HomeMy WebLinkAboutDon Hubbard Construction Company; 1968-10-01; Proj 68-11- CITY OF CARLSBAD
SAN DIEGO COUNTY
CALIFORNIA
CONTRACT DOCUMENTS AND
CONSTRUCTION SPECIFICATIONS
. ' FOR
STORM DRAIN IMPROVEMENTS
A. T. & S. P. RR. R. 0. W. DRAINAGE PIPE
BETWEEN JUNIPER AVENUE TO TAMARACK AVENUE,
PROJECT NO. 68-11
DRAWING NO. 156-7
SEPTEMBER, 1968
ORIGINAL
INDEX
NOTICE INVITING SEALED PROPOSALS
INFORMATION FOR BIDDERS
PROPOSAL
BID BOND
AGREEMENT AND CONTRACT
BOND FOR FAITHFUL PERFORMANCE
BOND-FOR LABOR AND MATERIALS
GENERAL CONDITIONS
CONSTRUCTION SPECIFICATIONS
CITY OF CARLSBAD
NOTICE INVITING SEALED PROPOSALS FOR THE CONSTRUCTION OF
STORM DRAIN IMPROVEMENTS
A.T. & S.F. RR. R.O.W. DRAINAGE PIPE BETWEEN
JUNIPER AVENUE TO TAMARACK AVENUE.
Project No. 68-11 Drawing No. 156-7
Pursuant to a motion by the City Council of the City of Carls-
bad, California, ordering the work described as follows, to wit
The construction of storm drain improvements, including appur-
tenances and appurtenant work in connection therewith in A.T.
& S.F. Rr. Right of Way between Juniper Avenue to Tamarack
Avenue, known as Project No. 68-11, Drawing No. 156-7.'
For further particulars, reference is hereby made to the Const-
ruction Plans on file in the Office of the City Clerk of said
City of Carlsbad, and to the specifications for the said work
heretofore adopted by said City Council, and on file in the
Office of the City Clerk of said City, and all of said const-
ruction plans and specifications heretofore approved by the
City Council of said City are incorporated herein and made a
part hereof, and reference is hereby made thereto for a more
particular description of said work.
Said City Council, pursuant to the Labor Code of the State of
California, has ascertained and determined that the general
prevailing rates of wages in the locality in which the said
work herein described is to be performed, for each craft and
type of workman or mechanic needed to execute the contract, and
also the general prevailing rates for legal holidays and over-
time work for each craft or type of workman or mechanic to be
as follows:
Ci.: ".sbad Notice - 1
CLASSIFICATION ' RATE PER HOUR
CARPENTERS:
Carpenter. 5.44
CEMENT MASONS:
Cement Mason " 5.20
IRON WORKERS:
Reinforcing Iron Worker. 6.10
LABORERS:
Laborers, General or Construction. 4.225
Operators & Tenders of pneumatic & electric tools,
•.vibrating machines & similar mechanical tools. 4.435
Concrete Saw Man (excluding Tractor-type) Roto-
scrapper, Chipping Hammer, Concrete Core Cutter
& Form Blower. • 4.435
Asphalt Raker, Ironer, Spreader. 4.435
Cement Dumper (On 1 yd. or larger mixers & handling
bulk cement). 4.435
Cribber and Shorer. 4.585
Concrete Curer - impervious membrane. 4.415
Cutting Torch Operator (demolition). 4.275
Fine Grader (Highways, streets, sewer & drainage
lines). 4.325
Flagman. 4.225
Guinea Chaser. " 4.305
Tree Climber using mechanical tools. 4.435
Layer of all non-metallic pipe. 4.535
Maker & Caulker of non-metallic pipe. 4.415
Mortarman and Potman. ' 4.415
Watchman. 4.025
OPERATING ENGINEERS, GROUP I:
Air Compressor, Pump or Generator Operator. 4.68
Engineer - Oiler and Signalman. 4.68
Repairman's Helper (Heavy Duty). 4.68
OPERATING ENGINEERS, GROUP~II:
Concrete Mixer Operator (Skip Type) 4.77
Skip Loader Operator-Wheeltype-3/4 yard or less. 4.77
OPERATING ENGINEERS, GROUP III:
Hydra-Hammer or similar type equipment operator. 5.16
Power Concrete Saw Operator. 5.16
OPERATING ENGINEERS, GROUP IV:
Equipment Greaser. 5.27
Screed Operator. 5.27
Trenching Machine Operator (up to 6' depth capa-
city, Manufacturer's rating). 5.27
Carlsbad
GROUP V:
A—Frame or Winch Truck Operator. 5.46
Asphalt or Concrete Spreading, mechanical tamping or
finishing machine operator (all types and sizes). 5.46
Pavement Breaker Operator. 5.46
Road-Oil Mixing Machine Operator. 5.46
Oskosh or DW-10 or Tourneaupull Operators, or similar
type equipment with any type attachments. 5.46
Skip Loader Operator-Wheeltype-3/4 yard, up to and
including 1 1/2 yards. 5.46
Tractor Operator, (Dragtype shovel, bulldozer, tamper,
scraper and similar type equipment). . 5.46
Roller Operator (Compacting). 5.46
GROUP VI:
Concrete Mobile Mixer Operator. (Paving). 5.56
Grade-All Operator. 5.56
Heavy Duty Repairman. 5.56
Motor Patrol Operator (any type or size) . 5.56
Skip Loader Operator-Wheeltype-over 1% yards. 5.56
Tractor Operator with Boom attachments. 5.56
Trenching Machine Operator (Over 61 depth capacity,
Manufacturer's rating). 5.56
Universal Equipment Operator (Shovel, backhoe, drag-
line, mucking machine, clamshell, derrick barge and
pile driver). 5.56
TRUCK DRIVERS:
Dump Truck Driver - less than 8 cu.yds. level capacity. 4.84
Dump Truck Driver - 8.cu.yds. but less than 12 cu.yds. 4.89
Dump Truck Driver - 12 cu.yds. but less than 16 cu.yds. 4.97
Dump Truck Driver - 16 cu.yds. or more. 5.19
Transit-Mix Truck Driver - under 8 yards. 5.19
Transit-Mix Truck Driver - 8 yards and over. 5.33
Water Truck Driver - under 2500 gallons. 4.87
Water Truck Driver - 2500-4000 gallons. 4.99
Road-Oil Spreader Truck Driver. , 4.99
Bootman 4.99
Truck Greaser. 5.27
Tireman. • 5.37
Any classification omitted herein, not less than 4.225
Carlsbad
The above listed rates are based upon a working day of 8 hours,
being proportionately applicable to 8 hours or less of employment
in any 1 calendar day other than Saturdays, Sundays and the foll-
owing seven (7) legal holidays, to wit: New Year's Day, Memorial
Day, Fourth of July, Labor Day, Veterans' Day, Thanksgiving Day
and .Christmas Day, where any work is required in case of extra-
ordinary emergency caused by fire, flood or damage to life or
. property. For any working time of more than 8 hours in any 1
. calendar day and for time worked on Saturdays, Sundays and any
of the aforementioned holidays, not less than 1 1/2 times the
specified rates shall be paid; provided, however, that notwith-
standing the general provisions hereinabove set forth, the
straight rates as specified for Flagmen, Guards or Watchmen shall
be applicable to a maximum of 8 hours or employment per calendar
day, including Saturdays, Sundays and holidays for a total of not
over 40 hours per week, but not less than 1 1/2 times such speci-
fied rates shall be paid to said Flagmen, Guards and Watchmen
for any time worked in excess of 8 hours per day or 40 hours per
week.
It shall be mandatory upon the contractor to whom the contract is
awarded and upon any subcontractor under him, to pay not less
than the prevailing and specified rates to all laborers, workmen
and mechanics employed by them in the execution of the contract
as per the Labor Code of the State of California for the speci-
fic locality.-
NOTICE IS HEREBY GIVEN inviting sealed proposals or bids for doing
all work hereinabove described and ordered in said motion ordering
work to be presented to the City Clerk at his office in the City
Hall up to the hour of 2:00 o'clock P.M. on September 23 , 1968.
All bids presented shall be accompanied by a security in an amount
equal to at least 10% of the bid submitted. Said security may be
furnished on any one of the following forms:
A. Certified Check made payable to the City of Carlsbad.
B. Bidder's Bond made payable to the City of Carlsbad, executed
by the bidder and the two sureties who shall justify, before
any officer competent to administer oath, in double the said
amount and over and above all statutory exemptions.
C.- Corporation Surety Bond to the satisfaction and approval of
the Superintendent of Streets.
