HomeMy WebLinkAboutC E Wilson Corporation; 1992-12-11; 3389September 14, 1993
C. E. Wi 1 son Corporation 662 Grand Avenue Spring Vdlley, CA 91977
RE: Bond Release - Contract No. 3389 - CMWD No. 88-601 - Palomar Airport Road 12 Inch \dater Main Relocation
The Notice of Completion for the above-referenced project has recorded.
Therefore, per instructions from our Engineering Department, we are hereby releasing Insurance Co. of the West Performance Bond No. 1237028, in the amount of $59,632.48.
The bond is enclosed so that you can return it to your surety. Also enclosed for your records is a copy of the Notice of Completion.
d**k Assis ani; Cit
Encs.
c: Lynn True, Eng.
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
Recording requested by: )
CITY OF CARLSBAD 1"g
City Clerk 1 City of Carlsbad 1
When recorded mail to:
11200 Carlsbad Village Drive )
Carlsbad, California 92008 )
Carlsbad, CA 92008 ) Space above for Recorder's Use
NOTICE OF COMPLE61ON
Notice is hereby given that:
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The undersigned is owner of the interest or estate stated below in the property hereiinafter descril
The full nams of the undersigned is Carlsbad Municipal Water District, a municipal1 corporation
The full address of the undersigned is 5950 El Camino Rea!, Carlsbad, California 92008.
The nature OT the tiiie oi the unaersigned is: in fee.
A work of improvement on the property hereinafter described was completed on April 15, 199:
The name of the contractor, if any, for such construction is C.E. Wilson Corporation.
The prcperty on which said was completed is in the City of Carlsbad, County of San Biego, :
of California, and is described as follows: CMWD No. 88-601, Contract No. 3389, Palomar Ail
Road I :2 Inch Water Main Relocation.
The street address of said property is None. 8.
CAR BAD MUNICIPAL WA?ER DlSTRl / /& Bob Coates, P.E. m
District Engineer
VERlFlCATlQM OF CITY CLERK
I, the undersigned, say:
B i3m the Secretary of the Board of Directors, Carlsbad Municipal Water District, 5950 El Car
Real, Carlsbad, California, 92008; the Board of Directors of said District on 11 ccq-:s$ :2s 55s.;:: cjcs,-;.ib.=-d &!+: z.2 :six$$c2 c,;;d c:d:;c< the: 2 F<cti,-e tf cSxy!sticf; 5: fi!$$ July 6
6
P declare under penalty of perjury that the foregoing is true and correct.
Executed on July 7 , 4 9% at Carlsbad, California.
CARLSBAD MUNICIPAL WATER DISTR
eL-4-
ALETHA L. WUTENKRANZ, Secretzry
EXHIBIT 3
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TABLE OF CONTENTS
Item Pap
NOTICE INVITING BIDS
CONTRACTOR’S PROPOSAL
DESIGNATION OF SUBCONTRACTORS ............................ 1
AMOUNT OF SUBCONTRACTORS’ BIDS 1
EQUI:PMENT/MATERIAL SOURCE INFORMATION I
BID SECURITY FORM. .......................................... 1
BIDDIER’SBOND ............................................... 1
B1DD:ER’S STATEMENT OF FINANCIAL RESPONSIBILITY :
BIDD:ER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE .... :
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NON-COLLUSION AFFIDAVIT .................................... :
CONTRACT - PUBLIC WORKS :
LABOR AND MATERIALS BOND .................................. :
PERFORMANCEBOND.. :
WARIRANTY BOND :
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION
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: I RELE:ASEFORM ............................................... :
SPECIALPROVISIONS .......................................... :
TECHNICAL SPECIFICATIONS
SUPP’LEMENTAL PROVISIONS ....................................
SCHE:DULE AND EXPLANATION
OF STANDARD DRAWINGS ......................................
...............................
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CARLSBAD MUNICIPAL WATER DISTRICT
CARLSBAD, CALIFORNIA
NOTICE I"G BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall 1200 Carlsba
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 8Tl
day of , 19z at which time they will be opened and read, fc
performing the work as follows:
OCIOIBER
CONTRACT NO. 3389
CONSTRUCTION OF THE PALOMAR AIRPORT ROAD
12 INCH WATER MAIN RELOCATION
FROM YARROW DRIVE E" 1300 FEET IN THE CITY OF CARLSBAD
The work shall be performed in strict conformity with the specifications as approved by th
Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on fi:
with the District Engineering Department. The specifications for the work include the late
revisedl edition of the Standard Plans and Specifications for Construction of Water Mail
of Carlsbad Municipal Water District, and Standard Specifications of Public Worl
Construction, (SSPWC), 1991 Edition, and the latest supplement, hereinafter designate
"SSPWC", as issued by the Southern California Chapter of the American Public Worl
Association and as amended by the special provisions sections of this contract. Referenc
is hereby made to the specifications for full particulars and description of the work.
The Carlsbad Municipal Water District encourages the participation of minority ar
women-owned businesses.
The Carlsbad Municipal Water District encourages all bidders, suppliers, manufacture]
fabricaitors and contractors to utilize recyclable materials when available and whe
appropriate.
No bid will be received unless it is made on a proposal form furnished by the Purchasii
Department. Each bid must be accompanied by security in a form and amount required 1
law. The bidder's security of the second and third next lowest responsive bidders may 1
withheld until the Contract has been fully executed. The security submitted by all 0th
unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days aft
the Contract is awarded. Pursuant to the provisions of law (Public Contract Code Sectic
2230011, appropriate securities may be substituted for any obligation required by this notit
or for monies withheld by the District to ensure performance under this Contract. Sectic
22300 of the Public Contract Code requires monies or securities to be deposited with tl
District or a state or federally chartered bank in California as the escrow agent.
Notice Inviting B
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The documents which must be completed, properly executed and notarized are:
1. Contractor's Proposal
2. Bidder's Bond
3. Non-Collusion Affidavit
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1 4. Contract
All bids will be compared on the basis of the Engineer's Estimate. The estimated quantitit
are approximate and serve solely as a basis for the comparison of bids. The Engineer
Estimaite is $87,soo
In keeping with the Special Provisions, work shall be accomplished within forty (40)
calendar days. Liquidated Damages will be in the amount of $ 500 per daj
No bid shall be accepted from a contractor who is not licensed in accordance with tl.
provisions of California state law. The contractor shall state their license numbe
expiration date and classification in the proposal, under penalty of perjury. The followi1
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classifications are acceptable for this contract: CLASS A
in accordance with the provisions of state law.
If the Contractor intends to utilize the escrow agreement included in the contra
documents in lieu of the usual ten percent (10%) retention from each payment, the:
documents must be completed and submitted with the signed contract. The escra
agreement may not be substituted at a later date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasii
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsba
California, for a non-refundable fee of $30.00 per set. Carlsbad Municipal Water Distri
Standard Plans and Specifications are available for a non-refundable fee of $20.00 per sc
The Carlsbad Municipal Water District reserves the right to reject any or all bids and
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 tl
contract shall be those as determined by the Director of Industrial Relations pursuant
the Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of tl
Labor Code, a current copy of applicable wage rates is on file in the Office of the Carlsbi
City Clerk. The Contractor to whom the Contract is awarded shall not pay less than tl
said specified prevailing rates of wages to all workers employed by him or her in tl
execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions
Section 1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Coc
"Subktting and Subcontracting Fair Practiced Act."
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The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 sh;
apply to the Contract for work.
A pre-bid meeting and tour of the project site will - will not xX be held. The meetii
will be held on date: time: location:
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All bids are to be computed on the basis of the given estimated quantities of work,
indicated in this proposal, times the unit price as submitted by the bidder. In case of
discrepancy between words and figures, the words shall prevail. In case of an error in tl
extension of a unit price, the corrected extension shall be calculated and the bids will 1
computed as indicated above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out ai
typed or written in with ink and must be initialed in ink by a person authorized to sign f
the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day pri
to bidlding. Submission of bids without acknowledgment of addenda may be cause
rejectiion of bid.
Bonds to secure faithful performance of the work and payment of laborers and materii
suppliers and warranty to cover all guarantees against defective workmanship and materia
or both, for a period of one year after the date of final acceptance of the work by t
District each in an amount equal to one hundred percent (loo%), fifty percent (50%) a
fifty percent (50%), respectively, of the Contract price will be required for work on tl
project. These bonds shall be kept in full force and effect during the course of this proje
and shall extend in full force and effect and be retained by the District for a period of o
(1) year from the date of formal acceptance of the project by the District.
Bonds and insurance are to be placed with insurers that have (1) a rating in the most rece
Best's Key Rating Guide of at least A-:V, (2) are authorized to conduct business in t
State of California, and (3) are listed in the official publication of the Department
Insurance of the State of California. Auto policies offered to meet the specification of tl
contract must; (1) meet the conditions stated above for all insurance companies and (
cover any vehicle used in the performance of the contract, used on-site or off-site, whet1
owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insuran
certificate must state the coverage is for "any auto" and cannot be limited in any mann
Worker's Compensation insurance required under this contract must be offered by
comp<any meeting the above standards with the exception that the Best's rating conditi
is waived. The District does accept policies issued by the State Compensation Fund
meeting the requirement for workers' compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. A
additional cost of said insurance shall be included in the bid price.
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Approved by the Board of Directors of the Carlsbad Municipal Water District, Carlsba
Califcmia, by Resolution No. 807 , adopted on the 18th day of Aunust + 19%
20. /99q (&L&dL aw&
Aletha L. Rautenkranz, Secretary Date 4
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S for a lump sum price Ls
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I price of LS $ 700-
1 for a lump sum price of LS $ p2-5-0 -
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CARLSBAD MUNICIPAL WATER DISTRICT
CONTRACT NO. 3389
CONTRACTOR’S PROPOSAL
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Board of Directors
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
The undersigned declares he/she has carefully examined the location of the work, read tl
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furni
all labor, materials, equipment, transportation, and services required to do all the work
complete Contract No. 3389 in accordance with the Plans and Specifications of tl
Carlsbad Municipal Water District, and the Special Provisions and that he/she will take
full payment therefor the following unit prices for each item complete to wit:
Item Approximate
uantity DescriDtion Unit Price Total No. 0
1 Ls Traffic control complete
04 , and in place per plan c
2 Ls Remove and dispose of
existing trees as neces-
sary to construct pipe-
line for a lump sum 00
3 Ls Install trench shoring 06
4 Ls Point of connection no. 1,
join 12 inch D.I.P. 74
ft. It. C/L Sta. 17+86
(Palomar Airport Road)
including removals, fit-
tings, gate valve assembly,
thrust blocking and tem-
porary pavement for a lump
$ 6.2%-!3 - sum price of Ls
Contractor’s Propc
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I Item Approximate 5A
-- No. Quantity Description Unit Price Total
Ls Point of Connection no. 2,
join 12 inch steel, 46 ft.
