall be approved the Soils Engineer prior to being placed. Full compensation for structure excavation and bac fill shall be considered as included in the contract prices pa for the related items of work, and no additional compensati will be albqwed therefor. 0 AA, 11-09, CLASS 2 AGGREGATE BASE (3/4-Inch Maximum) -- Shal conform to the following specifications: Class 2 aggregate bas free from deleterious matter and of such nature that it can b compacted readily under watering and rolling to form a fir stable base. The coarse material (Material retained on a No. sieve) shall consist of material of which at least 25% by weigh shall be crushed particles as per California Test 205. The percentage composition by weight of aggregat base shall conform to the following grading when determined b Test Method California 202, modified by Test Method Californi 905 when there is a difference in specific gravity of 0.2 or mor between the coarse and fine portion of the aggregate or betwee blends of different aggregates. e SIEVE SIZES PERCENTAGE PASSING, 3/4" Max. 100% No. 4 30-603 No. 30 5-38% No. 200 0-12% 1 'I 3/4 'I 87-100% The aggregate base shall also conform to tk following quality requirements: TEST REQUIREMENTS Resistance (R-value), CA 301 78 Min.* Sand Equivalent, CA 217 28 Min. Durability Index, CA 229 35 Min.** Placement shall conform to Section 301 of the Standai Specifications. a * The R-value requirement may be waived provided the indivic ual test result of the aggregate base conforms to the spc cified grading and durability and has a Sand Equivalent ( 35 or more except that the R-value requirement will not I waived for aggregates which have been treated with 1imc cement, or other chemical material. ** The aggregate shall not be treated with lime, cement, t other,chemical material before the Durability Index Test performed. Payment for Class 2 Aggregate Base will be at t price per ton bid which shall include full compensation for fu nishing all labor, materials, tools v equipment, incidentals, a for doing all work involved in placing the base as called for these Special Provisions, as shown on the plans, or as direct by the Engineer. a -A'=.- 11-10. ASPHALT CONCRETE -- Shall conform to Sections 302- and 404-4 of the Standard Specificatj-ons. e Asphalt concrete shall be 111-B3-AR 4000 base course 111-C3-4000 surface course for street paving and overlay, ar lll-D2-AR-8000 for asphalt concrete berm. Tack coat shall conform to the requirements of Sec tion 302-5.3 of the Standard Specifications. Tack coat shall t Type SS-lh emulsified asphalt. No prime coat is required. All asphalt concrete surfaces shall be sand sealec Payment for 3" asphalt concrete pavement and feather will be pt ton for asphalt concrete installed w:ithin the limits shown on tl plans, Payment for asphalt concrete berm will be per linear foc of berm installed within the limits shown on the plans. Paymei for 2" asphalt driveway shall be by the square foot complete ai in place including all preparatory work, and no additional COI pensation will be allowed therefor. The prices shall inclul full compensation for all asphalt concrete materials, all labo tools, and equipment, and for doing all work involved in placi asphalt concrete as above specified. 11-11 PORTLAND CEMENT CONCRETE -- Portland cement concre shall conform to Section 201-1, "Portland Cement Concrete 201-1.2.1, "Portland Cement," of the Standard Specifications a these Special Provisions. ' Full compensation for Portland Cement Concrete sha be considered as included in the contract prices paid for t related items of work, and no additional compensation will allowed therefor, 11-12. REINFORCEMENT STEEL -- Reinforcement steel sha conform to Section 201-2, "Steel Reinforcement for Concrete," the Standard Specifications and these Special Provisions. Full compensation for reinforcement steel, weld wire mesh and stucco wire shall be considered as included in t contract prices paid for the related items of work, and no add tional compensation will be allowed therefor, e -AG- 11-13. EXPANSION JOINT FILLER, JOINT SEALANTS AND CURIN COMPOUND -- Expansion joint fillers and sealants shall conform t Section 201-3, "Expansion Joint Filler and Joint Sealants," o the Standard Specifications and these Special Provisions. A1 concrete flat work shall be uniformly sprayed with "Hunts White or an approved alternate. Full compensation €or expansion joint filler, join sealants, and curing compound shall be considered as included i the contract prices paid for concrete work, and no additiona compensation will be allowed therefor. e 11-14. REINFORCED CONCRETE PIPE -- Construction of stor drains shall conform to Section 207-2, "Reinforced Concret Pipe," and Section 306-1, "Open Trench Operations," of tk Standard Specifications and these Special Provisions. A) Reinforced concrete pipe shall have a I'D" loadir as shown on the plans;. B) Pipe bedding and trench backfill shall conform t San Diego Regional Standard Drawing D-60.1 ar the trench resurfacing shall conform to San Die$ Regional Standard Drawing G-24.1, Type B. C) The Contractor shall protect and maintain tk serviceability of the existing storm drains. A damage to these structures or their appurtenancl will be repaired at the Contractor's expense. e The contract price paid for storm drains shall i clude full compensation for furnishing all labor, material: tools, equipment, and incidentals, including all trench resurfa ing and reinforcement steel, and for doing all the work requir to install the pipes and connections to structures as shown the Plans and as specified in the Standard Specifications a these Special Provisions. 11-15. MISCELLANEOUS 'CONCRETE STRUCTURES -- M i s c e 1 1 a ne o concrete structures shall conform to Sections 201-1 and 303 the Standard Specifications. Miscellaneous structures inclu concrete m-anholes, pipe collars, cross gutter, handicap ram€ curb, gutter,- and sidewalk, driveways, drainage structure thrust blocks, and all other concrete items indicated on t Plans. 0 -47- Manhole covers and frames, reinforcing stee: doweling, excavation, backfill, and compaction are considered i part of the cost of miscellaneous concrete structures and r additional compensation will be allowed therefor, Concrete fc miscellaneous concrete structures shall be 564-C-3000 unles otherwise specified on Plans or specified Regional Standat Drawings . Structure excavation and backfill shall conform 1 Section 300-3 of the Standard Specifications Backfill materi( shall be approved by the Soils Engineer. a Manholes and valve covers shall be raised to fini grade as required. The Contractor shall take proper precautio to prevent damage from occurring to manholes during his oper tions, and shall exercise necessary caution to prevent debr from falling into manholes and/or entering pipe systems. A existing sewers and sewer laterals shall remain operative at a times Adjusting sewer manhole and water valve covers grade shall conform to Section 301-1.6, "Adjustment of Frame a Cover Sets to Finish Grade,'' of the Standard Specifications a the City Standards. Full compensation for adjusting manholes and val covers to grade shall be considered as included in the contra prices bid for individual items, and no additional compensati will be allowed therefor. e Payment will'be made for concrete items as shown the Bid Proposal, which shall include full compensation f furnishing all labor, materials, tools, equipment, incidental and for doing all work involved in constructing the concre structures in place as shown on the Plans and called €or in the Special Provisions. 