The contractor to whom an award may be made will be required to
furnish with the contract, 2 surety bonds,1 Faithful Performance
Bond in an amount equal to not less than 100/c of the aggregate
amount of the bid and 1 Material & Labor Bond in an amount not
less than 50% of the aggregate amount of said bid.
Carlsbad Notice - 4
The City Council of said City reserves the right.to reject any
or all bids and to waive any informality on a bid not affected
by law.
Dated this 4th day of September , 1968.
/s/
MARGARET E. ADAMS, City Clerk
City of Carlsbad.
Carlsbad , Notice - 5
CITY OF CARLSBAD
STORM DRAIN IMPROVEMENTS
A.T. & S.F. RR. RIGHT OF WAY DRAINAGE PIPE BETWEEN JUNIPER AVENUE
TO TAMARACK AVENUE, PROJECT NO. 68-11, DRAWING NO. 156-7.
INFORMATION FOR BIDDERS
1. RECEIPT AND OPENING OF BIDS:
Sealed bids for the construction of storm drain improvements on
A.T. & S.F. Rr. Right of Way Drainage Pipe between Juniper Avenue
to Tamarack Avenue, in Project No. 68-11, will be received by the
City Clerk of the City of Carlsbad, California, at the City Hall,
1200 Elm Avenue, Carlsbad, California 92008, until the hour of
2;QQ o'clock P.M. on September 23 , 1968 , at which time
they will be opened and read in public. Bids received after
that time will not be considered.
2. DRAWINGS AND SPECIFICATIONS:
Drawings and'specifications may be examined at the Office of the
City Clerk, City Hall, Carlsbad, California. Drawings and spec-
ifications may be obtained from the City Clerk for a $ 5.00 charge,
plus $1.50 for mailing, non-refundable.
3. • SITE EXAMINATION:
Each bidder should examine the plans and specifications and the
site of the work and fully acquaint himself with all conditions
and matters which can in any way affect the work or cost thereof.
4. PREPARATION OF BIDS:
Bids must be submitted on the prescribed form. Bid prices must be
filled in, in ink, in both words and figures. In case of discre-
pancy between unit prices and amounts, unit prices will govern.
Erasures or other changes must be noted over the signature of the
Bidder.
5. BID GUARANTEE:'
All bids presented shall be accompanied by a security in an amount
equal to at least 10% of the bid submitted. Said security may be
furnished on any one of the following forms:
A. Certified Check made payable to the City of Carlsbad.
B. Bidder's Bond, made payable to the City of Carlsbad, executed by
the bidder and the 2 sureties who shall justify, before any off-
icer competent to administer oath, in double the said amount and
ovei and above all statutory exemptions.
C- Corp-:ration Surety Bond to the satisfaction and approval cf
thf Superintendent of Streets.
The bond shall have as surety thereon a company satisfactory to the City
Council. Said check or bond shall be given as a guarantee that the bidder
will enter into a contract if awarded the work, and in case of refusal or
failure to enter into said contract, the check or bond shall be forfeited
to the City. Within ten :(10) days after awarding the contract, the City
Council will return the proposal guarantee accompanying each of the propo-
sals which are rejected.
6. Contract Bonds:
The successful bidder'will be required at the time of executing the con-
f tract to furnish a labor and material bond in an amount equal to fifty
per cent (50) of the contract price, and a faithful performance bond
in an amount equal to one hundred per cent (100%) of the contract price.
Said bonds shall be secured from a surety company satisfactory to the
City Council.
7. Submission of Bids:
Bids must be submitted in sealed envelopes bearing on the outside the
name of the bidder, his address and the name of the project and the
date of opening.
8. Withdrawal of Bids:
Bids must be withdrawn in writing prior to the date of opening of bids.
After such date, a bidder may not withdraw his bid until the expiration
of thirty (30) days, after which time a bid may be withdrawn only in
writing and in advance of actual award of contract.
9. Award of Contract:
Award of contract will be made to the lowest responsible bidder complying
with the requirements of the contract documents, providing the bid is
reasonable and it is to the interest of the City of Carlsbad to accept
it. The City Council, however, reserves the right to reject all bids and
to waive any informality in bids received.
10. Time of Completion:
The Contractor will begin work within fifteen (15) days after the exec-
ution of the Contract Agreement and shall diligently prosecute the same
to completion within:
FORTY FIVE (45) CONSECUTIVE CALENDAR DAYS
from the execution of the contract.
C^rlsbad Information for Bidder? - .;
11. REJECTION OF PROPOSALS; *-••
Proposals may be rejected if they show., any alternative of form, addi-
•tions not called for, conditional or alternative bids, incomplete bids,
or irregularities of any kind. The right is reserved to reject any or
all proposals.
12. REGISTRATION OF CONTRACTORS;
Before submitting bids, contractors shall be licensed in accordance
, with the provisions of Chapter 9, Division 3, of the Business and
Professions Code.
13. ENGINEER'S ESTIMATE:
The preliminary estimate of quantities of work to be done and materials
to be furnished is approximately as shown upon the Plans and is given
as a basis of comparison of bids only, and the City does not expressly
or by implication agree that the actual amount of work will correspond
therewith. ;
14. WAGE SCALE:
The Contractor will be required to pay his employees working upon the
project wages at least equal to the wage scale set forth in the "Notice
Inviting.Sealed Proposals." No workman will be permitted to work more
than eight (8) hours per day except as provided in Sections 1810 and
1816, inclusive, of the Labor Code of California.
15. STATE AND LOCAL LABOR AND MATERIAL REQUIREMENTS;
Attention is called to the State and Local labor and material require-
ments, which form a part of the contract or specifications.
16. INTERPRETATION OF DRAWINGS AND SPECIFICATIONS:
If any person contemplating submitting a bid for the proposed work is in
doubt as to the true meaning of any part of the plans, specifications or
other proposed contract documents, or finds discrepancies in or omissions
from, the drawings or specifications, he may submit to the Engineer a
written request for an interpretation or correction thereof. The person
submitting the request will be responsible for its prompt delivery. The
City will not be responsible for any explanation or interpretation of the
proposed documents.
Carlsbad Information for Bidders - 3
17. BIDDERS INTERESTED IN MORE THAN ONE BID;
No person, firm or corporation shall be allowed to make or file or be
interested in more than one bid for the same work, unless alternative
bids are called for. A person, firm or corporation, who has submitted
a sub-proposal to a bidder, or who has quoted prices on materials to a
bidder, is not hereby disqualified from submitting a sub-proposal or
quoting prices to other bidders.
18. INFORMATION REQUIRED OF BIDDERS;
The bidder is required to supply the following information. Additional
sheets may be attached if necessary.
(1.) Address_ (2.) Telephone
(3.) Type of Firm: Individual, Partnership or Corporation_
(4.) Corporation organized under the laws of the (5.) Contractor's Lie. No
.' State of . . .
(6.) List the names and addresses of all. members of the firm or names and
titles of all officers of the corporation.
(7.) Number of years experience as a contractor in construction work .
(8.) List at least three projects completed as of recent date:
-Contract Amount Class of Work Date Completed Name & Address of Owner
(9.) List the name and address of each subcontractor who will perform work
in or about the work or improvement and indicate what part of the work
Carlsbad •'. . . Information Tor Bidders - 4
will be done by each subcontractor:
Name . Address Work to be Performed
10. List the name of the person who inspected the site of the pro-
posed work for your firm: ; .
11. Upon request of the City the"Bidder shall submit a Notarized
Financial Statement, financial data or other information and refer-
ences sufficiently comprehensive to permit an appraisal of his
current financial condition.
Carlsbad In formal: ion .'• : it j.ciders - 5
CITY OF CARLSBAD STORM DRAIN IMPROVEMENTS
A.T. & S.F. RR. RIGHT OF WAY DRAINAGE PIPE BETWEEN JUNIPER AVENUE
-TO TAMARACK AVENUE, PROJECT NO. 68-11, DRAWING NO. 156-7.
CONTRACTOR'S PROPOSAL
TO THE HONORABLE, THE COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA,
COUNTY OF SAN DIEGO:
In compliance with the advertisement calling therefor, I hereby
propose and agree to perform the work mentioned therein and pay
not less than the prevailing rate of per hourly wages, and fur-
nish materials in accordance with the specifications and execu-
te the contract therefore to the satisfaction and under the su-
pervision of the City Engineer of the City of Carlsbad, Calif-
ornia, at the following prices:
SCHEDULE OF WORK ITEMS
Item Approx. Item With Unit Prices
No. Quantity Written In Words
Unit Prices
In Figures.Total
1. 667.00 lin.
feet
Construct 60" 1100-D
Load, reinforced con-
crete pipe, or alter-
nate cast in place
pipe, complete in place
at
jper lin. ft.
