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HomeMy WebLinkAboutCALCO CONSTRUCTION; 1984-08-07;. ' -- CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS & SPECIFICATIONS for CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD • CONTRACT NO. 3079 APRIL, 1984 ,_ ' TA.BLE OF CONTENTS ITEM PAGE NOTICE INVITING BIDS 1 PROPOSAL 3 BIDDER'S BOND TO ACCOMPANY PROPOSAL 11 DESIGNATION OF SUBCONTRACTORS 12 BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY 14 BIDDER'S STATEMENT OF TECHNICAL ABILITY & EXPERIENCE 15 CONTRACT 16 LABOR AND MATERIALS BOND 21 PERFORMANCE BOND 23 GENERAL. PROVISIONS 25 SPECIAL PROVISIONS 31 RAILROAD REQUIREMENTS & COORDINATION 47 CALTRANS' STANDARD DRAWINGS 62 RAILROAD AGREEMENT SAMPLE 73 ' CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 1200 Elm Avenue, Carlsbad, California, until 2:.00 PM on the 2nd day of Julf , 1984, at which time they will be opened and r,ead for per orming the work as follows: CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD CONTRACT NO. 3079 The work shall be performed in strict conformity with the ~peci- fications therefor as approved.by the City Council of the City of Carlsbad on file in the Engineering Department. Reference is hereby made to the specifications for full particulars and description of the work. No bid will be received unless it is made on a proposal form furnished by the Engineering Department. Each bid must be accompanied by security in a form and amount required by law. The bidders' security of the second and third next lowest responsive bidders may be withheld until the contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten days after the contract is awarded. Pursuant to the provisions of law (Government Code Section 4590), appropriate securities may be substituted for any money deposited with the City to secure any obligation required by this notice. The documents which must be complet•d, properly executed, and notarized are: 1. Proposal 2. Jlidder's Bond 3. Designation of Subcontractors 4. Bidder's Statement of Financial Responsibility 5. Bidder's Statement of Technical Ability and Experience All bids will be compared on the basis of the Engineer's estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimates are $1,105,000 for Alternate No. 1, and $1,261,000 for Alternate No. 2. No bid shall be· accepted from a Contractor who has not ,been licensed in accordance with the provisions of State law. The Contractor shall state his or her license number and classification in the ·proposal. I One set of plans, special provisions, and contract documents may be obtained at the Engineering Department, City Hall, Carlsbad, California, for a nonrefundable fee of$ 30.00 per set. ' Page 2 ' The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773, and 1773.l of the California Labor Code. Pursuant to Section 1773.2 of the California Labor Code, a current copy of applicable wage rates is on file in the Office 9f the Carlsbad City Clerk. The Contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the contract. The Prime Contractor shall be responsible to insure compliance with provisions of Section 1777.5 of the California Labor Code. The provisions of Part 7, Chapter 1 of the California Labor Code commencing with Section 1720 shall apply to the contract for work. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause for rejection of bid. Bonds t~ secure faithful performance of the work and payment of laborers and materials suppliers each in an amount equal to one hundred percent (100%) of the contract price shall be required for work on this project. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 75"0:! , adopted on the 771:: day of APRIL , 19_.g<.::!f.-- City Council City of Carlsbaij 1200 Elm Avenue Carlsbad, CA 9200B CITY OF CARLSBAD ~ONTRACT NO. 3079 PROPOSAL • Page 3 The undersigned declares he/she has carefully examined the. location of the work, read the Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3079 in accordance with the Plans and Specifications of the City of Carlsbad, and the Special Provisions and that he/she will take in full payment therefor the following unit prices .for each item complete, to wit: BID SCHEDULE FOR ALTERNATE NO. 1 Approximate Quantity Item No. 1 Article w/Unit Price or Lump Sum Written in Words & Unit LS Unit Price $_-"11.1~IA:.,.__ j TOTAL $~t>i) 2. 3. 4. Asphalt Concrete Pavement Removal at "flan, dollars cents Clearing and Grubbing at 'f--ta:J: +/u,,. t? o avJ d o l l a r s & _________ cents per Lump Sum. Road11ay Embankment at ,q...6-u./L dollars & ~ cents per Cubic Vars. 2900 SF LS 40,300 CY 5. Structural Excavation (F)* 410 CY (Bridge) at ::i-(&?'(«1 - ...=========-'collars & ~ c e n t s per CubicYards. (>O $ I, 1./50 $ ,.;/9 • $/0.000 - $ /{,/,;Jct) tlO , $o2D50 00 Item No. 6. 7. 8. 9. 10. 11. 12. 13. 14. Page 4 Article w/Unit Price or Lump Sum Written in Words Approximate Quantity & Unit Structural Backfill (Bridge)(F)*210 CY at tAi11 hd do 11 a·rs & fl?fs cents per Cub1c ars. Erosion Control at iw-o~ 1.15 AC ~ -1.,1 ,.. '1,µ£ do 11 ars · ~-cents per ~ ~ ~ w11c. Finish Roadway at &..cl :t:,tlvwlLO"-"QU:O~mdl:l.d.!.......:====-'dorlars r--"" a:kQ cents pe_r_L~u_m_P_._S_u_m-."-'-'"""'-- Class 2 Aggregate Base at PFi:..gD~,~~~>fal:aJ~)/....;:===~aollars & -..---~LYYa.ud.J.) __ cents per Ton. Type "B" Asphalt Concrete Paving at '1-ft,rbt -- ..-:=====-==-=~=~ o11ars & ,0?...(? cents per Ton. LS 1,585 Ton 1,500 Ton Unit Price HP 14x89 Piles at t>-0 1,133 L.Ft. $_./uaJ,,__ __ HP 14x89 Drive Steel Piles at 'fu..rQ dollars & ~2 cents per Lineal Foo. 1,133 L.Ft. $ q),-0 Pre-stressed Precast 4' (F)* 33 Ea. ~:cre~l ~bs at m ---!:4?~ ~ o ars .AM2 cents. Each. Class "A" -3500 PSI (F)* 373 CY. 1~r.e~~!!~~~ pefiio1c ar • TOTAL $ (eQQO"° $.L.2d.3500 Item No. 15. 16. 17. 18. 19. 20. 21. 22. 23. Article w/Unit Price or Lump Sum Written in Words Class "A" -3000 PSI High Strength Grout at {~ -1.,, ,y-y/1 9 d o a rs & ~ cents per C.u61 C Yar. Approximate Quantity & Unit 120 CY Unit Price $ o<l . elQO Page 5 TOTAL J $~09 Reinforcing Steel at (F)*56,600 LB --tlo do l'Tars $0.s~ $~00 -,--~~;J._-.-~-,~,-,--cents per Pound. 17 I 18" R.C.P. -Class III at {Bob,,e0Jdl dollars ' cents per Lineal Foot. 24; R.C.P. -Class III at { J 01t b, :P, IO do 11 ars r ~> cents per L,nea1ciot. 3°zt R.C.P. -Class III at { ~-~ ~ do~!~~~ per Linea oo . 54" R.C.P. -Class III at ':t} iin• t,.4 do 11 ars & ..:'.1:lA cents per L1nealFoot. Each. Type "A-4" Cl eanout .,at .J ~ Mn1«:1"J4;,, ~s • llffk12 cents Each. 4' Concrete V-Ditch at 7..J&d do 11 ars & ~2 cents per Linealoot. 00 48 L. Ft . $..,3.,_,8"'----- 00 2,578 L.Ft. $~,3~J...._ __ _ "'° 5 2 0 L • Ft . $_,,.3"-'){,.._ __ 6-0 130 L.Ft. $~9~0L---$ .11+200 oO 1 Ea. oc $/900 t>C $/900 8 Ea. ,x) $ 1.$00 , t>O 540 L. Ft. $.L/0""'-: __ _ $:S+!£_oooo Item No. 24. 25. ti(- 27. 28. 29. 30. 31. 32. . Page 6 Article w/Unit Price or Lump Sum Written in Words Approximate Quantity & Unit Unit Price --...,_ Class "A" -'3000 PSI Concrete 131 ~Y Slope Paving at ~., f;;;,,1,.....J ---......J $ -lteO :4:i,..1p o 1 ars & , r 1 ./YL.() cents per Cubic _Yard. Sewer Protection at .,..Ka;vl,l,:!41di4-~bld4-1 ____ d.o11ars 151 r ~ cents per Lineal Foot.~ 6" P.C.C. Curb and Gutter at vi· l dollars & ~ .a:JJ? cents per L1neal ~oot. 6" !J~-C. Curb at -~--~td>v dollars ~,-;:J/...J~~-£2'.l--.Q--cents per Lineal Foot. 4" P.C.C. Sidewalk at ~ dollars &~ cents per Sqare ott. P.C.C. Cross Gutter at t'&~ dollars -(A ;'f f., cents per quare oot~ 6' Chain Link Fence at r411Tecav dollars . ,;'Y\.-0 cents per L1neal Foot. Type ~ain Link Railing at 'f;,,,1 dollars & r~ cents per L1neal Foo. 25 L. Ft. $ (;O o-o J Ea. 1,320 L • Ft • $-=6,=-o,c---- 1,260 L.Ft. $~•~1-o,,c, __ _ 6,600 SF $ ~o 1,600 SF 2 $ /,,t>O 15 L.Ft. _:t_ 4E.' 356 L.Ft. ~P."--: __ _ TOTAL ~ $~~() 00 $,3 1,8"0 ' -. , Item No. 33. 34. 35. 36. 37. 38. 39. 40. Article ~/Unit Price or Lump Sum Written in Words Type 25 Barrier Rai~ w/Sound Wall at ~~ & .o:::z-q cents per Lineal Foot. Type 26 Barrier Rail at ,St,0:f& t;.1 do 11 ars & r?::k<-2 cents per Lineal Foot. Metal Beam Guard Railing at f.,1J f,,,n, dol 1 ars & ~2 cents per L1neal Foo. Utility Relocation, Other ~Gasline at ~ -~r0c0md o ars 4'.Y? cents per Lump Sum. Modify Invert Slope of Existin9 30" R.C.P. at 7f'41 +Ju,,,, t4/lm-d do 11 a rs .A1--Q cents per Lump Sum. at /Js,.!0....i!li.'2:l.tl'.!l..t.«:!ZU..!1..!!~ollars ---~~.4Ji.u_c.ents per Concrete Headwall for 24" R.C.P. at~w~~~,_._..-. __ 1:.Al'H, :<J;(,)~ dollars ~&""-'= ...... ~.-:n-:P.._......._"--cents Each. Type •1 11 Junction Box for 24•: Vi· at ;)11 ~_,4,,_J] 9&:j ,mA o ars & /Y\11: cents Each. · Approximate Quantity & Unit Unit Price 750 LFt. S.,:$'Q.- 178 L.Ft. $70 00 572 L.Ft. $ /,f D<J LS LS $ ,.;/;z ' _,,..(J ' ,.. ? 0 _.f, -5-0~ L.Ft. oO so2ao 1 Ea. 1 Ea. Page 7 TOTAL s.3z5.x, 00 $ i.,.flt:tO DO Item No. - 41. 42. 43. Article w/Unit Price or Lump Sum Written in Words 16K Lum~n; Stree~ ghts at tlt,, ~e0a~dollars Bi 4YJ cents per Each. Temporary Private Railroad Crossing at "liPAa ...--------Vdol iars __________ cents per Lump Sum. Unclassified Excava ion and Backfi 11 at & ~ per cubic Var. Approximate Quantity Unit & Unit Price 6 Ea. $ ,30QQ o<> LS $ -o - Page 8 TOTAL $1J;ooo~ $ -o--- (F}* 833 C.Y. $JJ,.__e>-0 __ _ NOTE: If the Contractor does not intend to have a Temporary Crossing constructed, enter zero for Item No. 42. (~ee Section 10-31} (F}* Indicates "Final Pay Quantities", when the quanti.tfes for a specific portion of the work are designated on the Plans as final pay qua,ntities •. Said quantities shall be the final quantities for which pay~ent for such specific portion of the work will be made, unless the dimensions of said portions of the work shown on the ~lans are revised by the City Engineer •. (See Section 9-1.015 of Standard Specifications.) ...Lj..J!al...,£---1,jtdA!,.;~'4-'Jd.4.I44,...~~JJ:::u.,,U.4!:~!:2!.L....1L&d.~t1.&.d~~-:!#-.!,/JIA/, Total amount of bid for Alternate No. 1 in. numbers: s91,,4:f1&t>() Addendum (a} No(s} / has/have been. q 6?_,';;'1--I received and fs/are included lh this proposal. , Page BA BID SCHEDULE FOR ALTERNATE NO. 2 Alternate No. 2 consists of all items in Alternate No. 1, plus the following items for four-lane fill: Item No. 1. 2. 3. 4. '1. Article' w/Unit Price or Lump Sum Written in Words Approximate Quantity Unit &·Unit Price Roadway Embankment at --1../uie . do 11 ars 23,134 C.Y. $,3'-0 · & ~p;,. cents per Cub1c ~d~ Eros i o;\C~nt ro l at "lt1A'J -,.J _,,_ f4d ~ ~offars-~ -4Y2 cents per Acre. 54" R.C.P. Class III at ... & ..... f~•::::i1l~h~h..,_,_4 ___ .dollars o T ~ cents per L1near F'oot. Class "A" -3000 PSI Concre~ Paving atON. dollars & · ~ cents per Cubic Yar. Adju~ at· O..,.,,_ Ac&° 11 ars g; r ,4'.':Q cents per Each. 1.15 AC 60 L. F • 36 c.v.~ 3 Ea. LS $ lleO 0-C o,<) $ J,lft>O TOTAL $ /3. za:i t1o ' or,-t;c)rN'-0 $~o,<) Tot al amount of bid for Al tern ate No. 2 in numbers: $U)q '/..37 !/!£. 1 \ 014 4-?°S.• Addendum (a) No(s) / has/have been J ' received and is/ar_e....,,.1~n-cT1-u~a~e~a......,1~~-t~h~1rs,-p_r_o~p~o-s~a,l-.- ' -r Page 9 All bids are to be computed on the basis of the given ·estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words-and figures, the words shall prevail. In case of an error in t.he extension of a unit price, the corrected extension shall -be calculated and the bids will be computed as .indicated above and. compared on the' basis of the corrected totals. The Undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the. Undersigned in making up this bid • . T-he Undersigned agrees that in case of default in executing the required contract with necessary bonds and insurance policies ·within twenty (20) days from the date of award of contract by City Council of the City -0f Carlsbad, the proceeds of check or bond accompanying this bid shall become the property of the City of Carlsbad. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 437429 Iden ti f i cat i on General ....;;.;===---------- The Undersigned bi~der hereby represents as follows: 1. That no Counci lmember, offfcer, agent or employee of the City of Carlsbad is personally interested, directly or indirectly, in this contract, or tbe compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agent~ or employees, has induced him/her to enter into this contract, excepting only those contained in this form of contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying in an amount price. this proposal is (Cash, Certified of not less than ten Bidders Bond Check, Bond, or Cashier's Check) percent• (10%) of the total bid I ,• ' . -.-. June 28, 1984 ADDENDUM NO. 1 (CONTRACT NO. 3079) Page 2 Add: It shall be the responsibility of the Contractor to determine the exact location of all utilities. The Contractor shall make his/her own investigation as to the location, type, kind of material, age, and condition of existing utilities and their appurtenances and service connections which may be affected by the contract work, and in addition, he/she shall notify the City as to any utility, appurtenances, and service connections located which have been incorrectly shown on or omitted from the plans. 4. On Page 7 of the Specifications, omit Bid Item No. 36, "Utility Relocation". 5. On Sheet 11 of the Plans, Tie Cable Detail: Change: 1-1/4" Tie Cable To: 1-1/4" Galvanized Tie Cable 6. On Sheet 4 of the Plans, under "Construction Notes -Item 1 : Add: 5" A.C. over 611 base is the mi!limum section required. The exact section shall be decided after the "R"-value test. 7. The Bid Opening has been extended to 4:00 P.M., Friday, July 6, 1984. If you have any further questions, please call me at (619)438-5529. ~ ~~:- PAT ENTE~ Project Manager PE:hmj ; 1200 ELM AVENUE ARLSBAD, CA 92008-1989 ) . . Office of the City Engineer otitp of otarlsbab June 28, 1984 ADDENDUM NO. 1 CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD (CONTRACT NO. 3079) 1. On Page Hof the Specifications, add the following items: 6. Temporary Siltation Basin per Pl ans at ----.d.,..o""'ll ... a-r~s ...--------cents per Lump Sum. 7. 18" R.C.P. at--~--dollars ...--------cents per Lineal Foot. 8 •. 2" A •. c. "V"-ditch at dollars --------cents pe-r""'L,...1""n_e_a,..l ..,F_o_o..,.t-. -- Quantity Price Total L.S. · 55 L.F. 800 L.F. 2. Page 34 of the Specifications, Section 7 (Flagging Costs), is amended to read:- TELEPHONE (619) 438-5541 The cost of furnishing all flagging costs, including flagmen, shall be incuded in the Various Items of Work and no additional payment shall be made therefor. ·3. Page 36, Section 10.5, Paragraph 5: Omit: If the Contractor discovers underground main or trunk lines not indicated on the plans or in the Special Provisions, he shall i11111ediately give the Engineer and the Utility Company written notification of the existence of such facilities. Such mains or trunk lines shall be located and protected from damage as directed by the Engineer and the cost of such work will be paid for as extra work as provided in Section 4- 1.030. Damage due to the Contractor's failure to exercise reasonable care shall be repaired at his cost and expense. :¼¼Designation of Subcontractors, continued, page iJ* INDIVIDUAL ACKNOWLEDGEMENT ' .. j ," ,. i r I ; ., ' "' 1W '% I " IJ ' L 11 ; ., j I • - CENTRAL SAVINGS I STATE OF CALIFORNIA } -~=_E.~=----· ss. COUNTY OF an ego On July 6th, 1984 before me, the undersigned, a Notary Public in and for said County and State, personally appeared---------Charles J. Lumsdaine------------, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, FOR NOTARY SEAL OR STAMP "'· and acknowledged that----he-------executed t~e. Becky S Treadway Name (Typed or Printed) BA 270 (7/B2) /,$# DIEGO } ss. / ,;:, ) July ,intheyear 1984, .:._~ o/i• a Notary Public in and for said County and )~ •.• n.:__ ______ _ /~ $ ~-. ; . '-~~ ~ ,-~...J~:/ ~ .. \-----•personally known to me . " _ '?q-:.)\basis of satisfactory evidence) to be · ~ ' ·-\•rs of the partnership that executed the ~wledged to me that such partnership 7 ' 0mCIALIIIAI. BECKY S. TREADWAY ~OTARY PUBLIC• CALIFOlffllA Principal Office In Sin Qil8o Do My CommiNIDfl Explia rtti, 10, llliiUtfuliULIIIUUIIIIU • OFFICIAL SEAL CARLA L MARTIN NOlARY PUBLIC , CALIFORll!IA PAtNCIPAt OFHr.:t 1'4 8AN DIEGO COUNTY MyCommiss,onExplresDec.14, 1987 -/ Name (Typed or Printed) ✓M"• ,,ua"' -C~~ oOO S•• - FOR NOTARY SEAL OR STAMP I . I I . ' ,-~ / /. • .. .. • Page 10 The Undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply w·ith such provisions before commencing the performance of the work of this contract. I The Undersigned is aware of the provisions of the State of California Labor Code, Part 7, Chapter 1, Article 2,-relative to the general prevailing rate of wages for each craft or type of worker needed to execute the contract and agrees to comply with its provisions. r:;z 4-~ Av€~ 1 f'ii cl,/C-/ I'/ ft-J 619-ijB-844~ umber Juln s. 1984 ate P.O. Box 1171. Carlsbad, CA 92008 B1dder1 s Address / Partnership Type of Organ1zation (Individual, Corporation, Partnership) List below names of President; Secretary; Treasurer; and Manager, if a corporation; and names of all partners, if a ~artnership: Wm. A. Corn Charles J. Lumsdaine (NOTARIAL ACKNOWLEDGEMENT OF EXECUTION BY ALL PRINCIPALS MUST BE ATTACHED) _( CORPORATE SEAL) ;' ' 'i State of California, -------"'=="'----• } SS: County of ORANGE ' I • ' . ,.· On this 29TH , day of JIJNll , in the year 19S4 , before me ;Notary of Public 'personally appeared OWEN M. BROWN , personally known to me (or proved to me on the basis of satisfactory evidence! to be the person whose name is subscribed to this instrument as the Attorney•ln•Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledge to me that he (she) subscribed the name of UNITED PACIFIC INSURANCE COMPANY thereto as surety, and his (her) own name as Attorney-In-Fact. . ··••-~---•--•--..... -••--R• OFFICIAL SEAL BARBARA J BENDER NOlARY PUBLIC • CAI.IFORNIA ORMG: COUll1Y My co:nm. ""Pires JUN 15, 1988 . "' , •·· . _ ... -kl'rop9sa1 for City of CENTRAL SAVING!" I Page 10* •••• I ·; .. '-:--INDIVIDUAL ACKNOWLEDGEMENT t .. ·~ .. % .. •J L = STATE OF CALIFORNIA COUNTY OF San Diego } ss. On July 6th, 1984 before me. the undersigned, a Notary Public in and for said County and State, personally appeared -------Charles J Lurnsdaine---------------, personally known to me (or prqved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, FOR NOTARY SEAL OR STAMP and acknowledged that ---he------executed the same. Becky S Treadway Name (Typed or Printed) · OfflCIAL ~ . • G~CKV S,. TRcADWAY i<Jtif:Y f U,~m • CALIFORNIA Prio:i~I ome.s i,1 Son Oie8D Olllnty My Commissi:f.l Expires Feb. 10. '\ } . STATE OF CALIFO'm(.i DIEGO SS. COUNTY50tF.h July 1984 -.. ii ll , ., ·- On this ___ day or ___ ;:... __ , in the year ---• before me. the undersigned, a Notary Public in and for said County and S,ate, personally appeare'orn wm. A, ------------:--:-· personally known to me (or proved to me on the basis or satisfactory evidence) to be one or the partners or the partnership that executed the within instrument, and acknowledged to me that such partnership executedtbe(}J l ~ m~ Signature -- Carla L. Martin Name (Typed or Printed) Notary Public in and for said County and State 1•ll9 I/BJ MAINE OFFICIAL SEAL CARLA L MARTIN NOT.-.RT .. ueur. r~~L1JMNT. P■INCIPAI ()fHCl , .. aAN tNlOO COUNTY Mytomm1,,1ontxplr110K.14, 1987 FOR NOTARY SEAL OR STAMP ' j i l l ~-~ I • I I ; ' . '•'.·. ,• , ' j ·1 l _i ' ' ' l .. " '· I _.1 ' . :-, I ' 1 .. 1 l 1 1 ! l • • • • L • • ' ! Bond No. U492702 Page 11 BIDDER'S BONb TO ACCOMPANY PROPOSAL KNOW ALL PERSONS BY THESE PRESENTS: That we, CALCO CONSTRUCTION, A JOINT VENTURE • as Principal. and UNITED fACIFlC tNSfRANCE eoMPm • as Surety. are held and firmly bound un o t e{ y ofarsad, California, in the sum of TEN PERCENT OF THE TOTAL BID IN----------------------------------Do 11 ars- ( $ 10% of total b0id ), lawful money of the United States for the payment of which sum well and truly to be made,.we bind ourselves, jointly and severallj, firmly by these pres~nts. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH: That if the proposal of the above-bounden principal for: CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD CONTRACT NO. 3079 . in the City of Carlsbad, is accepted by the City Courtcil of. said City, and if the above bounden Principal shall duly enter into and execute a contract including required bonds and insurance policies within twenty (20) days from the date of Award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City • In the event any Principal above named executed this bond as an individual, it is agreed that the death of. any such Principal shal 1 not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29th day of JUNE , 19 84 -------------- Corporate Seal (If Corporation) --,.. • R Tit 1 e. ATTORNEY-IN-FACT (Attach acknowled9ement of Attorney in Fact) A JOINT VENTURE (Notari al acknowledgement of execution by all PRINCIPALS and SURETY must be attached.) j . \· ( ' . ' UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY ·MOW ALL MEN BY THESE PRESENTS, Thllt tho UNITED PACIFIC INSURANCE COMPANY, 1 mrpor■tion duly or111nlnd under tho lows of tho ._:-11• ot Wahington. dDIII tllniby m1ke. CDMtitutt and appoint OWEN M. BROWN of ANAHEIM, CALIFORNIA--- ill true and l■Mul Attornay-in•Fact, to make, eaec:ute, •' ■nd d■livw for and on lb behalf, and• its Kl and. deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP------ and to bind the UNITED PACIFIC INSURANCE COMPANY thereby II fully and to the ume extant 11 if such bonds and undertakings and other writings ablig11ory iri the naturw thlnot were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed end anested bv one other ol such oflicer1. ■nd hlrllby r~tifiel and confirms 111 that ill uid Attornavld-in-F1c1 mav do in pursuance hereof. Th11 Power of Anorney ii granted under and by authority of Artie .. VII of the By-Laws of UNITED PACIFIC INSURANCE COMPANY which bec.tnw eftec1ive ~Ptember 7, 1978, which provilions ■re now in full form ■nd effact, r■■ding as follows: ARTICLE VII -EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chlirm1n of the Board, any s■nior Vice President, any Vice President or Auisutnt Vice President or other officer dH19nau,d by the Board of Oiree1ors 1hlll have power and au1hority to t■) eppoint Attorneys-in-Fact nnd to authorize them 10 execute on behalf of 1he Company, bonds and undertakings, recogniuncn. mntr1c:t1 of indemnity and other writings obligatory 1n the nature thereat, and lbl to remove any such Anornoy-in-Fact at any time and rltVDke the power and authority lii¥1n to him. 2. Anorney1•in•F1ct shall have power and authority, aubjeci to the terms and limitat1on1 of the power of attorney issued to them, to execute and deliver on behalf of th■ Company. bonds and undertakings, recogniuncn. contracts of indemnity and olher wri1ings obligatory in the nature thereof. the corporate MIi ii not MCftlltY for the validity of any bonds and undertaking., recogniunces, contracts of indemnity and other wmings obligBtory m the nature lh■reol. 3. A1torney1-in-FK1 shall hive power and authority to H■cute effid■vitl requirld to be attached to bonds, recognizances, contracts ot,mdem- n11y or other conditional or obligatory undertakings and they shall al10 hive power and authority 10 cenify the financial statement of the Company &nd copees of 1he By•LIWI at the Company or any artic:te or IKl'ion th•reof. n,1IS power of attorney is ■ignad and -■led by facsimile Under and by authority of the following Resolution adopted by the Boerd of Directors of UNITED PACIFIC INSURANCE COMPANY•• 1 m■eting held on thl 5th day of June, 1979, 11 which a quorum w.s presen1, ■nd 11id Resolution has not been ■mended or repullld: .. Resolwd, th■t lhe 1ign11ures of such directon and officers and th• ••I of the Company may be affixed 10 1n-y such power of ■Horney or any c:enific:ate r■l■ting therelo by facsimile, and eny such powrer of.attorney or c:enifictte bearing such facsimile 11;n1tures or t■csimile -■I lhlll be v■lid and binding upon lhe Company end any such pc,wer IO executed and certified by facsimile sign■twn and f■climile sul shall be v■lid ■nd binding upc,n the Company in the future with respect to any bond or unden■king-to which ii is attached." IN WITNESS WHEREOF,tha UNIJEP PACIFIC INSURANCE COMPANY hl1 c■ulld tbe,e pri!unu to be 11gned by its Vice President, and its corporale , .. 