It. C/L Sta. 184+69 (Palomar
Airport Road) including re-
movals, fittings, gate
valve assembly, and thrust
blocking for a lump sum
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$ 27/i!3 - 0 price of Ls
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I: price of LS $ S&D/ -
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6 1291 L.F. 12 inch polyvinyl chloride
(PVC) water main includ-
ing removals, excavation,
trench shoring, bedding,
fittings, thrust blocking,
compacted backfill, and
temporary pavement for a
7 Ls Phase 3, Step 1, inter-
tie and pipe closure in-
cluding removals, excava-
tion, fittings, thrust
blocking, compacted back-
fill and temporary pave-
ment for a lump sum zd
8 LS Phase 3, Step 2, Sta.
183+50 construct pipe
closures including ex-
cavation, removals, end
caps, closures and back-
fill for a lump sum
price of LS /z
$ /o 73 - /
9 LS Phase 3, Step 3, Sta.
201 + 60 install end caps
including removals, thrust
blocking, backfill and
temporary pavement for a
lump sum price of LS $
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Contractor’s Propos
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Item Approximate
Quantitv Description Unit Price Total
10 3 EA. Install 12 in manual air
&s- 7. $ v7- $ 29SZ- releaseblow off assembly
for a unit price of
8. No.
11 LS Replace removed taxi-way
and roadway pavement with
six inches of asphaltic
concrete pavement on 18
inch Class I1 aggregate
base, and replace as-
phaltic concrete berm
damaged or removed dur-
ing pipeline construction
in like kind for a lump
12 LS Replace removed and dam-
aged traffic markers and
striping for a lump sum
$ -SIC;”GE price of Ls
Total amount of bid in words: p&4-y, fJld.p i?zLL;~4/J~ 5K2 h/d@
75&y /-#LJ ,f’ *P/
y‘g 5-T dzz -- Total amount of bid in numbers: $
Price(s) given above are firm for 90 days after date of bid opening. Prices quoted in t
Propalsal shall include all taxes, including sales and use taxes.
Addeindum (a) No(s).
this proposal.
The IJndersigned has checked carefully all of the above figures and understands that t
District will not be responsible for any error or omissions of part of the Undersigned
making up this bid.
The IJndersigned agrees that in case of default in executing the required Contract WI
necessary bonds and insurance policies within twenty (20) days from the date of award
Contract by the Board of Directors of the Carlsbad Municipal Water District, the procee
of the check or bond accompanying this bid shall becom the property of the District. bzy/z? 7nm RE
hashave been received and is/are included m
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LId&.454 ?/I 7"- /9#&" I 5b.42 /I/ ,/
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effect of an affi
A bid submitted to the District by a Contractor who is not licensed as a contractor pursua
to thc: Business and Professions Code shall be considered nonresponsive and shall 1
rejected by the District. 0 7028.15(e). In all contracts where federal funds are involved, 1
bid submitted shall be invalidated by the failure of the bidder to be licensed in accordan
with California law. However, at the time the contract is awarded, the Contractor shall 1
properly licensed. Public Contract Code 8 20104.
The 'CJndersigned Bidder hereby represents as follows:
1. That no Board member, officer agent, or employee of the Carlsbad Municir
Water District is personally interested, directly or indirectly, in this Contra
or the compensation to be paid hereunder; that no representation, oral or
writing, of the Board of Directors, its officers, agents, or employees h
inducted himher to enter into this Contract, excepting only those contain
in this form of Contract and the papers made a part hereof by its terms; a
That the bid is made without connection with any person, firm, or corporati1
making a bid for the same work, and is in all respects fair and withc
collusion of fraud.
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Accompanying this proposal is
for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code whi
requires every employer to be insured against liability for worker's compensation or
undertake self-insurance in accordance with the provisions of that code, and agrees
comply with such provisions before commencing the performance of the work of tl
Contract and continue to comply until the contract is complete.
(Cash, Certified Check, Bond or Cashier's Check)
... ...
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Contractor's Propc
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The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Artic
2, relative to the general prevailing rate of wages for each craft or type of worker need(
to execute the Contract and agrees to comply with its provisions.
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IF SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1)
(2)
(3) Place of Business
Name under which business is conducted
Signature (given and surname) of proprietor
(Street and Number)
City and State
Telephone No. (4) Zip Code
IF A PARTNERSHIP SIGN HERE:
Name under which business is conducted
Signature (given and surname and character of partner) (Note: Signah
must be made by a general partner) (2)
(3) Place of Business
(Street and Number) 1 City and State
(4) Zip Code Telephone No.
Contractor's Prop
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IF A CORPORATION, SIGN HERE: +
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's' s Corporate Seal 5ert
I (4) Place of Business
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NOTARY ACKNOWLEDGMENT OF EXECUTION OF ALL SIGNATORIES MUS I BE ATT'ACHED
List below names of president, vice president, secretary and assistant secretary, if
Contractor's Prop
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(Y $ " a
i~=t~m=&p&W%+53k~acmty I evidence) __- to be t+---- ---- -- ~ _I -
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DESIGNATION OF SUBCONTRACKlRS
(TO ACCOMPANY PROPOSAL)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors 1
making up hisher bid and that the sub-contractors listed will be used for the work for whic
they bid, subject to the approval of the District Engineer, and in accordance with applicab
provisions of the Specifications and Section 4100 et seq. of the Public Contracts Code
"Subletting and Subcontracting Fair Practices Act." No changes may be made in the:
subcontractors except upon the prior approval of the District Engineer of the Carlsba
Municipal Water District. The following information is required for each sub-contracto
Additional pages can be attached if required:
Items of Complete Address Phone No.
Work Full Company Name With Zip Code With Area Code
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s@WWP Sgb-5 s 4 @&M4 c? .X7 &[/&m& 4m+J i L<2c?Ja/ - 075
+~,56 o/iM 0 f.
5#@ 'I-> &,#!by 4/'i7(d<+f665- 32z ;g-Sj?+ k: 5//t?2/xa &/$/ /gfi -033$
&*
43ed L&/b*il f p;&& ESk-. a& gzi? z a "/
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P Designation (
Subcontractoi 7nP2 RET
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AMOUNT OF SUBCONTRACTORS' BIDS
(TO ACCOMPANY PROPOSAL)
The Bidder is to provide the following information on the sub-bids of all the liste
subcontractors as part of the sealed bid submission. Additional pages can be attached,
required.
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Type of State Carlsbad
Contracting Business Amount of Bid
License & No. Full ComDanv Name
f# Fj pds f &JUhkf" w/4j hk&x?/d 2 &- 2BQd%
- q..S"L $/3 /'@/Lff' 325& lk.5 l21f (bdsf-
*Licenses are renewable annually. If no valid license, indicate "NONE." Valid license mi
be obtained prior to submission of signed contracts.
Amoun
Subcontractors' 1
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EQUIPMENT/h4A"ERIAL SOURCE INFORMATION
(TO ACCOMPANY PROPOSAL)
The Bidder shall indicate opposite each item of equipment or material listed below, thi
name of the one supplier and manufacturer of each item of equipment or material proposec
to be furnished under the bid. Awarding of a contract under this bid will not imp1
approval by the District of the manufacturers listed by the Bidder.
f
I Eauipment/Material Manufacturer
1 (One Only)
a (Manufacturer)
1. Pipe Supplier Efl4
A. Polyvinyl Chloride Pipe &p,g;gf/#-eL&a .
2. Valve Supplier ,.y"".; k i t i 2 pi".
(One Only) D
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I A. Gate Valve m 1- it.$ A/d4> I. (Manuhctu rer)
EquipmenWateria
Source Informatioi
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BID SECURITY FORM
(Check to Accompany Bid)
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(Note: The following form shall be used if check accompanies bid:)
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Accompanying this proposal is a *Certified *Cashiers check payable to thc
order of CARLSBAD MUNICIPAL WATER DISTRICT, in the sum of
dollars ($ 1,
this amount being ten percent (10%) of the total amount of the bid. The proceeds of thi
check shall become the property of District provided this proposal shall be accepted by th
District through action of its legally constituted contracting authorities and the undersigne
shall fail to execute a contract and furnish the required Performance, Warranty an(
Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, th
check shall be returned to the undersigned. The proceeds of this check shall also becom
the property of the District if the undersigned shall withdraw his bid within the period c
fifteen (15) days after the date set for the opening thereof, unless otherwise required by lau
and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on th
following pages shall be executed--the sum of this bond shall be not less than ten percer
(10%) of the total amount of the bid.
Bid Security For
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lmmaBxm 0 @O ACGOMPANYPROPOSAL)
KNOW ALL PERSONS BY TfIEsE PRESENTS;
mwb C . E. WILSON CORPORATION ,m Riacipal, ad INSURANCE COMPANY
OF THE WEST s as Surety arc held and fixmly bwd unto the GARLSBAD MuNImAL WATER DWI'iUCI', in an'mount as follows (must be at leaat ten percm$ (10%) ofthe bid emcmnt)
fix which payment, WE and truly made, we bind oumelvcs, OUI heirs, e~ecubrs saa'
admin-18, su- ab Bsciejps, jahtlyand severally, firmly by these pteseata
THE CO~lTION OF THE FORWING OBLIGATION IS SUQR that iftbe proposal
af the abawe-bounden Prhdpd frx
CO"RACX"0. 3389
mR m"'RUCI'I0N OF TfXE hW3MAR AIRFORT ROAD
12INCHWATERMAeJ~X'lON
CRdWD PRCNECTNQ. -1
TEN PERCENT OF THE AMOUNT BID (10% OF THE AMOUNT BID)---------------------
e
htfie City ofwad, is acoepted bythsBoard of Dirsctors, andif the prfncipdlshan duly enter into and executa a Contract, .including requid bonds and inwrnrnca pokies, within twenty (20) days fram the date $award of'contract by the &wd of Dirwtcm oftbe carlsbad Municipal Water M being duly notified of said award, &ea this obligation sbatl beccpne nnR and void; otherwise, it shall bo and Tcl1Izlip in fau force and effect, and
the amount spccifkd herein &all be forfeited to the said District
BidrwsBgqd 0 7/7m REV
m October 2, 1992 ,tPkaPn gate of CALIFORNIA I ss- Nancy 3. Huffstutler SAN DIEGO ‘-of
tk urk-sQPd Mary Wlic, wl ly x0eared
Laura M. Ehrlich
id Fprscrally-torrp
[ ] gr-5.€dtomcntkkisofsati~E.rJi.dAZP.
to k th? -(s) CSO mfd tk within instrurent as ATTORNEY-IN-FACT (Y tn tfr Mlf of tk mxpat.icn
tI*in rEllEd, ;prl c3A-d- to in? tklt tlk cwpatim md it,
VU“?§ rry rxm ard official sm1.
“ifilcw [) v &Jj&
&3ry’siSi+tm, 0
l5 On Oct 5, 1992 , befbr
Lisa M. Armstronq
the undersigned Notary Public, personally appea
Brian C. Wilson and Patricia Wilson
:ate of Califonria
iunty of San Diego
**
w] personally known to me
[ 1 proved to me on the basis of satisfactory
to be the petson(s) who executed the within ins
as V. Pres/Secretary on the behalf
corporation therein named, and acknowledged to
the corporation executed It.
evidence
NOTARY PU6i.G. CALIFORNIA SAP4 OIEQO COUMTY
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6 C.E. WILSON CORPORATION INSURANCE COMPANY OF THE WEST m-dv)/
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&fl/&T/J c-. L%J/&l2.%2 JLAUFU M. EHRLICH
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, a. & INSURANCE COMPANY OF THE WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporatio authorized and existing under the laws of the State of California and having its pr office in the City of San Diego, California, does hereby nominate, constitute and apl
its true and lawful Attorney(s)-in-Fact, with full power and authority hereby confer its name, place and stead, to execute, seal, acknowledge and deliver any and all undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and authority of the following Resolution adopted by the Board of Directors of IN: COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February,
which said Resolution has not been amended or rescinded and of which the followir true, full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorne Fact to represent and act for and on behalf of the Company, and either the Presid Secretary, the Board of Directors or Executive Comnittee may at any time remow Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it furthe RESOLVED: That the Attorney-in-Fact may be given full power to execute for and name of and on behalf of the Company any and all bonds and undertakings as the busin the Company may require, and any such bonds or undertakings executed by any such Att in-Fact shall be as binding upon the Company as if signed by the President and seal attested by the Secretory."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be unto affixed and these presents to be signed by its duly authorized officer
24th day of August, 1990 INSURANCE COMPANY OF THE WEST
e
Laura M. Ehrlich
0 .@Owo~~o 5
+ *44a, ,3+ ? /- I President STATE OF CALIFORNIA ~4llfoRn\'
0
COUNTY OF SAN DIEGO '':
On this 24th day of August, 1990 before the subscriber, a Notary Public of the of California, in and for the County of San Diego, duly comnissioned and qualified BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally knc be the individual and officer described in and who executed the preceding instrumen he acknowledged the execution of the same, and being by me duly sworn, deposeth and ! that he is the said officer of the Corporation aforesaid, and that the seal affixed I preceding instrument is the Corporate Seal of the said Corporation, and that the Corporate Seal and his signature as such officer were duly affixed and subscribed ' said instrument by the authority and direction of the said Corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at thc of San Diego, the day and year first above written.