2. Lump Sum Construct Curtain Head-
wall, complete in place,
Lump Sum
Carlsbad Proposal - 1
Schedule of Work Items (Continued)
Item Approx. Item With Unit Prices Unit Prices
No. Quantity Written In Words In Figures Total
3. Lump Sum Construct Join Section of
existing gunite and 60" R.
C.P., complete in place,
_Lump Sum
GRAND TOTAL
NOTE: The above Item 1 bid is based on
(reinforced concrete pipe) (cast in place concrete pipe)
(Strike out type not applicable)
Carlsbad Proposal - 2
It is understood that the approximate quantities shown above
are solely for the purpose of comparison of bids, and that
the Contractor's compensation will be computed upon the basis
of the actual quantities in the complete work, whether they
be more or less than those shown herein.
The undersigned agrees to complete the work in every detail
within FORTY FIVE (45) Consecutive calendar days from the
date of execution of the Contract. If awarded the Contract
for the work, the undersigned agrees to sign said contract
and furnish the necessary bonds within not less than ten (10)
days nor more than twenty five (25) days after the first
publication of the "Notice of Award" of said Contract and
to begin work within fifteen (15) days from the date of
execution of the Contract.
The undersigned, if awarded the contract, intends to subcon-
tract certain portions of said contract in accordance with
the following schedule:
Name of Subcontractor Location of Offices Portion of Work To
Be Subconttracted
Enclosed is Bidder's Bond, Certified Check or Corporation Surety
Bond No. . of the Bank, for
$ ; . , payable to the City of Carlsbad,
California, which is not less than ten per cent (10%) of this
bid, and which is given as a guarantee that the undersigned will
enter into the contract if awarded to the undersigned.
The -undersigned bidder hereby represents as follows: (a) That
no Councilman, officer, agent or employee of the City of Carlsbad,
is personally interested, directly or indirectly, in this con-
tract, or the compensation to be paid hereunder; that no repre-
sentation, oral or in writing, of the City Council, its officers,
agents or employees, has induced him to enter into this Contract,
excepting only those contained in this form of Contract and the
papers made a part hereof by its terms.
Carlsbad . Prooosal - 3
(b) 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.
Dated:
Signature of Bidder:
Business Address:
Telephone:
Contractor's License No.
Carlsbad Proposal - 4
CONTRACT ;AGR:EE_ME_NT
FOR
CITY OF CARLSBAD I ^f
— ^
-THIS AGREEMENT, made and concluded this ^'^ day of October
* . *•
1968 _ . , by and between Don Hubbard Construction Co, herein-
after designated as the Contractor, and David M. Dunne _ , as the
Maor
of the City of Carlsbad, State of California.
WITNESSETH: That whereas the said Contractor, as will fully appear
by reference to the proceedings of the City Council of said City of Carls-
bad, has been awarded the contract for the work hereinafter mentioned, and
the parties hereto have mutually covenanted and agreed and do, by these
presents, covenant and agree with each other as follows:
The complete contract includes all of the contract documents, to wit:
The Advertisement and Information to Bidders, the Bid, the Contract, the
Bonds executed in connection herewith and all official papers and documents
relating hereto on the work to be performed hereunder, the Construction
Specifications, the General Conditions, the Drawings and all modifications
incorporated in those documents before their execution. These documents
shall be .deemed and considered as forming a part of this contract as fully
and to the same extent as if the same were copied at length and fully set
forth herein and whether or not attached hereto. Any and all obligations
of the City and the Contractor are fully set forth and describee therein.
All contract documents and plans are intended to coordinate so that
any work called for in one and not mentioned in the other or -.ice versa
is to be executed the same as if mentioned in all ccntre.cL ; ..:::. ;:nc set
forth in the drawings.
Carlsbad ~': ~ •
The said contractor agrees to furnish all tools, equipment, appar-
atus, facilities, labor and material necessary to perform and com-
plete, in a good and workmanlike manner, under the direction and
to the satisfaction of the City Engineer, the work of storm drain
improvements and incidental work and all other work of the City
of Carlsbad, County of San Diego, State of California, and in the
manner designated and in strict conformance with the plans .and
specifications adopted by the City Council of the City of Carlsbad,
County of San Diego, State of California, which said plans and
specifications are entitled "A.T. & S.F. RR. RIGHT OF WAY DRAINAGE
PIPE BETWEEN JUNIPER AVENUE TO TAMARACK AVENUE, PROJECT NO. 68-11."
It is understood and agreed that said tools, equipment, apparatus,
facilities, labor and materials shall be furnished and said work
performed and completed as required in said plans and specifications
under the direction and supervision of the City Engineer. The said
contractor for the consideration herein mentioned promises and
agrees with the said City that the contractor will do and perform
the following work, furnish the necessary materials, and inciden-
tal items, at the following bid prices, to wit:
SCHEDULE OF WORK ITEMS
Item Approx. Item With Unit Prices Unit Prices
No. Quantity Written In Words In Figures Total
1. 667.00 Construct 60" 1100-D load,
lin.ft. reinforced concrete pipe,
•or alternate cast in " '
,place pipe, complete ..u
in place at twenty seven
dollars and sixty cents
per lin. ft. 27.60 18^409^1
Contract - 2
Schedule of Work Items (Continued)
Item Approx. Item With Unit Prices Unit Prices
No. Quantity Written In Words In Figures Total
•*
2. Lump Sum .Construct Curtain Headwall,
complete in place
five hundred dollars
_Lump Sum 500.00 500.00
3. Lump Sum Construct Join Section of
existing gunite & 60" R.C.
P., complete in place
three hundred dollars
_Lump Sum 300.00 300.00
GRAND TOTAL nineteen thousand
two hundred and nine _
dollars and twenty cents $19,209.20
NOTE: The Above Item 1 Bid is based on:
(reinforced concrete pipe)
(Strike out type not applicable) .
Contract
AND the City Engineer, hereby fixes time for the commencement
of said work at fifteen (15) days after the Contractor receives
notice that the Contract has been approved by the City of
Carlsbad, and hereby fixes the time for the completion of"said
work at FORTY FIVE (45) consecutive calendar days from the time
of commencement.
The City Engineer shall have the authority to suspend the work
wholly or in part, for such period as he may deem necessary
due to unsuitable weather, or to such .other conditions as are
considered unfavorable for the suitable prosecution of the
work, or for such time as he may deem necessary, due to the
failure on the part of the Contractor to carry out orders
given, or to perform any provisions of the work. The Contractor
shall immediately comply with the wrrtten order of the City Eng-
ineer to suspend the work wholly or in part and shall not resume
the work until ordered in writing by the City Engineer.
It is agreed by the parties to the Contract that in case ail the
work called for under the Contract is not completed before or
upon the expiration of the time limit as set forth in these
specifications, damage will be sustained by the City of Carlsbad,
and that it is and will be impracticable to determine the actual
damage which the City will sustain in the event of and by reason
of such delay; and it is therefore agreed that the Contractor
will pay to the City of Carlsbad the sum of Fifty Dollars,
($50.00) per day for each and every days' delay beyond the time
limit prescribed to complete the work; ar.d tr-- Centrector agrees
to. pay such liquidated damages as herein provided; and in case
the same are not paid, agrees that the City of Carlsbad may
deduct the amount thereof from any money due or that may
become due the Contractor under the Contract.
All payment are to be progressive; paid as of the last working
day of each month, based on a progressive report made by the
Contractor. Said report shall be presented to the City Engineer
for payment. 10% of each payment shall be retained until final
"acceptance of the entire work by the City of Carlsbad. Required
materials of construction on the job site shall be computed in
progressive payments.
The City Engineer, shall, after the completion of the contract,
make a final estimate of the amount of work done thereunder, and
the value of such work, and the City of Carlsbad shall pay the
entire sum so found to be due after deducting therefrom all pre-
vious payments and all amounts to be kept and all amounts to be
retained under the provisions of the Contract. All prior partial
estimates and payments shall be subject to correction in the
final estimate and payment. The final payment shall not be due
and payable until the expiration of thirty five (35) days from the
date of acceptance of the work by the City Council.