1 to ... horoto.1llixed, this !>tn d■y of March -19 84 NV r. ,/(,,~ / STATE OF, COUNTY OF On lhis 5th Washington King day of Vici P,nid■nt }a. March . 19 8'oerson■tly ■ppo■rod Charles B, Schmalz to me known 10 be lht Vic:e.Prnid■nt of the UNITED PACIFIC INSURANCE COMPANY, and acknowl■dgod that he ■•ecuted' and 1ues1~· the t0re• ,ooina 1n11rumen1 and 1ffixld th■ 11■1 of uld corporation therelo, and 1h11 Artk:ie·v11, Sec1ion 1. 2, and 3 of the By•L■w1 c;af Mid Company, lind 1he R..,lulion. lfll forth therein, •• ltill in full force. Mr Cammt1110n Exparn: July 20 86 ~kl.-~44~ ZPMl>lic in and for St■t• of Washington ,18 Fllsiding at f/J.lton _, Charles J • Falskow , Aa;nan1 Soaet■ry of the UNITED PACIFIC INSURANCE COMPANY, do hor■by conifv INI ••• llboWII and forego1ngt1 I true 1nd corrKI a,py of I Power of Attorney HICllled by Uid UNITED PACIFIC INSURANCE.COMPANY, which ii Hill in full force and efftcl. - IN WITNESS WHEREOF,.! ho• hereunto_, my hood end ■lfi-■d tho-of •Id C-,,y this 6th d■y of . 4 f~ Aai111nts■Cfa11ry C/.. .. ta..P, ~k-- llDU•l'31 Ed. ,SO ~~ 7 JULY 11184 Page 12 ?- DESIGNATION OF SUBCONTRACTORS The undersigned certifies he/she has used the subbids of the following listed Contractors in making up his/her bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specification~. No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Carlsbad. The following" information is required for eath subcontract6r. Additional pages can be attached, if required: · Items of Work Fu 11 Company Name Complete Address w/Zi_e Code --___ 5_a_-e_ 1trr11e11CJ) -------------! ' ,. ; f. ' • Phone No. w/Area Code ________ ,CALCO CONSTRUCTION ________ _ General Engineering Contractor ' SUB-CONTRACTORS Poinsettia -Listed on bid Gunite Mission Gunite, Inc. 11929 Woodside Ave Lakeside CA 92040 619 -562-4450 374889 -c-61 Electric Select Electric 4580 Federal Blvd. San Diego, CA 92102 619-263-7223 F.nsfe 297034 C-10 Minor Structures Tatlock Structural Concrete P.O. ·!lox G El Cajon, CA 92022-2231 · 619-579-7527 Curb and Gutter Mondale, Inc. 7370 Mission Gorge Road San Diego, 92120 619-583-9364 Bob Whit~ Base and A/C pavement- Fence !'-: 1 , ... --:-... -:-~r.3.d:ing and Paving .l1u!. 2150 N. Centre City Pkwy Escondido, CA 92026 619-743-3007 Bill Meyers Atlas Fence P .0. Box 13248 San Diego, CA 619-232-1151 Dean Fern 92113 Pre-Stress Pre-cast slabs • . ; ·,~ Tanner Pre Stress 12167 Arrow Highway Etiwanda, CA 91739 Mei \2.1-'I T"'-.t>JNl'i:Q. -<.:,oz.-2(o2. -I~ 7 8 Phoenix, Arizona •• --(_ 7_t:1_-_q_2,_i_-_'-_?_._;_r\. BOX 1171 • CARLSBAD, CA 92008 • (619) 434-3151 ..y:)\\ \J £,()12.KL ..... , ,~~-. ' __________ CALCO .CONSTRUCTION~--.....,.....---- General Engineering Contractor """ ·:1b-contractors -Poinsettia Lane Carlsbad ' Rebar 1lafeT Steel Co -Listed on bid 5915 Mission Gorge Road P.O. Box 2007 San Diego, CA 92120 Bob Lance 619-281-5575 Pile Driving Foundation Constructors Inc. not listed on bid P.O. Box 1167 Fontana, CA 92 ',.~ 714-350-1584 nnn .Johnson ' ·---/ Ji ',. ./ '---------P. O.\BOX 1171 • CARLSBAD, CA 92008 • (619) 434-3151 _______ ,~ • _, ., • .. -..,.. -,-.--------·-·-~ -' -. , -.. -.--. ---- COUNTY OF N DIEGO SS. STATE OF CALIFORiIJt } On this 5th day or july , in the year 1984, before me, the undersigned, a Notary Public in and for said County and State, personally appeared :::::-------------Wm. A. Corn -:--------------, personally known to me (or proved to me on the basis of satisfactory evidence) to be ------or the partners or the partnership that executed the within instrumen~, and acknowledged to me that such partnership executed the same. Signature 0 _____ C_a~r.:..:l.:acL:+..::=M7a::;r-:t;i::.n~------ Name (Typed or Printed) · OFFICIAi.SEAL I CARLA L MARTIN1 NOTARY PUBLIC , CI\L•Fmt,.IA PRl~CIPAI 01:•·1,:r fJI GAN DIEGO COUNTY , MyCommissionExplresDec.14, 1987 • • ~r :· .. - .,'· ' Notary Public in and for said County and State 1-119 I /83 MAINE FOR NOTARY SEAL OR STAMP -·-----·-·--·------· j . ' tl'Pr6p0sar tor G1t:y or GarLBD11u-pc,i;c· LLt .._. • ._.._..,_,. u· ... v••-_._ ------c -~-J INDIVIDUAL ACKNOWLEDGEMENT } ss, COUNTY OF __ B::.a::no:..cD::.:ie::..,.go=------' STATE OF CALIFORNIA On July 6th, 1984 before me, the undersigned, a Notary Public in and for said County and State, personally appeared -------Charles J. Lumsdaine------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that ----he executed the same.rle Becky S Treadway Name (Typed or Printed) BA 270 (7/82) FOR NOTARY SEAL OR STAMP r ',; .. '" ' - • Page 13 ' DESIGNATION OF SUBCONTRACTORS continued The bidder is to provide the following information on the subbids of all the listed subcontractors as part·of the sealed bid submission. Additional pages can be attached if required. Full Company Name . . r<\1'5S\ oµ G-11,fS?d,:f, A+las feqe.e. :U -i Al e,c :::?re S+ress ~~Q2--~ ( E:.,£_~ I Type of State Contracting License & No. Carlsbad Business License No.* Amount of Bid ($ or %) z_.0/0' 1,7°/.:,• 2-. C:, o/,, *Licenses are renewable annually by January 1st. If no valid license, indicate "NONE". Valid license must be obtained prior to submission of signed contracts_. (Notarize or Corporate Seal) CALCO Construction Bidder's Company Name P.O. Box 1171 • .. C rirtartciei resoonsibility, PAie 14* INDIVIDUAL ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Diego } ss. On July 6th. 1984 before me, the undersigned, a Notary Public in and for said County and State, personally appeared -------Charles J, Lumsdaine------------ personally known to me (or prQved to me on the basis of satisfactory evidence) to be the :i person whose name is subscribed to this instrument, and acknowledged that ---he------executed the I '! Becky Name (Typed or Printed) BA 270 (7/82) STATE OF CA_LI_F_~ __ D_I_E_G_O _____ } SS. COUNTY OF Onthis Sthd,yof ,Jnly ,lntheyear ]964. before me, th~ undersigned, a Notary Public in and for said County and State, pew!'Y 'l'll'.°"relm-n----------- --------------• personally known to me (or proved to me on the basis of satisfactory evidence) to be one of the partners of the partnership that executed the within instrument, and acknowledsed to me that such partnership Carla L. Martin Name (Typed or Printed) Notary Public in and for said County and State 1•119 1/B3 MAINE -:. FOR NOTARY SEAL OR STAMP 0Ff1CIALS£AL . BECKY S. TREADWAY HOTMIY PUBUc • OOJfORNIA Principal Ofllco In Sin Dillll Olunty Mr r.ommluh,n Expi11111 Feb: 10, 1 ! . · .. OFFICIAL SEAL J CARLA L MARTIN NOTARY PUBLIC • CIL•FnRhlA ,AINCIPAl l')Ft·ir:t ,,. SAN 01[00 COUNTY MvCommi,sionExplroaOec.14, 1987 IH!'Jt9t'lltH/O/\IMIIID~ FOR NOTARY SEAL OR STAMP .. ' ~· . _· 1 ., · .. • .. a i • • · Page 14 '\. I" BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a notarized or sealed statement of his/h~r financial responsibility. CALCO Construction has financial statement on file with the City City of Carlsbad----see Richard Allen (Notarize or Corporate Seal) ~.re ' _.__. I . ··. . . ~ .. *Bidd4r1s Stateinent of Technica1 ~i,:ii:tty-and -~erience, ~ase is* INDIVIDUAL ACKNOWLEDGEMENT :-_/:. · .. \: •, · ... •• I ' '" . : .. j . ... ' ' .. ·1 ... ' r .j STATE OF CALIFORNIA COUNTY OF San Diego On July 6th, 1984 before me, the undersigned, a Notary Public in and for said County and State, personally appearect-----------Charles 'J. Lumsdaine---------, personally, known to me (or Pr<lVed to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that-----he------executed the samerJSe£ JJua . 0 "~'"~ ' Becky S Treadway Name (Typed or Printed) BA 270 (7/82) .. · FOR NOTARY SEAL OR STAMP OfFICIAL SEAL . • BECKYS. TREADWAY NOTARY PUBLIC • CALIFORNIA Principal Office In Sin Diego County My Commission Explra Feb. 10, ---------------_,, __ 0 • ii i STATE OF CALIFORNIA COUNTY OF SAN DI EGO } ss. On this 5th ~ay of ,Jn) ¥ , in the year J 984 . before me. the undersigned, e Notary Public in and for said County and State, aersonallE appe,ared T-----------·wm. l'\. Lorn -------------• personally known 10 me (or prig~ e to me on the basis of satisfactory evidence) 10 be ------of the partners of the partnership that executed the within instrument, and ncknowledsed to me that such partnership executed the same. . . Signature 0i&aem~ Carla L. Martin Name (Typed or Printed) Notary Public in nnd for said County nnd State 1-J19· 1/83 MAINE .. C OFFICIAL ~';,~ ARLA L MA. No••~r •us, RT!N PR1Nc•PA1 •co,c"uFn5t,.,~ I s ,,er. •~ MyCo,nmt~i DIEGO_ COUNTy ontrp1resDec. 14, 1987 FOR NOTARY 8EAL})R .STAMP -----'---- ;, ' ' ' BIDDER'S STATEMENT OF TECHNICAL .ABILITY AND EXPERIENCE Page 15 The Bidder is required to state what work of a similar character to that included in the proposed contract he/she has successfully performed and give references~ with telephone numbers, which will enable the City to judge his/her responstbility, experience and skill. An attachment can be used, if notarized or sealed. Date Contract Completed Name and address of the Employer Name and Phone No. of Person to Contact Type of Work Amount o1 Contrac1 I I I I I ___:C:!:AL=CO~C::.o~nd,~I t~ra!:u~c.l:;ti!.lo~n!....!!ahaa5s!.....!!s.i.tae.Jt.saei!!!m~enwtl.....llP.l.f4f1..1:E~G.t1.liNlll.lLl.G.aAJ.1,,. • ...1.A1.1:Bu.U.1,,.IuTY1:.I.....e.JANDw·1..,i:;E,xiy~E:;i;R~IE:HWIC;:JiE"-----+----I ON FILE WiTH THE CITY OF GARLSRAp -t SEE BlCHABD AJJEN I I · I I I . . I --------------1----------------.......----' I I I ----+-------------1-----------------1----' I -----------------,1--~-------------.......----' I -----;~--------1---------,f--------+---' I --------------1----------------.......----' I -----'----------'-----------''---:e-----"----' (Notarize or . re Corporate Seal) - - ... CALCO CONSTRUCTION · (A California Partnership) Financial Statements. For the Period April 1, 1983 (Inception) to December 31, 1983 (with Accountants' Compilation Report) __ ... The Partners of Calco Construction PANNELL KERR FORSTER Certified Public Accountants 1420 Bristol Street North N""'P()fl Beach, CA 92660 Telephone (714) 752-9404 We have compiled the accompanying balance sheet of Calco Construction (A California Partnership) as of December 31, 1983, and the related statements of operations, and changes in financial position for the period April 1, 1983 to December 31, 1983, in accordance with standards established by the American Institute of Certified Public Accountantg. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially aH of the disclosures required by generally accepted accounting principles. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the company's financial position, results of operations, and changes in financial position. Accordingly, these· financial statements are not designed for those who are not informed about such matters. - March 20, 1984 ' CALCO CONSTRUCTION Balance Sheet December 31, 1983 (See Accountants' Compilation Report) Current assets Cash Contracts receivable Total current assets Plant and equipment Construction equipment Autos and trucks Accumulated depreciation Total plant and equipment Total assets Assets Liabilities and Equity Current liabilities Accounts payable -trade Accrued payroll taxes Notes payable -Union Bank Total current liabilities Partnership equity Draw Net income/loss current year Ending partners capital Total liabilities and partnership equity 2 $ 33,651 50,656 84,307 45,594 1,500 (9,802) 37,292 $ 121,599 $ 3,710 321 so,ooo 54,031 (146,000) 213,568 67,568 $ 121,599 > CALCO CONSTRUCTION Income Statement For the Eight Months Ended December 31, 1983 (See Accountants' Compilation Report) Revenues Contract revenues Other revenue Total revenues Direct costs Equipment rental Equi~ment repair Materials and supplies Subcontractors Job expenses Rent Trucking Direct labor and payroll taxes Survey Utilities Fuel Bonds and permits Cost of revenue Gross margin General and administrative expenses Depreciation expense Dues and subscriptions Employee welfare Plans Insurance Office rent Office expenses Telephone Other Total general and administrative expense Operating income Other income/expense Interest expense Other income/expense Net income $ 1,001,292 968 $ 1,002,260 187,617 21,934 12,271 160,021 21,038 4,950 162,557 135,695 558 15,182 26,266 858 748 947 253,313 9,802 586 213 4,030 16,505 392 1,290 4,678 279 37 775 215,538 l 970 l 970 213,568 3 99.90 .10 100.00 18. 72 2.19 1.22 ~5.97 2. 10 .49 16.22 13.54 .06 1.51 2.,;2 .09 74.73 25.27 .98 • 06 .02 .40 1.65 • 04 . 13 .47 .02 3.77 21.51 -.20 -.20 21.31 .. · CALCO CONSTRUCTION (A California Partnership) Statement of Changes in Financial Position -Cash Basis For the Period Aprill, 1983 to December 31, 1983 (Unaudited) Source of funds Net income Depree ia t ion . Funds provided by operations Net bank loans Trade and payroll taxes payable Total sources Uses of funds Purchase of equipment Increase to contracts receivable PartneI's' draws Total uses Increase in cash and balance at December 31, 1983 See accountants' compilation report $ $ $ $ 4 213,568 9,802 223,370 50,000 4 031 I 277,401 47,094 50,656 146,000 243,750 33,651 rnco r.nNs1'1>l'r.TJn111 (A California PartnP.rshin) -Finnncial StatP.rnents For thP. Pprio~ Anril 1, 1981 (Tnceotion) to nPcenher 11, 1083 (with Acconnt~nta' COMpilation Report) ., The Partn~rs of l..tlco Cnn~tructi.on ~e have co~niled the acco~o~nvinr ~al~nce sheet of Calco Construction (A California Partnership) as of llecemher ~I, lg.RJ, and thP. related state~ents of operations, and changes in financi~l position for the oeriorl Aoril 1, 19P3 to O,ece,,.her 31, [Q83, in accordance with stan~ards estahlished bv thP_American Institute of Certified Puhlic Accountants. A compilation is limited to ~resePting in the forM of financial st;itements information tl-iat is the representation of ""lanagereent. He have not audited or revie""1prl the acco!'l'lr,anyin.e: financial statetn.ents and, accordinely, no not ~xpress an opinion or anv other for~ of assurance on them. "anavement has elected to Ol"it substaPti.ally all of the disclosures reouireci l--y rrenerallv acceptP.d .1ccountin~ r,rincinles. Tf tl,e omitted rfiscl.osures were· inc1uc1erl in thP. financial staterie-nts, thPv mi'!ht .. influence the user'!!; conclui::;ions arout the cotT1r,anv' s fin;mci i1l nC'lsition, rP.sults of ooerat:.ions, and chanP.es in financial nosition. -~ccorrlinC?lv, theRe fjni1ncial ~tRtf..':tN?nts are nnt <lP~ic,;ne:<l fnr those who are not i.nforrned a\,{'11t !=luch matters. '-'arch 20, lC'l~4 . CALCO CONSTRIICTION Ralance Sheet DP.cember 31, 1983 (See Accountants' Comoilation Reoort) Current assets Cash Contracts receivAhlP. TotRl c11rrent assets Plr\nt and eouirment Constructinn e~uipMent Autos and trucks Accumulated depreciation Total olant and equio~ent Total assets Assets Lia~ilities and le11itv Current liabilities ·A:ccounts nayable -trade Accrued oayroll taxes ~iotes 11ayable -1lnion Rank Total current lia~ilities Partnershio eouity nraw Pet incor-ie/loss current year F.nding n~rtners cP.nital Total liabilities and partner~hip equity 2 s 33,651 50 f\ 56 P.4,307 45,594 I , 500 (q 1'02) 37,292 s 12115g9 ~ 3,710 321 5'1 n00 54 f13 I ([46,000) 213,5~8 ~7,561' $ 12[,5Q9 CALC:O CONSTR\lCtI<lN Income Statement For the Eight '1onths f.nded December 31, 1QR1 (See Accountants' Compilation Report) ~evenueR Contract revenues Other revenue Total revenues nirect costs ~nuir~ent rental ~quin~ent reryair Yaterials and sunolies Suhcontractors Job exr,P.nses ll.ent Trucl<inv Direct labor and payroll taxes Survey Tltilities l'uel ~onn$ an~ permits Cc,st of revenue Gross Mar~in r.en~ral and ad~inistrative exrenses PP.preciation exoense nues and suhscriptions ~wployee wplfRre Plans tnsurance f'fficP rent nffice e>C"penses Telenhone f'ther Total ~P.nP.r~l and administrative expense Ooeratino; incor.i.P. nthcr i~conP/P~oen~e Int~rest exnP.nse 0trP.r incomP./~~nense ,.7et incone $ 1,001,292 %8 1,002,260 1~7, H 7 2],Q34 12,271 16fl, '12 l 21,038 4, 9'i0 162,557 135,695 ,58 15,li:\2 26,266 e58 74R,947 .253,313 9,802 5R6 213 4,03(1 16,'iO'i 392 l,2Q'l 4,678 z7q '.17, 77 5 215,'i3R 1,01n 3 99. 90 • Io inn.no ]1'.72 2. 1 q 1.22 15.97 2.10 .4Q 16.22 13.54 .06 I. 51 2. 62 .09 74.73 25.27 • 9!! • Ni .n2 .40 J.li5 .04 . 13 • 47 .n2 :i. 77 21. 5 I 21. 11 _CALCO CON~nUCTION (i California Partnership) Statement of Chan~es in Financial Position -Cash Basis For the Period April l, Jg83 to December 31, 1983 (Unaudited) SourcP. of funds 'let income nepreciation Funds provided by operations Net hank loans Trade and oayroll taxes oavahle Total sources l'ses of funds Purc~ase of equipment Increase to contracts receivable PartnP.rs' ctra,;,_,s Total uses Increase in cash and balance at nece~ber 31, 1Q83 See ncco11ntanti:' cnl'"lni lat ion reryr,rt $ s $ $ 4 213,568 9 802 223,370 so,ono 4 031 277,401 41, og4 sn,65fi 146,()00 243,750 33,651 ..... '. INSURANCE . . ~ '~ -., ;.: •. . .. . . . . '.---~-·. .. ! -', . June 12, 1984 TO WHOM IT MAY CONCERN . . .. · .•. • . : :, . ·.• . .·.:•:":·,/ SUBJECT:. CALCO CONSTRUCTION Gentlemen: SURETY BONDS , .. ·: . ._; ,.· . ·;.· _.,. Please be advised we have issued bonds on behalf of Calco Construction for· projects that vary in size from $300,000 to $6,000,000 through United Pacific Insurance Company. The Principals of Calco Construction, William Corn and Charles Lumsdaine, are experts in their field and a client in good standing with United Pacific Insurance Company's Surety Department. NM R Attorney-in-Fact. NITED PACIFIC INSURANCE COMPANY OMB/sbg J SERVING THE CONSTRUCTION (NDUSTRY June 5 ,. 1984 Calco Construction UNION BANK 5162 Princeton Ave. Westminster, California 92683 Dear Mssrs. Lumsdaine and Corn, This letter serves as your confirmation that Union Bank has committed commercial loans to a high of $500,000 in the past to finance working capital requirements for specific projects. We have currently extended a low six figure revolving line of credit to·Calco Construction which expires November 13, 1984. We look forward to continuing to service your banking requirements as a valued customer of Union Bank. Sincerely, \ . _ _, (£; .-,~ -:~·f:-;•.,•.-- _, : • J. • ... ! • .. Cynthia I. Borrero Vice President CIB:sw :/ • Orange ccu~Iy Regic"ial Head o·:•ce. 500 South r.'iair:. S11ee1 • Orc;ge California 92669 • (714) 558-5208 PO B::>x 1057 • Or2!":;:e. Califorr.·a 92659 ' Page 16 CONTRACT -PUBLIC WORKS This agreement is made this ~-ti\. day of A-u.~--, 19.U, by and between the City of Carlsba, California, a municipal corporation, (hereinafter called "City") and CALCO C.CA/~T,et.1c,10N whose -------------------------------· whose principal place of business is ~C/1.""-'-~~;.;..;;.l~S~IJ~IJ-.~j)---------- (hereinafter called "Gontractor".) City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified 1n the contract aocuments for: CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD CONTRACT NO. 3079 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and perso.nnel to perform thi work specified by the contract documents. 3. Contract Documents. The contract documents consist of this contract; the bid documents, including the Notice to Bidders, instructions to Bidders' and Contractors' proposals; the plans and specifications, and all proper amendments and changes made thereto in accordance with this contract. or the plans and specifications, and the bonds for the project; all of which are incorporated herein by this reference. 