Notary Public
STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS:
I, the undersigned, JAMES W. AUSTIN, 111, Secretary of INSURANCE COMPANY OF THE WES hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, and correct copy, is in full force and effect, and has not been revoked.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixe
Corporate Seal of the Corporation, this 2nd day of October 19 92
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BIDDERS STATEMENT OF FINANCIAL RESPONSIBILITY
(TO ACCOMPANY PROPOSAL)
Bidder submits herewith a statement of financial responsibility:
ro
4
Bidder's Statement
Financial Responsibil 7nm RE
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FINANCIAL STATEMEWS
AND SUPPLEMENTAL SGB<LDULES
AND
ACCOWNTANT'S REViEW REPORT
MAY 31, 2992
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SAh DIE
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DOUGLAS G. GRIFFIhT &SO Car
NORTI-! COUNTY
13328 Misty Qak Ra
Tal. (579) 74866'36
Vallay C%IW CA 9xsz CERTlFIEZ) PUBLIC ACCOUNTANT
0
C,E. WILSON CURFORATION
662 Grand Avenue spring Valley, CA 91973
AGCOWNTANTIS REVPZW XEPORT
I have reviewed the accompanying balance sheet af C,E. WiZsax Csrpsratfon as of Hay 31, 1992 apd the related statements of j~cornd and retained earnings and cash flows far the year then ended LE
accordance with standards established by the Amerism Institute hpi
Certff ied Public Accountants. All. information incluaed in thess C'inancial statements is the representation of the management ul
C.E. Wilson Corporation.
A review consists principally of inquiries of cornpan?
persannel and analytical procedures applied to financial data, It is substantially less in scope than an examination in accordance
with generally accepted auditing standards, the objective of which is the expression of an opinion regardinq the financial statements
taken ad a whole. Accordingly, I do not express such an opinion.
Baaed on my ravizw, I am not aware of any material
modifications that should be made to the accompanying Pinamial
statements in order for them to be in c~nf~rmi'cy with generaB2.y
accepted accounting principles.
Th@ other data in Supplemental Schedul@s P through 3
accompanying the financial statements is presented only for
supplementary analysis purposes and has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements. I did not become aware af any material
modifications that should be made to the other daza.
0
$$LJJe &yL..+
SdP? L L3*, - , CalFEorrlia
July 3:. i592
a
ACCOUNTING * CONSULTING * TAX
y_
C * E * WILSON COWORATION
BALANCE SWEET 0
MAY 31, 3992 -
ASSETS
CURRENT ASSETS
Cash in bank
Accounts receivable 270,915 .
47,354
(8 t saw
75 * 057
$
Allowance far doubtful accounts Costs and estimated easniamgs in
excess of billimp an uncarnpleted carttracks Y
Total current assets 384 t 026
PROPERTY AND EQUIPMENT (Note 1)
Machinery and equipment 971,154
AutomsbiPes and trucks 200,88Y
office furniture and equipment 31,653 Leasehold irnpravements 49,?12 1,258,486
c__ 397,927
(853 I479) L~GS accumulated depreciation
et property and equipment 0
$iLEL&Zi m.-. I-..TAL ASSETS
sea acccnpznyinq motes and ~ccountant~s ~aview Report
e 2
-
0
--
HIAB TLJTTES AN 6 HAREHOLDERS *-EQU%FY
CIJ€UWMT LIABILITIES
Accounts payable [Mote 5) $ 3.7
Note payable - credit line (Note 3) 6
earnings on uncompleted contracts 1
Current portion of long-term debt -Y Total current liabilities 28
SHAREHOLDERS' LOAN 23
LONG-TERM DEBT {Note 2) 3
DEFERRED INCOME TAXES (Notas 2 and 4) 3
Accrued payroll taxes
State income taxes payable (Notes 1 and 4) Billings; in excess of costs and estimated
3
0
SHAREHOLDERS' EQUITY
Cornon stock, 100,6500 shares
Retained earnings
authorized, 60,000 shares issued and outstanding 5
Total shareholders' equity 4
14 --
TOTAL LIABILITIES AND SHAREHOLDERSB EQWITY $3
~ae accompanying notes and Accountant's weview Report
3
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C*E- WLLSQM CORPORATION STATEMENT OF INCOME AND RETALNED EARNINGS * FOR THE YEAR ENDED MAY 31, 1992
-
REVENUES
Construction contracts (Note I) $ 2,Q64,027
House moves 42,887
Equipment rental and other 98,9543
Demolition 97Jt3-7
Trucking 7& Totdl revenues 2,311,170
Direct labor 435,076
~ayraiP taxes and insurance 154,231 Materials 345,563.
subcontracts (Mote 5) 751,211
Parts/supplies and fuel 99,493 Repairs and maintenance 443,4313 Depreciation 73 # 534
Total owned equipment costs 233,455
GROSS PROFIT 222 / 1-75
GENERAL AND ADMINISTRATIVE EXPENSES ,289,025
COST OF REVENUES Constructiori contracts: (Note 1)
Iq?J451
1,855 8 530
Nonowned equipment rental and other
Total construction contracts CQS~S Owned equipment costs; (Note 1)
Insurance and other 0
Total cost of revenues 2,0881 995
INCOME (Lass) BEFORE INCOME TAX EXPENSE (166,850)
90,750
(177 # 600)
INCOME TAX EXPENSE {Nates 1 and 4)
NET INCOME (LOSS)
RETAINED EARNINGS
Beginning of year 357,976 ~asa prior period adjustment (Note 4)
Subtotal 325,576
(32,40691
$ End of year U?! 974
Sea accompanying notes and Aceountantcs Review Report
4 0
C.E, WILSON CORPCXATION
STATEXENT OF CASH FLOWS
FOR THE YEAR ENDED NAY 3'1, 1992
4
.,
CASH FLOWS FR0N OPER?iTING ACTIVITIES
Wet loss $ (177, COO) Adjustments to reconcile net earnings to net cash provided by operating activities
Depreciation and arnortiz&tion 1115, E06
on uncompleted contracts (75,057)
Accrued payrollI taxes and interest (752)
earnings an uncompleted contracts Is), 1172 Prepaid expenses and deposits 8,6U
215,532
Accounts receivable 333,877 Costs and estimated earnings Fm excess of billings
Accounts payable 6,666
Income taxes payable (5,192j Billings in excess of costs and estimated
Net cash pravided by operating activities
purchases of property and equipnent (72,748)
Disposition of property and equipment a.5
CASH PLOWS FROM INVESTING ACTIVXTIES
0 Met cash used by investing activities (50,172)
CASH FLOWS FROM FINANCING ACTIVITIES
Credit line repayments (62,400) Transfer investments to shareholders loan 87 * 628 Repapent of shareholders' loan (158,8LO] Proceeds 0% long-term debt 44,908
Net cash used by financing activities (125,175)
%ET XNCREASE IN CASH AND CASH EQUIVALENT$ 40,485
CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 6. am
CASH AND CASH EQWVALENTS, END OF YEAR (Note 3) $
Repayment QE long-term debt 136,505)
See accompanying note5 and Accountant@s Review ~apoat a
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C.E. WILSON COWOMTION
NOTES TO FINANCIAL STATEMENTS
MAY 31, 1991
*
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1. $WRY OF SIGNIFICANT ACCOUNTING P0LICIES
Gomrsanv O~eratiam
C.E. Wilson Corporation (the ''"Company4t) is angaged Ira the busiPiei.~ of underground piping and grading contracting, Most work 1 gerfcxmed under either fixed price contracts or contracts khc provide for guaranteed maximum prices with incentive and penal$
pWViSiOnS.
The length of the Company's contracts varies, but Ps typically d months to one year. Accordingly, assets and linbllitfes ax
classified as current if they are expected to be liquidated withi
one year from the date of the balance sheet. Assets an liabilities that are not expected to be liquidated within om yea
from the data of the balance sheet are classified as nan-current
Most of the customers of the Company are located in Souther
Californfa. As of May 31, 1992 there were $270,115 of account
receivable due from customers in Southern California.
Method of: pp. coqnizina Income
Revenue from construction c0ntmCt.s is recognized using th percentage of @ompLetion method based on costs incurred ralativ
to total estimated costs. Total estimated costs include prcovisian
for those expenditures that may arise from claims by customers o subcontractors. Full prcrvision Is mads currently for estimarte~ losses, if any, Revisions .in estimated profits are made in th period in which the circumstances requiring the revision becorn$
known, Income from noncontractual claims against customers it
recognized when realization is probable ana the amour& can bs
reliably estimated, Precontract costs are deferred on prajeck when it is probable that the contract will be obtained and that the
estimated profits will be sufficient to permit their recovery,
Construction costs paid directly by customers, which may $6 significant and vary substantially ammg cantracts, are excludec
from revenues and cost of revenues,
popertv and Equipment
Property and ecpipment are statedl a& cast, Major renewajks and impr~uements are capitalized and charged to expense th~ourgh
depreciation charges. Repairs and maintenance are: charged tc expense as incurred. Bepreciation is provided on a straight-line
basis over the estimated useful. lives of the depreciable asset8 (S
0
0 6
t.
to 10 years), Casts and accumulated depreciation applicable 1
assets retired or sold are eliminated from the ~CCQU~~G, ar
resulting gains or losses are reported in the statement of incon and retained earnings. Total depreciation expense far the year vz
$135,106*
Owned Equiamenl Costs
The cost of campany-owned field equipment are treated as peric
costs and are charged to COST; of sales as incurred, %he campan
does nok charge '@internal rentbt to pro-je~t costs and goes -na krnclude tho cost of company-owned equipment as a line item idr it
estimates and cost accounting system far construction contracts.
@a& an@ cash Eguivalenks
The company considers ab1 highly liquid debt instruments purebazgse with a maturity of twelve months or less to he cash equivalents,
0
2n6oEio Taxes
~effirred inc~me taxes are provided on income and expenses that ar recognized in a different accounting period for finamid. reportin
purposes than for income tax purposes. ha timing differences a%
due primarily to different methods of recognizing income fro
construction contracts. The methad used for financial reportin
is described above.. The m.ethod used for incoma taxes is the Gas
Bethod, under which contract revenues and expertses are recognize in the accounting psrisd. in which the itern is ccLLEeoted or paid Deferred income taxes provided for this timing difference wdai generally be payable in the fiscal yearn in which the rekats
contraces are completed, depending on the C~rnpany~s other taxabl income in such future periods. Reversals of previously deferre profits will occur as contracts WE completed.
0
2. LONG-TERM DEBT
l$he long term debt ~onsists of the f~I.Zowing rsokes payable $I
shareholders:
Monthly Interest Matrarity Prim
Lender Collateral Payment Rate Ate Pia lag
The Associates Chipper and Digger $I, 470 11% 10-1-94 $36,: FB~ ~ssc3rciath;es FL 200 Loaders $2,916 13.6% 8-1-92 25,r
Total 61;.