11-16. ASBESTOS CEMENT WATER MAIN AND FITTINGS -- +I Standard Plans and Specifications for Costa Real Municipal Wat District, December 1982, are hereby made a part of these Specj Provisions. Materials. Asbestos cement water main shall confc to the requ-irements of AWWA Std. C-400, "Asbestos Cement Dist bution Pipe . . ." and shall be Class 150, 525 lb. test, UNL otherwise noted. Pipes shall be of nominal diameter as indica on the Plans. e -48- Fittings shall be of cast iron material with "Rin Tite" or equal rubber gasketed joints or flanged joints as spec fied in the plans. Fittings shall conform to the requirements AWWA Std. C-110 and C-111. Fittings shall include all rubb gaskets, cadmium plated no oxide gre,ase bolts and nuts, and 0th incidentals necessary for construction. 0 Valves shall be C509-80 resilient-seated gate valv meeting Costa Real Municipal Water District Standards. Valv shall have a 2" operating nut which opens the valve when turn counterclockwise. Valves shall have joint ends as specified the Plans. All valves shall include a valve box as detailed Supplemental Drawing CRMWD-5. Installation. Asbestos cement water main, fitting and valves shall be constructed in accordance with AWWA St C603, "Installation of Asbestos Cement Pressure Pipe." Pi shall be placed in the prepared trench bottom including coupli holes. Pipe shall not be placed on earth mounds. Pipe shall laid with a cover between the top of the pipe and the finish pavement surface of 36", exept as required to clear existi utility interference by a minimum clear distance of 12". T minimum cover of the pipe shall be 36". Pipe bedding and trench backfill shall conform to S Diego Regional Standard Drawing W-21.1. The pipe shall be la on 4-inch minimum sand bed or approved native material with sa equivalent of 30 or more.' The backfill material for the pi zone shall be sand or native material free from stones, clod and other deleterious material. All fittings shall be encas with 6" of neutral sand. e All fittings and valves shall be adequately anchor to resist a static water pressure of 110 psi and a maximum wat pressure of 170 psi. Thrust blocks shall be constructed p CRMWD-6. Payment. All labor, material, equipment and incide tals required to procure, construct, and install the asbest cement water main shall be paid for at the per foot price quot in these contract documents. This payment will be consider full compensation for constructing ALL of the system and i appurtenances, complete and in place, including but not nece sarily limited to trenching, pipe, fittings, valves, connecti to existing system, thrust blocks, bedding, backfill, chlorir tion, testing, temporary surfacing, permanent surfacing, traff control, clean-up, and all other work required to complete t system except for the following items which will be separate paid for: Bid Item 12, Standard Fire Hydrant Assemblies; E Item 13, Manual Ai.r Release Assemblies; Bid Item 14, Blowc Assembly with Guard Post; and Bid Item 15, 1" Water Met Services. 0 *A 11-17. STANDARD FIRE HYDRANT ASSEMBLY -- The Contract shall construct fire hydrant assemblies per Supplemental Drawi CRMWD-3 with 6" A.C.P. lateral, 6" gate valve, fire hydrant, a thrust block. The fire hydrant shall be set at the corre elevation behind existing curb face or proposed curb face indicated on Supplemental Drawing W-10 or W-11.1 (SDRSD). T fire hydrants shall be residential type located at the statio indicated on the Plans. e Fire hydrants shall conform to the requirements AWWA C503, "Wet Barrel1 Fire Hydrants." Outlets shall ha National Standard Fire Hose Coupling screw threads (A-SA-B26 Each fire hydrant shall be marked with a blue 2-way Stimsoni Life Lite per Supplemental Standard GS-12. Payment. All labor, material, equipment, and i cidentals required to procure, construct, and install the fi hydrants and markers shall be paid for at the per unit pri quoted in these contract documents. This payment shall considered full compensation for constructing the fire hydran complete and in place, and no additional compensation will allowed therefor. 11-18. WATER METER SERVICES -- The Contractor shall co struct water meter service laterals per CRMWD-1 at locations a required sizes indicated on the plans. Water meter servic shall be complete and ready to receive City-supplied wat meters. The contractor shall be responsible for providing a installing all water meter boxes. The City shall supply a connect all water meters. @ Payment. All labor, material, tools, and equipme required to procure, construct, and install the water met services shall be paid for at the per unit price quoted in the contract documents. This payment shall be considered full co pensation for constructing the water meter services complete a in place, and no additional compensation will be allowed ther for. ._ -- -50- 11-19. COMPACTION TESTS -- Laboratory maximum density tes Field density tests will be made by the Engine during the course of construction at the expense of the City z shall be performed in accordance with Section 211-2.2 and 211-2 of the Standard Specifications. All grading and trench backfj operations will be tested. shall be per Section 211-2.1 of the Standard Specifications. a If field density tests indicate that any portion the compacted fill has density lower than specified, the Cc tractor shall rework that portion until the specified denstiy attained. Retest of areas which have failed the compaction tes will be performed by the Engineer at the Contractor's expense. 11-20. TESTING PIPELINE -- Testing the pipeline shall cc form to the Standard Specifications for testing and sterilizi outlined on pages 19 & 20 of the CRMWD Standard Plans and Spec f icat ions, December 1982. Full compensation €or testing the sewer line a water line shall be included in the contract prices paid for t related items of work, and no additional compensation will allowed therefor. 