4 .. Payment. As full comp~nsation for Conttactor's performance of work under this contract, City shall make payment to Contractor per Section 9-3.2 of Standard Specifications for Public Works Construction, 1982 Edition. The closure date for each monthly invoice will be the 30th of each month. Page 17 Payment of undtsputed-contract amounts shall be contingent upon Contractor furnishing City with a release of all claims against City arising by virtue of this contract as it relates to those amounts. Extra compensation equal to 50 percent of the net savings may be paid to Contractor for cost reduction changes in the plans or specifications made pursuant to a proposal by Contractor. The net savings shall be determined by City. No payment shall be made unless the change is approved by the City. 5. Independent Investigation. Contractor has made an independent investigation of the Jobsite, the soil conditions under the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The contract price includes payment for all work that may be done by Contractor in order to overcome unanticipated underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for all loss or damage arising out of the nature of the work or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City. Contractor shall also be responsible for expenses incurred in the suspension or discontinuance of the work. However, Contractor shall not be. responsible for reasonable delays in the completion of the work caused by acts of God, stormy weather, extra work, or matters which the specifications expressly stipulate will be borne by City. 7. Change Orders. City may, without affecting the validity of this contract, order changes, modifications, deletions, and extra work by issuance of written change orders. Contractor shall make no change in the work without the issuance of a written change order, and Contractor shall not be entitled to compensation for any extra work performed unless the City has issued a written change order designating in advanc~ the amount of additional compensation to be paid for the work. If a change order deletes any work, the contract price shall be reduced by a fair and reasonable amount. If the parties are unable to agree on the amount of reduction, the work shall nev~rtheless proceed and the amount shall be determined by arbitration or litigation. The only person authorized to order 8. 9. 10. 11. 12. 13. Page 18 changes or extra work is the City Engineer. However, no change or extra work order in excess of $5,000.00 shall be effective unless approved by the City Council. Prevailing Wa~e. Pursuant to the Labor Code of the State of California, t e City Council has ascertained the general prevailing rates of per diem wages for each craft or type of worker needed to execute the contract and a sc.hedule containing such information is in the City Clerk's off_ice, and is incorporated by reference herein. Pursuant to Labor Code Section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Indemnity. Contractor shall assume the defense of and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury an.d liability of every kind, nature and description; directly or indirectly arising from the performance of the contract or work regardless of responsibility for negligence; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. The expenses of defense in~lude all costs and expenses, including attorneys fees, for litigation, arbitration or other dispute resolution method. Nothing in this paragraph. shall require Contractor to indemnify City for losses caused by the active negligence of City. Insurance. Contractor shall maintain insurance covering the liability stated in Paragraph 9 in the amount acceptable to the City Council and shall cause the City to be named as an additional insured on any policy of liability or property damage insurance concerning the subject matter or performance of this contract taken out by Contractor. Also, see Page 47 for Railroad Insurance Requirements. Workers' Compensation. Contractor shall comply with the requirements of Section 3700 of the California Labor Code. Contractor shall also assume the defense and indemnify and save harmless the City and its officers and employees from all claims, loss, damage, injury, and liability of every kind, nature and description _brought by any person employed or used by Contractor to perform any work under this contract regardless of responsibility for negligence. Proof of Insuranc~. Contractor shall submit to the City certification of the policies mentioned in Paragraphs 10 and 11 or proof of workers' compensation self-insurance prior to the start of any work pursuant to this contract. Arbitration. Any controversy or claim in any amount up to $100,000 arising out of or relating to this contract or the breach thereof may, at the option of City, be settled by arbitration in accordance with the construction industry rules ,----• I ,..;;·. ; ·•· .. :. _______ L .... ,. ----,-.· ..... ~-: ' ' . *C6ntract pocs & Specs for coust -~~ or Po1.nsi,tt;j A T,t1 tr Aw, En¢:/.oas to C1 shd BJ vd-kk INDIVIDUAL ACKNQWLEDGEMENT .,A$4!!.W&NGS ~ ... ~<(9 STATE OF CALIFORNIA COUNTY OF San Dieg!) } ss, On August 3, 1984 before me, the undersigned, a Notary Public In and for said County and state, personally appearecr-William A, Corn AND C,J, Lumsdaine.:. _____ , personally known to ·me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that ----they----·-executed the Becky S Treadway Name (Typed or Printed) BA 270 (7/82) FOR NOTARY SEAL OR STAMP .' . . -. . OFFICIAL SEAL • BECKYS. TREADWAY NOTARY PUBLIC • CALIFORNIA • Principal Office In San Diego County My CommiSSloli Expires Feb. 10, 1986 i I I I I I, I· ,, I I I --·-~----' • :, ' Page 19 of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any California court having jurisdiction thereof. The award of the arbitrator(s) shall be supported by law and substantial evidence as provided by the California Code of Civil Procedure, Section 1296. 14. Maintenance of Records. Contractor shall maintain and make avai I able to the City, upon request, records in accordance with Sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the California Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this contract. Contractor shall notify the City by certified mail of any change of address of such records. 15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section 1720 of the California Labor Code are incorporated herein by reference. 16. Security. Pursuant to the requirements of law (Governement Code Section 4590) appropriate securities may be substituted for any monies withheld by City to secure performance of this aontract or any obligation established by this contract. · 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Special Provisons'' attached hereto and made a part hereof. ~LO) . ~v-.:i"-;,'t\W C... T\ 0~ Confi'actor (Notarial acknowledgement of By '--)j ) 1 Y'-l.,, ~ execution by ALL PRINCIPALS l. - must be attached.) TitlfJ,I\Q,,'1.LL~o/ ,, By U J/L---€; / \' ~--~ -12 ~ Title • -v F 'CARLSBl ayor ATTEST: CALIFORNIA ~ ~ ,! /(a,..,J,. 47 City Clerk -. • • 'I i*contract Docs & ~pees for Const of Polhns~ttia. t.n fr Ave Endoes to Chbd Bi11cl p.26~! t .J • C . CEN'!'RAL :;,= INDIVIDUAL ACKNOWLEDGEMENT >-; . $AVUl\!GS . .. STATE OF CALIFORNIA CQUNTY OF San Diego } SS, On August 3rd, 1984 before me, the undersigned, a Notary Public in and for said County and State, personally appeared --------C;J Lumsdaine~--------------- personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that ----he--~--executed the Becky S Treadway, Name (Typed or Printed) BA 270 (7/82) FOR NOTARY SEAL OR STAMP ... -. . . . -. . - • OFFICIALSl!AL . BECKY S. TREADWAY NOTARY PUBLIC • CALIFORNIA Prinolpal Offk:& in San Diego County My Commission ElpiRIS Feb. 10. 1986 ---,, -,, ............ ·---------=------. ' ' • I 1· ' I 1-, ' . . ' . ' I • • ·• ,·· • Page 20 Contractor's Certification of Awareness of Workers' Compensation Responsibility. 11 ! am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply th such visions before commencing the performance of the work of 11 ' Premium charge for this bond included in charge for ,Performance Bond. Bond No. U 50 10 35· Executed· in Four (4) Parts Page 21 LABOR AND MATERIAL BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City Council of the City of Carlsbad, State of ~ California, by Resolution No. z,t,1f , adopted d,'fr-/?/ll~, has awarded to C/ltC,o 6o,11,;v'ifuc1!0/Vher«:afte: designated as the "Principal'', a contract for: CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD CONTRACT NO. 3079 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his/her or its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE , WE , CALCO CONSTRUCTION. A JOINT VENTURE as Principal, hereinafter designated as the "Contractor", and UNITED PACIFIC INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE MILLION sEv NTY FOUR THOUSAND FOUR HUNDRED FIFTY EIGHT & 40 lOOths Dollars ($ ld074.458 4IJ Sal sum e1ng one un re per cen o he estimate amount payable by the City of Carlsbad under the terms of the contract, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to pay for any materials, provisions, provender or other supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee. to be fixed by the court, as required by the provisions of Section 4202 of the Government Code of the State of Califor~ia. • •• ' [ • • ' ' STATE OF CALIFORNIA COUNTY OF San Diego } ss, On August 3rd, 1984 before me, the undersigned, a Notary Public in and for said County and State, personally appeared ------C, J, Lumsdaine----------, personally known to me (or prqved to me on the basis of satisfactory evidence) to be the -\ person whose name is subscribed to this instrument, and acknowledged that ---he-------executed the same. Becky S Treadway Name (Typed or P.ri nted) BA 270 (7/82) County of ___ ~O=R~A~N~G~E~----f SS: On this_2_6.ct_h ____ , day ot JULY FOR NOTARY SEAL OR STAMP . Of'flCIAL SEAL ,. a BECKY s. TREADWAY • NOTARY PUBLIC • CA~IFORNIA _ 1 . Principal Office in San Oieg°i~"i~ My Commission Expires filb. ' -' OWEN~M,,--. -,B""R"'O'"WN=---- personally appeared ---------------------, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that UNITED PACIFIC INSURANCE COMPANY in the year __ 1_9_8_4 ___ , before me Notary of Public executed the instrument. OFFICIAL SEAL BARBARA J BENDER NOTARY PUBLIC -CALIFORNIA OR.~NG'.: COUN1Y My comm. e;:pi~es JUN 15, 1938 "-'.°lY Commission expires _________ , 19 __ BDU-1818 ED. 6/83 (CALIF.I ., :t, • • • • . . I . . . .• Page 22 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 1192.1 of the Code of Civil Procedure so as to give a right of action to them or their assigns in any suit brought upon this bond, as required by the provisions of Section 4205 of the Government Code of the State of California. In the event any Contractor above named executed this bond as an individual, it is agreed the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surely above named, on the 26th day of _J_U_L_Y ___ _ --------· 198 __ . (Notarize or Corporate Seal for each Signer) 0 Contractor COMPANY Surety • PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. U 50 10 35 Executed in Four (4) Parts Premium: $7,947.00 Page 23 WHEREAS,. the City Counci 1 of the City of Carlsbad, State of~! California, by Resolution No. $29 , adopted~j--.Cs,/2/!z::., has awarded to CAv~ C?o/Y~;r;f c,Jc77oc( , hereinafter des~1~g~n~a~te~ecl"'a:'s""""=a~s....,.:t~h~e.:..,;."~P~r~1~n~c~i~p~a~lw"~,..!.....:a=c~o-nt~r-a-c~t~f-o_r_:--~- CONSTRUCTION OF POINSETTIA LANE FROM AVENIDA ENCINAS TO CARLSBAD BOULEVARD CONTRACT NO. 3079 in the City of Carlsbad, in strict conformi,ty with the drawings and specifications and other contract documents now on file in the Office of the City Clerk of the City of Carlsbad. WHEREAS, s.aid Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; ----... ---?' ' ---------.... NOW, THEREFORE, WE, (CALCO CONSTRUCTION, A JOINT VEN~-::-_: , as Principal, hereinafter~aes-f!j'/i"a'f'ea--g·;:"f&~"·co'rft'i''a or", and ,UNIT~D PACIFIC INSURANCE COMPANY , as Surety, o~li~Ar.!SN a~2vlN1rlfrriJmiRb~J\'JWAWt<roa~11IrlinM of Car 1 sbad, in the sum of FIFTY EIGHT' AD _________ ;_ _____________________ Dollars ($1,074,458.li , sai sum e1ng equa to one undre per cent (100%) of the estimated amount of th~ contract, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIG~TION IS SUCH that if the above bounden Contractor, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his/her or their part, to be kept and performed at the ti.me and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify··and save harmless the City of Carlsbad, its officers and agents, as therein stipulated, then this obligation shall become null and void; other.wise it shall remain in full force and virtue .. • . t:t:. t· fr· A.•·• vnciuas to (;J.soa ".vu ,-.2'f· :_l"~o-~•~·!...~-:.~-!.!:"~·::c:.1is:.Jf~o~t~C~o~!i~~Et::::r~o5£_1'::.~0l.::_ll~S:'.:e=.:.~l.ia~~n~~~·f"i"'~KiiKiiwu~G1~iENT :,~conttact u "~ " INDIVIDUAL ACKNOWLEDGEMENT am C j .f.' ~ ;l&l:i/S'Y SAVINGSe .. STATE OF c_AL_r_F_OR"-N"-l"-A..=!.==-----} ~-COUNTY OF San Diego August 3rd, 1984 before me, the undersigned, a. Notary Public in a~~~~:~:~d On _ _.::===...:::..:=c....::c....___ -------CJ. Lwnsdaine------------, County and State, personally appeared • . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, FOR NOTARY SEAL OR STAMP and acknowledged that ----he------executed the same. Becky S Treadway Name (Typed or Printed) BA 270 (7/82) . . . . OFFICIAL SEAL • BECKYS. TREADWAY NOTARY PUBLIC • CAl,JFORNIA Principal Offica in San Diego County My Commission ~RIS Feb. 10, 1996 ~ . . . . . . . . . . . ·------ '. -------- State of California, -----''-==:::__ ___ ' } SS: CountY of ORANGE On this 26th , day ot JULY in the year 1984 , before me Notary of Public personally appeared OWEN M • BROWN , personally known to me (or proved to me on the basis of satisfactory evidence} to be the person whose name is subscribed to this instrument as the Attorney-In-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that UNITED PACIFIC INSURANCE COMPANY executed the instrument. OFFICIAL SEAL BARBARA J BENDER NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY , My comm. e;;pires JUN 15, 1988 / lk,,._,.;.""""""'~~==~-~~-:::-,e::; ',j My Commission expires __________ , 19 __ BDU-1818 ED. 6/83 {CALIF.I • I l ; Page 24 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that any Contractor above named executed this bond as an individual, it is agreed that the death of any su.ch Contractor shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Contractor and Surety above named on the 26th day of JULY , 19 84 . ------ (Notariz~ or Corporate Seal for Each Signer) Surety • .• UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY 1_, ,:•~NOW ALL MEN BV THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, ti corporation.duly organized under the laws of the State of Washington, don hereby make,·mnstitute ■nd·1ppoint ) \ OWEN M. BROWN of ANAHEIM, CALIFORNIA--- its true and lawful Attornoy•in•F■ct, to make, e,cecute, 1011 and deliver for and on Its behalf, and es its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP------ and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and-undertakingsa_nd other writings obligatory in .the nature thereof were signed by an E,cecutive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms ell that its said Attorney Id-in-Fact may do in purs~nce hereof. This Power of Attorney is granted under and by authority of Article VII· of the By-Laws-of UNITED PACIF. IC INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:· ARTICLE VII -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 President or other oflicer designated by the ·eoard of Directors shall have power and authoriW to (al aj;,poinl Attorneys-in-Fact and to.authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity ~nd other writings obligatory 1n the nature thereof, and lb) -to remove any such Attorney-in-Fact at any ti~ and revoke the power and authority ~iven to him. ' 2. Attorneys-in-Fact shall have power and authoritv. subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, ~nds and.undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertaking;;,, recognizances, contracts of indemnity and other writings obligatory 1n the nature thereof. 3. At1orneys-in•Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional ·or obligatory undertakings and they shall also.have PDwer and authority to certify the financial statement of the Company and ;,o copies of the By-Laws of the Company or any article or section ther10f. This power of attorney is signed and sealed by facsimi!e under and by authority of the following Resolution adopted by the Board of Directors of UNITED.PACIFIC INSURANCE COMPANY iit a meeting held on the 6th day of June, 1979, at which a quorum was present, and said Resolution has not been 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 attorney or any certificate relating thereto by facsi·mue, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so e,cecuted and certified by facsimile signatures and facsimile seal s_hall be valid and binding upon the Company in the future with respect' to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNIJEP PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President,'and its corporate seal to be hereto ilffiJCed, this .. otn . day.of March 19 84 . STATE OF COUNTY OF On this 5th Washington King . day of NY ,._ ,,1., l<.a.. Vice Presid9nt }"· March . 19 81oersonallv appeared Charles B. Schmalz to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed and attested the. f0re- going instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said C0mpany, and the Resolution, set forth therein, are still in full force. My·Comm1u161'1 Expire,: July 20 , 19 86 ~~d<L·~A~ Notary Public.i~ and f(!! State of Washj ngton r Residing at Milt\)n, ~ ~~ : .. -· I, Charles J ~ Falskow , Auistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the J above and foregoing 11 • true and correct copy of a Power of Attorney ex9Cuted·by said UNITED PACIFIC INSURANCE COMPAr'.JY,'which is 'still m'1i.Al1 ., .• force and effect. -1 IN·WITNESS WHERE('.)F, I h■ve'her■unto set my.hand and affix-=t the ... I of 1■id Company thi1 26th day of JULY:: 19 34::S eou-,·•31 eo. 4/80 ~\ Assiruon, Sec:ralii,v ~C:::!L~.,~....,!!::~t~.._!:;,2~~•~~~~~,i6 ~~-!,,:!'·~' ii:!:!-~-::--......... .,. 7 Page 25 GENERAL PROVISIONS 1. PLANS AND SPECIFICATIONS The specifications for the work shall consist of the latest edition of the Standard Specifications for Public Works Construction, hereinafter designated SSPWC, as issued by the Southern Chapters of the American Public Works Association, the City of Carlsbad supplement to the SSPWC, the Contract documents, and the General and Special Provisions attached thereto. The Construction Plans consist of 15 sheet(s) designated as City of Carlsbad Drawing No. 234-4 . The standard drawings utilized for this project are the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Transportation, together with the City of Carlsbad Supplemental Standard Drawings. Copies of pertinent standard drawings are enclosed with these documents. 2. WORK TO BE DONE The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the project work as shown on the project plans and as specified in.the specifications. 3. DEFINITIONS AND INTENT A. Engineer: The word "Engineer" shall mean the City Engineer or his approved representative. B. Reference to Drawings: Where words "shown'', "indicated'', "detailed", "noted'', "scheduled" or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions unless stated otherwise. C. Directions: Where words "directed", ''designated", "selected" or words of similar -import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the City Engineer'' unless stated otherwise. Page 26 D) Equals and Approvals: Where the words "equal", "approved equal", "equivalent" and such words of similar import are used, it shall be understood such words are followed by the expression ''in the opinion of the Engineer" unless otherwise stated. Where the wor.ds "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. E) Perform and Provide: The word "perform" shall be understood to mean that the Contractor, at her/his expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified, or required to mean that the Contractor, at her/his expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools equipment, and transportation. 4. CODES AND STANDARDS Standard specifications incorporated in the requirements of the specifications by reference shall be those of the latest edition at the time of receiving bids. It shall be understood that the manufacturers or producers of materials so required either have such specifications available for reference or are fully familiar with their requirements as pertaining to their product or material. 5. CONSTRUCTION SCHEDULE A complete and detailed construction schedule shall be submitted by the Contractor per Section 6-1 of the SSPWC, 1982 Edition, at the time of the preconstruction conference. If the completion date shown on the "Notice to Proceed" letter is not met by the Contractor, he will be assessed the daily salary of the City Inspector'for each working day beyond the completion date, as damages. Page 27 Coordination with the-respective utility company for removal or relocation of conflicting utilities shall be requirements prior to commencement of work" by the Contractor. The Contractor shall begin work after being duly notified by an issuance of a ''Notice to Proceed" and shall diligently prosecute the work to completion within 240 consecutive calendar days from the date of receipt of said "Notice to Proceed." 6 . NONCONFORMING WORK The Contractor shall remove and replace any w·ork not conforming to the plans or specifications upon written order by the City Engineer. Any cost caused by reason of this nonconforming work shall be borne by the Contractor. 7. GUARANTEE All work shall be guaranteed for one year after the filing of a "Notice of Completion" and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor. 8. MANUFACTURER'S INSTRUCTIONS Where installation of work is required in accordance with the product manufacturer's directions, the Contractor shall obtain and distribute the necessary copies of such instructions, including two (2) copies to the City Engineer. 9. INTERNAL COMBUSTION ENGINES All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to City Noise Control Ordinance No. 3109, Carlsbad Municipal Code, Chapter 8.48. - 10. CITY INSPECTORS All work shall be under the observation of a City Construction Inspector. Inspectors shall have free access to any or all parts of work at any time. Contractor shall furnish Inspectors with such information as may be necessary to keep her/him fully informed regarding progress and manner of work and character of materials. Inspection of work shall not relieve Contractor from any obligation to fulfill this contract. Page 28 11. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract sha~l be read and enforced as though it were included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. 