Lek56 Current Portion ras,f;
Long-Term Portion $U
7
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The principal payments required for tho next five years are:
2993 $ 29,000
1994 $ Z?,QOO 1995 5 5,787
1996 -0-
1997 -0-
e
Asseks witfa a cost of $P46,QOO have been pledged, ab securkty unde these loans,
3. LINE OF CREDIT
The Company maintains a $125,800 revolving line of credit: with ( bank which expires on August 30, 1993. The interest rate on thi
bine is prim plus 1 and 112%; the rate at ~ay 31, 2992 was ~~5% The kine is coPlateralPzed by a security interest in the assets 0
the Company plus personal guarantees by the shareholdersl her were a balance owing of 65,000 under the line as sf Hay 31, 1992
4. INCOME TAXES AND PRIOR PERIOD ADJUSTMENT
The provision for income tax expense consists entirely of $10,75( of atate income taxes of which $3,385 are stilk payable as of
31, 1492. No federal taxes are due because of a net csperathnr
approximately $61,500 of the federal Boss carry-forward i,: available for future years.
A provision of $32,400 of federal. and state deferred incomis $axe: hac been provided and charged ta retained earnings as a prioi period adjustment because the deferrals consist sf accounkh~
companyts policy tc treat dzferred taxes as long-tezm in nature du~
to the long-term nature of the contract related deferrals.
5 i RELATED PARTY TRANSACTIONS
loss carried forward from prior years, AS Qf biay 31, 199; 0
method differences which arose in prior peri~ds. It is $hi
Office Rea
The c npany rents its headquarters c%%ice building and yard
from rts shareholders on a month-to-manth lease, The non"ch2)
rental rate is $1,784 per month. Total rent paid %or the year
ended May 31, 2992 under the lease was $7,736.
Affiliate Subcontractor
The Company subcontracts the grading portion of ea& construction contract to canstructisn Equipment; Rental, a corporatiun awned 50% by the. shareholders of the Company, The baslaface owed to Construction Equipment Rental in aceeunts payable wa5 $67,362 at May 31, 1992.
8
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6. BACKLOG
The Company's backlog of uncompleted construction contracts as May 31, 1992 was approximately $653,000,
0
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9
C.E. WILSON @ORPORATLBW SUPPLEHENTAL SCHEDULE #I - GENERAb BMD ADMINTS'TMTIVE EXPENSES
FOR THE YEAR ENDED M&V 31, 1992
0
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$ 224
IO'
Entertainment
Insurance
Corttr ibutions 1,571
~ealkh insurance 3,49i
Payroll taxes-sffice 31),65'
~ffi~ers life insurance 1,2&1' xiseelPaneous 5,87
Depreciatian 4%,57 Advertising 3,753
Postage lt56
Salaries 903 9 76
office rent "8'73
Office expense S,6Z
Utilities 2,34
Telephone 1%,53
Duesjsubscriptions 3,23
accounting and ~tbe~' professional fees Lega 1 43 # 37
Rad io/ paging Taxes - other PQ,36
Licenses and fees Repair andl maintenance b,9C
Bank charges
Snterest expense 24, CIC
Travel 1,OZ Bad debt expense 55,JS Penalty expense
Total General and AdministratPve Expenses - $A
69 Qffice supplies
x3 # 67
18 # 24
2.4 p 6(1
15
0
47
71 Loss on sale clf assets
0 See AccountantPs Review Report,
10
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G. E. WILSOM COWPOWTICIN
FOR THE YEAR ENDED MAY 31, 2992
a
SUPPLEMENTAL SCHEDULE #2 - $He$ FROM CQNTfeBaCTS
I __I
Revenues Gost of GrQSS =ne6 -.-revenue&-- profit
Contra~ts completed a% 5-31-92 $1,774#386 $l,k;23,534 $ 158,85P
Coi-Ltx-aGrs in progress
at 5-31-92 289 * 637 231,992 57,642
Total SLm S2485524-Q $iiL@&Qz
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see Aseauntant's Review Repost 0
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BIDDERS STATEMENT OF “ICAL, ABILITY AND EXPERIENCE
(TO ACCOMPANY PROPOSAL)
The Bidder’s is required to state what work of a similar character to that included in th
proposed Contract he/she has successfully performed and give references, with teiephon
numbers, which will enable the District to judge his/her responsibility, experience and ski1
An attachment can be used.
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Bidder’s Statemenl
Technical Abi
and Experiei I. 7/7/92 RE
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NON-COLLUSION AJ?J?IDAVIT
(TO ACCOMPANY PROPOSAL)
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
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The Bidder shall fill in the three blank lines below with:
U 1.
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3.
The name(s) of the person(s) signing this bid on behalf of the Bidder.
The title(s) of the person(s) signing this bid in relation to the Bidder.
The legal name of the Bidder.
State of California 1
County of )
) ss.
being first duly swon
deposes and says that he or she is c
Relation to the Bidder) b the pari
making the foregoing bid that the bid is not made in the interest of, or on behalf of, ac
undisclosed person, partnership, company, association, organization, or corporation; that th
bid is genuine and not collusive or sham; that the bidder has not directly or indirect
induced or solicited any other bidder to put in a false or sham bid, and has not directly c
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put i
a sham bid, or that anyone shall refrain from bidding; that the bidder has not in ax
manner, directly or indirectly, sought by agreement, communication, or conference wil
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profj
or cost element of the bid price, or of that of any other bidder, or to secure any advantal
against the public body awarding the contract or anyone interested in the proposed contrac
that all statements contained in the bid are true; and further, that the bidder has nc
Non-Collusion Affidai
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directly or indirectly, submitted his or her bid price or any breakdown thereof, or thl
contents thereof, or divulged information or data relative thereto, or paid, or will not pal
any fee to any corporation, partnership, company association, organization, bid depositoq
or to any member or agent thereof to effectuate a collusive or sham bid.
IN WITNESS WHEREOF, the undersigned represent and warrant that they have the righ.
power, legal capacity and authority to enter into and declare under penalty of perjury tha
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eir names, titles, an
UCIlON OF THE
blq- qu 8-I - bT2-I 1 Phone Number y
Signatures must be made, and Notary Acknowledgements of execution of Bidder must b I attached.
To be submitted as part of the Bid Documents.
I declare under penalty of pe ' ry that
affidavit was executed on the'%% day o
Subscribed and sworn to before me on the t (NOTARY SEAL)
Non-Collusion Affida
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CONTRACT - PUBLIC WORKS
This agreement is made this-day /!F of &&&uL, , 195%~ and between the Carlsbac
Municipal Water District of Carlsbad, 'California, a municipal corporation, (hereinafte called "District"), and 1s. E. Wilson Corporation whos
principal place of business is 662 Grand Avenue SDrina VRIIP~ CA 41477
(hereinafter called "Contractor".)
District and Contractor agree as follows:
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Description of Work. Contractor shall perform all work specified in the Contra(
Documents for:
CONSTRUCTION OF THE PALOMAR AIRPORT ROAD
12 INCH WATER MAIN RELOCATION
FROM YARROW DRIVE EASE 1300 FEET
IN THE CITY OF CARLSBAD I CMWD PROJECT NO. 88-601
(hereinafter called "project".)
Provisions of Labor and Materials. Contractor shall provide all labor, materia
tools, equipment, and personnel to perform the work specified by the Contr:
Documents.
Contract Documents. The Contract Documents consist of this Contract, Noti
Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontract0
Bidder's Statements of Financial Responsibility and Technical Ability, Non-collusi
Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, t
Special Provisions, and all proper amendments and changes made thereto
accordance with this Contract or the Plans and Specifications, and all bonds for 1
project; all of which are incorporated herein by this reference.
Contractor, herhis subcontractors and materials suppliers shall provide and ins
the work as indicated, specified, and implied by the Contract Documents. Any ite
of work not indicated or specified, but which are essential to the completion of I
work, shall be provided at the Contractor's expense to fulfill the intent of s
documents. In all instances through the life of the Contract, the District will be
interpreter of the intent of the Contract Documents, and the District's decis
relative to said intent will be final and binding. Failure of the Contractor to app
subcontractors and materials suppliers of this condition of the Contract will
relieve responsibility of compliance.
2.
3.
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4. Payment. For all compensation for Contractor’s performance of work under th
Contract, District shall make payment to the Contractor per Section 9-3 of t€
Standard Specifications for Public Works Construction (SSPWC) 1991 Edition, a1
the latest supplement, hereinafter designated “SSPWC’, as issued by the Southei
California Chapter of the American Public Works Association and as amended 1
the special provisions section of this contract. The closure date for each month
invoice will be the 30th of each month. Invoices from the Contractor shall 1
submitted according to the required District format to the District’s assigned projec
manager no later that the 5th day of each month. Payments will be delayed
invoices are received after the 5th of each month. The final retention amount sha
not be released until the expiration of thirty-five (35) days following the recordir
of the Notice of Completion pursuant to California Civil Code Section 3184.
IndeDendent Investigation. Contractor has made an independent investigation of tl
jobsite, the soil conditions at the jobsite, and all other conditions that might affe
the progress of the work, and is aware of those conditions. The Contract pric
includes payment for all work that may be done by Contractor, whether anticipate
or not, in order to overcome underground conditions. Any information that m;
have been furnished to Contractor by District about underground conditions or othe
job conditions is for Contractor’s convenience only, and District does not warrai
that the conditions are as thus indicated. Contractor is satisfied with all jo
conditions, including underground conditions and has not relied on informatia
furnished by District.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsibl
for all loss or damage arising out of the nature of the work or from the action of th
elements or from any unforeseen difficulties which may arise or be encountered j
the prosecution of the work until its acceptance by the District. Contractor shall als
be responsible for expenses incurred in the suspension for discontinuance of th
work. However, Contractor shall not be responsible for reasonable delays in th
completion of the work caused by acts of God, stormy weather, extra work, c
matters which the specifications expressly stipulate will be borne by District.
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7. Cal OSHA Permits. Contractor will obtain permits from Cal OSHA if requirec
including but not limited to, permits for excavations over four feet deep. i
8. Hazardous Waste or Other Unusual Conditions. If the contract involves diggin
trenches or other excavations that extend deeper than four feet below the surfac
Contractor shall promptly, and before the following conditions are disturbed, notit
District, in writing, of any:
A. Material that Contractor believes may be material that is hazardous waste, a
defined in Section 25117 of the Health and Safety Code, that is required tl
be removed to a Class I, Class 11, or Class I11 disposal site in accordance wit
Contract - Public Worl
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provisions of existing law.
Subsurface or latent physical conditions at the site differing from tho5
indicated.
Unknown physical conditions at the site of any unusual nature, differei
materially from those ordinarily encountered and generally recognized i
inherent in work of the character provided for in the contract.
B. t
C.
District shall promptly investigate the conditions, and if it finds that the conditio]
do materially so differ, or do involve hazardous waste, and cause a decrease (
increase in contractor’s costs of, or the time required for, performance of any pa
of the work shall issue a change order under the procedures described in th 1 contract.
In the event that a dispute arises between District and Contractor whether t€
conditions materially differ, or involve hazardous waste, or cause a decrease (
increase in the Contractor’s cost of, or time required for, performance of any pa
of the work, Contractor shall not be excused from any scheduled completion da
provided for by the contract, but shall proceed with all work to be performed undc
the contract. Contractor shall retain any and all rights provided either by contra
or by law which pertain to the resolution of disputes and protest between t€
contracting parties.