11-21. PERMANENT RESURFACING -- The Contractor shall perfc his excavation in such manner to minimize the width of trenc The removal of existing pavement shall be by sawcutting or otk method to produce a straight, clean joint between the axisti pavement and trench resurf acing. Trench resurfacing shall cc form to San Diego Regional Standard Drawing G-24.1, Type B, E G-25.1, Type C. e Full compensation for resurfacing shall be incluc in the contract prices paid for the related items of work, and additional compensation will be allowed therefor. -_ ~- e -51- 11-22. DISINFECTION -- All constructed facilities shall tc disinfected in accordance with AWWA C-601. Disinfecting agen shall be introduced in a liquid solution of a concentratio equivalent to 50 ppm. All internal surfaces of the wate facilities shall be in contact with the solution for at least 2 hours. A minimum residual measurement of 10 ppm shall remain i all parts of the line after 24 hours has elapsed. The chlorir solution shall then be flushed through the system to a lev€ equal to the public system. The Contractor shall have a State certified laboratory perform bacteriological tests on all sample taken as directed by the Engineer. All samples must indica4 five tubes negative for two consecutive days. If any test indicate contamination, that section of pipe shall be flushed i a minimum scouring velocity of 2.5 feet/second to clean the ma. and the disinfection procedure repeated until satisfactory tesi occur. All material, labor, equipment, and methods to flus disinfect and test €or bacteriological contamination, and a material, labor, and equipment to repair and replace defecti construction shall be paid for in the related items of work, a no additional compensation will be allowed therefor. e 11-23. SEWER PIPE AND INSTALLATION -- PVC sewer pipe sha conform to Section 207-17, and VCP sewer pipe shall conform Section 207-8 of the Standard Specifications. All pipe shall installed in accordance with Section 306-1.2 of the Standa Specifications and these Special Provisions. 0 1) Pipe bedding and backfill shall conform to SDF s-4.1, 2) 8" capped sewer line shall extend to the priva property lines indicated. 3) All VCP shall be bell-type pipe. 4) VCP to PVC laterals shall be coupled with a 6" 4" bell reducing donut similar to that manufi tured by Ferno Joint. Sealer Company. 5) Any sewer lines, septic lines, or other intc fering portions of possible existing systc shall be removed or capped as directed by t Engineer. -- -_ 6) All sewer pipe shall be air tested in accordai with Section 306-1.4.4 of the Standard Spel f ica tions . 0 -52- Payment. All labor, material, equipment, and i cidentals required to procure, construct, and install sewer mai shall be paid for at the per foot pirice quoted in these contra documents. This payment will be considered full cornpensation f constructing ALL of the system and its appurtenances complete a in place, including but not necessarily limited to trenchin pipe, fittings, incidental concrete,, bedding, backfill, testin temporary surfacing, permanent surfacing, traffic control, clea up, and all other work required to complete the system except f the following items which will be separately paid for: Bid It 19, 4" PVC Sewer Laterals; Bid Item 20, Sewer Manholes; and B Item 21, Sewer Cleanout. e 11-24. SEWER LATERALS -- Each sewer lateral shall be co nected to the new sewer line using PVC fittings and couplings p San Diego Area Regional Standard Plan S-13 or S-14. Sewer laterals shall extend to the private proper lines indicated. Full compensation for furnishing all labor, mater als, tools, and equipment, and for doing all work necessary constructing sewer laterals shall be considered as included the contract price paid for 4" sewer laterals, and no addition compensation will be allowed therefor. 11-25. SAWCUT, REMOVAL, AND REPLACEMENT OF EXISTING ASPHA e CONCRETE PAVEMENT --Existing roadway surfaces shall be sawc approximately six inches wider than trench width on each side a six inches beyond the edge of the cut for manhole constructi where shown on the Plans. This work shall conform to Secti 300-1 of the Standard Specifications. Disposal of concrete arid asphalt concrete paveme shall be the sole responsibility of the Contractor. Replaceme shall conform to San Diego Regional Standard G-25.1, Type D. of concrete and asphalt concrete pavement shall be considered included in the unit prices bid for various items of work, and additional compensation will be allowed therefor. Full compensation for sawcut, removal and replaceme -.. -_ a -5?- - 11-26. TRAFFIC REQUIREMENTS -- 'The Contractor may close on that portion of road that he can !complete within one "workii day" (see 7-10, "Public Convenience and Safety). At the COI pletion of each working day, the Contractor shall open the roc to public traffic and access. AI1 open trenches shall ha7 temporary asphalt and concrete resurfacing at the end of eat working day. Full compensation for traffic control shall t considered as included in the unit prices bid €or the varioi items of work, and no 'additional compensation will be allowc therefor. 0 11-27. TEMPORARY RESURFACING --- Temporary resurfacing sha conform to Section 306-1.5 of the Standard Specification "Trench Resurfacing p'' and also shall conform to "Work Ar Traffic Control Handbook (WATCH)." All trenching within existi roadways shall be temporarily surfaced at the end of each wo day. Full compensation for trench resurfacing shall included in the contract price paid for the related items work, and no additional compensation will be allowed therefor. 11-28. TREE PLANTING, MAINTENANCE, AND GUARANTEES -- Pla materials indicated on the plans and herein specified shall cc form to the following: 1. Condition. Plants shall be in accordance WI the California Department of Agriculturc regulation for nursery inspections, rules, 2 grading, and shall be symmetrical, typical 1 variety and species, sound, healthy, vigorot free from plant disease, insect pests, or tht eggs. Plants shall not be pruned prior delivery, except as authorized by the City. 2. Size. Plant sizes will correspond with tk e normally expected for species and variety commercially available nursery stock, or specified in the drawings. The minimum acce] able size of all plants, measured before prun with the branches in normal position, sht -_ conform with the measurements, if any, specif on the drawings in the list of plants to be f nished. Plants larger in size than specified be used with the approval of the City Landsc Architect, but the use of larger plants will m no change in contract price. -- 0 -54- 3. All plants not conEorming to the requiremen herein specified shall be considered defectiv and such plants, whether in place or not, sha be marked as rejected and immediately remov from the site of the work and replaced with n plants at the Contractor's expense. The plan shall be of specie, variety, size and conditi specified on the drawings. Under no conditi will there be any substitution of plants or siz for those listed