12. INTENT OF CONTRACT DOCUMENTS The Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the contract documents. Any items of work not indtcated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expjnse to fulfill the intent of said doc~ments. In all instances throughout the life of the contract, the City will be the interpreter of the intent of the contract documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise her/his subcontractors and materials suppliers of this condition of the contract will not relieve her/him of the responsibility of compliance. 13. SUBSTITUTION OF MATERIALS The Proposal of the Bidder shall be in strict conformity with the drawings, specifications, and based upon the items indicated or specified. The Contractor may offer a substitution for any material, apparatus, equipment, or process indicated or specified by patent or proprietary names or by names of manufacturer which she/he considers equal in every respect to those indicated or specified. The offer made in writing, shall include proof of the State Fire Marshal's approval (if required), all necessary information, specifications, and data. If required, the Contractor, at her/his own expense, shall have the proposed substitute, material, appar.atus, equipment, or process tested as to its quality and strength., its physical, chemical, or other characteristics, and its durability, finish, or efficiency, by a testing laboratory as selected by the City. If the substitute offered is not. deemed to be equal to that so indicated or specified, then the Contractor shall furnish, Page 29 erect, or install the material, apparatus, equipment or process indicated or specified. Such substitution of proposals shall be made prior to beginning of construction, if possible, but in no case less than ten (10) days prior to actual installation. 14. RECORD DRAWINGS The Contractor shall provide and keep up to date a complete "as-built" record set of transparent sepias, which shall be corrected daily and show every change from the original drawings and specifications and the exact "as-built" locations, si~es and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be 6~tained from the City at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer on completion of the work. 15. PERMITS The general construction, electrical and plumbing permits will be issued by the City of Carlsbad at no charge to the Contractor. The Contractor is responsible for all other required licenses and fees. 16. QUANTITIES IN THE SCHEDULE The quantities given in the schedule, for unit price items, are for comparing bids and may vary from the actual final quantities. Some quantities may be increased and others may be decreased or entirely eliminated. No claim shall be made against the City for damage occasioned thereby or for loss of anticipated profits, the Contractor being entitled only to compensation for the actual work done at the unit prices bid. The City reserves and shall have the right, when confronted with unpredicted conditions, unforeseen events, or emergencies, to increase or decrease the quantities of work to be performed under a scheduled unit price item or to entirely omit the performance thereof, and upon the decision of the City to do so, the City Engineer will direct the Contractor to proceed with the said work as so modified. If an increase in the quantity of work so ordered should result in a delay to the work, the Contractor will be given an equivalent extension of time. Page 30 17. SAFETY & PROTECTION OF WORKERS AND PUBLIC The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He/she shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall post danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes and falling materials. lB. SURVEYING Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying service within appropriate items of proposal. -No separate payment will be made. · 19. CODES, ORDINANCES, REGULATIONS & ABBREVIATIONS Reference to codes, ordinances, and regulations are to editions in effect as to date of proposals. Abbreviations are used for agencies issuing standard specifications as follows: Agency American Society for Testing Materials U.S. Government National Board of Fire Underwriters American Institute of Steel Construction American Standards Association American Concrete I~st.itute Underwriters Laboratories, Inc. Department of Commerce Standards Abbreviation ASTM Fed. Spec. NBFU AISC ASA ACI UL cs Page 31 SPECIAL PROVISIONS GENERAL SPECIAL PROVISIONS FOR CONSTRUCTION OF POINSETTIA LANE Page 32 The work embraced herein shall be done in accordance witn the Standard Specifications, dated January, 1981, and the Standard Plans, dated January, 1981, of Caltrans, and Standard Specifications for Public Works Construction (1979), insofar as the same may apply and in accordance with the following Special Provisions. · 1. DEFINITIONS -Wherever in the Special Provisions, Notice to Contractors, Proposal, Contract or other contract.documents, the following terms are as fo 11 ows: State City of Carlsbad Department of Public Works Director of Public Works CalTrans A.T.& S.F. Engineer, Chief Engineer Standard Specifications Laboratory City of Carlsbad City Engineer, City of Carlsbad City of Carlsbad Atchison, Topeka and Santa Fe Railway Company City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. CalTrans -The Standard Specifications, dated January, 1981 The laboratory to be designated by the City of Carlsbad to test materials and work involved in the contract. 2. DESCRIPTION OF WORK -The work to be done, in general, shall consist of construction of Poinsettia Lane from Carlsbad Boulevard to Avenida Encinas, which includes a 3-span prestressed slab bridge crossing over the Santa Fe Railway tracks and roadway embankment paving, drainage, and such other items or details not mentioned that are required by the plans, standard specifications, or these Special Provisions to be performed, placed constructed, or installed. / ..... :. _, Page 33 3. CLEARING AND GRUBBING -After acceptance of the contract pursuant to Section 7-1.17, "Acceptance of the Contract," of the Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes hereinabove listed for said item, will be included for payment in the first estimate made after acceptance of the contract. In determining the partial payments to be made to the Contractor, only the following listed materials will be considered for inclusion in said payment as materials furnished but not incorporated in the work completed: Precast prestressed slab units Steel HP Bar reinforcing steel 4. SOUND CONTROL REQUIREMENTS -Sound control shall conform to the provisions in Sect ion 7-1. OlN, "Sound Contra l Requirements," of the Standard Specifications and these Special Provisions. Construction equipment shall not be operated, nor shall engines of such equipment be allowed to run, between the hours of sunset to 7:00 AM, on Saturdays and Sundays. Minor deviations from this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor, if in the opinion of the Engineer, the work will be expedited and sound levels resulting from such work will not adversely affect the public. The requirements in this section in no way relieve the Contractor from responsibility for complying with local ordinances regulating noise level outside the limits of the State's rights-of-way. Ssaid noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers, or transient equipment that may or -may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices said for the various contract items of work involved and no additional compensation will be allowed therefor. Page 34 5. SUBCONTRACTING -Attention is directed to the prov1s1ons in Section 8-1.01, "Subcontracting," of the Standard Specifications and these special provisions. In accordance with the requirements of Sections 4100 to 4113, inclusive of the Government Code, each bidder shall, with respect to the items of signals ·and lighting, list in his Proposal: A. The name and the location of the place of business of each Subcontractor who will perform work or labor or render service to the Prime Contractor in or about the construction of the work or improvements, or a Subcontractor licensed by the State of California who, under subcontract to the Prime Contractor, specially facticates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent (.5%) of the Prime Contractor's total bid. B. The portion of the work which will be done by each such subcontractor; only one subcontractor shall be listed for each such portion. A sheet for listing the Subcontractors, as required, is included in the proposal. 6. PROJECT APPEARANCE -The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply: Debris developed during clearing and grubbing shall be disposed of concurrently with its removal, If stockpiling is necessary, the material shall be removed or disposed of weekly. 7, FLAGGING COSTS -The first paragraph.in Section 7-1.095, "Flagging Costs," of the Standard Specifications is amen·ded to read: "The costs of furnishing all flagmen to provide for passage of public traffic through the work, under the provisions in Section 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," will be borne equally by the Contractor. The costs of placing and moving the flagging signs and transporting the flagmen shall be considered as part of stands or towers for use of the flagmen shall be considered as part of the cost of furnishing flagmen. The payment of cost will be made by determining the cost of furnishing flagmen in accordance with the provisions in Section 9-1. 03, "Force. Account Payment," and paying to the Contractor such cost." Page 35 8. SITE CLEANING -The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily. Forms or falsework that are to be reused shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 9. LEGAL RELATIONS AND RESPONSIBILITY -The Contractor's attention is directed to the provisions of Section 7, "Legal Relations and Responsibility," of the Standard Specifications and these Special Provisions for the requirements and conditions which he must observe in the execution of the work. The Contractor shall cooperate with others in compliance with the requirements of said Section 7 of the Standard Specifications. 10. 10-1 Section Special CONSTRUCTION DETAILS ORDER OF WORK -Order of work shall conform to the prov1s1ons in 5-1.05, "Orders of Work," of the Standard Specifications, and these Provisions. The order of the bridge work shall be staged as follows: 10-2 MAINTAINING TRAFFIC -Attention is directed to Sections 7-1.08, "Public Convenience;" 7-09, "Public Safety," and 7-1.095, "Flagging Costs," of the Standard Specifications, and these Special Provisions. The Contractor shall be reponsible for all traffic control during construction, except train traffic which will be controlled as directed by A.T. & S.F. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. No compensation for extra work will be allowed for work performed as specified in Sections 7-1.08, "Public Convenience," and 7-1.095, "Flagging Costs," of the Standard Specifications. Page 36 Full a:rnµmsation for conforming to the requirements of this article shall be considered as included in the contract bid prices paid for the various items of v.0rk, and no additional canf€nsation will be allowed therefore. 10-3 COOPERATION Attention is directed to Sections 7-1-14, "~peration," and 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, and these Special Provisions. 'Ihe Contractor shall =rdinate all v.0rk with City, A.T.S.F., and utility canpanies involved in the project (see Section 10-5 "Cbstructions" l • Full a:rnpensation for conforming to this article shall be considered as included in the various contract items of work involved, and no additional canpensation will be allowed therefore. lQ-4 P:roGRESS SCllEDUIE The requirements in Section 8-1.04, "Progress Schedule, " of the Standard Specifications are superseded by the following: 'Ihe Contractor shall subnit to the Engineer a practicable progress schedule, ,including utility installations, within ten (10) working days of executicn of the contract, and within five (5) v.0rking days of the Engineer's written request at any other time. · 10. 5 OBSTROCTIONS -Attention is' directed to Sections 8-1. 10, "Utility and Non-Highway Facilities", and 15, "Existing Highway Facilities", of the Standard Specifications and these special provisions. 'Ihe contractor shall at all times maintain a vertical construction clearance of · 23 feet fran top of RR tracks and a horizontal construction clearance of 8 '-6" to ·centerline of tracks. The sixth paragraph of Section 8-1. 10, "Utility and Non-Highway Facilities", of the Standard Specificaticos is amended to read: Attention is directed to the p:,ssibliity that underground main or trunk lines may be in a location different fran that which is indicated on the plans or in the Special Provisions. 'Ihe Cbntractor shall ascertain the exact location of underground main or trunk lines whose presence is indicated on the plans or in Special Provisions, the location of their service materials or other appurtenances, and of existing service laterals or appurtenances of any other underground facilities. If the Cbntractor discovered underground main or trunk lines not indicated on the plans or in the Special Provisions, he shall imnediately give the Engineer and the Utility Cl:mpany written notification of the existence of such facilities. Such mains or trunk lines shall be located and protected fran damage as directed by the Ebgineer and the cost of such v.0rk will be paid for as extra work as provided in Section 4-1.03D. I:amage due to the Contractor's failure to exercise reasonable oare shall be repaired at his cost and expense. • Page 37 Section 8-1.09, "Right-of-Way Delays," of the Stamard Specifications STYJl] I.<· anitted. Full a:mpensation for conforming· to the requirements of this article shall be considered as included in the contract bid prices paid for the the various items of w:>rk, arrl no additional a:mpensation will be allowed therefore. 10-6 Dl6T CONI'ROL -Shall confonn to the provisions in Section 10, "D.Jst Control" of the Standard Specifications, arrl these Special Provisions. The second paragraph in Section 10-1.01, "Description," of the Standard Specifications is superseded by the following: Dust resulting fran the Contractor's performance to the w1::>rk or by public traffic, either inside or outside the right-of-way, shall be controlled by the Contractor, in accordance with the provisions in Section 7, "Legal Relations and Responsibility," of the Standard Specifications. Section 10-1.04, "Payment of the Standard Specifications is superceded by the following: No S!'parate payment will be made for any w:,rk performed or material used to control dust resulting fran the Contractor's performance of the w1::>rk, or by public traffic, either inside or outside the right-of-way. Full conpensation for such dust control will be considered as included in the prices paid for the various items of w1::>rk involved. 10-7 EXISI'ING HIGHWAY FACILITIES -The w:,rk performed in connection with various existing highway facilities shall conform to Section 15, "Existing Highway Facilities," of the Standard Specifications, and these Special Provisions. 10-7. 01 PAVEMENT REMOVAL -Pavement removal shall conform to Provisions of Section 15-2.02A "Obliterating Roads and Detours" and these Special Provisions. A.C. pavement removal shall include saw cutting, removal, disposal and adjustment of area to final grade as shown on plans. Payment for pavement removal shall be at a unit price per square fcot and shall be considered as full canpensation for pavement removal and no additional canpensation will be made. 10-8 1IDrolillZAT~J -@;i'l<i'Zat-ior1,._~$jjfr}1iace0raance:'W1't.n .. ~ctcionJ1 oD tlW.l,S~a_fq.;sfu'(.i!-f.:i:cafil:0hs~ . 10-9 CIEARING AND GRUBBING -Clearing and Grubbing shall conform to the provisions in Section 16 of the Standard Specifications am these Provisions. 10-10 WATERING Watering shall conform to Section 1 7 of the Standard Spe~ifications. Full a:mpensation for developing a water supply, furnishing all water, and applying water; shall be considered as included in the price paid for the various itans requiring ~~ter am no separate payment will be made therefore. i. Page 38 10-11 EARTHWORK -Earth\<.Ork shall confonn to Section 19 of the Standard Specifications and these Special Provisions. 10-12 EXCAVATION & BACKFILL (PIPE LINES) -Excavation and Eackfill for Pipelines (Water, Sewer, Drainage) shall conform to the applicable Sect ions of the Standard Specifications, and these Special Provisions. The individual contract prices paid for the various items of pipeline construction shall include structure excavation and backfill and no additional canpensations shall be allowed therefore. 10-12,01 EXCAVATION & BACKFILL (SIDPE PAVING) -Excavation and Backfill for Slope Paving shall be considered as included in the contract price paid for that item and no additional canpensation will be allowed therefore. 10-12.02 STRlal'RE EXCAVATION & BACKFILL (BRICGE) -Bridge Structure Excavation and Backfill shall confonn to Section 19-3 of the Standard Specifications. 10--12,03 .RellU:WAY EMBANKMENT a:NSTRUCTION Roadway Embankment Construction shall confonn to Section 19-6 of the Standard Specifications and these Special Provisions. Roadway Embankment shall be constructed to a height of 1 f=t · above finish curb elevations shown on plans and have side slopes of not less than 1-1/2: 1. All. roadway embankment material obtained when finish grading of roadway, side slopes and structure excavation shall spread and canpacted in 6" lifts ·along the east side of the railroad right-of-way north of Poinsettia lane to an elevation not to exceed 4 7. O feet. The contract unit price paid for roadway 8llbankment shall be considered as full canpensation for furnishing the material and palcement of material for all road1.vay 8llbankment \<.Ork shown on the plans and required by the Standard Specifications and these Special Provisions. 10--13 EROSIOO o:NTROL -Erosion control shall confonn to the provisions in Section 20--3, "Erosion Control", of the Standard Specifications and these Special Provisions. The \<.Ork shall consist of hydro-seeding erosion control material consisting of a mixture of stabilizing emulsion, fiber, seed, commercial fertilizer and water to 8llbankment slopes as shown on the plans. Before seeding the area to be hydroseeded shall be moistened to a depth of 4". Fiber shall be produced fran non-recycled \<.Ood such as \<.Ood chips or similar wood materials and shall be of such character that the fiber will disperse into a unifonn slurry \'.hen mixed with water. Water content of the fiber before mixing into a slurry shall not exceed 15 percent of the dry weight of the fiber. Fiber shall not be produced fran saw::lust or fran paper, cardboard, or other recycled materials. Fiber shall be colored to contrast with the area on \'.hich the fiber is to be applied, shall be nontoxic to plant or animal life, and shall not stain con=ete or painted surfaces • Page 39 stabilizing emulsion shall "be a concentrated liquid chemical that forms a plastic film up:,n drying and allows water and air to penetrate. 'The film shall "be n:,n-flanmable and sha+l have .an effective life of at least ooe year. Stablilizing emulsion shall be nontoxic to plant or animal life and nonstaining to concrete= painted surfaces. In the cured state, the stabilizing emulsion shall not be reanulsifiable. The material shall be registered with and licensed by the state of California, l:Epartment of Food and AgricuJ. ture, as an "auxiliary soil chemical." Stabilizing emulsion shall be miscible with water. at the time of mixing and application. Stabilizing emulsion :51all not be applied during rainy weather= when soil temperatures are below 40 F. Pedestrians or equipnent shall not enter erosion control areas after the erosion control materials have "been applied. Erosion control work shall not carmence until the rate and method of application of stabilizing emulsion have l:een approved by the Engineer. Seed shall consist of the following: Botanical Name (Camon Name) Atriplex semibaccata Gaillardia aristata Cerastium tanentost.nn O'Conner's Legume Pennisetum ruppeli Iobularia rnaritima Percentage (Minimum) Purity 90 90 90 Percentage (Minimum) Germination 90 90 40 Founis Per Acre 10 10 2 5 10 3 Before seeding, the Contractor shall furnish written evidence (seed label = letter) to the Engineer that seed not required to "be labeled under the California Foob and Agricultural Code confonns to the purity and gennination requirements in these Special Provisions. Seed designated without a purity or germination shall be labeled to inclUde the name, date (nonth and year) collected, and the name and address of the seed supplier. Seed at the time of sowing shall be :Eran the previous = current year's harvest. All legumes shall "be inoculated with a viable bacteria canpatible for use with that species of seed. The application rate for seed shall be the weight exclusive of inoculated materials. All inoculated seed shall "be labeled to show the weight of seed, the date of inoculatioo, and the weight and source of inoculant materials. Inoculated seed shall be sown within 24 hours of inoculation = shall be reinoculated. Page 40 '!he legume seed shall be inoculated as pr-ovided in Bulletin AX'I'-280, '"Pellet Inoculation of Legume Seed", of the University of California, A3riculatural Extension Service, except the inoculant shall be added at the rate of 5 times the anount recarrnended on the inoculant package. Seed shall be mixed on the project site in the presence of the Engineer. G:mnercial fertilizer shall have the following guaranteed chemical analysis: Ingredient Nitrcgen Phosphoric Acid Water Soluble Potash Percentage (Minimum) 16 20 0 Water shall_ be of such quality that it will pranote germination and growth of see:ls and plants • The erosion control materials shall be mixe:1 and applie:1 in tow application as follows: TI-le first application shall consist of the :following: ~.aterial Fiber Seed Ccmnercial Fertilizer Water Per Acre (Slope Measurement) 500 pounds 40 p:mnds 300 pounds As neede:1 for application '!he second application shall consist of the :following: Fiber Water Material Per Acre (Slope Measurement) 1500 potmds As needed for application The prop'.)rtion of erosion control materials may be change:1 by the Engineer to meet field conditions. Mixing of erosion control materials shall be i;erforrne:1 in a tank with a built-in continuous agitation system of sufficient operating capacity to produce a h:mogeneous slurry and a discharge system which will apply the slurry to the slopes at a continuous and uniform rate. TI-le tank shall have a minimum capacity of 1,000 gallons. The Engineer may authorize use of equipnent of smaller capacity if it is derronstrated that such equipnent is capable of performing all +he oi;erations satisfactorily. Page 41 The slurry shall be appied within 30 minutes after the seed has been added to the slurry. Moisten soil to a depth of 4" before hydroseedi ng. The weight of fiber wi 11 be determined by deducting from the weight of fiber, the weight of water in the fiber at the time of weighing in excess of 15 percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226, in the same manner as provided for determining the percentage of water in straw. Commercially packaged fiber shall have the moisture content of the fiber marked on the package. The weight of solids per gallon of stabilizing emulsion will be determined by multiplying the percent of solids in the emulsion by the weight per gallon of the emulsion. The percent of solids and th~ weight per gallon of the emulsion will be determined by California Test 402, in the same manner as provided for determining the percent of non-vo 1 at i1 e content and the weight per gallon of paint. "Plant Establishment" shall conform to Section 20-4.08 of the Standard Specifications. 