It is mutually agreed between the parties to the contract that no
certificates given or payments made under the contrs.ct except the
final certificate or final payment, shall be ccnc'J.'j;-.i.v::: evidence
of the performance of the contract, either who' ;; :j: -"'?i '!'"•' "•
against any claim of the contract, and no payment shall be con-
strued to be an acceptance of any defective work or improper mat-
erials. •
And the Contractor further agrees that the payment of the final
amount due under the contract, and the adjustment and payment
for any work done in accordance with any alterations of the
•same, shall release the.City of Carlsbad, the City Council,
and the City Engineer, from any and all claims or liability on
account of work performed under the contract or any alteration
thereof.
AND IT IS AGREED AND expressly understood by the parties to this
agreement and notice thereof is hereby expressly given, that in
no case (except where it is otherwise provided by Law) , will the
City of Carlsbad or ay officer thereof, be liable for any portion
of the expenses of the work aforesaid for any delinquency of
persons or property assessed.
The Contractor further agrees that in the performance of the work
contemplated by this contract, not less than the prevailing rate
of per hour wages hereinafter specified shall be paid to all
laborers, workmen and mechanics employed by the Contractor or by
any subcontractor in the performance of the work contemplated by
this contract; and that the contractor shall forfeit as a. penalty
to the City of Carlsbad Ten Dollars ($10.00) for each laborer,
workman or mechanic employed for each calendar day cr portion
thereof that such laborer, workman or mechanic i.x paid lv : ?, t: ;;,;•
the following specified rate for any work done untie; v.~c • .; I • ,.
by the contractor or any subcontractor:
CLASSIFICATION RATE PER HOUR
CARPENTERS:
Carpenter. 5.44
CEMENT MASONS:
Cement Mason 5.20
IRON WORKERS: ~ ** '
Reinforcing Iron Worker. 6.10
LABORERS:
Laborers, General or Construction. 4.225
Operators & Tenders of pneumatic & electric tools,
vibrating machines & similar mechanical tools. 4.435
Concrete Saw Man (excluding Tractor-type) Roto-
scrapper, Chipping Hammer, Concrete Core Cutter
& Form Blower. 4.435
Asphalt Raker, Ironer, Spreader. 4.435
Cement Dumper (On 1 yd. or larger mixers & handling
bulk cement). 4.435
Cribber and Shorer. 4.585
Concrete Curer - impervious membrane. 4.415
Cutting Torch Operator (demolition). - 4.275
Fine Grader (Highways, streets, sewer & drainage
lines). " 4.325
Flagman. 4.225
Guinea Chaser. 4.305
Tree Climber using mechanical tools. 4.435
Layer of all non-metallic pipe. 4.535
Maker & Caulker of non-metallic pipe. 4.415
Mortarman and Potman. ' 4.415
Watchman. 4.025
OPERATING ENGINEERS, GROUP I:
Air Compressor, Pump or Generator Operator. 4.68
Engineer - Oiler and Signalman. 4.68
Repairman's Helper (Heavy Duty). 4.68
OPERATING ENGINEERS, GROUP "II:
Concrete Mixer Operator (Skip Type) 4.77
Skip Loader Operator-Wheeltype-3/4 yard or less. 4.77
OPERATING ENGINEERS, GROUP III:
Hydra-Hammer or similar type equipment operator. 5.16
Power Concrete Saw Operator. . 5.'16
OPERATING ENGINEERS, GROUP IV:
Equipment Greaser. 5.27
Screed Operator. 5.27
Trenching Machine Operator (up to 6' depth capa-
city, Manufacturer's rating). 5.27
Carlsbad
GROUP V:
A-Frame or Winch Truck Operator. . 5.46
Asphalt or Concrete Spreading, mechanical tamping or
finishing machine operator (all types and sizes). 5.46
.Pavement Breaker Operator. 5.46
Road-Oil Mixing Machine Operator. - '* 5.46
Oskosh or DW-10 or Tourneaupull Operators, or similar
type equipment with any type attachments. * 5.46
Skip Loader Operator-Wheeltype-3/4 yard, up to and
. including 1 1/2 yards. 5.46
.Tractor Operator, (Dragtype shovel, bulldozer, tamper,
scraper and similar type equipment). 5.46
Roller Operator (Compacting). 5.46
GROUP VI:
Concrete Mobile Mixer Operator. (Paving). 5.56
Grade-All Operator. 5.56
Heavy Duty Repairman. 5.56
Motor Patrol Operator (any type or size). 5.56
Skip Loader Operator-Wheeltype-over 1% yards. 5.56
Tractor Operator with Boom attachments. 5.56
Trenching Machine Operator (Over 6' depth capacity,
Manufacturer's rating). 5.56
Universal Equipment Operator (Shovel, backhoe, drag-
line, mucking machine, clamshell, derrick barge and
pile driver). 5.56
TRUCK DRIVERS:
Dump Truck Driver - less than 8 cu.yds. level capacity. 4.84
Dump Truck Driver - 8-cu.yds. but less than 12 cu.yds. 4.89
Dump Truck Driver - 12 cu.yds. but less than 16 cu.yds. 4.97
Dump Truck Driver - 16 cu.yds. or more. 5.19
Transit-Mix Truck Driver - under 8 yards. 5.19
Transit-Mix Truck Driver - 8 yards and over. 5.33
Water Truck Driver - under 2500 gallons. 4.87
Water Truck Driver - 2500-4000 gallons. 4.99
Road-Oil Spreader Truck Driver. . 4.99
Bootman 4.99
Truck Greaser. 5.27
Tireman. 5.37
Any classification omitted herein, not less than 4.225
Carlsbad
OVERTIME: Not less than 1% times the above prevailing rates of
per hour wages shall be paid for overtime work performed on Sun-
days, and legal holidays as defined in Sec. 6700 of the California
Government Code, for work performed in excess of 8 hours in any one
calendar day where overtime is permitted by law.
• In accordance with the provisions of the Labor Code *and in accord-
ance with the regulations of the Calif. Apprenticeship Council,
properly indentured apprentices may be employed in the prosecution
of the work. Information- relative to the number of apprentices,
identification, wages, hours of employment and standards of work
conditions shall be obtained from the Director of the Dept. of
Industrial Relations, who is the Administrative Officer of the
Calif. Apprenticeship Council, 110 State Bldg., San Francisco, Cal.
It is stipulated that 8 hours of labor shall constitute a legal
day's work upon all work done hereunder and the Contractor agrees
that neither he or any subcontractor doing work or performing
labor pursuant to the terms of this contract, who directs or con-
trols the work of any laborer, workman or mechanic upon any of
the work provided in this contract to be done shall require or per-
mit such laborer, workman or mechanic to labor more than 8 hours
during one. calendar day, except in case of extraordinary emergency
caused by fire, flood or damage to life or property; and it is
further agreed and covenanted that said Contractor shall forfeit
as a penalty to the City, Ten Dollars ($10.00) for each laborer,
workman or mechanic employed in the execution of this contract
by said Contractor or by any subcontractor upon any of the work
provided to be done by this contract for each calendar day during
which such laborer, workman or mechanic is required or permitted
to labor more than 8 hours in violation of the provisions of the
L;.il:o r Code of the State of California.
Contract - 9
Said Contractor further agrees and covenants that he will not knowingly
employ or allow to be employed upon any of the work provided to be done
in this contract, any alien, contrary to the provisions of the Labor Code
of the State of California, and that the Party of the First Part shall
forfeit as a penalty-to the Cityof Carlsbad, TWENTY FIVS EJOLLARS) for each
such alien knowingly employed upon any of the work provided in this con-
tract to be done by the Contractor, contrary to the provisions of said
Code, for each calendar day or portion thereof during which such alien
is permitted to labor in violation thereof. The term "alien" as used herein,
shall mean any person who is not a born or fully naturalized citizen of
these United States. ;
The Contractor agrees that only materials produced or manufactured in these
United States shall be used in the performance of this contract. The Con-
tractor agrees to provide concurrently with the execution of this contract,
a material and labor bond in the amount of fifty per cent (50%) of the con-
tract price. Contractor .further agrees to provide the City a faithful per-
formance bond in the amount of one hundred per cent (100%) of the contract
price.
In the event of Contractor* bankruptcy, insolvency or breach in any of the
terms and covenants of this Contract, then in such event, the City may at its
option, terminate all work pursuant to the terms of this contract and proceed
jt
to complete the construction called for by this contract and receive payment
for said completion from the Surety of the Contractor, in accordance with the
bonds submitted concurrently with. fair, contract. In such event, the City shall
give to the Surety thirty (30) dc.y.7 ;..••-'.': cf of its election to require the
Surety to perform.
Carlsbad . Contract - 1°
In case of dispute as to the value of work performed, or the value of extra
work not contemplated by this contract, then in such event, the Engineer, sub-
ject to the City Council's approval, shall decide upon .the value of such work,
or the value of omission to perform work and the amount of payment to be made
therefor. . - - ' • .