Change Orders. District may, without affecting the validity of the Contract, ordc
changes, modifications and extra work by issuance of written change order
Contractor shall make no change in the work without the issuance of a writtf
change order, and Contractor shall not be entitled to compensation for any exti
work performed unless the District has issued a written change order designating
advance the amount of additional compensation to be paid for the work. If a chanl
order deletes any work, the Contract price shall be reduced by a fair and reasonab
amount. If the parties are unable to agree on the amount of reduction, the WOI
shall nevertheless proceed and the amount shall be determined by litigation. TI
only person authorized to order changes or extra work is the Project Manager. TI
written change order must be executed by the Executive Manager or the Board
Directors, as allowed by law and according to the latest procedures adopted 1
resolution of the board.
Immigration Reform and Control Act. Contractor certifies he is aware of tl
requirements of the Immigration Reform and Control Act of 1986 (8 USC Sectio,
1101-1525) and has complied and will comply with these requirements, including, b
not limited to, verifying the eligibility for employment of all agents, employee
subcontractors, and consultants that are included in this Contract.
9.
10.
Contract - Public Woi
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11. Prevailing Wage. Pursuant to the California Labor Code, the director of th
Department of Industrial Relations has determined the general prevailing rate of pc
diem wages in accordance with California Labor Code, Section 1773 and a copy (
a schedule of said general prevailing wage rates is on file in the office of tk
Carlsbad City Clerk, and is incorporated by reference herein. Pursuant to Californ
Labor Code Section 1775, Contractor and all subcontractors shall pay prevailir
wages. Contractor shall post copies of all applicable prevailing wages on the job sit
For this contract, eight hours shall constitute a legal day’s work. Work beyond eig
hours shall be paid at a rate not less than one and one half times the prevailii
rates. Wage rates for Sundays and holidays shall be paid at a rate not less than tv
times the prevailing rates. The holidays upon which such rates shall be paid shall t
all holidays recognized in the collective bargaining agreement applicable to tl
particular craft, classification or type of workers employed on the projects.
Indemnification. Contractor shall assume the defense of, pay all expenses of defens
and indemnify and hold harmless the District, and its officers and employees, fro
all claims, lawsuits or judgements for any loss, damage, injury and liability of eve
kind, nature and description, directly or indirectly arising from or in connection wi
the performance of the Contractor or work; or from any failure or alleged failure
Contractor to comply with any applicable law, rules or regulations including tho
relating to safety and health; except for loss or damage which was caused solely 1
the active negligence of the District; and from any and all claims, loss, damagt
injury and liability, howsoever the same may be caused, resulting directly or indireci
from the nature of the work covered by the Contract, unless the loss or damage w
caused solely be the active negligence of the District. The expenses of defen
include all costs and expenses including attorneys fees for litigation, arbitration,
other dispute resolution method.
Insurance. Contractor shall procure and maintain for the duration of the contra
insurance against claims for injuries to persons or damage to property which m
arise from or in connection with the performance of the work hereunder by tl
Contractor, his agents, representatives, employees or subcontractors. Said insuran
shall meet the District’s policy for insurance as stated in Resolution No. 772.
(A)
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13.
COVERAGES AND LIMITS - Contractor shall maintain the types
coverages and minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
$1,000,000 combined single limit per Occurrence for bodily injury a
property damage. If the policy has an aggregate limit, a separz
aggregate in the amounts specified shall be established for the risks 1
which the District or its agents, officers or employees are additior
insureds.
Contract - Public Wo
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E 2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury an
property damage. In addition, the auto policy must cover any vehicl
used in the performance of the contract, whether used onsite or offsit
whether owned, nonowned or hired, and whether scheduled or noi
scheduled. The auto insurance certificate must state the coverage
for “any auto” and cannot be limited in any manner.
Workers’ Comoensation and Employers’ Liabilitv Insurance:
Workers’ compensation limits as required by the Labor Code of th
State of California and Employers’ Liability limits of $1,000,000 pe
incident. Worker’s compensation offered by the State Compensatia
Insurance Fund is acceptable to the District.
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(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies (
insurance required under this agreement contain, or are endorsed to contaii
the following provisions. General Liability and Automobile Liabilii
Coverages:
1, The District, its officials, employees and volunteers are to be covere
as additional insureds as respects: liability arising out of activitit
performed by or on behalf of the Contractor; products and complete
operations of the contractor; premises owned, leased, hired c
borrowed by the contractor. The coverage shall contain no speck
limitations on the scope of protection afforded to the District, il
officials, employees or volunteers.
The Contractor’s insurance coverage shall be primary insurance a
respects the District, its officials, employees and volunteers. An
insurance or self-insurance maintained by the District, its official
employees or volunteers shall be in excess of the contractor’s insuranc
and shall not contribute with it.
Any failure to comply with reporting provisions of the policies sha
not affect coverage provided to the District, its officials, employees c
volunteers.
Coverage shall state that the contractor’s insurance shall appl
separately to each insured against whom claim is made or suit i
brought, except with respect to the limits of the insurer’s liability.
2.
3.
4.
(C) “CLAIMS MADE! POLICIES - If the insurance is provided on a “claim
made” basis, coverage shall be maintained for a period of three year
following the date of completion of the work.
Contract - Public Worl
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NOTICE OF CANCELLATION - Each insurance policy required by th
agreement shall be endorsed to state that coverage shall not be suspendec
voided, canceled, or reduced in coverage or limits except after thirty (3(
days’ prior written notice has been given to the District by certified mai
return receipt requested.
(D) i
(E) DEDUCTIBLES AND SELF-INSURED RETENTION (S.I.R.) LEVELS
Any deductibles or self-insured retention levels must be declared to an
approved by the District. At the option of the District, either: The insurc
shall reduce or eliminate such deductibles or self-insured retention levels i
respects the District, its officials and employees; or the contractor sha
procure a bond guaranteeing payment of losses and related investigatio
claim administration and defense expenses.
WAIVER OF SUBROGATION - All policies of insurance required undi
this agreement shall contain a waiver of rights of subrogation the insurer mi
have or may acquire against the District or any of its officials or employee
SUBCONTRACTORS - Contractor shall include all subcontractors ,
insureds under its policies or shall furnish separate certificates a1
endorsements for each subcontractor. Coverages for subcontractors shall t
subject to all of the requirements stated herein.
ACCEPTABILITY OF INSURERS - Insurance is to be placed with insure
that have a rating in Best’s Key Rating Guide of at least A-:V, and a
authorized to do business within the State of California and are included
the official publication of the Department of Insurance of the State
California as allowed under the standards specified by the Board of Directo
in Resolution No. 772.
VERIFICATION OF COVERAGE - Contractor shall furnish the Distri
with certificates of insurance and original endorsements affecting covera,
required by this clause. The certificates and endorsements for each insuran
policy are to be signed by a person authorized by that insurer to bii
coverage on its behalf. The certificates and endorsements are to be in fon
approved by the District and are to be received and approved by the Distr
before work commences.
COST OF INSURANCE - The Cost of all insurance required under tl
agreement shall be included in the Contractor’s bid.
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(G)
(H)
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14. Claims and Lawsuits. All claims shall comply with the Government Tort Claims F
(Section 900 et seq of the California Government Code) for any claim or cause
action for money or damages prior to filing any lawsuit for breach of this agreeme
All claims by Contractor for $375,000 or less shall be resolved in accordance with t
provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article I
Contract - Public Wo
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I (commencing with Section 20104) which are incorporated by reference.
Maintenance of Records. Contractor shall maintain and make available at no cos
to the District, upon request, records in accordance with Sections 1776 and 1812 o
Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintaii
the records at Contractor’s principal place of business as specified above, Contract0
shall so inform the District by certified letter accompanying the return of thi
Contract. Contractor shall notify the District by certified mail of any change a
address of such records.
Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing wit
Section 1720 of the Labor Code are incorporated herein by reference.
Security. Securities in the form of cash, cashier’s check, or certified check may b
substituted for any monies withheld by the District to secure performance of th
contract for any obligation established by this contract. Any other security that
mutually agreed to by the Contractor and the District may be substituted for monit
withheld to ensure performance under this Contract.
Affirmative Action. The Carlsbad Municipal Water District is an equal opportuni
employer.
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Contract - Public Wl
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Provisions Rewired bv 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 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.
R
19. ti
C.E. Wilson Corporation
I, $
NOTARIAL ACKN0-m OF Contractor
EXECUTION BY ALL SIGNATORIES II ',
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C. E. W11 son 8 MUSTBEATTACHED
" (COWORATE SEAL) Print Name of Signatory
Signature of Signatory
President
APPROVED TO AS TO FORM:
RONALD R. BALL
General Counsel
By:
Title
Patricia Wil son
Print Name of Signatory
c
W V. Pres, Sec, Treasurer
I y+J-@-
Deputy General Counsel Title
Board of Directors
ATI'EST:
1 8 /f -7
ALETHA L. RAUTENMRAP
Secretary
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Contract - Public %
7/7/92 I;
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On November 10, 1992 , befc
Lisa M. Armstrons
the undersigned Notary Public, personally appe
*C.E. Wilson and Patricia Wilson*
Is State of California
County of San Diego
[>oc] personally known to me
( ] proved to me on the basis of satisfactor)
to be the person(s) who executed the within ir
as Pres/V.Pres, Sec, Tres. on the behal
corporation therein named, and acknowledged to
the corporation executed it.
evidence
Notary's Signature u
I. BOND NO. 1237028
2 8 LABOR AND MATERIALS BOND
WHEREAS, the Board of Directors of the Carlsbad Municipal Water District, State c California, by Resolution No. 821. , adopted November 3, 1992 , ha
awarded to (hereinafter designate
as the "Principal"), a Contract for:
C. E. Wilson Corporation
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CONSTRUCTION OF THE PALOMAR AIRPORT ROAD
12 INCH WATER MAIN RELOCATION - CMWD PROECI' NO. 88-601
in the Carlsbad Municipal Water District, in strict conformity with the drawings an
specifications, and other Contract Documents now on file in the Office of the Secretary (
the Carlsbad Municipal Water District (City Clerk of the City of Carlsbad), and all of whic
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the tern
thereof require the furnishing of a bond, providing that if Principal or any of the
subcontractors shall fail to pay for any materials, provisions, provender or other supplies (
teams used in, upon or about the performance of the work agreed to be done, or for a1
work or labor done there of any kind, the Surety on this bond will pay the same to tl
extent hereinafter set forth.
NOW, THEREFORE, WE, C. E. Wilson Corporation 9' Princi a1 hereinafter designated as the Tontractorl'), and INSURANCE COMPANY OF THE
as Surety, are held firmly bound unto the Carlsbad Municipal Water Distri
in the sum of Twenty nine thousand eiuht hundredmad ?&/inn
), said sum being fifty percent (50%) of tl
estimated amount payable by the Carlsbad Municipal Water District under the terms of tl
Contract, for which payment well and truly to be made we bind ourselves, our heii
executors and administrators, successors, or assigns, jointly and severally, firmly by the
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/h
subcontractors fail to pay for any materials, provision, provender, supplies, or teams us(
in, upon, for, or about the performance of the work contracted to be done, or for any 0th
work or labor thereon of any kind, or for amounts due under the Unemployment Insuran
Code with respect to such work or labor, or for any amounts due under the Unemployme
Insurance Code with respect to such work or labor, or for any amounts required to 1
deducted, withheld, and paid over to the Employment Development Department from tl
wages of employees of the contractor and subcontractors pursuant to Section 13020 of t:
Unemployment Insurance Code with respect to such work and labor that the Surety will p
for the same, not to exceed the sum specified in the bond, and, also, in case suit is broug
upon the bond, costs and reasonable expenses and fees, including reasonable attorney's fec
to be fixed by the court, ar required by the provisions of Section 3248 of the California Ci
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Dollars ($ 29,816-24
> Code.