10-13.01 PAYMENT -The contract lump sum price paid for erosion control, highway planting, and plant establishment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary to complete the erosion control, highway planting, and plant establishment as shown on the plans, and specified in the Standard Specifications and these Special Provisions and as directed by the Engineer, and no additional payment will be made therefor. 10-14 FINISHING ROADWAY -Finishing roadway shall conform to Section 22 of the Standard Specifications and these Special Provisions. 10-14.01 TRAFFIC MARKINGS AND PAVEMENT MARKERS -The Contractor shall install Traffic Marking and Pavement Markers as shown on plans or as directed by the Engineer, and shall conform to Sections 82 and 85 of the Standard Specifications. Lump sum price paid for finishing roadway shall include traffic markings and pavement markers and shall be full compensation for work done. 10-15 AGGREGATE BASE -Aggregate Base shall conform to Provision of Section 26, "Aggregate Bases," of the Standard Specifications and these Special Provisions. Aggregate base shall be Class 2 material. 10-16 ASPHALT CONCRETE -Asphalt concrete shall be Type Band shall conform to the Provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these Special Provisions. Paving asphalt shall be viscosity grade AR4000. Page 42 The aggregate gradings used shall confonn tothe following requirements: When the =npacted thickness of the asphalt concrete being placed is 0.10 foot or less, the 3/8 inch maximum grading shall be used; when the =npacted thickness being placed is between 0.10 foot and 0.17 foot, the 1/2 inch maximum, medium grading shall be used; when the =npacted thickness being placed is equal to or . greater than 0.17 foot, the 3/4 inch maximum, medium grading shall be used, or as directed by the Engineer. Inrnerliately in advance of placing ·the asphalt =ncrete, paint binder consisting of penetration type asphalt anulsion confonning to the Provisions in Section 94, "Asphaltic Emulsions", of the Standard Specifications shall be applied to all vertical surfaces and any existing pavement to be covered at a rate of 0.05 to 0. 10 gallons per square yard as detennined by the Engineer •. Where asphalt concrete is to be placed on aggregate base, a prime coat of MC-250 conforming to and awlied in accordance with Section 93, "Liquid Asphalts", of the Standard Specifications shall be installed. After paving, fcg seal Type ssrn confonning to Section 37, "Bituminous Seals" shall be applied. Payment for paint binder, prime coat, and fog seal shall be considered as included in the price paid for asphalt concrete and no additional cx:rnpensation will be allowed therefore. '!he contract price paid for asphalt concrete shall include full canpensation for furnishing all labor, materials, tools, equipnent, and incidentals, and for doing all the =k involved in =nstructing asphalt concrete, canplete in place, as slown on the plans, and as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 10.17 SI'EEL PILES -Steel piling shall confonn to the provisions in Section 49, "Piling," of the Standard Specifications, and these Special Provisions. 10-17. 01 FURNISHING STEEL PILING, ( CU\SS 70) -Steel piling for use in the proposed =k shall be HP 14 x 89 piles confonning to Section 49-5 "Steel Piles", of the Standard Specifications and the construction plans. 10-17. 02 DRIVE S'I'EEL PILES ( CU\SS 70) -Steel piles shall be driven to a bearing value of 70 tons each, as shown on the plans. 10-17.03 PAYMENT -Payment for steel piles shall confonn to Section 49--6, measurements and payment of Standard Specifications and these special provisions • 10-18 PRESTRESSJNG CililCREI'E -Prestressing provisions in Section 50, "Prestressing Specifications and these Special Provisions. 'Ihe first paragraph in Section 50-1.02, Spe~ifications is amended to read: concrete shall confonn to the Concrete, " of the Standard "Drawings, " of the Standard Page 43 '!he Contractor. shall suhnit to the Engineer, for approval in a=rdance with the provisia,s in Section _ 5-1. 02, "Plans and Working Drawings," =rking drawings of the pre-stressing system proposed for use. Fbr initial review, 3 sets of such drawings· shall be sul:rnitted. After review, between 6 and 12 sets,. as requested by the Engineer, shall be suhnitted for final approval and for use during construction. 10-18.01 PRECAST PRESTRESSED CWCRE'rE DECK SIAB ,.1\11 pre-fabricated bridge members shall be inspected at the plant and certification and testing reports shall be furnished to the City. \Sanpling and certification to be performed by an inde,:.endent qualified testing firm approved by the City. Test reports and certification to be performed" by an ·independent qua'l ified testing firm approved by the City. T\'st reports and certification shall be sul:rnitted to the City prior to delivery of materials to the job site. 'Ihe contractor's attention is directed to Sheet N:J. 11 of the plans indicating deck slab tie rods. 'Ihe holes for these rods will have to be cast precise in the deck slabs. All =ncrete for precast-prestressed deck slabs shall have a design mix of 7 sacks of canent per cubic yard. '!he =ntract price paid per each for precast-prestressed concrete deck slab shall. include full canpensation for furnishing and erecting, ccmplete in place, and no additional canp;,nsation will be allowed therefore. 10-19 CXJNCREI'E STRUCTURES -Portland canent con=ete structures shall =nform to the provisions in Section 51, "Concrete Structure," of the Standard Specifications and these special provisions. '!he contractor's attention is directed to the fact that the Pacific Telephone Canpany requires three 4" ducts in the bridge sidewalk on the south side and three additional ducts are required in the sidewalk on the south side. Pacific Telephone Canpany will furnish three 4" conduits and the Contractor will install all furnished =duits. 'Ihe Contractor will furnish and install the three 4" conduits for future utilities. Full canp;,nsation for conforming to this requirement shall be considered as included in the contract price paid for the con=ete and no additional payment will be made therefore. 10-19. 01 FORI'IAND CEMENT CWCRE:rE -lhless otherwise indicated, all· :Ebrtland Cement Concrete shall be made with Type II canent and have a strength of 3,500 psi. 10-19.02 MlNOR STRlCI'URES -Minor structures shall .include pipe headwalls, curb inlet and clean out structures and shall conform to Section 51-1.02 "Minor Structures" of the Standard Specifications and these Special Provisions. J::ernolition of portion of existing pipe headwall shall be included in the contract price paid for construction of concrete pipe headwall and no additional canpensation shall be made. Page 44 Minor structures will be paid for at the rontract lunp sum price per each, which price shall include full a:rnpensation for all excavation and backfill, all concrete and reinforcing.steel and miscellaneous iron and steel involved, frame, grates and covers conforming to Section 75 "Miscellaneous Metals" and no additional a:rnpensation will be made. Payment for the 6" thick =crete paved drainage depression shall be considered as included in the contract price paid for 'fype A curb inlet structure and no additional a:rnpensation will be made. 10-19, 03 HIGH STRENGI'H GROur: High strength grout shall confonn to the Standard Specifications, Section 51-1.135, "1-brtar" and these special provisions. Grout shall have a zn4rimum 28 day strength of 3000 psi. aggregate size shall be 1/4". Maximum 10-20 BAR REINFORCING STEEL -Bar reinforcing steel shall canfonn to the provisions in Section 52 "Reinforcement," of the Standard Specifications. 10-21 REINFORCED CXNCRETE PIPE -Reinforced Concrete Pipe the provisions of section 65, "Reinforced Concrete Pipe", Specifications and these Special Provisions. shall =fonn to of the Standard The 54" R,C.P. is to be installed for future use and the sealing of both ends shall be included in the contract price paid for the 54" R.C.P. 'Ihe contract price paid for the 18" R,C,P. to be installed for future use shall include sealing of one end. '!he contract price paid for the 30" R,C,P. to be installed for future use shall include sealing of both ends • '!he contract unit price paid for foot of R,C,P, shall inclu:l.e full compensation for furnishing all labor, materials, tools, equipment and incidentials, and for doing all =rk involved to install R,C,P. Complete in-place as shown on plans including earthwork and paving, as specified in the Standard Specifications and these special Provisions, and as directed by the Engineer, 10-22 SEWER PIDI'ECTION: Sewer Protection shall CCT1.fonn to Section 71, "S=wers" of the Standard Specifications and to these Special Provisions. 'Ihe unit contract price per foot of sewer protections shall include all earthwork, excavation and backfill, concrete and reinforcing to canplete work in place as shown on the plans and no additional a:mpensation will be made. 10-23 ADJT.ET EXISTING MH's: .Adjustment of existing M,H. 's shall confonn to Section 71 "Sewers" of the Standard Specifications and to these Special Provisions. Page 45 10-24 MISCEUl'.NEDlJS CXNCREI'E o::NSI'RLCI'ION Construction of cx:ncrete curbs, gutters, sidewalks and slope paving shall confonn to the provisions in Section 73, "Concrete Curbs and Sidewalks" of the Standard Specifications and these Special Provisions, Curbs~ gutters, sidewalks and slope paving shall be constructed of Class A Concrete confonning to the provisions in Section 90, "Portland Canent Concrete", of the Standard Specifications. Payment for sidewalk ramps will be included in the contract un{t price paid for concrete sidewalk and no additional canpensation will be made, Miscellaneous concrete construction will be paid for en the basis of whatever unit is designated in the contract item. Such payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing curbs, gutters, sidewalks, and slor:e paving a::mplete in place, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. ~."!$fe:te,m.,itet-iasrrail>lwbe ■~~~j,¥,~~-~asg14ip).lacefw14p-,ff.x&:1t7 10-26 METAL BEAM GUARD RAILING -Metal Beam Guard Railing shall copfonn to section 83, "Railings and Barriers" of the Standard Specifications, 10-27 CHAJN LINK FENClNG -Chain Link Fencing shall confonn to Section 8Q-4, "Chain Link Fence", of the Standard Specifications and these Special Provisions, For Chain Link Railing 'fype 3L, See Exhibit-I. 10-28 UI'ILI'I'Y RELOCATICN -Utility Relocation shall include the acccmrodation of the temporary and final relocation of the utilities shown on plans and provide all material, equipnent and labor required for relocating water line, The contract price paid for utility relocation shall be at a lump sum price to include the providing of all materials, equipnent and labor required for utility relocation as shown on plans and indicated in these special provisions. 10-29 Invert modification to existing 30" R.C.P. The contract= shall, by an an approved method, modify the invert slope of the existing 30" R.C.P. as shown on the plans. O:mpliance with all O.H.S.A, requirements is required. The lunp sum contract price for perfonnance of this w=k shall be considered as full canpensaticn f= furnishing all materials, equipnent and ·1abor for doing all work involved in the invert rrcdification as shown on the plans, as specified in the Standard Specifications and these Special Provisions and as directed by the Engineer. 10-30 PIPE JACKlNG -Jacking of RCP pipe shall confonn to the provis1.ons in Section 65-1.05, "Jacking Pir:e", of the Standard Specifications and these special '>revisions. Page 46 10-31. TEMPORARY PRIVATE RAILROAD CROSSING -If the contractor des ires to cross AT&SF right-of-way (including tracks) at any time, the contractor shall execute an agreement with the AT&SF Railway. The isntallation of this crossing is entirely the option of the contractor. The AT&SF Railway will construct the crossing within their track limits and the · costs shall be paid by the contractor to the AT&SF Railway for this crossing work .. In addition, the contractor shall submit for approval to the Railway and the Engineer, shop drawings showing the haul route layout and typical section fo the haul road approaches within the railroad right-of-way. A sample agreement to be executed between the AT&SF Railway and the contractor . is included in the bid package for the contractor's information. (See Pages 73- 79.) 10-31.01 PAYMENT -The contract lump sum price bid for temporary private railroad crossing shall include full compensation for furnishing all labor materials, equipment, and payment of all contract agreement fees for doing the work required for construction of a temporary railroad crossing if included at contractor's option. If the contractor does not intend to have a tempor-ary crossing constructed, enter zero dollars ($0) for this bid item. !?age 47 EXHlBl'r "C" RELATIONS Wt!H RAILWAY COMPANY -1.01 Ceneral.--The Contractor, .:is ., prec-equi.site for award, shall he 1;atisfac:cnry a'I to his rP-.1,1nn.c1ihi \ ily ,1ml .ihi. \ i.ty tn perform thP work over and acrou the propPrty ,1nd over or tinder the tr,1ck.'I ,,r fhc Atchiqon, Topeka and S.mc 1 F~ Railway Cnmp,1ny. tc is expected that The Atchison, Topeka and Santa Fe Railway Company will cooperate with the Contractor rn tho.? end that the work may be handled in an efficient rfianner, but the Contract~r shall have nn claim for damages or ~xcra comp1?nsation in the event his i.,ork is held up by the work of Che Railway Company forces. -1.0Z AgrPemenc.--Before doing any work on Railway right of way, or prorerc~, the Contractor will he rE"qnired to Pi<ecuce and deliver Co The c\Cchison, Topeka and Santa Fe Kailwav Comp.tny a leccer agrPPmPnt, in ChP. form attached hereto, obligating the Contractor to provide and keep in full force and effect the in!lurance called for under "insurance" of these special provisions. -l.03 Railway Requirements.--The Gontractor shall cooperate with The Atchison, Topeka and Santa Fe Railway Company where work is over or ,wder the tracks, or within the limits of Railway property in or,ter to expf'dite thP. work 1nd to avoid interference with the operation llf Railway equipment. 111e Contr:1cc,,r <iollall cnmp\y wirh th,· ru\rq and rPgularinn!I of R11ilway or thP instructioni-1 of it!I rf'p11•!-tr11L:1tiv,•!-I in r,•lRtion t11 ,lh' pr,,111·1 m,mner ,,r protectina th~ tr11ck!'I ancl prupcrty of Railway and th,· tr.1ffic 111ovimi: ,,n such tr.1cks, ,1s wrll as the wires, Signals and other property of Railway, its tenant~ or licen~ees, at and in the vicinity of the work durinR the period o~ construction. The Contractor shall perform his work in such manner and at such times as shall not endanger or interfere with the safe and i:imely oper.'.lcion of the tracks and property of Railway and the traffic moving on such tr.-ic:ks, as ~ell as wires, signals and other property of Railway, its tenants or licensees, at nr in the vicinity of the work. The Contr,1ccor -;11.11 I take protective measures necessary to keep Railroad facilities, including crack h~l\Asr. free of ~and or debris resulting from his operations. Any damage to Railroad facilities rc!'mlting fr11m Cnntractor's operations will be repaired or c-eplaced by Railroad and the cost of such repairs or rf'p\acemP.nt shall be deducted from the Contractor's progress and final pay estimates. The Contractor shall not pi.le or score any materials, p,Jrk or use his equipment closer to the centt!r of Che nearP.st Railway track, or overhead lines, than permitted by the following clearanc:e11: Ill' -0" Hori/.onl.-illy rr.1m centerline of track 22'-h" Vert ic-al ly ah,,ve top of r ... i. l 27'-0" Vertically ;ihove top of rail for electric wires carryinlil: less than 750 volts 28' -011 Vertically above top of rad for electric wires ·arrying 750 volts to 15,000 volts 1(1' · ll" v,,,·ri,•,il ly ;1h,1vr ror .. r r:1i I r .. r <-l1•ct rit: wirf'!I , -.nrv inR l'i,mlO vol I" '" ".!0,11110 vol t.'I J/♦ I -u" Vertic.1lly above top of rail for electric wires ,·arryi.ng more than 20,000 volts Any infrin~ement on the above clearances or walkways due to the Contractor's operation11 shall be suhmitted to the Railway and to thP. En!itineer and shall not be undertaken until approved hy che Railway, and until thE' Engineer ha11 obtained any necessary authorization from the Puhlic Utilities Commission fnr the-i.nfri11gcment. No extr,1 com11f'nsarion will hP allowed in th• .-vent thr Cnntraclnr•~ work is rlel.1yr1I pt?nrti,1g R.:ii.\w.'ly appruval, anrl l'uhlic Utilities Commission authorization. In ch@ c.'.l~e of i~paired vertical clearance above top of rail, R~ilway shall have the option of in~t.1lling tl'll-tale" or nther protective deyices Railway deems necessary for protection of Railway tr.-iinmE"n or r.1il traffic:. ThP detail11 nf c,,Mtruction affecting the Railway tracks at1d property not included in the contract pl~ns shall be Ruhmitted to the Railwar for approval before such work is undertaken. If thP Cnntraccor desires to move his equipment or materials across Railway's tracks he shall obtain permission from Railway and, should it be required, the Contractor shall obtain a private cros~inR aRreement. The crossing installation for the use of the Contr3ctor, if required, shall be at the expense of the Contractor. 1. Page 48 The Contractor shall, upon completion of the work covered by this contract co be performed by the :nncraccor upon the preaines or over or beneath the tracks of Railway, promptly remove from the iremises of Railway all of ContraCtor's toots, implements and other m~terials, whether brought upon ,airt pr@mii:.es by said Contractor or any Subco11,cractor, employ,• or alitenc of Contractor or of any Soihc,1ncractoc, and c~use s.iid premisPs co be left in a clean ,nd presentable condici1Jn. -l.04 Prot~ction of RAilroad Facilities:- ( I) !'pun :,clv:1ncc nuci.fication of not l~H than 24 houn by Contractetr, Railro.,d represPntatives, cnn,luctors, rtai::mtan or w.icchmen will be provided by Railroad c.o protect ic1 faci-licies, property Rnd movement, o( its trains or engines. In general, Railroad will furnish such personnel or other protective services: {;1) When any p.,rt of any equipr11e-nt is standing or being -,perated within 10 feet, measured horizontally, f rnm centerl inf' of any track on which c ra ina may operate, . or when any erect ion or con~truction 3ctivities are in pro~ress within ~uch limits, regmrdless of eleV3tion above or i,e\ow tr3ck. (b) for any excavation below elevation of tr3ck subgrade if, in th~ op1n1~n of Railroad's representative, track or other railr~ad facilities may be subject to settlement of movement. (c) For any clearing, grubbing. grading. or blasting in proximity to Railroad facilities which, in the opinion of Railroad's representative, may endanger Railroad facilities or operation■• (2) Railr•nld will furnish such personnel or other protective services when, in che opinion of Railroad's representative, Railroad facilitie.-i, including, but not limlted to, track■, buildings, siRnals, wire lines or pipelines, may be enda11gered. (J) Information as to the Railroad employes which ma.y be required co provide protection to Railroad f~cilities is as follows: Maicimum Nmnltfl r ( 11) J l 2 2 2 Cla~111i(i.rati,111 (B) Pilot Conductors Yard Engine Foreman Yard Engine Helpers Secti.on Foreman Trackmen B&B Foreu:.an B&B Caf"l'enters R,ue pav r,,r 8 hnurs (c) 115.02 82.34 70.08 84.26 78.79 Headquarters (0) Fullerton Fullerton Fullerton Oceanside Oceanside 1n ~eneral, a flagging crew consists of three men, as indi:ated in the above grouping, although unrler some conditions leu than three men may be sufficient. Rates of pay, payment for overtime, number of hours to be paid for, and travel, meal and Lodgi'lg allowances will be in accordance with 1-lhor union agreements in effect at the time Che .worl< is p,?rfonned. To all direct labor co■ts, there sha\1 be added additional charges for Vacation Allowance; Holiday P;1'."; Kealth and Welfare; Railroad Retirement and Unemployment Taxesj Public Liability, Property namage, and Workman'• Compensation tnsurancej and Accounting and Billing. For estimating purposes only, thP.■e addirives collectively m.ay,he considered as approximately 65% of all direct Labor C01'C ■• "fhP. .'.lhovc ntett 3r~ for infom.ation only, and rates in effect at the time of construction will be llS~d. The cost nf all Railroad personnel, equipment, and facilitie■ deemed necessary by the Railway arid provided by the Railway for the protection of Railroad facilitie1 and train■, durin1 the period of con•cruction within Railway right of way and the co■t of inatallin1 protective device ■ in the case of impmir,•d clearance, shall be bol'ne by the Contractor. 