Contractor shall secure all necessary City permits and comply with all State
and City laws. • .
The City Engineer shall be authorized to inspect all materials sufficiently in
advance of their use to ascertain their fitness for the use specified. The Con-
tractor shall be obliged to provide the following policies of insurance, in
the form of a certificate of insurance or in the form of an insurance policy
wherein the City is named as an additional assured:
(a) Workman's Compensation Insurance as required by State Law.
(b) Public Liability and Property Damage in the amount of $300,000 for injur-
ies or death sustained by one person and $500,000 for injuries or death
sustained in one accident and property damage insurance in the amount of
$100,000. Said insurance as procured by the Contractor shall protect the
City from any and all liability resulting -from Contractor's performance
of the contract, together with all acts, including acts of neglect,
incident to the Contractor's performance of the contract.
IN WITNESS WHEREOF: The parties to these presents have hereunder set -their -
hands and have caused these presents to be executed in the County of San
Diego, the day and year in this agreement first above written.
CITY OF CARLSBAD
ATTEST:DAVID M. DUNNS, Mayor
( / City Cle'rk
Contractor
I HEREBY APPROVE the draft of the within and foregoing contract this
day of (OctefcM , 19^7 .
Attorney for the City of
Carlsbad
Contract-Carlsbad Contract-!'!
C.I.TY O_ F £ARLS.B_AD
GENERAL CONDITIONS
SECTION I'- DEFINITIONS AND TERMS
The following words and phrases, when used in these specifications, shall
have the meaning respectively described to them in this section.
^•' Grading; The shaping of the ground surface by excavating or
• filling so that it will conform to an approved sec-
tion and official elevation.
B. Construction Plans: The plans' showing work to be done.
C. Construction Specifications: The specifications pertaining
to the method and manner of performing the work
and to the quality of and quantity of materials
to be furnished under the contract.
D. Contractor: The person as defined in the Streets and High-
Ways Code to whom a contract for the performance
of the work is awarded.
E. Engineer: The City Engineer or the Superintendent of Streets,
whichever is designated by authorized representatives
thereof.
P. Work - Improvement: "Work" or "improvement" mean and include
any work which is authorized to be done or any im-
provement which is authorized to be made under the
contract as v/ell as the construction, reconstruction
and repair of all or part of any such work or improve-
ment .
SECTION II - WORK TO BE DONE
A. Conformance with Plans: The work to be done shall be in accord-
ance with the General Conditions, the construction
plans and the construction specifications. Anything
.. mentioned in any of the above instruments shall govern
the work as though mentioned in each. All work shall,
during the construction and at its completion, conform
to the lines, elevations and grades shown on said Plans
and Drawings.
3- Compensation: The Contractor shall accept the compensation as
provided by the contract unit, prices and by measure-
ments and/or contract lump sura prices as full pay-
ment for furnishing all supervision, labor, materials
and equipment to perform all wcrk in accordance
with the general conditions, the construction pl^nt;.
Car!"-.c-": HC General Conditions - 1
and the construction specifications, for providing for any requirements of
this general condition, including safety measures, public convenience, public
safety, fire protection, sanitation and for paying for any City service or
reimbursement to the City required by this general condition and for all
expense, loss, damage or risks of any description connected with the prose-
cution of the work.
C. Job Site Copies; A copy of the construction plans and construction
specifications shall be kept on the job at all times during its construction,
and .access thereto shall at all times be accorded the Engineer or his repre-
sentatives.
SECTION III - ORDER OF PRECEDENCE
In case of any conflict between any of-the instruments listed below, the
order of precedence in controlling the work shall be as follows:
A. General Conditions
B. Construction Plans
C. Construction Specifications
SECTION IV - EXAMINATION OF PLANS AND SITE OF WORK . .
A. Contractor to Examine: The Contractor submitting a proposal is re-
quired to examine carefully the construction plans, construction specifica-
tions, and the site of the work. He shall satisfy himself as to the charac-
ter, quality and quantities of work to be performed, materials to be furnish-
ed and as to the requirements of the plans and specifications. In the event
of any discrepancy betv/een the plans and the figures written thereon, the
figures shall be taken as correct.
B. Existing Conditions; The plans for work will show conditions as they
are believed to exist, but it is not to be inferred that all of the conditions
as shown thereon are actually existent nor shall the City or any of its offi-
cers be liable for any loss sustained by the Contractor as a result of any
variance betv/een conditions as shown on the plans and the actual conditions
encountered during the progress of the work or otherwise.
C. Soil Conditions: Any information shown on the plans as to the soil
or material borings or tests of existing materials is for the purpose of de-
sign. The information is not guaranteed, and no claims for extra work or
damages will be considered if it is found during construction that the
actual soil or material conditions vary from those indicated.
SECTION V - SETTE'G STAKES
A. Contractor Shall Give Notice: The Contractor shall give 43 hours
notice when he will require the service of the Engineer for laying out any
portion of the work. The Contractor shall assist -.-.h-; I .;•;'neer when required,
Carlsbad . (.-•:- .,.•). v,;. •;.:• ---j ~r.9 _ 2
in -excavation for setting of line and grade stakes and shall preserve all
stakes set for line, grade or measurements of the work _in their proper places
until authorized to remove "by the Engineer. In the event that the Contractor
fails to protect line and grade stakes and the City is required to reset
stakes, the Contractor shall pay to the City the cost of resetting such stakes
B. Contractor to Inspect Stakes; The Contractor is required to examine
carefully.all construction stakes and by visual inspection of stakes and
string lines, forms and headers set therefrom, interpret and confirm that
the line and grade information is in accordance with the plans. If there
is apparent error or lack of understanding as to what is meant by the
staking, the Contractor is required to request an interpretation of sta-
king before doing any work.
C. Contractor to Prepare Grade Sheet; The Contractor shall maintain a
grade sheet showin cut and fill stake record so that if marked reference
stakes are destroyed he may replace them without requesting the services
of the Engineer.
SECTION VI - INSPECTION
A- Notice; The Contractor shall notify the Engineer 48 hours in advance of
any work to be done in order that inspection may be provided and shall pro-
secute the work only in the presence of an inspector unless permission to
•work during the absence of an inspector has been granted by the Engineer.
Any work done in absence of said inspector or said permission shall be sub-
ject to rejection.
B. Inspection; All materials and work done shall be subject to rigid
inspection.
Work or material which does not conform to the specifications although
accepted through oversight or otherwise may be rejected at any time.
C. Defective Work; If, in the opinion of the Engineer, work is not being
done in accordance with the plans and specifications, written notice shall
be given to the Contractor or his authorized 'agent. Written notice to any
foreman or agent in charge of any portion of the work in the absence of
the Contractor shall be considered as notice to the Contractor.
Work which is defective in its construction or deficient in any of the re-
quirements of these specifications will not be considered as accepted in
consequence of the failure of any employee of the City or inspector connected
with the work, to point out said defects or deficiency during construction.
The Contractor shall correct any imperfect work whenever discovered.
SECTION VII - CONTRACTOR'S SCHEDULE OF WORK
When required by the Engineer and before beginning work on the site, the
Carlr-bad , , General Conditiorr - '-
Contractor shall submit to the Engineer his proposed schedule of work. This
schedule shall show the probable dates of commencement and completion of the
various sections and features of the work; the starting point or points and
the direction in which the work will progress.
Construction shall conform to this schedule or such modification as may be
approved by the Engineer.
Where the Contractor is to furnish major items of equipment or materials,
the schedule shall include the proposed dates of manufacture and shipment
of these items and the names and locations of factories or other sources
from which said items are to be obtained.
SECTION VIII- MATERIALS
A. Samples and Drawings; All materials shall be of specified quality.
The Contractor shall furnish to the Engineer for tests whenever requested
and free of charge samples of all materials proposed to be used in the work.
He shall also submit any required detailed drawings of articles or equip-
ment for City approval before purchasing same. Rejected materials must be
immediately removed from the work by the Contractor and shall not be
brought again upon the work.
B. Testing; The City may test materials to be used in construction
or soils .to determine pavement design or to determine compaction in accord-
ance with the specifications. The City may approve certain engineers and/or
testing laboratories to act as.its agent in the taking of samples and/or
testing of materials. A record showing the time and exact location and
elevation at which samples are taken shall be made and when such record is
made by a private engineer or testing laboratory, it shall be certified as
to adequacy and correctness and filed with the Engineer.
c- Patents: The Contractor shall hold and save the City of Carlsbad
harmless from liability of any nature or kind or any claim therefore, inc-
luding costs and expenses for or on account of any patented invention,
article or appliance for use in the performance of this work.