on the accompanying plans exce with the expressed consent of the City's repr sentative. e Protection and Storaqe. All plants at all tim shall be handled and stored so that they are adequately protect from drying out, from wind burn, or from any other injury. Tree Plantinq. Excavation for planting shall inclu the stripping and stacking of all acceptable topsoil encounter within the areas to be excavated for trenches, tree holes, pla pits, and planting beds. Trees shall be planted and staked g City of Carlsbad Supplemental Standard GS-8. The Engineer shall spot all trees prior to plantin It is the Contractor's responsibility to notify the Engineer t working days in advance of planting operations to verify t exact number and location of tree plantings. No more plants shall be distributed in the plant: e area on any day than can be planted and watered on that day. Plants shall be planted and watered as herc specified immediately after the removal from the container Containers shall not be cut prior to placing the plants in 1 planting area. Acceptable topsoil which was excavated during t digging of planting holes may be used for backfill. Backfill r for all container plants shall consist of the following: 1 part by volume ammoniated redwood shavings 2 parts by volume on-site soil 17 lbs. "Gro-Power" per cubic yard of backfill mix. -_ -- e -55- Planting shall be governed by the following require- 1. A layer of prepared soil mix shall be deposite at the bottom of each hole and thoroughly corn pacted to a height that when a plant is placed i the hole, its root crown is slightly above th established final grade. Any plants which settl deeper than specified above shall be raised bac to the correct level,, e ments: 2. After the plant has been placed, additional bacl fill shall be added to the hole to cover approx: mately one-half the height of the root ball. I this stage, water shall be added to the top ( the partly filled hole to thoroughly saturate tl root ball and adjacent soil. A root contrc planter shall be installed at every tree. 4 gravel shall not be required. 3. After backfilling, an earthen basin shall 1 constructed around each plant. Each basin sha be of a depth sufficient to hold at least s. inches of water. Basins shall be 36" in diametc and shall be constructed of amended backfi. material. Immediately after planting, apply water to ea tree and shrub by means of a hose. Apply wat in a moderate stream in the planting hole unt the material. around the roots is complete saturated from the bottom of the hole to the t of the ground. Apply water in sufficient quantities and as oft as seasonal conditions require to keep t planted areas moist at all times, well below t root system of plants. Generally, water on each day for seven days in cool seasons and f 14 days in hot weather. 0 Maintenance and Plant Establishment. Maintain tre for sixty -(.60) calendar days after all planting is complete 2 approved by the City, and evidence of such satisfaction has be received in writing. Work to maintain trees includes: 1. Keeping all trees and tree wells watered and wc free at all times during the maintenance perioc 0 -56- 2. Replacing immediately any plant material damag 3. Install and maintain support as required to r during the maintenance period. 0 tain trees in an upright position. 4. Water for planting, maintenance, and plant e tablishment shall be furnished by Contractor conformance with Section 7-8.5 of the Standa Specifications. Replacements and Guarantee. At the end of the mai tenance period, all plant material shall be in a healthy, growi condition. During the maintenance period, should the appearan of any plant indicate weakness and probability of drying, immee ately replace that plant with a new and healthy plant of the sz type and size without additional cost to the City. All trees shall be guaranteed by the Contractor live and grow in an acceptable upright position through the ( day maintenance period. Measurement. Measurement of street trees shall be the unit price. Ground Cover. Ground cover shall be placed by hyd seeding. The Contractor shall provide a selection (3 minimum) native type seed mix and mulch design €or the Engineer's appro1 at the pre-construction conference. e Payment. Payment €or street trees shall be by ' unit installed including maintenance considerations. Payment hydroseeding shall be by the square foot. The contract pric €or landscape items shall be considered full compensation furnishing all labor, materials, tools, equipment, and incidc tals, and for doing all the work involved in completing thc items, and no additional compensation will be allowed therefor -_ -- e -57- - 11-29. CONTINUOUS BARRICADE, STREET SIGNING & STREET LIGHTS The continuous barricade shall be per SDRSD M-9. The street signs at Basswood (3 each) shall be ir e stalled by City forces and are not part of this contract. Street lights shall be 100-watt high pressure sodit cobra head lamp (95 lumens) on a 30' precast concrete standai with a hand hole at the base stamped "Street Light" per SDR: E-1. Each of these items shall conform to the specific; tions included in the Appendix. The contract unit prices quot for these various items shall be considered full compensation fl furnishing all labor, materials, tools, equipment, and i cidentals, and for doing all the work involved in providinc constructing, and/or installing each of these items complete a in place, and no additional compensation will be allowed ther for. 11-30. FENCING -- Chain link fence installed on this j shall conform to Section 206-6 of the Standard Specifications a these Special Provisions. 1) All new fence runs shall be 42" chain link. 2) Fencing shall be installed in such a manner as e provide continuous fencing with existing conti uous fences. 3) A 10 foot wide chain link double swing gate w: latching apparatus shall be installed at ee driveway opening at new or relocated fence : stallations. Existing fences that are not wit1 the street right-of -way or not otherwise marE for relocation will not get gates. 4) Interfering fencing may be dismantled, store and reinstalled only on written approval of i property owner and the Engineer. Any such fe that is removed shall be replaced in a workm -_ -- like manner and be left in a condition that acceptable to both the Engineer and the prope owner. Any costs associated with operatic involving such fencing will be the responsibil of the Contractor alone and no payment will made for this or related activities. e -c;Q- -Payment for fencing shall be by the lineal foot ir stalled, including corner posts and all appurtenances. Paymer for chain link gates shall be by the unit installed, Payment fc chain link items shall be considered full compensation for fur nishing all labor, materials, toolsI equipment, and incidental and for doing all the work involved in providing, constructinc and installing the fence complete and in place, and no additiona compensation will be allowed therefor. e Payment for reconstructing existing wooden fencir shall be by the lump sum quoted for the complete and in plac reconstruction, and no additional compensation will be allowe theref or. 11-31. UNDERGROUND FACILITIES --(SDG&E) An agreement hi been made and entered into between San Diego Gas & Electr. Company, a Corporation, hereinafter called "Utility," and tl City of Carlsbad, hereinafter called applicant. The Contractor for this project is responsible fc all work and material required by the applicant. Under provisions of Electric Extension Rule 15.1, tl trench, excavation, backfill, and conduit for S.D.G.