't'he Contractor shall be re■ponsible for pavment of all cost■ incurred for any damages to Railroad roadbed, track and/or property resultin1 frnm use, occupancy, pre■ence of it9 emptoyea or agent■ oa or about the con■truction site. ··•> Railroad will submit it■ final bills for ftaJr;gin11 and related sarvices to City/-.., after Cf'lmpletiou of the project. City/....-, will pay all fla11in1 charges. -1.05 Work by Railway Company.~-Railroad will rearrange its tracks, telephone, telegraph, and !iKn•l line, 3Tid appurtenance■, and will perform any other work in connection therewith, except gradins to be done by others. !l8b/09l7P z. Page 49 agreement between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY ANO THE CONTRACTOR IN CONNECTION WITH The Atchison, Topeka and Santa Fe Railway Company One Santa Fe Plaza, 5200 E. Sheila Street Los Angeles, CA 90040 (JJoL . 1 !11 I ' 191</l, "ith TheAundersfgned ~ en~r~d into a contract dated -----"'b.lY---~L'-'"--"-+---lf:t-". Attention: Gentlemen: General Manager tho of --~'--:::e..LI t'-.L-+l--i..62...>'s--,---'C"""A='-"(Z=='-( ..,~,.u~J.LA::i.1,D:c_:_· ______ _.__ ___ , f~r the performance certain work in connection with-------------------------------------- VCtl() S~T1A LAV\J\D in t:he pl'"!rformi\nrf• of ...,hich work the underr•igned will neces■arily be roquired to conduct operations ...,ithin your right of way dnrl prol,urty. The Contract provides that no work shall be commenced within your right of way or property until the contractor employed in connection with said work for shall have executed and delivered to you a letter agreement in the form hereof and shall have provided insurance of the coverage and limits specified in said contract. It this letter agreement is executed by other than the OWner, General Partner, President or Vice President of the undersigned firm, evidence is furnished to you herewith certifying that the signatory ia empowered to execute thi■ agreement for the firm. Accordingly, as one of the inducements to and a■ part of the consideration for your granting per- mission to the undersigned to enter upon your right of way or property for the performance of so much of the work as is necessary to be done wilhin ~our right of way or property, the undersigned, effective on the date of ~he contract with the 9, . L7 ~ ff c\--; has agreed and does hereby agree :-,1th you as follo-.,s: 1. The undersigned shall indemnify and save harmless the Santa Fe, its agents and eq,loyees against all liability, claims, demands, damage9, or costs for (a) death or bodily injury to persons, including without limitation the employees of the parties hereto, (b) injury to property, including without limi- tation, the property of the parties hereto, (c) design defects, or (d) any other loss, damage, or expense arising under either (a), (b), or (c), a.nd all fines or penalties impo1ed upon or assessed against Santa Fe, and all expenses of investigatinq and defending against same, arising in any manner out of Cl) use, occupancY or presence of the undersigned, sub-contractors, employaes, or agents in, on, or about the construction site,(2) the performance, or failure to perform, by the undersigned, its subcontractors, employees, or agents, its work or any obligation under this agreement, or (3) the sole or contributing acts or omissions of the undersigned, its subcontractors, employees, or agents in, on, or about the construction site. Nothing contained in this provision is intended to, nor shall be deemed or construed to, indemnify Santa Fe from its sole negligence or willful misconduct, or that of its agents, servants or independent contractors who are directly responsible to it. 2. That the undersigned will procure, and maintain in force, insurance meeting all of the requirements outlined in the spe.cial provisions for and in contract referred to in the second paragraph above, and there is handed you herewith: (1) Original Policy in Railroad Protective Liability Form, favor of The Atchison, Topeka and Santa Fe Railway Cofft)any, one Santa Fe Plaza, 5200 Ea.st Sheila street, Los Angele•• CA 90040, Md (2) Certificate reflecting the existence of Contractor's Public Liability and Property Damage Liability Insurance and contractor'a Protective PUblic Liability and Property Damage Liability Insurance, meating such requirements. It is further distinctly understood and agreed by the undersigned that its liability to ·the Railway Coq,any herein under Paragraph l, will not in any way be limited to the amount of insurance obtained and carried by the undersigned in coMection with said contract. 3. That the undersigned will obaerve and comply with all the provisions, obligations and limita- tions to be observed by Contractor which ara contained in the sub-diviaion of the specification■ of the contract referred to in the second paragraph hereof, entitled ~Relation■ with R4ilvay Companyft, and shall include, but not be limited to, payment of all coats incurred for any dam.ages to Railroad roadbed, tracks, and/or property, resulting from use, occupancy, pra■ence of its employees or agents on or ab:>ut the construction site. Page 50 AT&SF Railway Co. Kindly acknowledge receipt of this letter 411d of the insurance policies herein provided to be furnished to you by signing and returning to the undereigned a copy of this letter, which shall there- upon constitute an agreement between us. Receipt of the foregoing letter and of the policies and certificates of insurance herein provided to be furnished is hereby acknowledged this --~--d.ay of ---~--------• 19 , THE· ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY By ____________________ _ Its. _____________________ _ Yours truly, Page 51, EXHIBIT "C-2" RAILROAD PROTECTIVE INSURANCE In addition to an1 other form of in■urance or bonds required under the term• of the contract and apecific ■tions, the Contractor will be required en carry insurance of the kind■ and in the amounta hereinaf~1·r specified. · Such in11urance shall be approved by: TH.! ATCHISON, TOPEICA AND SANTA FE RAILWAY COMPANY her-einaft£'r called 11Rai_lroad" before any work i9 performed on Railroad property and shall b'e carried until gll work required to be perfortaed on or adjacent to the Railroad's property under the terms of the contract is satisfactorily completed as determined by the Engineer, and thereafter until all cool■, equipment and material have been removed from Railroad's property and such property i■ left in a clean and presentable condition. The insurance herein required shall be obtained by the successful bidder, and the oriainal and certified ..:opies of all policie■ aa hereinafter specified shall be· furnished to the Engineer • • The Contnctur ~hall Cu.rniah Che F.ngine-er with one (l) cf'rtifi■d copy of Heh of th■ executed pulicie■ n•quired hy 11 21 and 3 below, and in 11ddition1 ■hull furniah Railroad throuah the !n1ine•r, uni• (l) ccrtificat~ reflectin1 the exi■tence oi the ex~cuted policie1 required by land 2 and the ori1inal polic ie■ 11£ che insurance required by 3 .belov. A certification of au.ch copies of insurance shall guarantee that the policy under 1 and 2 will not be amended, altered, modified, or cancelled insofar aa the coverage contemplated hereunder i■ concerned, without at least thirty (30) days' notice mailed by registered mail co the Engineer and to Railroad. Fnll compensation for all premium■ which the Contractor is required to pay on all the insurance described hereinafter shall be considered a1 included in the pricl"■ paid for the variou1 items of wnrk to be perfori..ed und~r the contract, and no additional allowance will be made therefor or for additional premium■ which may be required by extensions of the policies of insurance. The approximate ratio of the estimated cost of the work over or under or within 50 feet of Railroad's tracks to the total estimated contract cost is 0.---. 1. Contractor's Public Liability and Property Damage Liability Insurance T11e Contractor shall, with respect to the op'erations he performs within or adJacent to Rail road's property, cany regular contractor's Public Liability and -Property D4mage Liability rnsurance providing for the same limits as specified for Railroad's Protective Public Liability and Property Damage Liability Insurance to be furniahed for and in behalf of Railroad ■I her■in■fter rrovided. I£ any part of the work within or adjacent to Railr,,ad' s property is subcontracted, the Contractor in addition to carrying the above insurance, shall provide the above insurance in behalf of the subcontractors to cover their operation,. 2. Contractor'• Protective Public Liability and Property Damage Liability Insurance ThP Contractor ■hall, with reapect to the operations performed for him by subcontractors vho do work within or adjacent to Railroad's property, carry in his own behalf regular Contractor's Protective Public Liability and Property Damage Liability tnaurance providing for the same limit• aa specified for Railroad'11 Protective Public Liability and Property Damage Liability Insurance to be furnished for and in behalf of R4ilroad a• hereinafter provided. 3. Railroad'■ Protective Public Liability and Property Dam.age Liability Insurance The Contractor shall, with respect to the operation• he performs within or adjacent to Railroad'• property or that of any of his subcontractor• who do work within or adjacent to Railroad'• property, have ia■ued and fumished separately, policy or policies of in■urance in the Railroad ProteCtive Liability Fotin a1 hereinafter specified in favor of The Atchison, Topeka and Santa Fa Railway Company, One Santa Pe Plaza, 5200 Ea■t Sheila Street, Lo• An1ele1, CA 90040. RAILROAD PROTECTIVE LIABtLITY FORM (Name of Insurance Company) OECLARA TIO NS ltem \. Named Insured: The Atchison, Topeka and Santa Fe Railway Company One Santa Fe Plaza, 5200 E. Sheila Street Los Angeles, CA 90040 JtP.m z. Policy Period: From ___________ to __________ _ 12:01 a.m., Standard Time, at the designated job site stated herein. Page 52 Tl •·m 1. Tlw in.•111r;incc 11fforrlPd i!I only with reapcct to euch ol the (nllovins covrrages aa ara indicatPd in lte'III fl by /:lpecific premium charge or cbarget1. The limit ot the Company'• liabillty against such coverage or coverages shall be as stated herein, subject to all the tenns of this policy having reference thereto. Coverages Limits of Liability --------------------------------------- A Bodily Injury Liability R Property Damage Liability • C a11d Physical Damage to Property Ttem 4. N,1me an,\ Address 0£ Contractor: $2 million Combined Single Limit per occurrence, with an aggregate limit of $6 million for the term of the policy. (tFm ~-N~me and Address of Governmental Authority for whom Che work by the Contractor ia beina p,•rformr.1\: [te1n r,. D"1!aignation of the Job Site and Description of Work: l'rc-mium Haai.:tt C:ontracc f'.nst Rent.11 GO!IC Kates p1•r Coverage A s $ $100 of Coat Coverages * $ Ct)unter!ligned ____________ _ 19 1'01.(CY S&C By AdvancP PremiUmo Coverage A Coverages ••c * s $ * (Name of Inaurance COt:1pany) Page 53 A~---,-,---:-,c,c-::,.,--,---::-,---insurance company I herei•t called the Company. agrees vich the insured n.-1med in the Declarations made a Part hereof, in co,,aideration of the payml!nt of the premium and in reliance upon the 1eatement0 in the Declarations mad•• by the named insured and subject to all of che tcnna of chi• policy: r. INSURING ACREEHElf,'S Coverage A -Bodily Injury Liability To pay on behalf of the insured all sums which the insured shall be~ome legally obligated co pay aa damages because of bodUy injury, sickneas, or disease, including death at any time resulting therefrom, h.,:,reinafter called "bodily injury", either ( l) sustained by any person arising 011t of acta or omissions at the designated job site which are related co or are in connection vith the work de~cribed in Item 6 of the Declaration•, or (2i sustained at the designated job aite by the contractor or any employe of the contractor or by a~y designated employe of the insured whether or not ari1ing out of such acts or omissions. Coverage B -Propertv Damage Liability To p.::iy on hehalf 0£ the insured all ■uma which the insured shall become legally obligated co pay as damages becauae of physical injury to or destruction of property, including lo■■ of uae of any property due to such injury or destruction, hereinafter called "property damage", ari■ing out of aces or omissiona at the designated job site which are related to or are in connection vitb the work descrihed in Item 6 of the Declarations. CoveragP. .c -Physical Damage to Property To pay for direct and accidental Loa■ of or damage ~o rolling stock and their contents, mechanical construction equipment, or motive power equip1nent 1 hereinafter called los11 arising out of acts or omissions at the designated job site which ar•? related to or are in connection vitb the work described in Item 6 of the Declarationsj provided such property is owned by the named inaured or is Leased or entrusted to the named insured under a l••a.oe or trust agreement. rr. Definitions (.::i) Insured -The unqualified word "insured" includes the named insured and also includes any executive officer, director or stockholder thereof while acting within the scope of his dutie ■ as such. (b) Contractor -The word "contractor" means the contractor designated in Item 4 of the Declarations and includes all subcontractors of said contractor but shall npt include the named insured. (,·) ll<'Mignated employee of the insured -The words "deaigna1ted empluye of the insured" mean: (1) any supervisory employe of the insured at the jobsite, or (2) any employe of the insured while operating, attached to or engaged on work train• or other railroad equipment at the Jobsite which are asoigned exclusively to the contractor. (d,) Contract -The word "contract" means any contract or agreement to carry a person or property for a consideration or any le3ae, truat 1 or interchange contract or agreement respecting motiv~ power1 rolling stock or mechanical conatruction equipment. I I I. Defenaf', Sett Lement, Supp temencacy Payments With respect co such iniurance s1 is afforded by this policy under Coverage• A and B1 the Cnmpa_ny shall: (a) Jefend any suit against the insured alleging such bodily injury or property damage and seeking ~omage■ which are payable under the terms of thi1 policy, even if any of the allegation, of the suit are groundtP.al!I, false or fraudulent; but th,! Company may make such investigation and settlement of any claim or suit as it deem• expedienti IV. Page 54 (b) pay, in addition to the applicable limits of liability: (l) all expense• incurred by the·Company, all co1t1 taxed against the in1ured in any such ~uit and all interest on the entire amount of any judgment therein which accrue■ after entry of the judgment and before the Company haa paid or tendered or dep01ited in court chat part of the judgment which doea not exceed the limit of the Company11 liability thereon; (2) premium• on appeal bonds required in any such suit, premiums on bond■ co releue attachments for an amount not in exce11 of the applicable limit of liability of thi1 policy, but without obligation to apply for or furnish any such bond1; (J) expenses incurred by the insured for such immediate medical and surgical relief to other, aa shall be imperative at the time of the occurrence; (4) all reasonable expenses, other than leas of earnings, incurred by the insured at the Company's request. Policy PPriud1 Territory This policy applies only to occurrences and losaes during the policy period and within the United States of America, its territories or possessions, or Canada. EXCLUSIONS Thin policy does not apply: (a) to liability assumed by the insured under any contract or agreement except a contract ao defined herein; (b) to bodily injury nl· property damage caused intentionally by or at the direction of the insured; (c) Lo hc,di ly in.i11ry 1 property ,lamage or 1011■ which occun after notification to the named inaured of the acceptance of the work by the governmental authority, other than bodily injury, property damage or loss resulting from the existence or removal of Coale, uninntalled equipment and abandoned or unused materials; (d) under Coverage~ A(l), Band C, to bodily injury, property damage or loss, the sole proximate cause of which is an act or omission of any insured other than acts or omissions of any designated employe of any insured; (e) under Coverage A, to any obligation for which the i,,sured or any carrier as hie insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefit• law, or under any similar law; provided that the Federal Employer•' Liability Act, U.S. Code (1946), Title 45, Sections 51-60, ·as amended, shall for the purpose11 of this insurance be dPemed not to be any similar law; ( f) under Coverage 8 1 to injury to or destruction of pr,,perty (I) owned by the named insured or (II) leased or entrusted co the named insured under a lease or trust agreement. (g) l. Under any Liability Coverage, to inj_ury, sicknnsu, diseane, death or destruction: (a) with respect to which an insured under the policy is alao an insured under a nuclear energy liability policy iaaued by Nuclear Energy Liability Undervriter1 or Nuclear Insurance Aaaociation of Canada, or would be an inaured under any such policy but for it1 termination upon exhauation of its limit of liability; or (h) res11ltin14. from the hazardoua propertie• ol nuclear material and with ['.eapect to "which ( 1) any penon or orsanization i■ r•·quired to maintain financinl protaction purauant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the in$ured ia, or had chi• policy not been isaued would be, entitled to indeca.ity froa the United States of America, or any agency thereof, under any agreement entered into by the United State• of America, or any agency thereof, with any person or organization. 2. Undr.r ,iny medical Payment a Coverage, or under any Supplementary-Payment• proviaion rel~ting to iamediate medical or 1urgical relief, to expen1e1 incurred with reapect to bodily injury, sickness, diaeaae or death re1ulting fro. cha hazardou• propertie• of nuclear material and ariain1 out of th• operation of a nuclear facility by any per1on or organization. Page 55 ). Under any Liability Cover1ae1 to injury, 1ickn•••• di1ea1e, death or de■truction re1ultin1 froa the ha1ardou1 propertie1 of nu.clear aaterial, if (a) the nucle•~ .. cerial (l) ia at any nuclear facility ovned by, or operated by or on behalf of, an inaured or (2) ha■ been di1ch1rged· or di1per1ed therefroa; (b) the nuclear ... cerial i■ contained in ■pent fuel or va■te at any tiDI! po1■e■■ed, handled, used, proce11ed, atored, traa1ported or di■poaed of by or on behalf of an in■uTed ; or (c) the injury, 1icknea11 di1ea1e, death or de■truction 1Tiae1 out of the furni1hin1 by an in■ured of services, material■, part■ or equipment in conneccion vith the planning, construction, maintenance, operation or u■e of any nuclear facility, but if auch facility is located vithin the United State• o( America, it• territoriea or poeaiuaion• or C1111ada 1 thia ~xcluaion (c) app1ie■ only to injury tu or de■tructian o( pruperty at such nuclear facility. 4. A• us~d in t~11 exclusion: "Hazardous proper~ie■" include radioactive, toxic or exploaive propertie■; "nuclear material" means 11ource material, special nuclear uterial or byproduct uteri81; "11ource ru~ter ia l 11, "Spec ia 1 nuc le~r materioil.l 11, and 11byproduc t material" have the IM!anins■ given the■ in the Ato■ic Eneray Act of 1954, or in any law ■mendatory thereof. "spent fuel" mcane any fuel element or fu•l component, aolid or liquid, which ha• beeo used or expoaed to radiation in a nuclear reactor; 11waste11 mean■ any waste material: (1) containing byproduct material and (2) resulting from the operation by any per■on or ar1anization of any nuclear facility included within the definition of nuclear facility under Paragraph (a) or (b) thereof; "nuclear \al (bl \cl (dl facility" means: any nuclear reactor any equipment or device de■igaed or u■ed for (I) 1eparatin1 the i1otape1 of· uranium or plutonium, (2) prac•111inJ or utilising ~pent fuel, or (l) handlia1, pr"c1.•■•inJ or packaging wat1c.; any ~quipme:nt or device used far thr proc:e■1ing, fabricating or alloyin1 of ~pecial nuclear material if ■t any ti• the total ■mount of ■uch material in the cu•tody of the ia■ured at the premiaea vbere such equi~nt or device i■ loeJted conaist1 of or contain• more than 25 gram, of plutaniwa or uraniua 2ll or any combination thereof, or more than 250 ar•• of uraniua 235. ■nf 1truccure, ba■in, excavation, premises or place prepared or used far the atorage or dispo1al of wa•te, .and includes the ■itr. an which any of the foregoing ia located, •11 operation■ conducted ~n such 1ite snd all premi1e■ u1ed fqr ■uch operatiaoa; "nu,: leilr reactor" aean■ any ■pparatu1 de■igned or used to sustain nuclear fia1ion in a 1elt-1upporting chain reaction or to contain a critical -■11 of fi■■iooable ■aterial; "injury11.or "de■truction" with respect ta injury ta or de■truction of property, the word include■ all fana■ of radioactive contamination of property. <h) under Coverage C, to 1011 due to nuclear reaction, nuclear radiation or radioactive contamination, or to any act or condition incident to any of the fore1oin1. CONDtTtON& (The condition■. t'>cc.:ept c,1nditions 3, 4, 5, 7, I, 9, 10, 11 and 12, apply ta aq cuvecas••• C"nditi11n1 31 4, 5, 7, a. 9, 10, 11 and 12 apply only to the cavera1e1 noted thereunder.) I, Pr•~iwa The pre■iUtR ba1e1 and rAtea for th■ hazards de■cribed in th■ Declaraticm•, ■re ■tated therein• Pre■iu:11 ba■e■ and rate■ for hasa,·d■ not 10 de■cribed are tho■-applicable in accordance with the .. nual■ iD u■■ by the Co■pany, The Cera "c1>ntt'■CC ca■c" a:an■ the rnr~I co~t or all vnrk drscrihed in Jee• 6 or the Declaration,. Thi• Liu-. "rental co11:11 M■n■ the total co■c to the cootr■ctor for rencal of vorlr. train■ or orher railroad equipaent. includin1 the reauner■cioa of all eaploye1 of the in■ured vhile ou.-r.at inst. •ttach~;I to or ~na:aaed thereon. 