Labor and Materials Bc
7/7/92 RE t
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NOVEMBER 10, 1992 statpd CALIFORNIA 1 sj, Q1
4-d SAN DIEGO Nancy J. Huffstutler
t3-P u&rsicJEd Nzkay Flblic, Persrally 4€==d
Laura M. Ehrlich
$XI E===llY to^
[I ~tDmm~tssisc&satisf;actny-.
tokPtfppRscR(s)~~tfp~~~- ds
-IN-FACT rn cn tk MEllf of tfp mqnatim we, ad -1- tone tfiat t.i-Ecopraticn- it
WTEStlyrarp;rd&i&lS31.
*'s!3iqdtur?? 1 10 Y$kt/L/ +f ,P\ LLJqyd i/
On November 10, 1992 , befoi
Lisa M. Armstrong
the undersigned Notary Public, personally appe,
Is State of Cd.ifarni;r
County of San Diego
*C.E. Wilson and Patricia wilson *
m] personally known to me
[ ] proved to me on the basis of satisfactory
to be the person(s) who executed the within in
as Pres/V.Pres,Sec,Tres on the behal
corporation therein named, and acknowledged to
the corporation executed it.
evidence
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This bond shall inure to the benefit of any and all persons, companies and corporation
entitled to file claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencinl
with Section 3082).
In the event that Contractor is an individual, it is agreed that the death of any sucl
Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 1 0 t h Executed by SURETY this loth day o
I.
92 ,19-. November day of November ,1992.
CONTRACTOR: SURETY: I‘ C.E. Wilson Corporation INSURANCE COMPANY OP THE LIEST
* (sign here)
C.E. Wilson URA M. EHRLICH I
(print name here) Printed name of Attorney-in-Fact
President (attach corporate resolution showin
(title and organization of signatory)
By:
current power of attorney)
Patricia Wilson
(print name here)
V. Pres, Sec, Treasurer
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be attached.)
a
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer sign
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate se
empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL I General Counsel
By: bd
Deputy General Counsel
Labor and Materials BOK
7/7/92 RE’
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BOND NO. 1237028
3
WARRANTY BOND
we, C. E. Wilson Corporation ,a
as SURETY, jointly and severally bind ourselves, our heirs, representatives, successors, an
assigns, as set forth herein, to the CARLSBAD MUNICIPAL WATER DISTRIC
(hereinafter called DISTRICT), for payment of the penal sum of Twenty nine thousa
hundred sixteen and 24/100 Dollars ($ 29,816.24 ), lawful mone
of the United States. Obligees and Principal have entered into a Contract for:
a
PRINCIPAL, AND INSUR9NCE COMPANY OF THE WEST
CONSTRUCTION OF THE PALOMAR AIRPORT ROAD
12 INCH WATER MAIN RELOCATION
CMWD PROJECT NO. 88-601
NOW, THEREFORE, the condition of this obligation is such that, if the above boun
principal shall remedy without cost to said CARLSBAD MUNICIPAL WATER DISTRIC
any defects which may develop during a period of one (1) year from the date of completio
and acceptance of the work performed under said contract provided such defects are cause
by defective or inferior materials or workmanship, then this obligation shall be voic
otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the amount specified abovc
there shall be included costs and reasonable expenses and fees, including reasonabl
attorneys' fees, incurred by the District in successfully enforcing this obligation, all to b
taxed as costs and included in any judgment rendered.
Surety hereby stipulates and agrees that no change, extension of time, alteration or additia
to the terms of the agreement or to the work to be performed thereunder, or th
specifications accompanying the same, shall in any way affect its obligations on this bonc
and it does hereby waive notice of any such change, extension of time, alteration or additic
to the terms of the agreement or to the work or to the specifications.
Executed on November 10
>
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By:
Authorized Representative of Principal
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1 (Seal of Corporation) a (Attach acknowledgement of Authorized
Warranty &I b 7/7/92 RE
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NOVEMBER 10, 1992 -afCAT,ZFORNIA cn rm
cb-ntyaf SAN DIEGO I =- Nancy J. Huffstutler
ttP -1gPd wq %lit, p-smlly w
Laura M. nrlich
krd FersMllykrantorrp
[I @to(TecxIth?t85isafSati~evidETLp~
to b? th? persrn(s) bim mfd tk wi~jn i- a;
a- u-l th? waif a€ tk ccrpati( th??-ein a, arl-1~ tom tJ-&*cnporaticn m
imr= rry m ard clfficial sfal.
qary's' Sietlrrc." 1/
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ATTORNEY-IN-FACT
Y)w?L/ \-/( /'-a L.q$ \ {~ -
On , bef
Lisa M. Armstrong
the undersigned Notary Public, personally apl
Is State of California
County of san Die
* C.E. Wilson *
pcX] personally known to me
(
to be the person(s) who executed the within as President on the bel-
corporation therein named, and acknowledged
] proved to me on the basis Of satisfact0
NOTARY PU8W ~ CALJFORNlA evidence
SAP4 DIE0 COUNTY
3:
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i APPROVED AS TO FORM:
RONALD R. BALL
General Counsel
By: %*A P
k I Deputy General Counsel
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I Warranty Bo
7/7/92 RE
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. iiu3UKANC;L: LUMYANY OF THE WEST
HOME OFFICE: SAN DIEGO, CALIFORNIA
Certified Copy of
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporati authorized and existing under the laws of the State of California and having its PI office in the City of Son Diego, California, does hereby nominate, constitute and ai
Laura M. Ehrlich
its true and lawful Attorney(s1-in-Fact, with full power and authority hereby confs its name, place and stead, to execute, seal, acknowledge and deliver any and al: undertakings, recognizances or other written obligations in the nature thereof.
This Power of Attorney is granted and is signed and sealed by facsimile under and authority of the following Resolution adopted by the Board of Directors of In
COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February which said Resolution has not been amended or rescinded and of which the followj true. full, and complete copy:
"RESOLVED: That the President or Secretary may from time to time appoint Attorr Fact to represent and act for and on behalf of the Company, and either the Presj Secretary, the Board of Directors or Executive Cornittee may at any time remot Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it furtt RESOLVED: That the Attorney-in-fact may be given full power to execute for anc name of and on behalf of the Company any and all bonds and undertakings as the busi the Company may require, and any such bonds or undertakings executed by any such A1 in-Fact shall be as binding upon the Company as if signed by the President and sea attested by the Secretary."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to b
unto affixed and these presents to be signed by its duly authorized office
24th day of August, 1990 INSURANCE COMPANY OF THE WEST
0
(Q f \*;O"i+..%
3 *.#W ,, ,s+ 2
C4t/FOR*\' / Pres iden t 0
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO SS:
On this 24th da of August, 1990 before the subscriber, a Notary Public of tt of California, In and for the County of San Diego duly comnissioned and qualifit BERNARD M. FELDMAN, President of INSURANCE COMPANY 0; THE WEST, to me personally k
be the individual and officer described in and who executed the preceding instrum he acknowledged the execution of the same, and being by me duly sworn, deposeth and that he is the said officer of the Corporation aforesaid, and that the seal affixed preceding instrument is tho Corporate Seal of tho said Corporation, and that tl Corporate Seal and his signature as such officer were duly affixed and substribec said instrument by the authority and direction of the said Corparution.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at t of San Diego, the day and year first above written.
NORMA WATER Norary Pubtlc<ahiornia SAN OIEGO COUNTY
Notary Public
STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss:
I, the undersigned, JAMES W. AUSTIN, 111, Secretary of INSURANCE COMPANY OF THE b hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a ful and correct copy, is in full force and effect, and has not been revoked.
N WITNESS WHEREOF, I nave hereunto subscribed my name as Secretary, and afff It Jorporate Seal of the Corporution, this 10th day of NOVEMBER 19 92
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-((r e \?kea, ,s+ 5) @Vw CJ secretary
ICW CAL 37(REY. 5/87) w&
COVERAGE
AUTO ~-
L MIT(S) COVERED CO&l LIABILITY NCLUDE(S) BOTH PRIMARY AND EXCESS
( f excess applicable)
0 Owned
Hired
NonOwned 17 Employer's Non-Ownership 0 Contingent Liability
1 El Q
Single Limit Liability for Coverages checked Ix] above
GENERAL LIABILITY
M&C-OLT Owners & Contractors Contractual * Elevators
Products and/or
El a(
El Completed Operations
0 Single Limit Liability for Coverages checked Babove
0 El Cargo
COMBINED LIMITS OF LIABILITY
Bodily Injury $ ,000 each person
$ ,000 each occurrenc
,000 each occurrenc Property Damage $
$ 1, = ,000 each occurrenc
Bodily Injury $ ,000 each person *
$ ,000 each occurreni
Property Damage $ ,000 each occurren
,000 annual aggregate $ products * * *
,000 annual aggregate $ products * *
$A ,000 each occurren
annual aggregate $1.ooo ,000 products * * *
$ ,000 each vehicle
$ ,000 each occurrer
;$=bed Descrpon waive YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY OWNED IDENTIFICATION NUMBEF
Umbrella Liability
POLICY NUMBER
$ ,000 retained Iir
$ , each occ
$ , aggregati
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eiu~oyly) ‘sala6ub so7 siuiojile3 ‘sala6uy sol
a6uey3x3 a3uemsul ymil z P~U~~ZIX~ 83Ul?lnSUI SlaUJJEj 1.
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dnOU3 33NVUnSNI SU3vVtlijj
ADDITIONAL INSURED ENDORSEMENT
Reference is made to the attached certificate as To Evidence of Insurance.
It is agreed that:
The person or organization to whom the attached Certificate is issued is an additional insured. This applies only wit1
to liability arising out of the acts or omissions of the named insured. It applies only to the coverages indicate(
Certificate.
This extension of coverage does not apply:
1. To liability arising out of the negligence of the additional insured, its agents or employees, unless the agent or <
2. To any defect of material, design or workmanship in any equipment of which the additional insured is the ownei
3. To any vehicle liability when the named insured is not the owner or does not have care, custody, or control of the
The intent of this endorsement is to provide the coverage as stated above and in the Certificate. If any court shall
this endorsement to provide coverage other than what is stated above then our limits of liability shall be the limits c
injury liability and property damage liability specified by any motor vehicle financial responsibility law of the state, F
or territory where the named insured resides. If there is no such law, our limit of liability shall be $5,000 on ao
bodily injury sustained by one person in any one occurrence and subject to this provision respecting each person,
on account of bodily injury sustained by two or more persons in any one occurrence. Our total liability for all damc
cause of all property damage sustained by one or more persons or organizations as the result of any one occurrer
not exceed $5,000. This endorsement does not increase the coverage limits.
is the named insured.
manufacturer, mortgagee, or beneficiary.
This endorsement becomes part of the policy to which it is attached and supersedes and controls anything in the policy contrary hereto but is
subject to the Declarations, Insuring Agreements, Exclusions and Conditions thereof.
(ADDITIONAL INSURED END j
K-90 1101 SH/1000 P 56-0108 7TH EDITION 11-88
STATE mFmJsND CO M P E N SAT IO N
P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
IdOVEMBER 79, 1992 POLICYNUMBER: 0524082 - 92
3-28-93 CERTl FICATE EXPIRES:
r-
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE ATTN: PURCHASING DEPT.
CARLSBAD CA 92008 JOB: PROJECT #88-601 CONTRACT #3389
L
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies.