& E. ai furnished and installed by the Contractor. Specifications givii details for the installation of those facilities are enclose1 The electric trench will be used for joint installation of gal telephone and cable T.V. facilities. To comply with this agre ment, the trench must meet the standards for joint gas and ele tric installation as outlined in the enclosed Construction Sta dard Documents (3370.1, 3370.2, 3370.3, 3370.4, and 3370.5) a as shown in Carlsbad Standards GS-6. e 1. All work performed by the applicants pursuant this agreement shall be in conformity with t General Conditions and the Specifications a tached hereto and the S.D,G.& E. Electrical Pla The Utility shall furnish underground electr service to the premises shown in the Specific tions and Plan, and upon completion of the wo specified herein. 2. Applicants will, in conformity with the contra -_ documents as defined in the General Conditior furnish and install the material, and facilitic and perform the work indicated below by a chc mark. -- [X] Excavation, backfill, and compaction, [XI Conduits. e -59- 3. Pacific Telephone Company requires the applican to provide conduit, size and location shown o the drawing enclosed herein. Most of the condui will be in a joint t.rench. Place pull ropes a required, 4. Cable vision will install conduit jointly in th trench upon notification from the Contractor Call 438-0633 48 hours before requirin constuction. e 5. Utility shall notify applicants, in writing, c final acceptance of t.he work specified herein, 6. San Diego Gas & Electric Company, besides thei normal utility work for the project, shall ir stall a new gas line jointly in the undergrour electrical facilities trench. The contractc shall cooperate with the collateral constructic and conform to Section 7-7 of the Standard Specj fications. The Contractor shall be responsible for contactir S.D.G. & E, markout service (1-800-422-4132) prior to excava'tir in the vicinity of gas & electric facilities. Should the Contractor cause any infractions in exisl ing overhead or underground electric or gas facilities, all WOI done by S.D.G.& E. to correct that infraction will be paid for 1 the Contractor, Attention is directed to the trenching notif icatic procedure and time limit for starting work set forth in tl Appendix. Written notice two weeks in advance of the proposc trenching start date is to be given only after the Engineer h( been notified in writing by S.D.G.& E. that trenching may begii Work must begin within 60 days. Full compensation for furnishing and installil underground facilities will be considered as included in the lui sum paid as shown in the Bid Proposal, which shall include fu compensation for furnishing all labor, materials, tools, equi ment, incidentals, and for doing all work involved in installi underground-facilities -* per the Plan and Specifications. o 0 -cn- (Pacific Bell) An agreement has been made and ente ed into between Pacific Bell, a Corporation, herein call "Pacific" and the City of Carlsbad, herein after called appl cant. a The Contractor for this project is responsible f all work and material required by the applicant. conditions: The applicant hereby agrees to the followi 1. The applicant shall provide positions in tren and will place substructures for Pacific's use specified in the attached drawings 1 6, 2 Pacific's job number DB(28)7176S. The cover over telephone facilities must be accordance with the specifications on Pacific attached drawings. Minimum cover in all cas should not be less than 24" below finish gra unless otherwise specified on drawings. 2. The applicant shall excavate, backfill and co pact the trench in accordance with the specific tions of the City or County that has jurisdicti over the project. 3. The applicant shall notify Pacific at (61 586-3813, at least fifteen (15) working days advance of starting trenching so that Pacific m coordinate the placing of its facilities wi other operations. a 4. In order to prevent damage to Pacific's facil ties, the applicant shall provide supervisi over and coordination between the vario contractors working within the project until sa facilities are ready for service and tested Facific. It is recommended, in order to reduce the poss bility of damage to Pacific's facilities, th the placement of these facilities be deferr until sewer and water utilities have complet their ins tallat ion. -_ -- a -6 1- 5. Provide conduit (1'' Schedule 40 Standard - equipped with pull line) as the underground supporting structure and trench for service connection facilities within the interior bounda- ries of all lots, from property line to the riser protection conduit at the foundation, at no cost to Pacific. Conduits must be placed and sized as shown on Attachment A. a 6. Applicant shall perform all the work specified hereunder and any amendments hereto in a good and skillful manner and the work shall be free froxr faulty or defective workmanship. All material furnished by applicant shall be free from de- fects. Applicant shall immediately, upon notifi- cation from Pacific, remedy, repair or replace without cost to Pacific and to the satisfactioi of Pacific's representative, and to the satis- faction of governmental official having juris- diction, all defects, damages or imperfections including, but not limited to caving, sinking o settling which may appear in the work within 4 period of two (2) years after the date of fina completion and acceptance of the work by Pacific Pacific shall exercise reasonable diligence ti discover and report to applicant, as work pro. gresses, all unsatisfactory material and workman ship furnished by applicant. In emergencies o due to applicant's inability, refusal or neglec to do so, Pacific shall have the right to correc such defects and applicant shall reimburse Paci fic for the costs thereof within ten (10) day after receipt of a bill therefor. Neither accep tance of the work by Pacific nor payments t applicant hereunder shall relieve applicant o these obligations. A11 equipment and tools fur nished by applicant shall be in good and service able condition and shall be capable of performir the work in an efficient manner. 