2. Page 56 ·rhc advance premiwa atated in the Declarations i1 an estimated premitm. only. Upon termination of chi• policy the earned premium 1hall be computed in accordance with the Company'• rule■, _ r~tea, racina plan•, premiums and minimum p1·emium1 applicable to thia insurance. If the earned premiua thu■ com,uterl exceed• the estimated advance premium paid, the Company ahall look co the Contractor. specified in the Declaration■ for any such excen; if leu, the Company •hall return to the said contractor the unearned portion paid. In no evPnt shall payment oi premium be an obligation of the named in■ured. Inspection The named insured shall make available to the Company records of information relating to the subject matter of thi1 insurance. The Company shall be permitted to inapect"all operation■ in connect~on with the work deacribed in Ttem 6 of the D~clarations. 3. Limits of Liability The limits of bodily injury liability stated in the Declaration• a■ Coverage A applicable to "each pereon" is the limit of the Company's liability for 4. 5. , all damagea, including da[!l&gea for care and lona of services, ari■ing out of bodily injury austained by one person as the re1ult of any one occurrencei the limit of auch liability stated in the Declarations as applicable to "each occurrence" is, aubject to the above proviaion1 reapectin1 each per~on, l he total limit of the Comp9:ny' ■ liability for all 11uch 1lsm:,gp arising out of bodily injury suatained by two or more pe:r■on■ •• the ra■ult of any ~ne occurrence. L~mits of Liability Coverages B&C The limit ■ of liability under Co,verage■ B and C ataced a• applicable to 11each occurrence" ia the total limit of the Coapany' o ari ■ing out of physical injury to, deatructioQ or losa of all property of one or more persona or organization■, including the 1011 of use of any property due to ■UCh injury or destruction under Coverage B, as the re■ult of any one occurrence. Subject to the above provision■ respecting "each occurrence", the limit of liability under Coverages 8 and C stated in the Declaration. a1 1111ggregate:" i■ the total limit of the CompAny's liability for all damage• and all lo■• u~der Coverage• Band C combined ari■ing out of phvsical injury to, destruction or loa■ of property, including the loa• of u■e of any property due to such injury ,or destruction under Coverage 8. Under Coverage C, the limit of the Company's liability for las■ shall not exceed the actual cash value of the pc-operty or if the loss is of a part thereof the actual cash value of such part; at time of losa, nor what it would then co1t to repair or replace the property or such part thereof with other of like kind and quality. Sev~rality of Interests Coverages A&B The term 11 the insured" is used severally-and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the Company's liability. fi. !!_ol_i.£!, In the ewnt of an occurrenC'I! nr 101111, written notice contain.ina particular■ 1t11Cficient to identify the insured auJ also rcaaonably obtainable information with re~pect to the time, place and circumstances thereof, and the name■ and addres■e• of the injured and of available witnesses, shall be given by or for the insured to the Company or any of its authorized agent ■ a• soon a■ practicable. If claim is made or suit i1 brought again■t the insured, he ■hall immediately forward to the Company every demand, noti~e, summon• or other process received by him or his representative. 7. Assistance and Cooperation of the Insured The insured shall c<>operate with the Company Coverage• A6!1 andt upon the Company' e requeat I attend hearinga and trial ■ and aasiai: in 8. making settlement•, aecurin1 and giving evidence, obtaining the attendance of vitnessea and in the conduct of ■uits. The insured shall not, except at hi• ovn cost, voluntarily uke any payment, asoume any obligation or incur any expense other than for such itrcaediate medical and surgical relief to others aa shall b_e imperative at the time of accident. Action Against Company Coverages A&B No action. shall lie again■t the Company unleu, as a condi_tion precedent the·reto, the in■ured shall have fully coaplied with all term■ of thi• policy, nor until the amount of the insured'■ obligation to pay shall have been finally determined eithe:r by judgment again■t the inaured aCter actual trial or by written agreement of the insured, the claimant and the Company. the Any person or organization or the legal representative thereof who ha• secured such judgment or written agree1DP.nt ahall thereafter be entitled to recover under thi• policy to the extent of the in■urance afforded by this policy. Ho person or oraanization ■hall have ~ny right under thi■ policy to join the C:Offlpany H a pa .. ty to any action a1ain■t the in1ured to determine th• in■ured 1 ■ liability. Bankruptcy or inaolven.cy of the ia■ured or of the in~ured'• e1tate ·shall not relieve the Company of any of it• obligation■ hereundar. Page 57 CovPrage C No action· shall lie against the Co■pany, unle11 1 a■ a condition precedent thereto, there ■hall have been-full compliance with an the term• of thil policy nor until thirty day ■ after proof of lo ■■ i ■ filed and the aniount of lo■■ i1 determined a111 provided in. thi• pol icy. q_ ln■ured'a Dutie■ in Event of Lo11 In the event of lo■■ the in1ured shall: 10. Coverage C (a) protect the property, whether or not the lo■■ i■ covered by thi■ policy, and any further lose due co the inaured's failure co protect shall not be recoverable under chi, policy; reasonable expenses incurred at the Company'• reque■tj (h) file with the Company, a■ soon· as practicable after loaa, hi• sworn proof of loaa in ■uch form and including such information a• the Cmnpaay, may reasonably require and shall, upon the Company'• requeat, exhibit the da~ged, property. Appraiaal. CovPrage C If the in9ured and the Company fail to agree as to the amount of loaa, either may, within 60 days after the proof of 1.o•• is filed, demand an appraisal of the lo••• In such event th~ insured and the Company shall each aelect a competent appraiser, and the appraisers shall select a competent and diein~ereeted umpire. The appraisers shall state separately the actual cash value and the amaunt of lo•• and failing to agree shall submit their differences to the umpire. An award in vritina of any cw ■hall determine the amount of lo■■• The inoured and tbe Company shall each pay hi■ choaen appraiser and shall bear equally the other expense■ of the apprai■al and umpire. The Company shall not be held to have waived aay of its right9 by any act relating to appraisal. LL. Payment of Losa ~rage C The Company may pay for the lose in aioney but there shall be no abandonment of th• damaged property to the Company. 1'2. No Benefit to Sailee Coverage C The insurance afforded by thi■ policy shall not inure directly or indirectly to the benefit of any carrier or bailee, other than the named in■ured, liable for lo■■ to the property. LJ. s·ubrogation In the event of any payment under thi■ policy, the Company shall be subrogated to all the insured's right■ of recovery therefor again■t any person or organization and the insured shall execute and deliver in■trument ■ and paper■ and do whatever else is necessary to secure such rights. The insured 9hall do nothing after loa ■ to prejudice such rights. 14. Applic~tion of Insurance The insurance afforded by tbi~ policy is primary inaurance. 15. 1'hree-Year Policy A policy period of three yean i• comprised of three consecutive annual perioda. Computation and adjust~ent of earned premium shall be made at the end of each.annual period. Aggregate limit ■ of liability ae stated in this policy shall apply sPparately to each annual period. 16. Changes Notice Ct> any agent or knowledge possessed by any agent or by any other per■on shall not effect a vaiver or a change in aoy part of this policy or stop the Company froa asserting any righc under the teTID8 of thim policyi nor shall the terms of thia policy be waived or changed, except by endor1ement ie■ued to form. a part of thia policy. A111i1nment o! intcr,~,L under thi1 pulky Hhnll nut bind the Company until iu con■ent i ■ endorsP.d hereon. 18. Cancellatinn This policy may be cancelled by the named in1ured by mailing to the Company written notice ,eating vhen thereafter the cancellation 1hall be effective. Thi• policy may be cancelled by the Company by mailing to the named insured, contractor and sovernmental authotity at th• re1pective addresae■ ■hovn in thi1 policy vricteu notice stating when not l~•• than thirty day• thareafter auch cancellation ■hall be effective. The mailin1 of notice a• aforeiaid ahal.l be sufficieat proof of notice. Th• effective 0date and hour of canceltacion ■tated in the notice thalt become the end of the policy period. Delivery of 1uch written notice either by the named ia1ured or by th• Company shall be equivalent tQ mailin1. If the named insured caacell, earned preaiua siiall be computed ia accordance with the cu■tomary short rate table and procedure. tf the Coapaay cancel,, earned premium shall be computed pro rata. Premium adjuatment may be mad• eithar at the ti• cancellation ia effected or a■ soon a■ practicable after cancellation becoae• effective, but payment or tender of unearned pre■iua ia not a condition of cancellation. Page 58 19. OeclarAtiont · By acceptance of this policy che named insured agree• that such ■tatement in the Declarations a, are ma,le by hi11 are hi1 agreementa aa.d representation■, that tbi■ policJ i• issued in reliance upon the truth of such representatioaa and that chi■ policy embodiea all agreements existing between himsolf and the Company or any of its agent■ relating to chi■ inaurance. tN WITNESS WHEREOF, the ________________ Indemnity Company ha■ cauaed thi■ policy to be si'gned by its preaident and a secretary at ---,--=----,:---------■nd countersigned on ·the Declaration■ page by a duly authorized agent of the Company. (FACSIMILE OF SIGNATURE) (FACSIMILE OF SIGNATURE)· Secret•TY Pre■ident El8•/0936P v.c. P.I. T.C. PRC o.c. B.V.C. E.V.C. R L.F. I.E. R.L.P. POR. F.L. C.F. E.I. S.D. ST .. B.C.R. B.C. E.C. R/W M.H. A.C. A.B. P.C.C. s STA POINSETTIA LANE ABBREVIATIONS VERTICAL CURVE POINT OF INTERSECTION TOP OF CURB POINT OF REVERSE CURVE ON CENTER BEGIN VERTICAL CURVE END VERTICAL CURVE RADIUS LINEAR FEET INVERT ELEVATION REINFORCED CONCRETE PIPE PORTION FLOW LINE CURB FACE ELEVATION STORM DRAIN STREET BEGIN CURVE RADIUS BEGIN CURVE END CURVE RIGHT OF WAY MANHOLE ASPHALTIC CONCRETE AGGREGATE BASE PORTLAND CONCRETE CEMENT SLOPE STATION Page 59 INV F.S. GND ECR ACF WWF M.L. M.C. C.I. TB POINSETTIA LANE ABBREVIATIONS (CON'T.) INVERT FINISH SLOPE GROUND END CURVE RADIUS ASBESTOS WELDED WIRE FABRIC MORTAR LINING MASTIC COATING EXIST ELEVATION PROPOSED ELEVATION CURB INLET THRUST BLOCK Page 60 SECTION 11. . PROJK'T STANDARD PI.ANS AND ABBREVIATIONS STANDARD PI.ANS Regional D-1 D-2 D-9 D-10 D-11 D-12 D-29 D-34 D-60 D--£1 G-2 G-6 G-7 G-8 G-10 G-12 M-2 M-5 ---6 -7 CURB INIET -TYPE A CURB INIEI' -TYPE B SI'ORM DRAIN CIEANOUI' -TYPE A SI'ORM DRAIN CLE'J\NOUI' -TYPE B JNIEI'S AND CIEANOUI'S -NOI'ES AND DETAILS CURB INIEI' OPENING CATCH BASIN -TYPE 1· WING AND U-TYPE HEAIWALl.S PIPE BEDDING AND TRENCH PACKFIIL FOR STOR-1 DRAINS ROlNDED PIPE ENI:6 IN DRAINAGE STROC'TURES CURB AND GUI'TER -CCTvlBINED CURBS AND GUI'TER -MEDIANS SIDEWAIK -TYPI<;:AL SECTICN SIDEWAIK RAMP CCNCRETE JOINT DETAILS CROSS CUI'TER 24" MANHOIE FRAME AND CDVER CHAIN LINK GATE CCNCRETE PROTECI'ICN FOR EXISTING SEl:'/ER PIPE STATE OF CALIFORNIA -ATmCHED STANDA.s'mS A35-B A62-B l\62-C A74-A 'A77--ol A77-E B0--1 B0--3 B2-5 Bl3-l APPROACH SIAB EXCAVATICN AND PACKFIIL EXCAVATICN AND PACKFIIL BRIDGE ~:ARKERS AND I.ELINEA'IORS ME'mL BFAM GUARD RAILING CABIE J\NCOOR ASSEMBI.Y BRIDGE DETAILS BRICGE I.ETAILS PIIB DE'li\ILS -CIASS 70 SIOPE PROTECTICN I.ETAIL NO. 1 (TYPE "C") Page 61 rn X :c -CD --I I - (Nr(RM{OIAT( POSTS (NP WT (NP POST (lfflllloqf 1lttlr1Col tott!t,c,r,,,} rrPtCAL OCTAILS(WII/J ll«lrtrol cond«!Orf} -'-"'-==-===-- CHAIN ELEVATION OE'TAIL -,,• ·9gok,,,,. I•-lr1l,,,e, t"r,,t,h KNdf, ttlvov, ,11 lrJo tmd bo(,r,,,,. ,• --::::.·':'t.~,,.r;~,:;,/;, ":rt- .,,. ltU P1~ '* SIii lo ,,. .,,rd .,,_ ft,/1,V ~, 111'::J"orgr,o,,.,.. -- • SMJrt rob!• IOCP1 .;w, rr""'1#d sl«w rla"'I) art! p,rwl(I, ,,,,,,.0,,1, E'LE'VATION ·~--'. __ -.· ,,,__ ,.,,.,,, ..... _.,_ """'•,pe,,J,onf,fl"'9'1110IUffd. I ·(-9f'.'•'"'~-,.,, I ,,.-~,r,ollp,pn EXPANSION JOINT ::J',,.,.,......,,.,.,., For ...... , .... . ,,,,.,..., "-"•" Norcs I Pr,~,"'I cmr,,,.,,,. r,,cppt t/tolot ,,,., ~t,,~ 10 I# 90Mlt11nd ofPp,r '"'"-, ' • ' Pr,1l,ttV Jholl n,,,la,nn _, f'ton,o,,ttJI ---ol19tt,..,.,.t Pmr, 1"'1ff b# ..,.,,r., ,.,_IOI ppn ,t'dl bt t,,rr,I ,trod"" ,s IX1° or '1111 -,.,,,,. II, II" ~• rltordJ tf ,,,,,,..,, " -,~· ,,..,,,. oil ¾," • bonl W/¥n rr,,/"'9 ,, o,, I~. fat,r,e 1/loll t,rp,lorpd """"''' ,,, ~ ,w,.,.IIOhvr ct,,101l1 ""'1' N M,.,,,,,.,,, ~ ~ lo, £"9,_) _..,,, All D'CV "3ff'J'"/I t/rch'inll rr:,r,dWl'r,rJ vtalf t>,~"'1fl'ldJ °"""'" ,,,,. Ro,""9 ~ .J lJ .Jt -s,-b" """ Tyrr •' ~ ""1 ""'7 .. ,.,,., /1vtw.1 LINK RAILING TYPE 3L To I» pot"Olltl A, lt!Cf of ,0,,111'1 ft/Jtr/t la, d9"" 11t1 to 10•. -------r----~~--a ,---~ PCC P-/11 __i._ ' ' LtlNJ'/l,d"'1/ n;n!rK/Jo,,rf 1,--J-or ,,,_,.,,,t'd pt-1011, 1 £lit/ 1/lc,,,ldlt,1 ''"" l!,r• ~ ~ _,.,, «IJOCP"I Id tTJnl,,.,,tllll -• ,.,~,.,,,, .oil. ·,· NORMAL ScCTION B·B £nt1~ .. """"" . 7 0. ' PLAN l0ftl/1IIJ/l,no/ Cl)IIIIOC/ ,Om/ "' "'"',,.«I 1)/0M '°"' Prlo1111n1 •Oil Far approacll 1to/J ~r:J6"•1rlr,IH 'Appr/10C"II Slob· £nd Slaf/rpr 0,,0,1• APPROACH SUB· EMJ STAGQER DETAIL ,_.,.,, ·,. ·,· 801 n.111/orr,,,,,nl Tal>II ,, .. ·o· btlrJ 1 "l>"borf 1 'r'bon I r,,,. I ,o:6" 0.6'' •6,10:2•,6 1 .,, , 12 1 •" , ,2 I ,,.. , Sd-d' lOO' •s,ntll',61•~,,2 1•,,,2 I rl'"Of>1rw11 rt111lod µ,,111(1!10,mJ ., • ,,, ,·-11· 2'-4• Patµl,r-oro,,ntf 011cl!or •111ml>IJ' or -1-rftt'd plo,., Jotnl \ ,,,,._.,~~--·,· le.··· .. ,. t-:-~= f.~,,.-s,, 0,10,1 ·c • ---~~c~=-===s-·c·,,,,,. ,..,,n •Alli 2'rl 'b' bo11 ,,,., ,, """' ,o• SECTION A·A ,. "o'tio-,, •,•.f.6'ltl ABUTMENr WlrH BACKWALL ·-~.~c...r.~ .,,,. , ........ , .... _.,..,,. , ............... ,_,.-:! •: •~o. JulJ 1, "I•:' I / _,,., ~ I /lti,td,,., 1x111~ 12• PAVING NOrcH TYPE 2 APPROACH SLA 8 QETAIL •G• !-" SIH( CtHtp/itll ,_, pt 2.-t-•.rJ ".rZf"r,111 l•I HI• TIE DETAIL Plor• Pan,1111 to [ Roodra, SECTION C·C NOTCS I. SHlldjo,tlNR~Rrh,,g/m~ooP6W~ 1/IH's AdJf/11 W ,,_~ A, ~ • -, ,tr ,.,,_ /0,,..,. ~ "Vf!IIWI , Al -C'p,'"1("/o=i, od,r:,o, ,,W -II • ..,.,. "'~ ~ ""'7 /Is r"t,r,o•/ •u ,,_. ,,., _,., .-• ~1¥-•J!fr;,,"'~ , ,..,_ ,.,,, ,,...a,w,, "-.J6',,,..,fnffa'--J.'('lt' s/'Ja// « 1/Jt!VVff'P't/. n., ~ •,d,,._, /ll'fallt,,,.,. -"""'" of i'•" •Ill -J6'...:t,II IJ#f'TIWINI Ar,,., ('..,..,_.,,,.. 1 r,,phr,11,ont/op:o,, lfllt-£119,-) _,,,,.~J/DW"' dt/"01I "1117 ~ tJl~rd tr, ocn,,r,o,dlo,w, l'0"""9 ~-•- ,.,., ,.,,.ft,rrr,,,r,,t 1"'111 ~ odJt'Jrt'd 11(1 '""' ,,,. ~ 1/ol> ,1 tTJnlt-.)'" fvlly -"~ ~ 11W ,__,., P"' STAT[ OF CALIFORNIA BUSINESS ANO TRANsPOATATIOH AGENCY 0£PARTMENT 0, TRANSPORTATION APPROACH SLAB A35-8 "' w , DCAYATIQN CRIB WALL 1 ON SLOPE f9:.I~ REINFORCED CONCRETE or TIMBER CRIB WALL METAL CRIB WALL GENERAL NOTES, I. Roodwa, .... ba .. klNIII 11 Ml d1li...C!ld on UCG'<'allon h•lllQI tar Clo"l1. Z. Efflbtnlm1111I, !I 011J, fft,111 t,,. n ploc'I ti.ft>•• 11ructvr1 UCG'<'al~ II madl 3. 11 r,o roodwoy or dit(l'I ll(OYallan ar lfflbtnkrr...i ,, !n.ol"fld 11'1 111, -all, 1lrvctur1 ui::a·,1mo11 WIii M mtasurld lnl'" "" orlq,r,al Qta..nd • 4. Na dPdud!on tar cribwall ll"tff'a• ,ot,lumn 11 <.-.ode lrom 11rue1u,1 toc\1111 ~a,,1,un. · ~-W1'1111 on l'!lbankmtn! N!lllffl!III Pff,od II "Q\l"l'd,ll'lt upptr 11'!'1111 al 1ln,1Clurt IIQOW!lan art ralMd to oor,lorm to IN 11...alla" a! 1111 1mb;mkm1nl allet lh1 Nlllllfll/11 parlod ar, -.tlln Ofl lmba11\m1nl .,rchat91 l1 uMd to 1111 fl11l1htd -~ ond grodll'IQ pia,,t 111wtlon1. _SLOPE BEHIND WAL~ _ __Ft,AT BEHIND WALL EXCAVATION ,.rs Ui.ndld I ,.., , .. , ..... ,.,j· .. ... , ~ I-~ J;.' l'Q;j I-~ \Bl" --'---CCl-o.G. RETAINING WALL IN FILL BACKFILL J . Ji~' OG. .OG -- i GP. ~ G~• ~I-~~ ~I-~~ ~I-~~ ~I-~~ RETAINING WALL IN FILL B CUT _j ~~ RETAINING WALL IN CUT " ELEVATION ~ ....... -----. __ ...,,.., .. ,1-1• •I ,jplJ 1 191!1; __ • SUACHlRGE M)TES •. &d;a~-....C~li:,~ ~~~-"l'O .. ~ hl'fd .. ,.,,, IOft"'l)lc,,oo..-1 IT. Surc:"'°"91 11i:t~1 10 Doi i,t 1-..V • 1Ji»i.1y<J_..,.,a1~ A88RE\ll&TIONS OG Or,q,,.gl G,wn,11 f S Pia,w,l'd Fr-...., S.-"=9 GP "aN'lld G-od~ ,._ LEGEND -- SECTION F·F BRIPGE EMBANKMENT SURCHARGE STl.lt or CltlHJIINII BUSINESS ANO TRANsPORTATION AG[JfCY (ICNIITll(NT fl' Tll&NSll'O"llllCIIII LIMITS OF PAYMENT FOR EXCAVATION AND BACKFILL BRIDGE ·suRCHARGE AND WALL . J IN FILL "··'K ,_ . .., " \ I oa.- ELEVATION - IN CUT o, '"'SK~---:'.!:-\ /_~7,:-:..- H(i1f • ·--. ELEVATION PLAN ·~ j II "0 IOlld.c!J ,,ca.ahOII II ,nwol td 01 ~-d •• ~01>1rld 1,om 0.,;nol 0,oulld • ..,i Qt, 11ructu•t ••ta.aha" EXCAVATION -BACKFILL ~FS ~-FS o,,o~I-~1-'-d ~Q'..j~ ~ SECTION A-A SECTION B•B ~,::·,::4 0 ~-0".,.lL Jl.,fO" .kf.,11.. ~i./o" SECTION C-C EXCAVATION -BACKFILL ~ ~· .. -•• I " ,•o·-11--11-''0' 1'o~IL -11-''0' SECTION G•G -11-'0~ GP ~:~~~(O' SECTION H·H ··-·::~fl,d SECTION J-J EXCAVATION -BACKFILL rFStaltrdtd ~e . ' fS ! o, -,'.'o'.l,jLio' 10·-1i:-1~•o· SECTION O·P SECTION E·E EXCAVATION BACKFILL ~ fS (O:.JIJL/0' •~IJL•o· SECTION K•K o, A88REYla.TIONS o .• 0,,...al Gt .... ,. PlcroNd ,....., s..,1;:ce •~-Pt-.cl~na"- LEGEND ~ , ...... .__ ~ ~ax1,,1 CillEllll ,._,.., [--- °' U1 GP-'~ ~--- ro·..: SECTION L L-L ST&tl o, UL1r011111.1i BUSINESS ANO TRANSPORTATION AG[JfCY O,UUITll[ltl (JI 111.utSl'OIHU-,,. LIMITS OF Plr.YMEHT FOR EXCAVATION ANO BACKFILL BRIDGE A62·C l> O> N ' n •-- B,oc~•I to bl 1/8" 1 z• Mold SIMI SIDE VIEW POST s1ofviEw SNOW POLE BRACKET ~d_:-· DETAIL A 1 oo:~:it-•"6~ 9 •• .... ' ..... 711ft ~6· A SfCTIQN A-A Mtto I Po,1 lo be 01 lho,on ~ uc,pl lhol minor Y(lrJ0li0111 in dOi'1'! ond dime111!ons -~1 be i,armilled to m11t ITIClrufoch.nrti 1lord<1rd1. •gg"tcr T)111 P cbj1ct ma,N1 8, 36" lot Typt I( cbjtcl 111ClfM• METAL POST DETAIL TWQ PLATE POST MOUNT Whitt Toro•• Pioli wl1h block Sarin 0 11umtral1 011d ltlllrt )O(·Postm~e tquollon BK« AH wlM11 direct1d b, th■ '-t1 En;lnur. N ,· MILEPOST MARKER TYPE M ,,,._ R.!litetc,,t :,;~ 3 Ytllow R1f11Clort ,· ""'/.cla. ..,.~~,t,,•--;-cr -,..o-1 ,..., ~ v 1-·r-?::7 F'::a \. ~-~ -I -Ml,l9fl0 ' r----:::a.-:..,;;-:-, ---, r----:::a'"'•"s,.,, --~ ! OCUIE.I.TOR R[Fl[C'TI)~lATlON' oc.,l[&TO'II 11.['L[CW'lll•T"C:'f\l : TYPE C~ ~ BACK TYi"! m,_c,.,I ~ •-~--11 E 'MILT[ OffE ONE E CU'-" OH( 00.. , , F '11141TE ONt NONE F CLEA.II 0"1[ -~ ! G YEUDW ONt NONE O ~ T"WO ""c,.(. I YELi.aii ONE ONE , Tht IJ'PI of r1flldortZGllall O'ld ttil do• of ~!o, to bl ~tied wll be ~td c,, II'-. pb,t III E•I, F-2, .-C. DELINEATOR REFLECTORIZATION 01<4[ 1 ,o .. ~' ~·: !: TYPER OBJECT MARKER 319• o,o Ho111 TYPE K OBJECT MARKER ~~. Lu'1 DELINEATOR POSITIONING I I Mttol o, Flt11lbl1 Pait) TYPE N·11N-21N·3 TYPE N-4,N-5 TYPE N SIZE BOROER MARGIN • • C 1~~~~: w,-." w,-." -l,·Z,-3 1a•. 10• .,,. ,,. •• , .. -, ... _,. -, 10·1 10• --•• , .. •• I ... -I. Yellow Rlfl1cll'II boc:•ground wllh Block BOfdtf. -Z. Rid R1fl1ctl~1 background wllh Block Border, -3. OrOl\91 R1ll1ctl¥11 background with Block Bordlr, -... Y11low boc•11rou11d wllh 9-3"' Yellow R1lltclor1 • 5, Rid bock;~und with 9-3~ Rid R1IIKICWI OBJECT MARKERS """1 tr-,i,,· ~~-:::D i-,~=! _ r r r ~ ~~~ ' , .L lorft.3"i:12" .r ;f T~ ~ ~ ~ .., ' ' ~_in .lli"-1 f'l.EXl!LE POST .... : : .L..N re ,, .llill.1 METAL POST OELINEATORS STATE ~ CALIFORNIA BUSINESS ANO TRANSPORTATION AGENCY DEPARTMENT OF TRANSPO~TATIO"t MA KEAS a DELINEATORS A74-A "' "' ----·-------------------------,---------------- Slatted hol•~·• 11.ti• RETURN SECTION TERMINAL SECTION TYPE aA" ,,, .. ~ ~ t21'" ~a"¢ RECESS NUT 5/e"¢BUTTON HEAD BOLT 12 "Lo Slo11ed holu ~·••la" Some 01 roil ~ 1l1menl S1ct1on TERMINAL SECTION TYPE B' 7 n:,,;;,;.. ... - t~,. ' - 3'4"12"2" Slol ~••II.ti" 510!1 ~dlq" ButlOl'IMOd OYOl 1houldet bolts w1lh II.ii rlCHHd hu null· Total· 8 per 1plic1 ond 4 per terminal uction Lop In direction ol lrollic. RAIL SPLICE 6'· • ~ Traffic SECTION THRU RAIL ELEMENT ,,,.. -FF1 ify:i-· FLAT PLATE WASHER ELEVATION -Jvlrll?QO Totno,l wilh I ·16d 901 nail on l<ICh lldt of lht block Gll)IJnd LN or ·. St.>,,,ldtr Surloein; J:J,, Ul'ldtrroillnQ -.J ... ' n 6"18"1:1'-4~0.F. ~ ""' Pott 1poclnQ 6'-3" c toe. LINE POSTS NOTES• L for tnd onchoroq, d1toi11 IH Standard Pinn A77·Dw, A79•C, A79·D. T1rmlnol wctlont will nol bt ln1loll1d on lhl lrailln; 1nd of q11<1rd roil ploc9d odjoctnl to on, ·way 1t1e1dway1 3 All llolll ~ poH Cll'ICI blc:d.1 .iiall 119 -.•,t I'.," STU( o, CAL110ANIA llUSl.'£SS ANO TIU,NSPCRTATION AGENCY OfPARTMENT Of TRANSPOATATIOt,I WOOD POST METAL BEAM GUARD RAILING A77-CW r /Nwt,ol o■it * ... f _ 1 ___,2=··•-·3_...,'" OPTIONAL DESIGN TERMINAL SECTION • 0.111· No•. TERMINAL SECTION-ELEVATION TERMINAL SECTION TYPE C DETAIL A SIHIOI Trpico1 I Lil'II Po■lt c,no; 6'-3• ~ --~\ (!"? rt.:. ,_ : Bac:k ol Rail lor Stroiqllt s«:tio,, 1;1~;,r:.~\~·:!:~::-.:•.!i,." ~ · .C::, T,o!hc Top11 or Flo,e occo,d111fi1 to Plon1 --~ _____ _,, ... ~ Su Nol, 2 l"O,o 11"lon9 ll'ud Th11odtdenllrt 1111>-;lh ' SO'Mi!'limum ELEVATION 6'-6" 1~1& '½6 -!~--I 'Y" ! / ,, . ..-Coblt lo bt ....!. l•O~ COIVl<ltled ~ .:.:::•I r:_::, c::1 I SWAGED FITTING ANO STUD s·,e·, !i'-4"D.F.Pott s·,s·.,•.4•0.F. Po■t Trim Poll lo Al '"91 Carrioqa bolt •/ha...,to,,d cvl --,.,., 6'-3• ',i1Macl'li"" boll■ •lrul •1nfl1t1 on P,11111 roe, Total:15 Iv._", tun m" 0f' Anc:llar Plate Z¼iDlo. Plolt G'°"'d Lll'lt .~: ,~·: I )~l!B!l!l!lll!l!llll!HI T1rm!t■,I Stello,, TrPt C P\..3"12\-■'J; ~,i•.adoll~ Mt1Mlotl" """ -• ,Mrll'iRQ ~-·· Metol ~ Gvoulroil ·---- 1"0ia.1W l~Dioho'lll'I ½ii" Plott Slal'lodord ...... ..,_,...., to,'4"cob1, ANCHOR Pt ATE DETAILS ~ I. UMd wlll'I SINI ar \llllctod Pott Guardrail 2.Far Tniilln9 tnd c,I quardt01l Gdjoc.-it lo __ _,,,~ Cllril lemiir,ol Section. Nt-■t to last pot I to bt o L" Pita! 3. Far dmllll no1 st,c,wn -Slondcrd Pl- 4. PDsfl tobt e.nl'trtd ~ ci::increlt loatinQ. For'" 1c■:k.t i11 cone,.,, to rec.in 6'"1e"PM1 ar ploct COl'ICrtll a,ou!'ld 6'",e"Po1I wrapptd .r111110,., af 'ii"ttiict. npand,d r,olytlJrtnt foam 11'1Mlillfil. CABLE ANCHOR ASSEMlLY (BREAKAWAY) A77-E "' CX) . .,, AC""' ACP •• BM ~ CG CIDH CIP Cl C.I CSP C8 EP E,pJr " ,,. HW IF LDL MH NS DC 811/0GF: PLAN ABBIIF:VIA 7/0NS A/Jul-I ~II cone,.,. P'J"-1 Jlbff/cl.ll rwrrwnl pip, &,g,nn,,,g al brrdpl OMdl lfft1rl ... ,,,,, o,n,.. toe_,,. g-:.:!3,r:7-Z. CDll·ttt·plao, c,- Column c:onugol«I ,,,., pi~ Eld of bridg1 £dg, ol pa_,,., £qHlf'1JIOII }0111I Far Iii# Footi119 Hip •olrt ln,ldt, f«I Ltly(JUI li,w _..,, Nrtlrlidl Owrcrollil'I{/ Dr DG DH PSP J , s r .. , RJW s .. , .. vc VP VCP w WW 8AGR HS MSGR Oullldr Ion Or,gtllOI (ltoomd ~t/'4od Pwlof'IJtld ittff pip,, Out,,, o.hf llfl /Jndp, ""'" ,,,, /Jridfltl Ou., r,ghl bnlpl Ov#t,OUIW r,gllt bndg1 :~:,:}'':I.a, ~~''°" Ti,p ond bollom t/ll~rcro11ing Ulldttrpou Vilflflld cloy pip,, DtolllO(II pu,rping p/tJnll w,,., .. 