SECTION IX - MEASUREMENTS
A. Measurements: All distances shown on the plans are in feet and
unless otherwise indicated are measured horizontally* Units of measurement
will be made by the Engineer in accordance with the United States standard
measures. Weight measurements shall be in pounds or tons consisting of
2,000 pounds avoirdupois. Unless otherwise specified, material paid for
by weight shall be weighed on platform scales furnished by the Contractor
or on public scales. Scales furnished by the Contractor shall be satis-
factory to the Engineer and shall be inspected ar.cT ne'yled by a represen-
tative of the State Division of Weights ano* MPT.en.re :•• as often as the
Engineer may deem necessary to insure rlieir. accur^c- The Contractor
shall furnish licensed weighmaster ' s certi;:;' •->:: . tickets for each
load to the Engineer.
SECTION X - SUPERVISION AND WORKMANSHIP
The Contractor shall at all times while work is in progress be represented
on the work in person by a foreman or by a duly designated agent. The Con-
tractor shall retain in his employ none but competent superintendents, fore-
men, mechanics and laborers. Mechanics shall be thoroughly familiar with
the type of work they are performing. All work shall be carefully, neatly
and expertly done in accordance with the best practices of the trade. The
schedules, methods and appliances adopted by the Contractor shall be such
as will result in a high quality of work.
Any superintendent, foreman, laborer or other person employed on the work
by the Contractor who fails or refuses to perform the work in the manner
specified herein shall be discharged immediately and such person shall not
again be employed on the work.
SECTION XI - EXISTING UTILITIES, IMPROVEMENTS AND OBSTRUCTIONS
A. City-Owned Underground Facilities; The City of Carlsbad may enter
into the street or public right-of-way for the purpose of repairing sewers,
water mains, storm drains or other City-owned facilities. Whenever feasi-
ble, the Contractor shall uncover City-owned underground facilities 100
feet in advance of trenching operations to avoid damage and interference.
The work to be done shall include the protecting, altering, removing, re-
instating and testing of any existing City-owned facilities located in
the City .streets or public rights-of-way which interfere with the work to
be done. The Contractor shall request permission to remove or alter
facilities for his own convenience.
B. facilities Not Owned by the City; In case it should be necessary
to remove property of any owner of a public utility, franchise or encroach-
ment, such owner will 'upon proper application by the Contractor, be notified
by the Engineer to remove such property within a specified reasonable time.
The Contractor shall not interfere with said property until after the expir-
ation of the time specified. The right is reserved to the owners of public
utilities, franchises and encroachments to enter upon the street for the
purpose of making repairs or changes of their property made necessary by
" the work.'
C. Existing Surface Improvements: When during the progress of the
work, it becomes necessary to remove any existing pavement, sidewalk, curb,
or other existing improvements, the Contractor shall remove and replace or
restore the improvement required to be removed by such work in a manner
that will leave the improvement as nearly in the original location and
condition as is reasonable possible.
£• Obstruetipns_: When, during the progress of the work, any excava-
tion is to be made in easements through private property that has been ira-
' proved by lawn, trees, shrubs or gardens, the Contractor shall, in advance
t. f nuking the excavation, remove such lawn, trees, shrubs or plants as Pay
be.necessary for the prosecution of the work, and shall give them proper
d General Conditions - 5
care and attention and shall replace them in as nearly the original location
and condition as is reasonably possible after the excavation has been back-
filled and settled.
Where it becomes necessary to excavate in easements through private property
that has been improved with fences, walls, buildings, walks or drives, the
Contractor upon completion of the work, shall replace the fences, walls,
buildings, walks, drives, pavement, gravel and surface, leaving all in the
original condition as found.
Trees shal.l not be removed without the express permission of the Engineer.
Damage to or excessive trimming of trees in the right-of-way shall be
avoided.
SECTION XII -CUSTODY OF WORK AMD LOSS'
A. Custody of Work: The Contractor shall have full care and custody
of the work until completion and acceptance.
The Contractor shall be responsible for all damage to existing improvements
while the work is in: his charge. All damage done to existing improvements
shall be repaired by the Contractor at his own expense.
B. Damage and Loss; The Contractor shall be held responsible for
and required to make good at his own expense, all damage to persons or
property used by himself or his sub-contractors, agents or the employees
of either of them during the progress of the work and until its final
acceptance.
All loss or damage arising from any unforeseen difficulties which may be
encountered in the prosecution of the v/ork or from any action of the ele-
ments prior to the acceptance of the work or from any act of omission not
authorized by these specifications on the part of the Contractor or any
agent or person employed by him, shall be sustained by the Contractor.
The Engineer may order the Contractor to suspend any work that may be
subject to damage by climatic conditions or natural phenomena.
SECTION XIII - SAFETY MEASURES'
A. Safety Regulations: Precaution shall be exercised at all times
for the' protection of persons and property. The safety provisions of
applicable laws and building and construction codes shall be observed.
Attention is called to the "Construction Safety Orders", "Trench Construc-
tion Safety Orders" ar.d "General Safety Orders" of the California State
Carlsbad . General Conditions - 6
Industrial Accident Commission, to which the Contractor is required by law
to conform. He shall provide himself with copies of these rules and orders,
which may be obtained at the State offices, Los Angeles, California.
All barricades shall conform to the regulations in effect and adopted by
the State Department of Public Works of the State of California, pursuant
to Section 465.7 of the Vehicle Code. "*
SECT.ION XIV - PUBLIC CONVENIENCE
A. Public Traffic; This section defines the contractor's responsi-
bility with regard to providing for the passage of public traffic through
the work during construction. The Contractor shall so conduct his opera-
tions • as to offer the least possible obstruction and inconvenience to
public traffic. He shall have under construction no greater lengths or
amount of work than he can prosecute properly with due regard for the
rights of the public. '
In order to expedite the passage of public traffic through or around the
work, the Contractor shall install signs, lights, flares, barricades, tem-
porary sidewalks and surfacing, -temporary bridges, temporary trench cover
and other facilities for the sole convenience and direction of public
traffic. The Contractor shall provide and station competent flagmen
•whose sole duties shall consists of directing the movement of public
traffic through or around the work.
B. Work Conditions: Alternate cross streets shall be kept open at
all times. All trenches across intersections and streets shall be provided
with temporary bridges to allow not less than one lane of traffic to flow
in each direction. The Contractor shall remove surplus materials that are
in excess of requirements for or will not be used in backfill immediately
after the excavation has been made. No material or equipment shall be
stored where it will interfere with the free and safe passage of public
traffic and at the end of each day's work and at other times when the
construction operations are suspended for any reason, the Contractor
shall remove all equipment and other obstructions from that portion of
the roadway open for use by public traffic.
C. Access to Private Property; The Contractor shall provide necess-
ary access to adjoining private property. Residents shall be notified by
the Contractor if entrances to driveways are to be blocked allowing remo-
val of cars if desired.
The Contractor shall provide suitable access to rejoining private property
by providing necessary bridges across excavations or other work for ingress
and egress to places of business cr residences v.'ithin a reasonable length
of time. :
Carlsbad . >.i.-ral Conditions - 7
.... D. Traffic Controls; Existing traffic signal and safety lighting
systems shall be kept in operation for the benefit of the travelling public
during progress of the work. No traffic regulating warning, directional or
street name signs shall be removed from the area of the work or relocated
therein unless so indicated on the plans or unless so ordered by the Engi-
neer. -
The Contractor shall preserve or maintain the visibility of all official
traffic signs, traffic devices or street name signs within the limits of
the project.
E." Access to Fire Hydrants: Fire hydrants shall be left clear for
hose connections at all times.
SECTION XV - PUBLIC,SAFETY
A. Contractor*s Responsibility; This section defines the Contractor's
responsibility with regard to providing for the safety of the public during
construction. Attention is directed to Section XII, "Custody of Work and
Loss." Whenever the Contractor's operations create a ^condition hazardous
to traffic or to the public, he shall provide flagmen and guards necessary
to give warning to,, the public of any dangerous conditions, and he shall fur-
nish, erect and maintain such fences, barricades, lights, signs and other
devices as are necessary to prevent accidents and avoid damage or injury
to the public. • ' ' :
Should the Contractor appear to be neglectful or negligent in furnishing
warning and protective measures as above provided, the Engineer may direct
attention to the existence of a hazard and the necessary warning and pro-
tective measures shall be furnished and installed immediately by the Con-
tractor.