0 7. If trench is closed without inspection t Pacific, potholing may be required at Pacific' discretion to verify that all specifications hat -_ - - been met. All potholing will be done at applj cant I s expense. 0 C? 8. The applicant shall indemnify Pacific and save j harmless from all loss or liability of any cha~ acter whatsoever, including damage to Pacific facilities, arising directly or indirectly out ( or in connection with the work performed by tl applicant hereunder, its contractors, employee! agents or permittees . 9. Applicant shall, until acceptance of the work I Pacific, maintain in full force and effect tl following insurance with insurance carriei authorized to do business in California. (a) For work in California, Worker's Cornpens, tion Insurance in compliance with all Worl er's Compensation Laws of the State ( California, or in lieu thereof, to ha become a qualified self-insurer of Worker Compensation benefits. 0 (b) Products and Completed Operations Insuranc (c) Comprehensive Liability Insurance, includi automobile which shall protect applica from any claims for bodily injury to death of any person or persons, and f damage to or destruction of any proper which may arise from work performed her under, and which does not exclude explosic collapse, or underground property dama hazards. Said Comprehensive Liabili Insurance shall also provide Contractu Liability coverage with respect to liabili assumed by applicant hereunder. Furthe more, said Comprehensive Liability Insuran shall protect applicant against any li b i 1 i ty which applicant may incur (a 1 account of bodily injuries to or the de? of one person and consequential damas arising therefrom, to the extent of not la than $500,000 and on account of bodily : juries to or the death or more than one si person and consequential damages aris: -_ therefrom as a result of any one occurrenc to the extent of not less than $100,000: a -- e -6 3- (b) on account of damage to any propert: other than Pacific's property occupied j used by or in the care, custody or contrc of applicant, to the extent of not less th, $250,000 for each accident and $500,01 aggregate; or in lieu of (a) and (b); (c) combined single limit on account of bo bod.ily injuries and property damage of n less than $1,000,000. Such insurance sha include Pacific: as Additional Insured; primary insurance to the full limits t liability herein before stated and shou Pacific have other valid insurance, Pacif insurance shall be excess insurance on1 and include a severability of intere< clause worded substantially as follows: "The insurance afforded applies sepa ately to each insured against wh claim is made or suit is brought, b not inclusion hereunder of more th one insured shall not operate to i crease the limits of the insuran carrier's liability. The inclusion any person or organization as an i sured shall not affect any right th such person or organization would ha as a claimant if not so included." e 0 10. Applicant hereby declares and agrees th applicant is engaged in an independe business and will perform its obligatio hereunder as an independent contractor a not as the agent, employee or servant Pacific; that applicant has and here retains the right ot exercise full contr of and supervision over the applicant performance of applicant's obligatio hereunder and full control over the emplo ment, direction, compensation and dischar of all employees assisting in the perfo mance of such obligations; that applica will be solely responsible €or all matte relating to payment of such employees, i cluding compliance with social securit -- -. 0 -LA- withholding and all other regulations govei ning such matters; and that applicant wil be responsible €or applicant's own acts ar those of applicant ' s subordinates, em1 loyees, agents and subcontractors during tk performance of applicant's obligations undc this contract. In the performance of tk wor-k hereunder, applicant shall not emph any person who is a full-time or part-tir employee of Pacific. @ 11. The attachment entitled "Exhibit-ExecutiL Orders and Associated Regulations" is heret made a part hereof. Those orders and regL lations applicable as indicated in tf attachment are incorporated by referenc herein. e -- ._ e -6 5- /I\ - SOUTH AN0 EAST 102'AND i2~'R/W.RtOUlRR SP€ClAL DESIGN STREET LIGHT, BASE AND CONDUIT TYPICAL BOTH- SIDES OF STREET FIRE HYDRANT TYPICAL BOTH SIDES OF STREET PARKWAY TRE E TYPICAL BOTH SIDES OFSTREET - SEWER LATERAL SERVICE TYPICAL SECTION FlNlSH GRADE - .__ - . I). LOCATION OF WATER MAIN WILL LOCATION OF UTILITIES. NORMP WATER MAIN WILL BE LOCATED 0 AND EAST SIDE OF STREET. STREET LIBHT 2). STREET LIGHTS AND FIRE HYDRl . CONTIGUOUS SIDEWALK EXCEEDS WIDTH. 3).GAS MAY BE PLACED OF( SAME. L ELECTRICAL WITH I' MIN SmR -BE LOCATED IS*OFF FACE OFCU ’, @) I..------ - - - MID IRILITY POSITIONINC SERVICE GUIDE I -yp42 Y -TP f- 7 -1 COlY CAS I GS f MLY 6AS ! P 1 PAIY4RT E{ S I SECOHD~R~ ES ELECTRIC ! lr’ BULT~PLE I ut (P or s Of IN SPACER! SL SDGU STRE -rgl?-q! t Tr r;;f b 1 WnVtCE rnmm b+- . ON 0 = mivAnmmnn mrfs : - FQRElGrr UI L 1 STREET L16 fOnLIGN ul ” (TELCO, U AND UTILITY POSITIONIWC SERVICE GUIDE - WDER VLRTICAL. ‘Lt 1 u’ JOJN AT @ mlCM REFERS TO WSALUVON NOTE 0. U~JO~R WRiZONfAL. ‘Lf CS’ JOIN AT 12 INCHES WntCW WOULD D? fwi OlSANCE REWIRED FROM THE OUTER 1 0; Tnf ~LE~IC SLRWCE *ACE ALLOTMENTJ 70 THE MER EWE OC WE brs SERVltt ($?ACE ALLOTMENT]. .. S€RVtCf TRENCH ,@) WERCROITND DISTRIBUAIUH \mi TK~S~LC~W AXD UTlLITY )OSIfIO#XNG SERVICE GUIDE' J -_ - UkDkRCROm DISfRIBTrIOK mNCIILS m VtfLIn K)sI'sIoIiING SERVICE GUIDE * 1Z7-82 ?a lmtr$u u?IL?TV tu) YW KLO?MEWT Wt M A m1I!IUm Or 4 lrCnEs K~o1 THE as LW -CCD DIRECTLT ruovc w t~tembt ~4ct uobprtns m MLL rot rnirc PAST na omn tu) -am WOTNW 1s 9. x P a swm ir ts uuwm AT w SA^ ura u hy ~LIECTRI irmi 4). tnt SEPMATIOM mow CUI A#, ULTI?L€ QECTRIC -1 RAY I ~VCLD 10 9 ~wm (2 (roC UBI& SSPMATlDI P#u &LL OnCU UTtLITILS .VST It UluTAIaEO (%Et ItCIEILS t AWD (u) $?a AILOTYWT -COS Ir 9 IUH mIZWTAL Qt A L' lroI VERTIW. ~AS~tUEMT It M OP OtCTRIC Ym ALLOTrQMTS EBENCwl*C W mrD! IS rOT &LOWED) tSEL ItOULS t, 3 & 4 tD T% COIIaETf DICASEBEYI OR 6 IrcnLS mfll (U) IS SB I 9' QI SMALLLR CSfE PJMES I, 2 II 0 ~LL m COUDUIT, REmoLtss 01 WE SIZE, SMALL I ~~nc~ltnt ~UCASED a EmcAsm um s(&tRR?. OB 03NDUIT IWY &SO Y mnCRCTE QI kiClRT DC49fD. OM EB 9 tclcw a OIIctLII (Dw (we, .So, -S*, 011 .SLg) MAY OCCUtT tCy SA% m*CREtt EwVfLOrE M Y ENCASED &LO mLttPL( ELECtRtC. r5rCASSEWLED CABLE IN QDW3UIT (PI0 QI S!DA) $WALL rOT E COntRETE fa IWEI@I ~FIILITT STREET LlQFl WALL NOT #E COMUM llrASED tI nrw( SAY Olvt~OlE lrtn OOWU 1 TS @ IN mt ~~STfftB~TlOll (WlW ~RERCH), nLChrOrL WUL'IIPLE QDwClttTf OvCt teDwDfX1 olt TRAwSlTE, QI SEWER ARE W7 ?gR*bTTLD lW twf $AN ncMD MITH GAS Q1 ELLCTRIC. WEN 8A?En 4R 8EtUEfh IRE UTlblTtfS WITH *I LEAST 3 PEE7 of WlSTuRIB NATiVf SOIL BEllEEk TREWDIES. CnCSSIrC, A 4 I*c* VEnTtCAL SEDARAfIOk IS REQbtQfO. tN A StPvbCE TRECr ok CnIvATC m3PfRTY, UTES &#: SEaER ARE *CY )L-iTTEI I& ?HE $WE W~TM CAS AM2 CLECTaIC. WEk WATER m SEWER ?