011 SrldQI Qp/HO(lt/J guard ttllling Htgfl 1/r,ngl/l Mila/ 1110m g11ord rolling l;t"m,n. d,o. IHJII, <f' mo11, IIJ«lng • .J'mn. ,m/wdmMI, lns,r/ 01u111/JI}' fN¥ U 11Hd.fll'OI' Cr,gin,1111 QPprtNo/. .. B8or CB ' •a,p111 of porm(I notch or d1m.n11011 /0 ob11ltN11I bod-II CMllt~f,011 joint 01111/t ol "°''"' ""''" • _,z• aMI _., bl tldutld to g• "''"· IO S11 Sl(llldord_ Pion Q 1··;.1 _,,. 6 .... •4· ,,, wlrid, fou •4 U •c• 6or1 l!eJ ,,,,~ ,- Sll[ION J·J »l',1i, (0/ltflll BlrlM ~ 2.,A a 111«1. 0-. "c' ... ...J ') ltllltll /on \ '"4lllan1t111titw . ,. f"l€YATJON =~ :,r,::::,~:,,••fo °ofj!:,,,, IJ«J•oll to111t111et,on Joli,/, 111 S,.,1I No. A.JS ·8. SLOPING ABUTMENT 811/0GF: OF:TAIL 1·2 Top of /Appl fO 0. (JI Of~ 11,f /op of rJ«j ~. ~ ml bol,r lo I» rrrror«I llfl-6aJl(y pr,or lo pJcri,g app,oodl p(lr9,,..,, ~,,w_, 1,t',12•~ bolldld .J'min . .ullfl OIi #odl lldl ol p'nl. W,,., 1111d on CIP prr1tr,11,d v,~,. donol llPfllY -11r,1op until ,,,.,.;ng If rw,ipw,, (ltonl~ (T (JIN,~ mt1t,r,o/J ST/1/P WATF:IISTOP OF:TAIL BRIDGE DETAIL 1-3 v,••12•1t1cp,-i,1 .1t,ip olOIIV lop a lidH of''""' .. ,. C.m11tf lo o/J11lml1tl Ollly, Sli1t1, ,,, SHF:Afl l<F:Y JOINT PIIOTECrtON BIi/OGE OF:TAIL (·6 ~r,mt1ldfd II~ JI. 111,,,-or 1.q)ONJ,d polyllp-. SH o/JulrMfll t#l(l//,1 !"mitt. Littlil ol &1tw/iflfl ,·-Pro/«'" ~('-dlxJotTI .or olfW a.'tol>II -"'"''' -"'·•11·~ ~ .,. min ll'Jtllll ,a&/1 lit# "' ,,,,., • ( Ftlld ,_,,,..,., lflltl dlOtttf• J l'd»ml.- S[R/P WATERSTOP CORNER DETAIL 8R/Q(i£ DETAIL J·:f WIMl'I 11ud 1111 CIP p,-11,111# trldgll,tlo_, apply ,,0/,r,1/c,, 111tlll llr1111ng ii tom/NII!. ., . ,,. , •. ,. . ,.. ,o' '·. ®••~""-" ~~ f C :::...wwwwDa. ___ _.M<L.11~, ;?\H_Q___ "c"IJM.....J ftlltMfoa, ftllll tlJ,Hfflf-'ttl .... •4,,,, ,.,,,.,,. ....... ........ •,u 0. Cl~ ,,.,1r.,,,, t,nq,,-. $, ,/-./ di, ""'p/#1 ~,,, .. ,, 1[111111/ ♦'6" frlr'"!I .,,.,.inf;, nm,,.,., {6-'6°b'W (j'\t, •~111n -J "j -.... ltttw ,.. -..,,.,..a. ., . tt·-Nom,aJ to ti/Jul. CL€VATIQN VERTICAL ABlJfM€NT ·v•eo,, ,,.,_ D•H" O•J6" • .,.9. '"4 I Ill' "61 ,a• '"619• • .,, 18' •.,~ 9 • . • ,, g• .. , ~· ..,, g• •s, g• • .,, g• "619' •g•g •4, ,· • .,, 6" .,,. CORNF« P€TAJl fPR SKFW trrAND LW CQRN£1f DETAIL fQR SKFW WER I()• W/Mi'WALLS FQR DIAPHRAGM ASUrMfNT 811/0GF: OF:TAIL /·$ ,.. - ... ., a• I· .,,u M1t RCINFORCJN(J ,,_., CALlfOANIA ITAUCTinl!I-DHIQN //60 =..: BRIDGE DETAILS --·----...__.._ ___ _ 80•1 Ill o_ , ' ,· ' ( ~ .- ' '·· ., . • ...... ·5· :-.. -1/80 Grt1diftt plot,, No/II: ,~&."-.:'. ELO'ATl()N SECTION WE'E'P HOLE' ANO PE'RV/OUS BACKFILL BRIDGE' DETAIL :,-/ A. 4'1 rtrotm1 , 2j'ma11, cw,t,r IO tt111!1r (!J'c-r Irr r,~ .J and 9!.J" c r tor r,,;-,f ~Mil,ng HtJl/1} For _,/J udjccrnl Ir, J/«,,,(J/kJ 0, c,rb:,, prOllldt ,f COIi iron or 01bnf'OI Ctm,ft/ pipl un<#r ,,,, rlfk.alll lo dscflargl 111'11 a,r/J /Ott. EJ(po:,,d ,,.,II drollrr rho/I~ kxtJlld ,•~ a11a .. f,fllf/1# grad,, ti. 6" 1(/lltl,.. 01.,,,,Nm or V(J(r,/Jlllt«/ IIHI wlfw # ,nn/t "'1rrlwofw rloll'l,(M/11 ,rlr, di#fflllft 0. OJ•} ArJCIJDr 1/nnfy IO bod foe,. C, Off ~Ir fool pr,YIOUI ~Ifill ""11'rrlOI ft ti /Jurlap 1«11,-,ly,.d. D. Ptfriw, IJaclflP ,,,,,,,,io, cr,r,/JNCUI DHIIM r,l(1lnlf'9 .all"' otx/tmf'tll. STA.NOAR0 DRAWlNc; <'.i) ADDEO NOTE -· -.. WALL EXPANSION JOINT BR/OGE' DETAIL :,.4 WALL EXPANSION JOINTS AND WEAKENED Pi.ANES BRIDGE' DETAIL :,-:, --·---- ....... .CAllFORNIA l!P.IIMl'I Df TUIISl'OITlTl)II --~ ..-w---~-.w. .LHQ_..__ .! ., .., _..Ji=p=;;i /Jondlttf #n.,_....,,,__,,r: WATE:RSTrJP '· ~-,_,,.,,,,_ 11•in ., ,w,,-4 n·t• • ,__, 01 .. ,o _,._ ,.. ---·--___ _. ,_,,,,.,. _,,,_ ....,., .. ,,,.,~,,,,., .. ,,....,,.,,,,. "'' ~ .... ""'°"'..,.,,-,,,,.-r. n,....,,.•,~.., bort,,z·--~,,.-,:,,,,,.. ... .....,. .. ,_,,~~_,.,,,~. Aw.rr.11" __,..,,,_ _.,,.h'INlr__., ., ,,-~. BRIDGE' OE'TAIL 3·6 Joml rrtf!J' 1w,,,,,,., .. "' '1o01rorr1/loord tt"'1 rw OocJt 1v ,,.. ,ool ,,, ~ ~, .. 0, lfW "1JIO#d lr:ttt , .. -1::~-- D£T.IIIL A WEAKENED Pi.ANES BRIDGE' DETAIL .J·I! IITIIUCT1Jl'll!!I-DE!IIO BRIDGE DETAILS -------BD· _, 0 M,tt 1lt1fl /lt,tlf'IHI ;:A "-1:.._ u->'6o'l"0""""911, ~,. / SECTION U•U (_ w11, .. drl.-111 ,r/11! ntt111dr1I, '"'" , /IJ/tlflUI mo, bl r,d1,1t,(/ lo o.,.,,,: .J-/mln .e ALrERNATIVE "u' NtU#61 SECTION W·W .. ,,,, ~" ' --+-l l ! j ! 1 s l A A IO' minilrll1'1 dittmtllr pi~ lll'IMslon (lllfdntll • 0.2:JO"mllt J fftt1Y IJ, 11,rd al IM llp of Allt!rnotit-, ·z• •!Ja11 lap,r ,., .JO' or mo,w flt /1nglf! All dow/1 or bot7 111/tlfld/rlg Info a fcollng /ltNfng o dPplll ln1 tllan ~o• ,1ta11 tw 11~«1. S ~ug, 11ir1 mrry 1w 1ubllllu1Pd l!Y W S.S ,rlrr, P,/11 may /'IOI bl lilfMdH ,n,pl in tl('COf(/(111(1 '"'" (ltlaill 11/o•ft ill I/II Pro],cl Plon1. Prut11I PrutruHd C011tr1l1 ----- SECTION X•X ' ALTERNATIVE: •x• PR«AST PR£STR~S£D Plf.ES: P • Pr11tn11/11v Fon, ~ a11cllorog1 II Jf'CIICII U1t'd is Jorvtr Iha,, ,,.,, m,n lt<t:/,on Ylr,,,,n • fllM 'p" lht(/ prv,ld, 860 p$I. .....,_ A1 •Minimum Ar,a al p,utr,ulng 111.,1 r,qufr,d. Cane,,,, Str,ngflt< IS •ZtJ day11 • 6,000 p.11 (Alt,rnaf/-11 "X"J 4,000 p1I (Afl,rnali•• "r"J rttfllran1f11 • 4,000 p.,J DESIGN LOAD/Ml • 70 TONS ,_., PILE WELDING RETAIL· BUTT JOINTS lfOln• I S'°t't Vtt•C•-• .... ,. ..... 0•-• ., .. uott ••• ,11 ,.,,, ... , 2 11-.,1 ,, • .,.a_ .. ,. .... ,,,, , .. .__,., _,,_, NOrE' F' • 1n A1t,mo1,-,., ·z~ '" "'6 oc,, llltalf11""'1 to"'' p,-,. 10 and,,,, ol/1,,-,.,, "°'6 l>a17 tlftd ,,,, 11/IITJI -~ 1/10111111,nd, al J,011, l'O a""'"' /lalf•ay b,l_n ,,.. p,11 tio and Mt lawuf of 111, fot,O .. ,,.g • o Bollom af faahltg b. rap of 1,11al ground 111r/ae,. ,:. rt¥' al o,/ginal ground 111,lae, .,.,,. llo/11 a,, dtl/11d ll,ra,.,g/1 .,,,1,a,.Jm1nl con1lrwt1d br Conlraclar. d. Bo,,om of pr,.dfillrd /la/11 gr,ol,r I/Ian pl/1 dl1m1l1r. ---------...... - 4 -c.,-J __ ... ---· -------""" 1~.l'Jl!IQ ~ snn p,,, :'!:'!!Z::9". S/Wlp,,.,,oo,,~,..,,,._._ a,\ooo'I a,tPOJf --~ .,,,,,. S,.Oal~lf!I,.. CALIFORNIA STIIUCTUJl:H0D!!IQN 8AR CALL our _ ...... _ -------------PILE DETAILS -CLASS 70 B 2-~ -.J I-' ,-----------------------------------r,=-~-::";:-=--•o~ ~ ~~-"'?·.1 SECTION A-A SECTION OF SCOUR CUT-OFF STUBS SCOur cut all 1r11bl 111 !O' 1nr.,yol1 COnllrll(I .. mllo• lo Ind '-'"'"· Cb-- PLAN OF FIR]_T __ COURSE IN TRENCH TYPICAL SECTION __ SAa,C,.K_E,.o._c_o,.N .. c,.R.,E,_T"E'-'S""L""O"P-'E'-P'-R"'O""T'""E,.cT.,_la,O.;N;....;Oa.N:....:SaaLaaOa.P..:Ea:S;.....I ½ q a I : I ,~, will\ ()ril l~ Ill end eut•ofl lfub 9• ~;:-:,: p=~~.i:· Pion ogo;n,1 11ndi1lurbld ma!ulol llCIPI Ill p11mlll1d bf lht Enginnr -"---- • _ •• ,,, i,eo · · ___ ,_ • -.1 I TYPICAL SECTION "C" TYPICAL SECTION "O" Noli• T701cal S1clion •c• and •o• nol to b1 uud adjonnl to w1111rwor1. -,~ .. ~ 1poctrad'l8 cir■. 0 3,, ,~::ructr,.L / «Jnflnuout btlwHII /, .!' 1lub1, E•lsllng IP'tu'ld / ~ llnt. ., 3°dhr dro1n111>61! l1'111r,ol1 • .,{scour cul·olf 1tub1 • zo• // lnltrvllll and 1111nd1. 14 1llrrup1~12 Clrl Wh,n ao,J condih0n1 or1 un1labl1, rul lool on pilu. (lncrton to 12° lh/c1ot,1u. SPN:iol dnl9" rtcr.1lr-.!. I -~ • 1Z clrt ,~ cut·oll nt. t' ro' ..... ,_ .. Qf\d °' ..-61 , ... OQOinll 11nd11Ubed motlfld, TYPICAL SECTION "A" TYPICAL SECTION SECTION B-8 Scolt• J· • i-o· _,. ___ _ --- CONCRETE SLOPE ~ROTECTION Sea1,, 1-'"•i'-o STRUCTURES•DESION s,crr • ., CALIFORNIA DEP&mlOO 01 11.lllY'Oll&TI0I SLOPE PROTECTION DETAIL NO. ----------... --~-·· 813· I ...., "' • Page 73 J\GRfilWNT FOR PRIVATE COOSSING THIS JIGREEMENT, made this __ day of ______ 198 between THE MOUSCN, '!OPEKA J\ND SANTA FE RI\.Iil'/AY CXMPANY, a Delaware =rporation (hereinafter called the "Rail-y Carpany"). party of the first part; am ___________ _ (h<:reinafter whether one or rrore persons or corp:,rations called "Second Party"), party of the se=nd part. RECITALS: 'lhe Sea:lnd Party has requested of the Railway Carpany pennission to cross for private pllrFOses the right of way and tracks of the Railway Carpany situated at or near Irvine, Cotmty of Orange, State of 03.lifomia, at the l=ation am in the manner shown upon the print hereto attached, No. 3-00313, dated July 20, 1983, marked -"Exhibit A", and hereby made a part hereof, which pennission the Rail.way Caipany is willing to grant upon conditions hereinafter set fort]:i. ARTICIE I. In consideration of the covenants of the Seaxld Party hereinafter set forth, the Railway Carpany . her~by agrees to construct am ~t use of a temporary contractor crossing m the l=ation shown upon said Exhibit A, including, ir considered necessary by the Railway Carpany, crossing signs, whistling JX)Sts am necessary gates or vehicle cattle guards in FaiJ.-y Carpany's fences, if any, as also shown on said Exhibit; am hereby gives to the Second Party license am permission to enter UJX)n am cross Railway O:npany's right of way and track or tracks. Fbr convenience, said crossing, including gates, vehicle cattle guards, crossing signs am whistling JX)sts, if any, are hereinafter collectively referred to as the 11Crossing11 • ARTICIE II. In consideration of the foregoing license and permission given by the Railway Crnpmy the Second Party, hereby agrees: 1. Second Party shall pay in advance the license fee of and No/100 Iollars ( _ __, __ .....,._), in addition to---,t~n-e--e-n~t-1._r_e--c-o~s""t-o=f construction of the Crossing, such cost being estimated at and No/100 [ollars ( _____ ) • If the actual _co_s.,.t.....,.th,-er_eo__,,f___,shal,--,-1-be,---more or less 'than said estimated cost, the difference shall be paid by Second Party or refunded by Railway Carpany, as the case may be. •, Page 74 S#PLE FOR WFOR'1ATIOO a-JLY may be, at the address shown on the signature page hereof, or addressed to such other address as the parties hereto may frcrn time tc time designate. 3. In the event that the Second Party herein embraces t\lO er ncre perscns or corporations, all the covenants and agreenents of the Second Party herein shall be the joint and several covenants and agreements of such perscns or corporations. 4. All the covenants and provisions of this 1\greement shall be binding uµm and insure to the benefit of the successcrs, legal representatives, and assigns of the parties to the same extent and effect as the same are binding up:m and insure to the benefit of the parties hereto, but· no assignment of this l'greement by the Second Party may be rrade without the written consent of the Railway Carpany in each instance. 5 • Second Party agrees to bear the entire cost of installation and maintenance of any Crossing protection devices required by any governmental agency having jurisdiction, whether or not such agency allocates all or a ,!X)rtion of such costs to Railway Carpany. If Railway Ccrnpany pays all or a portion of such ccsts in the first instance, Seocnd Party shall reimburse Railway Carpany therefor within tMmty (20) days after receipt of bill therefor. wben ir.stalled, such Crossing protection devices shall beccrne and are considered a part of the Crossing, 6. Second Party agrees to construct and maintain gates satisfactory to Railway Carpany and to keep same securely closed and locked when Railway Ccrnpany representative is not in attendance. Scraper-loaders shall not be permitted a=oss this crossing and all vehicles will stop before crossing tracks. 7 • Second Party agrees to carry and keep in force during the tetrn of 'this l'greanent, insurance of the kinds and in the arrounts not less than those specified below: (a) Public Liability Insurance with limits of not less than Five Hundred 'Ihousand I:bllars ($500,000) for all liability arising out of bodily injuries to or death of one perscn and, subject to that limit for each perscn, Coe Million I:bllars ($1,000,000) for all liability arising out of bodily injuries to or death of t\lO or more perscns in any one accident or occurrence. (b) Property Carnage Insurance wi.th limits of not less than cne Million I:bllars ($1,000,000) for each occurrence for all liability arising out of damage to or loss or destruction of property; and (c) Contractual Liability Insurance insuring its indannification of the Railway Ccrnpany under the provisions contained in Article · II, Section 4 of this Agreement in arrounts not less than these stated above as to deaths and bodily injuries and as to damage to or loss or destruction of property; it being distinctly understood and agreed by_ Second Party that its liability to the Railway Canpany under the provisions of said Section 4 of Article II hereof is not in any way limited to the arrount of insurcU1ce obtained and carried by Second Party pursuant to this Subsection (c). 8. Second Party agrees to furnish the Railway Canpany certificates of insurance or, if requested, a certified copy of insurance polity or policies providing the aforesaid insurance coverage which shall, by proper endoroement, name the Railway Carpany as an additional insured. 'There shall be excluded from such p::;licy or policies, by proper endorcement, any and all provisions which ' Page 75 , SNPLf FOR INFO~Wicr~ 0'11 Y 2. 'lb pay to the Railway Cotpmy fran time to time within twenty (20) days after bills are rendered therefore the entire cost of maintaining the Crossing. 3. \ 4. s. Crossing gates shall be kept closed and locked except when a Santa Fe representative is in attendance. 'Ihat it will at all times idemnify and save hannless the Railway O:::npany its successors and assigns, fran and against all claims,, denands, actions, or causes of action, arising or grcwing out of loss of or damage to property or · injury to or death of persons or livestock, resulting in any manner fran the construction, maintanance, use, state_ of repair, or presence of the Crossing U_FCl'l the Railway Carpany's premises, or the rem::ival of said Crossing therfran, and shall pranptly pay tothe Railway CaTpany the full amount · of any loss or damage 1-hich the Railway O::nipany may sustain, incur, or bea::me liable for, and all sums which the Railway O::nipany may pay or be canpelled · to pay in settlement of any claim on account there:,£ whether or not such loss or damage is caused or a:ntributed to by the negligence, or alleged negligence, or the Railway Ca!pany, its employees, agents or =ntractors. (a) Second Party covenants that it will not handle, transp:,rt or permit to be transported over the Crossing on Railway Company's property ''hazardous waste" or ''hazardous substances", as ''hazardous waste" and ''hazardous substances" may rDW or in· the future be .defined by any federal, state, or local governmental agency or bcrly. In the event the Crossing is rDW or in the future used in transp:,rting of ''hazardous waste" and ''hazardous substances", Se=nd Party agrees fully to canply with all applicable federal, state, and local laws, rules, regulations, orders, decisions and ordinances (hereinafter referred to as "Standards") =ncerning ''hazardous waste" and "hazardous substances". -Second Party further agrees periodically to furnish Failway O:::npany with proof, satisfactory to Railway Cotpmy, that Second Party is in such canpliance. Should Seoond Party not canply fully with the al:ove-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Railway Ccmpany may, at its option, terminate this Agreement by serving five (5) days' notice of termination up:,n Second Party; but any waiver by Railway Ccmpany of any breach of ·Se=nd Party's obligation shall not constitute a waiver of the right to terminate this Agreement for any subsequent breach which may occur, or to enforce any other provision of this l\greanent. tpon termination, Secand Party shall remove the Crossing and restore Railway O:::npany' s property as herein elsewhere provided. · (b) Notwithstanding anything ccntained in the liability Section hereof, in case of a breach of the obligations contained in this Section, or any of them, regardless of the negligence or alleged negligence of Railway Ca!pany, Second Party agrees to assune liability for and to save and hold harmless Railway Ccmpany fran and aga.inst all injruies to any person and .damage to property, including without limitation, employees and property of Railway Ccmpany and Se=nd Party and all related expenses, including without limitation attorneys' fees, investigators' fees and litigation expenses, resulting in whole or in part fran Seoond Party's failure to canply with any Standard issued by any governmental authority concerning hazardous substances and/or hazardous waste. Second Party, at its cost, shall assune the defense of all claims, suits or actions brought for danages, and fines or penal ties hereunder, regardless of whether they are asserted against Railway catpmy or Second Party. Second Party also agrees to reimburse Railway O:::npany for all costs of any kind incurred as a result of the Seccnd Party's · ' • Page 76 SflJP1£ FOR INFORJV8JIOO OOLY failure to c:cmply with this Section, including, but not limited to fines, penalties, clean-up and disposal costs, and legal costs incurred as a result of Se=ld Party's handling, transporting, or disposing of ''hazardous waste" or ''hazardous substances" over the Crossing on Railway O:mpany' s premises. (c) It is urxierstood and agreed that a Second Party who does net now, or in the future, tran..cport, or permit to be transported over the Crcssing on Railway Q:npany' s premises "hazardous waste" or ''hazardous substances" within the meaning of this Section, is not subject to the provisions of Subsection (b) supra. 6. In the event of the termination of this l'greement and permission as hereinafter in Article III provided, the Railway Catpany may rarove the Crossing and restore the adjoining fences and the right of way to their condition at the date of this Agreement without thereby incurring any liability to the Second Party of any character whatever, and the Second Party shall within twenty (20) days after bill is rendered therefor, reimburse the Railway Catpany for all expense which the Railway Catpany may incur in connection therewith. 7. While this Agreement and permission is personal to the Second Party, the servants, employees and agents of the Second Party, it is recognized that there is likelihood of th Crossing being used by unauthorized persons, and said Second Party agrees that f= the purp;:,ses of this Agreement all persons using the Crossing shall be deemed the agents and invitees of the Second Party. ARI'ICIE III l. It is mutually agreed that this Agreement and permission may be terminated by either party upon ten (10) days notice in ;..Titing to be served upon the opfX)site party, stating therein the day of the month that such termination will take place; ard upon the expiration of the time specified in such notice the existence of this Agreement and permission, and all rights and privileges of the Second Party thereunder shall absolutely cease. No termination of cancellation hereof shall release the Second Party £ran any liability or obligation hereunder, whether_ of indeminity or otherwise, resulting £ran any acts, anissions or events happening prior to the date of termination = cancellation =, if later, the date when the Crossing is removed and the adjoining fences and right of way restored to their condition at the date of this l'greement as in this l'greement provided. 2. All notices to be given hereunder shall be given in w-riting, by defX)siting same in the tnited States mail duly registered or certified, with fX)Stage prepaid, and addressed to the Second Party or Railway Catpany, as the case ' 9. Page 71 SA~Plf FOR INFORWITHJl 001 Y =uld exclude liability for death of or bodily injury to enployees of the Railway Ccmpany or damage to or loss or destruction of prq:erty of the Railway Ccmpany, resulting in any nanner £ran the construction, maintenance, use, state of repair or presence of the Crossing or the raroval thereof, or fran operatiai of Second Party thereover. Certificates reflecting =verage required by Sect,i.on 7 shall unqualifiedly require thirty (30) days written notice to Railway Ccmpany of cancellation or m::dification of insurance referred to in such certificates. In the event Second Party subcontracts any of its oi:,erations over the Crossing, it will require each and every one of its subcontractors to provide insurance =verage as hereinabove outlined and furnish certificates evidencing such insurance or, if requested, a certified =PY of the policy or policies of insurance to the Railway Q:npany. IN WI'lli""ESS WHEREOF, the parties have executed this Agreanent, in duplicate, the day and year first al:xJve written. THE ATClilSCN, '!OPEKA AND SANTA FE RAilliAY rolPANY Cile Santa Fe Plaza 5200 East Sheila street Ios Angeles, CA 90040 By-------------- Its _______________ _ By ____________ _ Its ---------------- ' • • ~age /'/j EXl--!IBIT "A" SJlf·PiE FOR INFOfU~IIOO i}1I Y ATTACHED TO CONTRACT BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND I CHICAGO, ILLINOIS SCALE: 1 IN. TO JOO LOS ANGE.LES f"OURTH DATE: JULY 20, 198~ ,s· To FULLER-YON Tu ~ T I "-I t-..l E.X. "'J' 0 i' X u ~ .. 3 .. t: FT. DIV. DIST. \ 1:: 1\1\YFOR'O OVE.'l....,-....,0 N'\.P. 17-S + ':!SctB.o E.S.:-.Z3~"-+4~-~ LEGEND: P. SW. C.P. --------------CHIEF ENGINEER DESCRIPTION APPROVED ~ " " • ,I-.. ~ " • ,.J r r • .. ~ ..I " ~., .. . ., <T • 3 !:: 0 . 2 UJ II'.., R/Ul I.: !O ,.; -,- So' .5o' R/UJ l _ ----'H+--"-~"C" To N....,TIO"-JA.l... 0 WTY VA.L E.t,..JC.IA. t,.J E., T MOULTON • _j_ __ 4; HAUL. R OA..0 .W:.-1Jrr,.,JC:. f'v\.P, 17-t ... .:::S7'f,i5.C. E...S. ~ ~'-"T ..-,q.z..o i "",•w POINT OF SWITCH CLEARANCE POINT RIGHT-OF-WAY LINE END OF TRACK ' T. COMPANY OWNED TRACKAGE A 1 .,.~ :---i I ./ .-' '- , S/>/1PLE FOR INFORMATION OOIY' PROFILE SCALE.: 1·=10· .-.----2.0' ----~+------z.o· ------1 -OESCRI PTION - ~MP0RARY 1.:.· PLANKED CROSSIIJG AND Al-.lD ROADWAY SHOIJ.J/..L SHA.OED. RAILROAD WORK Page 79 PLACE. 1'-T.F:' 112." FULL 0£PT\4 SECTIONAL PLANK .. F'LAC.E 2 1'3:.B SlGN.S. INDUSTRY· WCRK PLACE 2. 3'HIGH (M11'1) CHAIN LINK GATES-LE.NG.TH AND LOCATI0t-1 TO 5E. DE.TE RMINED BY SA.1-.JTA. FE INSPECTOR. PLACE A.C. PAVING APPROAC.HES. NOT£: CROSSll'-lC:. TO BE:. CLOSED AND LOCl-<E.O WI-IE/J IJOT ll'J USE:. SANTA FE. FLAC:.MA.N TO BE .STA. TI0l-JE.O AT CROSS Ir-JG A.T ALL TIME.S WHEN ROAD IS I'-! USE. A2