B, Emergency Hazards; When an emergency hazard affecting public
safety exists and it is not possible to contact the Contractor or it is
not possible for the Contractor to take immediate corrective action, the
City may take action to correct the hazard or to furnish warning and pro-
tective measures. The Contractor shall pay the City for correcting emer-
gency hazards or for furnishing warning and protective measures.
The taking of corrective action or the furnishing of warning or protective
measures by the City shall not relieve the Contractor from the responsibil-
ity for public safety or damage to persons or property.
SECTION XVI - CLEANING UP
Upon completion of the job, the Contractor shall remove all debris and
waste material Ccus-'-d by construction operations and leave the job site
in a clean and iic-'-.v; condition.
Car 3. shoe ' '
General Conditions - 8
SECTION XVII - COMPLIANCE WITH LAWS
The Contractor shall conduct the work in compliance with all laws and
regulations of the United States Government, the State of California,
the County of San Diego and the City, limiting or controlling the work
in any manner. The Contractor shall, at his own expense, obtain all
necessary permits and licenses and pay all fees required by law.
SECTION XVIII - WATER
Where the work under these specifications can be supplied with water
from the City's water mains, the Contractor will be required to arrange
for service through the City's Water Department and will be required to
pay for any and all water consumed by the Contractor during the course
of construction.
SECTION XIX - FIRE- AND SANITARY PROVISIONS
- :t ± -
A. Fire Protection; Whenever a fire hazard exists, the Contractor
shall have available at the job site, fire fighting equipment, meeting
the standards established by the Fire Marshal.
B. Sanitation; The Contractor shall maintain sanitary facilities
and conditions on the job site meeting the standards established by the
Director of Public Health.
Requirements for temporary sanitary facilities are available at the De-
partment of Public Health or the City Building Department.
SECTION XX - PRESERVATION OF MONUMENTS
The Contractor snail not disturb any property monuments or stakes found
on the line of the improvement without written permission from the Engi-
neer. In the event thst the Contractor disturbs or removes property
monuments or stake? without having first obtained written permission to
do so, and it is accessary for the City to reset monuments or stakes,
'the Contractor shell pay to the City the cost of resetting such monu-
ments or stake-s.
Cerlsbari General Conditions - 9
SECTION XXI - MATERIALS AND STAKES;
A. Quality: All materials shall be of specified'quality and
. fully equal to accepted and approved samples where samples
. are required.
Unless otherwise specifically provided elsewhere in the •
specifications, all materials, equipment and articles in-
corporated in the work shall be first grade, new and de-
livered, (where practicable), to the job site in original
containers or cartons. Each article of electrical or
mechanical equipment shall be the latest product as listed
in the printed catalog, data of latest date, and shall be
the standard product of a single manufacturer. All mater-
ials will be American made as specified in the Government
Code, Sec. 4304. The contractor shall provide adequate
and proper storage facilities for all materials, equip-
ment and supplies. He shall at all times protect and pre-
serve all such materials, equipment and work performed by
him from any damage whatsoever.
B. Testing -of Materials; The City may require tests of mater-
ials by a competent testing laboratory of its selection or
by other means. The contractor shall furnish to the Engi-
neer at the point of testing, samples of any materials pro-
posed to be used on the work whenever so requested by the
Engineer. Soil tests to determine relative compaction of
90% of roadway embankment, site embankment or fill (to be
taken in lifts not to exceed 3') and trench backfill shall
be made as follows:
Each Test
Maximum Depth Area Limit
Roadway, Site & Fill
Embankment 2 5,000 square feet.
Trench Backfill (Back-
fill water settled). 3 150 lin.ft. of trench,
The cost of the initial testing shall be borne by the City
of Carlsbad; subsequent retesting due to material or cons-
truction failure to meet required compaction will be borne
by the contractor.
SECTION XXII - COMPLETION OF WORK:
The Notice of Completion of Work will be issued by the Superin-
tendent of Streets. This Notice of Completion is not 5' waive::
of the guarantee as set forth in these conditions.
V General O•-• '...'. -••• .-• ].o
SECTION XXIII - CONTRACTOR'S INSURANCE:
The contractor shall not commence work under this Contract until
he has obtained all insurance required under this paragraph, and
such insurance has been approved by the City Attorney, nor shall
the contractor allow any subcontractor to commence work on his
subcontract until all similar insurance required of the subcon-
tractor has been obtained and approved.
A. Workmen's Compensation Insurance; The contractor shall take
and maintain during the life of this contract, Workmen's
Compensation Insurance for all of his employees engaged on
or at the site of the project, and in case any of his work
is sublet, the contractor shall require the subcontractor
similarly to provide Workmen.'s Compensation Insurance for
all the letter's employees, unless such employees are covered
by the protection afforded by the Workmen's Compensation In-
surance carried by the Contractor.
In case any class of employees engage in hazardous work under
this contract, or on the site of the project is not protected
under the Workmen's Compensation Statute, and in case any
other class of employee is not protected under the Workmen's
Compensation Statute for any other reason, the contractor
shall provide adequate insurance coverage as shall be satis-
factory to the City for the protection of such employees not
otherwise protected.
B. Public Liability and Property Damage Insurance: The contrac-
tor shall take out and maintain during the life of this con-
tract, such public liability and property damage insurance
as shall protect him and the City from all claims for personal
injury, including accidental death, as well as from all claims
for property damages arising from operations under this con-
tract. The amounts of such insurance shall be as hereinafter
set forth. The contractor shall require the subcontractor,
if any, to take out and maintain similar public liability and
- property damage insurance. The amounts of such insurance
shall be as hereinafter set forth. In case any of the work
under this contract is to be performed on or at the site of
the project by a subcontractor, the contractor shall take
out and maintain such contractor's contingent or protective
insurance as will protect him and the City from damage claims
arising from the operation of any subcontractor. The amounts
of such insurance shall be as hereinafter set forth. If any
subcontractor.. shall subcontract any portion of his subcon-
tract, the contractor shall require him to take out and
Kic.ii.taia such contingent or protective insurance as will pro-
tect such subcontractor from damage claims arising from oper-
c.tions of the second subcontractor. Such contingent or pro-
tcct.iv,; insurance shall be in the same amounts as the piira:.ry
ruibccrni.ractor ' s public liability and property damage insurance,
General Conditions - 11
As provided above, the Contractor shall take out and maintain
public liability insurance for injuries including accidental
death to any one person in an amount not less than Three
Hundred Thousand Dollars ($300,000.00) and subject to the
same limit for each person; on account of any one accident
to an amount not less than Five Hundred Thousand Dollars
($500,000.00) ; and property damage insurance in an amount
not less than One Hundred Thousand Dollars ($100,000.00);
Contractor's Contingent or Protective Insurance for public
liability and property damage in amounts not less than the
respective amounts as noted above. As provided above, the
contractor shall require all subcontractors, whether primary
or secondary, if any, to take out and maintain public lia-
bility and property damage insurance in amounts herein-
before set forth for the contractor.
C. Insurance Covering Special Hazards; The following special
hazards shall be covered by rider or riders to the above-
mentioned public liability insurance or protective damage
insurance policy or policies or by special policies or
insurance in amounts as follows: Automotive and Truck,
where operated in amounts as above; Material Hoists, where
used in amounts as above.
D. Proof of Carriage of Insurance and Notice Cancellation;
The contractor shall furnish the City satisfactory proof
of full compliance with all of the insurance requirements
herein, prior to execution of the contract. The contractor
shall also furnish the City a certificate from the carrier
that said policies shall not be cancelled without ten (10)
days advance notice, in writing, to the City.
SECTION XXIV - CONTRACTOR'S COORDINATION;
Coo pe ra t i o n ; Should construction be under way by other forces or
by other contractors within or adjacent to the limits of the
work specified, or should work of any other nature be under way
by other forces within or adjacent to said limits, the contractor
shall cooperate with all such other contractors or other forces
to the end that any delays or hindrances to their work will be
avoided. The right is reserved to perform other or additional
work at or near the site (including designated material sources),
at any time by the use of other forces.
When 2 or more contractors are employed on related or adjacent
work, or are to obtain materials from the same dee; giiai^d mat-
erial source, each shall conduct his operations i i; . -oh a manner
as not to causR any unnecessary delay or hi no::' o - ^o other.
Each contractor shall be responsible to tbe <:••• 'n.-' : , onere-
. .-;. -r;i? ,"c..,-:M-;.:r.£ - 12
tions and for loss caused the other due to his unnecessary de-
lays or failure to finish the work within the time specified
for completion.