*RILLEL$ GAS QR E~tCfalC, 12 ik3GS SEPA BL7WEtb SEPARATE fffEM34ES SMALL BE BMiR?AlNEC MTlEEh ?WE ~~ILITILS WtfH AT LEAST 12 IC Uk3ISTURBEC NATIVE S3lL BE'WEEh TREN~ES. mlk CIOYSrwC, A 6 IWDc VERTICAL SEDAKATl 0 REQbiRED. IF PtLLb mr3ITtONS WILL *o: PERMIT n(ESL S*ruAT)OwS, T~tk OPnCvA, rJSl CDU THE CO&S?aUCllO* SUVRv!SOR. WEh ?UERE tJ r0 wit US II TUE SERVICE nEka, A SI6 LI8E OThER MW WGiE MY 8€ I*S?ALL€C hOYIDIM; A 12 ICM WIAL SEPARATION IS WlNTA1NE @ mt CAS MCW WALL 8€ WE US? tMSTALLEO, %ALL IL Oh TdE PR3PEAfT SIDE W =E*:*, Arr? WVC A M!klWU 6 IMcN PAC V SW2IYi MATERIAL THE WIDTm W THE ?REM3 ABCVE ANT C Utl~l~l, AWT QtCSflNG IUVO~llffi GAS $MALL YiNYAlk A WIN:UtW VQRTiCk fEP*nATIOh V 6 t 4 CAS SERVlCt IUSTALLEII IN A Wlk TRtkD 081 PUBLIC WWERTT SMALL REWIRE THC SA* COvl CLEARANCES aS A CAS WIN. A GAS SEnVtU lmJTAtUO tU A SEnrlEE TREMCN olr RbVAff mt SWLL YI? I WEWR TltW ~LECTRIC SElvbCL. PARALLELS GAS a ELECTRIC, I FOOT Ltrmrror WTHEEU WARATE mn~nts WALL IE miw 0 sDf&E l8STALlED StaEfT LlGM CIRCUITS, WE& IWSTALLc3 ALONE IN & TRENO, SWLL If AT A M DEPTH Or 24 ItrC*ES fVERTvnfRE CXCLPT &I Cltir~TL mPERTT, WERE TnE MIMIMUY tWT E 18 BELOD F IWAL WAN. @ THl t~fCtRlC )nrMUT UILL M ON tn€ STREET Six OF THE TREra. THE SDW STREET LtWT CII UtLL Dt o* Tnl rrOPtRTr SiOL Of Twf TREND WEkErfri rOSSlbLE. FOREIDI YlL)Tr STREET I C*oT $ERIES) $MALL E o(( tnt PROPERTY $I# OF W TREM5 AT Wt $re L?*fL a SD6U 03' M krLL mIlTAII A (2 IrW IUDIAL SE?AMT)O& lut #ALL rDt It ISTALLED IN SC&L m' fruStMCMT BUT MI r mCrP&IRLClLT UOVt nci CU&tf#ENT. ALL OtlLlTlES SMUL mAl$T 6 le SElMATlOw WEN ~OSftMC ALL m61E &€CTRIf. OrW SEfrMAfIW o( hcf URviCt mEN:r MT 01 PACE 8370.2) @ Hr~alW moRtZOaT& $E?mATtglr .FRpI OA$ ?I% TO &w7 FmEtk WbfTRU:TDRE (COCRLTt VI @ @$ &tmc$ (us7 mt It LOCATE0 WOER m? ttROCt3af Wufw AS WfLDIaCf. t*amTf* '' WLl# wxts, ftC.1 truLL a 12 IrctMES. YtLZtr4?$ UO 8~lCtRbC IACILITIES SUaC A$ $,&)a WXt5, ~RANS~C~L~*~R ?*Os, L'C. _1_ Rdlle- GTP 1023 (I @ NmrEDw (Roc. 56.1. 70, L EXHIBIT - EXECUTIVE ORDERS AND ASSOCIATED REGULATIONS FOR CONTRACTS EXCEEDING SSW,ooO - MINORITY UUSI 'e frifc TJsphw me Nwda MI m common cunen of tnnnton wmmunicationa m mg8ge in work m Cmtruton for nnous ONTERPRISES SUBCONTRACTING PROGRAM CLAUSE bparWnts md - of th. Unitad States gonmmnt. Also. oIrmin kciliaer may be c0rrrrmcl.d punumt to hckrJly rrtafed construction fa) The Cantnetor mpcn to atmblirh Md conduct a pr-mm rvhrc prwrmr. By muom of tho fongotng. rrork unbr (his contract mry bo mrM0 minonty kainest mtarprises (as dofined in tho dlure w utyec: to the pronrians of Executiw Ordon tuwd by the hident of tho "Utilization of Minority Bumnear Enterprises") to be conmdamd f8 United StOteS, md ~IaDmr (awed by WrJ .enci.r. To th. extant ubcontrutor nd suppiten under this contract In this conmetio Qot rurtr EXOCIJDH O&m md mwiations my Wy to th. work under Contnctor shall (1 1 d.lignote a lturon officer vrho mil dminiri @it conwrt. m& only to mat extent the Contrator ogrm to obido bv Cmtrutor'a minonty huainnt mterpriws program. (2) provide dr W fdl-crg arbn md mwlrhons and to acmd the fdiomng md amely cmsickntion of the potentialities of known minonty k artificotionr mnrprises tn dl "rruko-or-buy" cbeiricms: 13) -re that known mi buriness ontarprim wll tuve m equitable op~ortunity to compr 1. EQUAL EMPLOYMENT OQQORTUNIW CROVtSlONS aubcontracta, pmniculorly by orrangins dicitnions, tim fi ont ti on of kdr, guantities. specifications. .nd dcitwry cchaduk In ~cordncc mm Exuuaw 016r 11246, dabd SIpmber 24,1965, (0 fuilitate thc panitipmtion of minority burinoa onterprnm. (41 m i my br anon- fra am to am, md Part 6Cbl of Titla 41 of the ncordr ahowtng (1) proadurn which haw bwn -tad to c& coda of FderJ R.Qtkaont (Public Conouts rrd pmpdrtv Mlrugm*nt. th. polems mt forth in thn ciuo, including the rrtWishmmt of a Wwm of hdrr3 Cmtrrt Compkrrr, OUigmaa of Contracton md lltt of minonty bi~a mterpriur. (II) mds to minonly & &bcontrrton). I nuy be unondod from nm to am. rh -ma .n~rpn~on~rourrrlnt,md(iii~~ificsffomtoidmtify.nd ncorpontc herein k *IS nhmw thc csgulahanr md contrut elurrr contracts to aninooty burinau mterprircr, (5) ineldo th. Utilizai wimd by thom wwtuaa to br nUa pn of Pmfk To)crphmc md Minority Bumnesr Enterprises clause in tilbcontruts rrhich Iuryd. Ball cmttr'~o md ubcontrrb. .rbstnuJ minority him mterprmes subcontracting qxmrtunin caopente mth the Contruting Officer in my studia md ru~ayr CItffTlFICATIOW OF NONSEGREGATED FACILITIOS Contmofa minonty huainarr onterprmes praodums md prrha the Contracting Offtwr may from nrne to nme conduct; md (7) The Contrrtor cad- to Profic Tobohonc andlor Novado &I1 geriodic mpom of rubcontrunog to known minority buaimenta mth mpstt to the raardr referred to in rubpwmgrgh 14) .bavc, I lorn md (Mlner nd 8l Rnh nma (not mom dm than QuWW1 Con-nnO 0ff-r mrY wllcnk (bl The Contractor furth.r ogms to tnwn. In my wbcc hemnder *a* m~ exgd t5OO.OOO. prwnlms A& Ml a mhrrmtiallv to ttw Inww of this CIWSC. mbding mia nrbpmm md (0 nottfv bu Contrrttng Officer of the N(M of wch ruhcona Conpmm mot (t dor not md mi1 not mrnmin or prcwtde for its mploym my aqrgM kilitm n my of its .rt.bliahmunm. md that it rhes not md w11 not ocrmit tu enployem to perform their serwces m my iaotton, undcr id tontd. durr --tad fmziitttes are mmntwnd It UrdWSUndS md gm Wt 8 -8Ch of lhis anif8cattcn nuv b0 a mdrtton of mc ~suj mrhln~ly Q~UM m~rsd b ~~~t,~ 0er f Scp-r a. 1965 ~t futmcr w- *a~ kxcapt nhcm 1t ha wmiw Ormfrmms fmm pr~~ mkmmton) 1t -11 &wn IWWCJ cnaflcracm )run propocd ubcontr.crwr pnor to the r*rwd of * vhmara dd\ m (Mt oxampl ban rnc p+cmuons of + E~,,J 5 LISTING OF EWPLOYMENT OPENtNGS FOR VETERANS cmaniw am= In rcordmc4 mth Executive Order 11701. dmrd -my 24. 1 my bc madd from tim to bm, .nd Pan 60-250 Of Tttle 41 Code of Feden1 Regulations (Public Contracts md Pr-W Mry Aff@mutm Actlon WWtions of Contmon and Subcontnctt a&d Veannr md Vemrna Of th8 Vi8TMm Era). m nuY b8 8t (ram amc t0 nm* rh POrtic, lM0rponOC h.min w this rcfm mJ*tlma mx~ ~~ntm dum mu*d b those w-mtoh mn of Gown-t-trrm md ruk-t-. 