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EMPLOYER
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(. C E WILSON CORP 662 GRAND AVENUE SPRING VALLEY CA 91977 R
L
SClF 10262 (REV. 10-86)
z W W
GROSS RECEIPTS LICENSE a 0
GROSS RECEIPTS Ifl z <
U z TAX RATE (per each $1000) X
k SUB TOTAL w s BASE FEE + $25.00
SUBTOTAL PENALTY (25% + 1% per
day not to exceed 50%)
TOTAL:
FLAT FEE LICENSE ,- ,-
AMOUNT Y L
ADD'L TRUCKS Q 3/5 EA
PENALTY (25% + 1% per day not to exc
TOTAL: /
%I,- '
x
s\
City of Carlsbd
Purchasing Department 0 Representation and CeAcation
The following representation and certification are to be completed, signed and returned with proposal
REPRESENTATIONS: Mark all applicable blanks. I am currently certified by:
This offeror represents as part of this offer that:
(Check appropriate Ethnic Business Type)
Certification #:
CERTIFICATION OF BUSINESS
REPRESENTATION(S):
Mark all applicable blanks. This offeror represe
part of this offer that:
This firm is , is not XX a
minority business.
XX a This firm is , is not woman-owned business.
NativeAmerican
DEFINITIONS:
WOMAN-OWNED BUSINESS: A womar
business is a business of which at least 51 PC
owned, controlled and operated by a woman or
Controlled is defined as exercising the power 1
policy decisions. Operation is defined as involved in the day-today management.
'Minority
siness' is defined as a business, at least 51 percent of
which is owned, operated and controlled by minority
group members, or in the case of publicly owned
businesses, at least 51 percent of which is owned, operated and controlled by minority group members.
The Small Business Administration defines the socially
and economically disadvantaged (minorities) as Black
American, Hispanic American, Native Americans (i.e.
American Indian, Eskimos, Aleuts and Native Hawaiians),
and Asian-Pacific Americans (Le., U.S. Citizens whose
origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the
Pacific, Northern Marianas, Laos, Cambodia and Taiwan).
ORITY BUSINESS ENTERPRISE:
CERTIFICATION:
The information furnished is certified to be factual and correct as of the date submitted.
President /I
C. E. Wil son
TITLE ypy/J/ &Gd/b /' November 10, 1992
NAME .
J, - DATE dGNATy":. Wilson Corporation
COMPANY NAME
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OPTIONAL
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION I.
This Escrow Agreement is made and entered into by and between the Carlsbad Municip
Water District whose address is 5950 El Camino Real, Carlsbad, California 9200
hereinafter called "District" and
whose address is
hereinafter called "Contractor" and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the District, Contractor and Escrow Agent agrc
as follows:
1. Pursuant to Section 22300 of the Public Contract Code, Contractor has the optic
to deposit securities with Escrow Agent as a substitute for retention earnin
required to be withheld by District pursuant to the public works contract entered in
between the District and Contractor for CONSTRUCI'ION OF THE PALOMA
AIRPORT ROAD 12 INCH WATER MAIN RELOCATION FROM YARRO
DRIVE EAST 1300 FEET the amount of dated
(hereinafter referred to as the "Contract"). A copy of said contract is attached
Exhibit "A'. When Contractor deposits the securities as a substitute for Contra
earnings, the Escrow Agent shall notify the District within ten (10) days of tl
deposit. The market value of the securities at the time of the substitution shall 1
at least equal to the cash amount then required to be withheld as retention und
the terms of the Contract between the District and Contractor. Securities shall 1
held in the name of Carlsbad Municipal Water District and shall designate t
Contractor as the beneficial owner. Prior to any disbursements, Escrow Agent sh,
verify that the present cumulative market value of all securities substituted is at le;
equal to the cash amount of all cumulative retention under the terms of t
Con tract.
The District shall make progress payments to the Contractor for such funds whi
otherwise would be withheld from progress payments pursuant to the Contr:
provisions, provided that the Escrow Agent holds securities in the form and amou
specified above.
Alternatively, the District may make payments directly to Escrow Agent in t
amount of retention for the benefit of the District until such time as the escrc
created hereunder is terminated.
2.
3.
Escrow Agreement
Surety Deposit!
Lieu of Retent
7/7/92 RI
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Contractor shall be responsible for paying all fees for the expenses incurred k
Escrow Agent in administering the escrow account. These expenses any papei
terms shall be determined by the Contractor and Escrow Agent.
The interest earned on the securities or the money market accounts held in escro
and all interest earned on that interest shall be for the sole account of Contract(
and shall be subject to withdrawal by Contractor at any time and from time to tin;
without notice to the District.
Contractor shall have the right to withdraw all or any part of the principal in tl.
Escrow Account only by written notice to Escrow Agent accompanied by writtc
authorization from District to the Escrow Agent that District consents to tl
withdrawal of the amount sought to be withdrawn by Contractor.
The District shall have a right to draw upon the securities in the event of default 1
the Contractor. Upon seven (7) days written notice to the Escrow Agent from tl
District of the default of the Contractor, the Escrow Agent shall immediately conve
the securities to cash and shall distribute the cash as instructed by the District,
Upon receipt of written notification from the District certifying that the Contract
has complied with all requirements and procedures applicable to the Contrac
Escrow Agent shall release to Contractor all securities and interest on deposit le
escrow fees and charges of the Escrow Agent. The escrow shall be clos
immediately upon disbursement of all monies and securities on deposit and paper
of fees and charges.
Escrow agent shall rely on the written notifications from the District and tl
Contractor pursuant to Sections 6 thru 8 and 10, inclusive, of this agreement and t’
District and Contractor shall bold Escrow Agent harmless from Escrow Agen
release and disbursement of the securities and interest as set forth in Section 6 th
8 and 10.
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Escrow Agreement
Surety Deposit
Lieu of Retent
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The names of the persons who are authorized to give written notice or to receivc
written notice on behalf of the District and on behalf of Contractor in connectio
with the foregoing, and exemplars of their respective signatures are as follows:
For District: Title
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Name
Signature
Address
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For Contractor: Title
Name
Signature
Address I For Escrow Agent: Title
rs(, Signature 1 Address
Name
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Escrow Agreement
Surety Deposit!
Lieu of Retent
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At the time the Escrow Account is opened, the District and Contractor shall deliver to thc
Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their prope
officers on the date first set forth above.
For District: Title
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Name
Signature
Address I For Contractor: Title
Name
Signature 0 Address
I. Name 1 Signature
For Escrow Agent: Title
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Surety Deposib
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RELEASE FORM
THIS FORM SHALL BE SUBMITTED WITH ALL PROGRESS PAYMENTS
NAME OF CONTRACTOR:
PROJECT DESCRIPTION: ROAD 12 INCH WATER MAIN RELOCATION
PERIOD WORK PERFORMED:
The above-named Contractor hereby acknowledges payment in full for all compensation
whatever nature due the Contractor for all labor and materials furnished and for all wo
performed on the above-referenced project for the period specified above with the exceptic
of contract retention amounts and disputed claims specifically shown below.
RETENTION AMOUNT FOR THIS PERIOD: $
CONSTRUCTION OF THE PALOMAR AIRPORT
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DESCRIPTION OF CLAIM AMOUNT CLAIME
The Contractor further expressly waives and releases any claim the Contractor may have
whatever type or nature, for the period specified which is not shown as a retention amou
of a disputed claim on this form. This release and waiver has been made voluntarily
Contractor without any fraud, duress or undue influence by any person or entity.
Contractor further certifies, warrants, and represents that all bills for labor, materials, a
work due Subcontractors for the specified period have been paid in full and that the parti
signing below on behalf of Contractor have express authority to execute this release.
DATED:
PRINT NAME OF CONTRACTOR
DESCRIBE ENTITY (Partnership, Corporatic I etc.)
By:
Title: 1 By:
Title:
Release Fc
7/7192 RI
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SPECIAL PROVISIONS
I. SUPPLEMENTARY GENERAL PROVISIONS
To STANDARD SPECIFICATIONS
FOR PUBLIC WORKS CONSTRUCTION
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1-1 TERMS 1
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1 To Section 1-1, add:
A. Reference to Drawings
Where words %how," "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.
B. 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
District Engineer," unless stated otherwise.
C. Equals and Approvals:
Where the words "equal," "approved equal," "equivalent," and such words of similar imporl
are used, it shall be understood such words are followed by the expression "in the opinion
of the Engineer," unless otherwise stated. Where the words "approved," "approval,'
"acceptance," or words of similar import are used, it shall be understood that the approval
acceptance, or similar import of the District is intended.
D. Perform and Provide:
The word "perform" shall be understood to mean that the Contractor, at herbis expense
shall perform all operations, labor, tools and equipment., and further, including thr
furnishing and installing of materials that are indicated, specified or required to mean tha
the Contractor, at herbis expense, shall furnish and install the work, complete in place an(
ready to use, including furnishing of necessary labor, materials, tools, equipment, ant
transportation.
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1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency - the Carlsbad Municipal Water District, Carlsbad, California
Engineer - the District Engineer for the Carlsbad Municipal Water District or his approved
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2-4 CON'I'RACI' BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in
the latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraph 3 as follows:
Contractor shall provide two good and sufficient surety bonds. The "Payment Bond"
(Material and Labor Bond) shall be for not less than 50 percent of the contract price to
satisfy claims of material suppliers and of mechanics and laborers employed by contractor I on the project.
Add:
The Payment Bond and the Performance Bond shall be kept in full force and effect by the
Contractor during the course of this project. Both bonds shall extend in full force and
effect and be retained by the District for a period of one (1) year from the date of formal
acceptance of the project by the District. The Warranty Bond shall be kept in full force and
effect by the Contractor to remedy any defects which may develop during a period on one
(1) year from the date of completion and acceptance of the work performed under said
contract provided such defects are caused by defective or inferior materials or workmanship.
Add the following:
All bonds are to be placed with insurers that have a rating in Best's Key Rating Guide oj
at lease A-:V and are authorized to conduct business in the state of California and are listed
in the official publication of the Department of Insurance of the State of California.
2-5 PLANS AND SPECIFICATIONS 8 To Section 2-5.1, General, add:
The specifications for the work include the Standard Plans and Specifications foi
Construction of Water Mains of the Carlsbad Municipal Water District and the Standarc
Specifications for Public Works Construction, (SSPWC), 1991 Edition, and the lates
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supplement, hereinafter designated "SSPWC", as issued by the Southern California Chapter
of the American Public Works Association, and as amended by the Special Provisions
section of this contract.
The Construction Plans consist of 8 sheet(s) designated as Carlsbad Municipal Water
District Drawing No. 88-601 . The standard drawings utilized for this project are the
latest edition of the San Dieno Area Regional Standard Drawings, hereinafter designated
SDRS, as issued by the San Diego County Department of Public Works, together with the
Carlsbad Municipal Water District Supplemental Standard Drawings. Copies of pertinent
standard drawings are enclosed with these documents.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's
direction, the Contractor shall obtain and distribute the necessary copies of such instruction,
including two (2) copies to the District.
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1 2-5.4 Record Drawings:
The Contractor shall provide and keep up-to-date a complete "as-built" record set of
transparent sepias, which shall be corrected daily and show every change from the original
drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this
purpose may be obtained from the City at cost. This set of drawings shall be kept on the
job and shall be used only as a record set and shall be delivered to the Engineer upon
completion of the work.
3-5 DISPUTED WORK D To Section 3-5, Disputed Work, add:
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.2
(commencing with Section 20104) which is set forth below:
ARTICLE 1.5. RESOLUTION OF CONSTRUCTION CLAIMS
6 20104. Application of article; inclusion of article in plans and specifications
(a) (1) This article applies to all public works claims of three hundred seventy-fivc thousand dollars ($375,000) or less which arise between the contractor and a local agency
(2) This article shall not apply to any claims resulting from a contract between a contract0
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and a public agency when the public agency has elected to resolve any disputes pursuant to
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code,
except that "public work" does not include any work or improvement contracted for by the
state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B)
payment of money or damages arising from work done by or on behalf of the contractor
pursuant to the contract for a public work and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of
which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
Q 20104.2. Claims; requirements
For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the
claim. Claims must be filed on or before the date of final payment. Nothing in this
subdivision is intended to extent the time limit or supersede notice requirements otherwise
provided by contract for the filing of claims.