SECTION XXV - DUST CONTROL:
Dust nuisance originating or resulting from the contractor's
performance of the work within or outside of the public way,
shall be strictly controlled and diligently maintained at all
times. Application of water and/or dust palliative shall be
used to alleviate or prevent dust nuisance. Dust control
operations shall be performed at the time, location and acc-
ording to the amount and method required by the Engineer, and
shall be subject to his approval and supervision. Control and
application of water and dust palliative shall conform to Sec-
tions 10 and 18 of State of California, Division of Highways,
Standard Specifications, 1964 Edition, except as otherwise
directed by the Engineer. Payment for this work shall be inc-
luded in unit prices bid for other items and shall be performed
as incidental work without compensation.
SECTION XXVI - WORK ON PRIVATE PROPERTY;
All excavations, fill embankments, grading, existing improve-
ments, removal and reconstruction of private property within
the'limits as shown on the improvement plans will be done
only with written permission and approval of the property owner.
CITY OF CARLSBAD
, SPECIFICATIONS FOR STORM DRAIN IN A.T. & S.F. RIGHT OF WAY
I- DESCRIPTION OF WORK:
The work comprises installation of approximately 700 feet of
reinforced concrete pipe or cast in place monolithic non-rein-
forced concrete pipe in an existing open ditch, backfill and
construction of appurtenant structures. The existing ditch
is located in the Atchison, Topeka and Santa Fe Railway Company
Right of Way, between Oak Avenue and Tamarack Avenue in the
City of Carlsbad.
II. RIGHT OF WAY PERMIT;
The work specified on the plans will take place in the Atchi-
son, Topeka and Santa Fe Railway Company Right of Way. The
Railway Company requires that the contractor submit a letter
of agreement and that the letter of agreement be approved and
the Railway Company notified in advance prior to entry on the
property by the contractor.
III. LIABILITY INSURANCE;
The contractor shall be required to present certificates of in-
surance to the Railway Company for contractor's public liability
and property damage insurance. Contract Mr. J. L. Fry, Division
Engineer, 1170 West Third Street, San Bernardino, California,
Teleehone 884-2111 for more detailed information.
IV. RAILWAY COMPANY INSPECTION;
The Chief Engineer for the Railway Company upon request will
futnish an estimate of the cost of personnel or work which is
necessitated by the contractor's work on the right of way.
The costs incurred shall be paid by the contractor.
V. CITY INSPECTION;
Inspection of the project by the City Engineer's Office will be
at no' cost to the contractor.
VI. MATERIALS OF CONSTRUCTION:
A- Concrete: Portland Cement Concrete shall be composed of
Type I Portland Cement (Minimum six sacks (564 Ibs) ) per
cubic yard ct cc •:cr<="Le, fine aggregate, coarse aggregate,
(Mex. 3/4" sir--.. ;i;C v^r.er proportioned to achieve a
horuogeneoui- co,,:.-,-.-: ..ix cf such quality that minimum
i-tvength 0:' v- •• • •. : , \ :-ll be two times the D-load strength.
as specified for the reinforced concrete pipe.
Slump shall be controlled to afford optimum placeability.
Maximum slump shall be 3%".
B. Reinforced Concrete Pipe: All reinforced concrete pipe
shall consist of reinforced concrete pipe constructed by
the centrifugally spun method or the vibro-cast method
and shall be designed in accordance with ASTM Designation
C-76. The D-Loading is indicated on the plans and/or
specified in the General Conditions, the design shall be
in accordance with the class as indicated by the desig-
nated D-Loading. •
C. Cement Mortar; Mortar for pipe joints shall be composed
of one part of Portland Cement and two parts sand. Sand
shall be clean, hard, uniformly graded sand, free from
organic substances or clay. Admixtures, if used, must be
approved by the Engineer. Mortar shall be applied within
thirty (30) minutes from the time of adding mixing water.
VII. PIPE INSTALLATION;
A. General; All pipe shall be laid in the trench true to the
lines and grades as indicated on the plans. All pipe shall
be installed on a prepared subgrade with a firm, even
•bearing along the entire length of pipe.
B. Reinforced Concrete Pipe; Concrete pipe sections shall be
closely jointed, the invert being carefully matched to form
a smooth flow line. Pipe with elliptical reinforcement
shall be placed with the minor axis of the reinforcement in
a vertical position. Pipe shall be laid beginning at the
outlet and proceeding upgrade. Pipe with bell and spigot
shall be laid with the bell upgrade. Tongue and groove
pipe shall be laid with the groove upgrade. Maximum
•allowable spread for normal joints shall be 1". Joints
shall be clean and wet before completely filling with mor-
tar. Mortar shall be applied to the lower quadrant of the
pipe before joining sections. The joint shall thereafter
be filled inside and outside with mortar and trowelled to
form a smooth interior surface.
C. Cast In Place Concrete Pipe: Concrete shall be placed with
specially designed equipment capable of vibrating, ramming
and/or tamping the concrete iiito picie-- •' o •': r.o consolidate
. ' ; .fications - 2
it to the maximum practical density. The resulting fin-
. ished concrete shall be free from rock pockets or openings
and shall fit snugly against all forms and confining sur-
faces.
. All forms shall be to the size, shape and design to fit
smoothly. Locking devices shall be sufficient to hold
forms securely in place and shall be constructed so as to
•. • permit removal without damage to the concrete. Forms in
place shall be of sufficient strength to prevent appre-
ciable deformation during the placing of concrete. Worn
or damaged forms which might impair the interior surface
of the pipe shall not be used.
All exposed portions of the pipe outside and inside shall
be inspected carefully and small curing cracks shall be
painted with cement paste. All rock pockets, void or
cracks caused by settlement, placing defects, accident
or otherwise, shall be cut away and replaced with concrete
. in a manner satisfactory to the City Engineer.
Immediately after the forms have been removed, finish as
required above shall be made and in addition, the inside
of the pipe shall be smoothed to maintain a smooth flow
..line of a minimum width equal to and consisting of the
bottom one-fourth (1/4) of the pipe circumference.
The cast in place pipe shall be cured by means of loose,
moist backfill as specified in Section VI-C, placed a
minimum of 6" above top of the pipe. The concrete shall
be kept moist until the backfill material is placed. The
backfill material shall be kept at a minimum moisture
content of not less than 10 per cent by weight, for a
period of not less than seven (7) days.
The completed pipe shall have a minimum inside diameter
of 60 inches and minimum wall thickness of 6 inches.
VIII. EXCAVATION AND BACKFILL:
A. Protection of Underground Structures; Attention of the
contractor is c '.rected to Section XI of the General Con-
ditions, "Existing Utilities, Improvements and Obstruc-
tion?.". The c<•<--.?:<:?.ctor must obtain all available infor-
tnatioT concernj.no the location of underground pipelines,
condi> i ty '. :.^ ? L-'-'tares from proper authorities to pro-
tect t. :• i.c •.:;;• :' • ~': xties . ' Failure to locate or protect
c-.r.y cf i:\\- •, • ,: .:. --.ies will not relieve the contractor
cf .?>•; ;••• •' : ": , •' \ ;..-r damages incurred.
Construction Specifications - 3
B. Trench Subgrade; The subgrade of the existing trench shall
be trimmed to the design grade. The subgrade shall be re-
shaped and compacted as necessary to provide adequate
• support for the cast in place pipe.
C. Backfilling; The backfill used 18 inches above the pipe
shall be select soil, sand or gravel. The remainder of
the backfill shall be free from organic material, trash,
or large rocks, pieces of concrete or pieces of wood.
Backfilling shall be completed in uniform layers not
exceeding 24 inches in depth and shall be compacted in
a manner satisfactory to the Engineer. This may include
jetting, controlled flooding,, tamping, etc., depending
on the nature of the backfill material. Backfill shall
be compacted to a relative density of 90% at optimum
moisture content as determined by the AASHO T-99-57 Test
Method.
IX: TESTING
The reinforced concrete pipe shall not require field testing
but shall be field inspected and shall conform to the strength
specifications outlined herein.
The cast in place pipe shall be tested by the contractor for
thickness and strength in the presence of the Engineer. Dur-
ing construction of the cast in place concrete pipe, the bot-
tom and quarter points of the pipe wall will be tested for
thickness at 100' intervals. At two (2) locations, as direc-
ted by the Engineer, in place strength tests shall be made in
accordance with ASTM Designation C-76, Sand Bearing Method,
without use of the bottom bearing frame.
X: MEASUREMENT AND PAYMENT:
Pipe: Payment for concrete pipe shall be based on actual
length of pipe installed.
Other items will be. paid fcr on a lump sum basis for complete
installation or removal.
Specifications - 4