4. EMPLOYMENT OF THE HANDICAPPED 2 MINORITY 6ustNESs ENTERPRISES In -0- w* E.cuavt Ordcr 11625. w mt-r 93.1971, md &tion 1-1 13102. Qtoacr 1 of Tttk 41 of #w Code of Fadera1 Rogulationr (mu Conmu md P-rty wmmnt Fodor8l ~munmont ~.priaa-. Wnonty ~umno Enwprima), i may b0 maow from am rn tv~. tht p.rtm rr~ in mtr mmt thc Mtomng undantmdmg .nd rgmwnmt: COR CONTRACTS EXCEEDING t1o.m - WXUZATIW OF YlWoillTY BSINESS ENTERPRISES CU-E In rcordmce mth Exomticrc Order 11768, dated hnu.ry 15, 1 my be amended from time to hme. md Part -741 of Titb 41 Code Ot F.deni RWUlnions (pub(ic Contrams md -* - Affirmotiw Action OMigotionr of Contmon md Subcontrra H.ndKgp.d Workenl. a nuY tm omen- fm ~WIW to ems. * incorporate hemin b this ref- the mgulmiona .nd contrat nguirwd by mon ~~OVISIOM to be mda port of G-mment cc m~d wont-. (a1 It ia the pdw of Prrfic Telephone me Ma 9011 mat mnonty hel,nert Mmvrm ndI hua Ihe mOIINm -bcwe apportunlty ID mrlDle In * -dm of bfic ~.kphm md M bll eontrro 01 ~hr ~ontrttor rqrr ID UI. its ht offom o tlly mt its pdicy in tu mrrd of iu ubcarpro to el. tull.rt 0-mt Cw(smt *nth the Mrient mrfwmrut of kn ContruL & uud m nia conmt the mnn "mnmw burinem erpnr" moms 0 brunrr. n kmt 60 p.mt of w&dr iw owned W mnonty qmip mmbM or, in the cue of Wa1y-d katmsaa. R kat 51 p.rant of r)w stock of which is ~ed by mtnonty gram nwmben. For thc p~qxme of this dofinitmn, mnority sroup mambrn ue Birk& Hmm, &in-Pmfic Idmden. Alukm Nmm md Amencui Indmr Contruton may nly on witten mtmaenQhQI bv mbtootrrcton regarding thaw rtrrm m mnonty brainoa rius in Iru of m nmden: inmagmtim "pp L RECEULO oa SENIFLCbn 0 CUltOYA nrOVloL0 LnCLmw@ I 4 q i \ '. & \ I ----- OUTER PINISM OF OUILOIWQ WILL WTaR FIMl¶H OF - WlLOlwG WALL - - TQ,WWOWECOrAMY T tarrren ccuwmmarnvrvama d 'LU,nw\ AIStR CRQTECIwr) - C~tOULRMOVIMO * f : IR*Col)tm- b 90. e. *e+ .. . .a TYPLCAL JO'uTr TRI DEAIL - CuCIMa MOVIDLO ewmxume Placod on. ek08. awqy from power ! 6 !* 1 ,y ,@ I WE Ip momwa .* CoIcIITa r-D 1~1001 IMMm - I. ma a mi on w~n arm mman*cmum ~~~~(~~~~~~~mrtcauenowmrtr ylly Q m Lam WIQtN wtnt smas &It n IUQ 10 n*r me 110 ncu14ovinw 1s-w 11~#o I* AT LWI 110 rnt~ nr UIIES DETAJL D YQUlr TO -TAW Wl ?W YI*(yu MY MUST L -mmemunrroanornna*ruror* WTERIAL REaUIRED: I" METALLIC NlCT I n*rama,orrmIt.uu7uturwarr -mom mrusnwc moa UM nwu tc AW Z-l"LOw( mm Y- YcQl oIQ*o LNm UL CONTRACTOR *i ALL WR AND MATERIAL TO BE FURNIS - I. I DETAIL 8 BONDING ATTACHMEN= AT I TRANSFORMER LOCATI0:;S ma MU m OTHE DRILL OR PUNM A 1- HOLE THROUGH n UE THE 1" NIPPLE THROUGH THE SIDE SECURE THE NlPfLE 3Y AlTACHfNG A I" LOC SlOE OF A NON-REMOVABLE PANEL ALLCY TION ON OUTSIOE. .-- - - - - 4 -,I 0 onrtc e CONDUIT imwxno:: AT EOMAL r---- ' --f-lflCOTOn*Et~Of~4L - M41W411 m(IIuUY COW# OS 14- II W#IK WmW. 1 - 1UITAlI r 11~4R41IOM 1101 UL ma Tfi~oa~~ r mI*lUW LvA~4TIOI FROM UL POwg# T~RUIRATO~ OSLL UO PfDfnAL IIXTULSl A#( fiUt0 tawtnn - mm En*mM flRAL 6140C 4T ALL ROfnAL LOc111011 Io# Tfieu( UOCOIIOW up a -J -..- -.---AAA -.,. 0 ---7------ - _- - - - - - -- * a@at NOTICE OF COMPLETION ENGINEERING 8 City Clerk 1200 Elm Avenue Carlsbad, CA 92008 I$$; QcT 13 F;i: To All Laborers and Material Men and to Every Other Perso -3nterested: -__I A YOU WILL PLEASE TAKE NOTICE that on June 14, 1986 the Engineering project consisting of construction of full street improvements on James Drive - _I on which Kirchnavy Construction Company was the Contractor, and Planet Insurance Company was the surety, was completed. _y CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on 0- 7, /9#(o accepted the above described work a: completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct Executed on && - , r /Sf6 at Carlsbad, California. J CITY OF CARLSBAD -2 City Clerk I e 0 1200 ELM AVENUE TELE CARLSBAD, CALIFORNIA 92008 (714) 1 Office of the City Clerk ditt, Qf &lrIs’bab October 9, 1986 Vera L. Lyle County Recorder P.O. Box 1750 San Diego, CA 92112 Enclosed for recordation is the following described document: Notice of Completion - Engineering Kirchnavy Construction Company Contruction of Street Improvments on James Drive Our staff has determined that the recordation of this document is of benefit to the City; therefore, it is requested that the fees be waived. Thank you for your assistance in this matter. YiiYx* Deputy City Clerk Enc . a NOT ICE OF COMPLETION ENGINEERING * 8 Lity Lierk ' 1200 Elm Avenue Carlsbad, CA 92008 P To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on June 14, 1986 the Engineering project consisting of construction of full street improvements on James Drive on which Kirchnavy Construction Company was the Contractor, and Planet Insurance Company was the surety, was completed. CITY OF CARLSBAD VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on 0- 7 /?Rh accepted the above described work a: completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on &ti?&& , r /Sf6 at Carlsbad, California. J CITY OF CARLSBAD City Clerk -9:: 4 \‘ c 0 0 1200 ELM AVENUE TELE CARLSBAD, CA 92008-1989 (619) Office of the City Engineer Citp of Carls’ba’br December 19, 1985 AWARD OF CONTRACT William Kirchnavy Construction, Inc. I010 Linda Vista Drive San Diego, CA 92069 SUBJECT: JAMES DRIVE STREET IMPROVEMENTS PROJECT: 3135 On December 17, 1985, the City Council awarded you the subject contract. Enclosed are four (4) copies of the contract documents which should be executed by you. Please return all copies within twenty (20) days for signature by the City. Do n date the contract when you sign it; this will be done when the contract is siqned by the City. The bond forms (labor and material, and performance) should be completely filled out and executed by you and your surety. You must submit evidence of Comprehensive General and Automobil Liability insurance, including coverage for completed operation The certificates submitted must include the following: 1. The City of Carlsbad is to be named as an additional insured on the comprehensive general liability insurance. 2. The limits of coverage should not be less than $500,000 combined single limit. 3. Policies shall be endorsed as follows: “It is hereby understood and agreed that the policy to which this Certificate refers may not be cancelled, materially changed, nor the amount of coverage thereof reduced until thirty (30) days after receipt of written notice of such cancellation or reduction in coverage by 1 City Clerk of City of Carlsbad. Coverage under this pol. shall be primary and non-contributing with any other insurance available to the City of Carlsbad.” - * 0 JAMES DRIVE STREET IMPROVEMENTS AWARD OF CONTRACT December 19, 1985 -2- In addition to evidence of liability insurance, the City require a Certificate showing current coverage for Worker's Compensation. Section 3800 of the Labor Code shall be complied with by securing, paying for and maintaining, in full force and effect for the duration of the contract, complete workers compensation insurance. You must also furnish a certificate of insurance evidencing proof of such insurance. Payments on this contract will be in accordance with Section 9-5 of the latest edition of Standard Specifications for.-Publfc Work Cont,ra.cts. T-wo (2) fully executed copies of the contract will be returned t you for your files and those of your surety. A Preconstruction Conference will be scheduled as soon as all contract documents have been executed. PYgZz= PAT ENTEZARI Project Manager PE:mg Enclosures C: City Clerk MacKenzie Brown BSI