(b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall
respond in writing to any written claim within 45 days of receipt of the claim, or may
request, in writing, within 30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses or claims the local agency may have against the
claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be
submitted to the claimant within 15 days after receipt of the further documentation or
within a period of time no greater than that taken by the claimant in producing the
additional information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three
hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing
to all written claims within 60 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation supporting the claim 01
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relating to defenses or claims the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 30 days after receipt of the further documentation, or
within a period of time no greater than that taken by the claimant in producing the
additional information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to
respond within the time prescribed, the claimant may so notify the local agency, in writing,
either within 15 days of receipt of the local agency’s response or within 15 days of the local
agency’s failure to respond within the time prescribed, respectively, and demand an informal
conference to meet and confer for settlement of the issues in dispute. Upon a demand, the
local agency shall schedule a meet and confer conference within 30 days for settlement of
the dispute.
(e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencingwith Section 900)
and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code. For purposes of those provisions, the running of the period of time
within which a claim must be filed shall be tolled from the time the claimant submits his or
her written claim pursuant to subdivision (a) until the time the claim is denied, including
any period of time utilized by the meet and confer conference.
5 20104.4. Procedures for civil actions filed to resolve claims
The following procedures are established for all civil actions filed to resolve claims subject
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(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings,
the court shall submit the matter to nonbinding mediation unless waived by mutual
stipulation of both parties. The mediation process shall provide for the selection within 15
days by both parties of a disinterested third person as mediator, shall be commenced within
30 days of the submittal, and shall be concluded within 15 days from the commencement
of the mediation unless a time requirement is extended upon a good cause showing to the
court.
(b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code
of Civil Procedure, notwithstanding Section 1131.11 of that code, The Civil Discovery Act
of 1986 (Article 3 [commencing with Section 20161 of Chapter 3 of Title 3 of Part 4 of the
Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration.
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(2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the
Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction
law, and (B) any party appealing an arbitration award who does not obtain a more favorable
judgment shall, in addition to payment of costs and fees under that chapter, also pay the
attorney's fees on appeal of the other party.
(j 20104.6. Payment by local agency of undisputed portion of claim, interest on arbitration
award or judgment
(a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal
rate on any arbitration award or judgment. The interest shall begin to accrue on the date
the suit is filed in a court of law.
4 20'104.8. Duration of article; application of article to contracts between Jan. 1, 1991 and
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(a) This article shall remain is effect only until January 1, 1994, and as of that date is
repealed, unless a later enacted statue, which is enacted before January 1, 1994, deletes or
extends that date.
(b) As stated in subdivision (c) of Section 20104, any contract entered into between January
1, 1991, and January 1, 1994, which is subject to this article shall incorporate this article.
To that end, these contracts shall be subject to this article even if this article is repealed
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4-1 MATERIALS AND WORKMANSHTP
To Section 4- 1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the Engineer or his appointed representative
The Engineer shall have free access to any or all parts of work at any time. Contractoi
shall furnish Engineer with such information as may be necessary to keep herhim fullj
informed regarding progress and manner of work and character of materials. Inspection oj
work shall not relieve Contractor from any obligation to fulfill this Contract.
Modify Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing
materials and/or workmanship where the results of such tests meet or exceed thf
requirements indicated in the Standard Specifications and the Special Provisions. The cos
Spwial Provision
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of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of the materials shall be
approved by him before the delivery is started. All materials proposed for use may be
inspected or tested at any time during their preparation and use. If, after trial, it is found
that sources of supply which have been approved do not furnish a uniform product., or if the
product from any source proves unacceptable at any time, the Contractor shall furnish
approved material from other approved sources. After improper storage, handling or any
other reason shall be rejected.
All backfill and subgrade shall be compacted in accordance with the notes on the plans and
the SSPWC. Compaction tests may be made by the District and all costs for tests that meet
pr exceed the requirements of the specifications shall be borne by the District.
Said tests may be made at any place along the work as deeded necessary by the Engineer.
The costs of any retests made necessary by noncompliance with the specifications shall be
borne by the Contractor.
Add the following section:
P
e 4-1.7 Nonconforming Work
The contractor shall remove and replace any work not conforming to the plans or
specifications upon written order by the Engineer. Any cost caused by reason of this
nonconforming work shall be borne by the Contractor. 1 5-1 LOCATION
Add the following:
The City of Carlsbad and affected utility companies have, by a search of known records.
endeavored to locate and indicate on the Plans, all utilities which exist within the limits oj
the work. However, the accuracy of completeness of the utilities indicated on the Plans iz
not guaranteed.
5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service
connection, desired by the Contractor for his/her own convenience shall be the Contractor’
own responsibility, and he/she shall make all arrangements regarding such work at no cos
to the District. If delays occur due to utilities relocations which were not shown of thc
Plans, it will be solely the District’s option to extend the completion date.
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In order to minimize delays to the Contractor caused by failure of other relocate utilities
which interfere with the construction, the Contractor, upon request to the District, may be
permitted to temporarily omit the portion of work affected by the utility. The portion this
omitted shall be constructed by the Contractor immediately following the relocation of the
utility involved unless otherwise directed by the City.
6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
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1. The prime contractor is required to prepare in advance and submit at the
time of the project preconstruction meeting a detailed critical path method
(CPM) proper schedule. This schedule is subject to the review and approval
of the City.
The schedule shall show a complete sequence of construction activities,
identifying work for the complete project in addition to work requiring
separate stages, as well as any other logically grouped activities. The schedule
shall indicate the early and late start, early and late finish, 50% and 90%
completion, and any other major construction milestones, materials and
equipment manufacture and delivery, logic ties, float dates and duration.
The prime contractor shall revise and resubmit for approval the schedule as
required by City when progress is not in compliance with the original
schedule. The prime contractor shall submit revised project schedules with
each and every application for monthly progress payment identifymg changes
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each item
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule(s) shall enable City, at its sole election, to withhold
up to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by City as to completeness and conformance with the
aforementioned provisions.
No changes shall be made to the construction schedule without prior written
approval of the Engineer. Any progress payments made after the scheduled
completion date shall not constitute a waiver of this paragraph or any
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Special Provisions
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Coordination with the respective utility company for removal or relocation of
conflicting utilities shall be requirements prior to commencement of work by
the Contractor.
6-7 TIME OF COMPLETION
The Contractor shall begin work within ten (10) calendar days after receipt of the "Notice
to Proceed" and shall diligently prosecute the work to completion within forty (40) calendar
days after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and
sunset, from Mondays and Fridays. The contractor shall obtain the approval of the
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of the
Engineer. This written permission must be obtained at least 48 hours prior to such work.
The Contractor shall pay the inspection costs of such work.
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I 6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion'
and any faulty work or materials discovered during the guarantee period shall be repairec
or replace by the Contractor, at his expense.
6-9 LIQUIDATED DAMAGES
Modify this section as follows:
If the completion date is not met, the contractor will be assessed the sum of $ 500 pel
day for each day beyond the completion date as liquidated damages for the delay. An!
progress payments made after the specified completion date shall not constitute a waive]
of this paragraph or of any damages.
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7-3 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have rating in best's Key Rating Guide o
at least A-:V and are authorized to conduct business in the state of California and are listec
in the official publication of the Department of Insurance of the State of California.
Special Provision
7/7/92 RE\ 1.
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7-4 WORKERS’ COMPENSATION INSURANCE
Add the following:
All insurance is to be placed with insurers that are authorized to conduct business in the
state of California and are listed in the official publication of the Department of Insurance
of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
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7-5 PERMITS
Modify the first sentence to read:
The Contractor shall obtain, at no cost to the District, all encroachment, right-of-way,
grading, and building permits necessary to perform work for this contract on District
property, in street, highways (except State highway right-of-way), railways or other rights-of- 1 way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECTS AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days
at the District’s request.
Add the following to Section 7-8:
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1 7-8.8 Noise Control
All internal combustion engines used in the construction shall be equipped with muffler:
in good repair when in use on the project with special attention to City Noise Contro
Ordinance No. 3 109, Carlsbad Municipal Code, Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-10.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the worl
Special Provision
7/7/92 RE\ I.
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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 time, as required by the conditions and progress of the work, all necessary safeguards
for the protection of workers and public, and shall use danger signs warning against hazards
created by such features of construction as protruding nails, hoists, well holes, and falling
materials.
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1 7-13 LAWS To BE OBSERVED
Add the following:
Municipal ordinances which affect this work include Chapter 11.06. Excavation and Grading.
If this notice specifies locations or possible materials, such as borrow pits or gravel beds,
for use in the proposed construction project which would be subject to Section 1601 or
Section 1603 of the Fish and Game Code, such conditions or modifications established
pursuant to Section 1601 of the Fish and Game Code shall become conditions of the
contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
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9-3 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount
of reten tion.
10 SURVEYING
District Engineer will establish a system of surveyed horizontal control points at 50’ stations
throughout the project and at each angle point location. The Contractor shall establish all
intermediate lines and grades through the use of appropriate equipment.
Contractor shall preserve all surveyed control points. All expenses related to replacement
if any, of the preceding which have been disturbed or destroyed by Contractor shall be paic
for by Contractor.
Where bench marks or other permanent markers must be disturbed or removed ir
constructing the Project, carefully preserve item until a reference has been made for it!
relocation, notify the District Engineer in sufficient time for item to be relocated withou
causing delay in the Work, and pay all costs related to such relocation. I
Special Provision
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Notify Engineer well in advance of the date and location of Work, so that the permanent
horizontal control to be furnished by the District Engineer may be established.
The Contractor shall pay double time for survey work that he requests to be done prior to
7:OO a.m. or after 3:OO p.m. Monday through Friday, or on holidays or weekends.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction
under this contract, The Contractor shall contact the appropriate water agency for
requirements. The Contractor shall include the cost of water and meter rental within
appropriate items of the proposal. No separate payment will be made.
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TECHNICAL SPECIFICATIONS
SUPPLEMENTAL PROVISIONS 1
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The work performed under this Contract shall be done in accordance with the Carlsbad
Municipal Water District's Standard Plans and Specifications for construction of water
mains (Revised June 1990.)
1. EARTHWORK (WATER MAINS)
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ADD: to Section A. GENERAL I A-10 DEWATERING:
Where conditions are such that running or standing water occurs in the trench
bottom or the soil in the trench bottom displays a "quick" tendency, the water shall
be removed by pumps and suitable means such as well points or previous underdrain
bedding until the pipe has been installed and the backfill has been placed to a
sufficient height necessary to prevent flotation of the pipeline. Care shall be taken
that any underdrain is of proper gradation and thickness to prevent migration of
material between the underdrain, pipe embedment and native soils in the trench
below and at the sides of the pipe.
PAYMENT:
The cost of dewatering operations, including installation and operation of well poinl
systems, will not be paid for separately but shall be included in and considered pari
of the bid price for completed pipe.
MODIFY SECTION B. MATERIALS AND WORKMANSHIP
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DELETE: B-3.3 COMPACTION: 1 ADD: B-3.3 COMPACTION (MODIFIED):
Compaction shall be in conformance with "Typical Trench Section," Sheet 3 o
Drawings.
POLYVINYL CHLORIDE PIPE (AWWA C900)
A. GENERAL:
The work consists of furnishing all labor, equipment and materials and performin;
all work for pipe installation including removals, excavation, compacted backfill anc
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Technical Speclfication
Special Provision
8/4/92 RE\
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B. SUBMmAIS:
Provide affidavit of compliance with AWWA C900.
Submit copies of the manufacturer required test of the following conducted on
project pipe:
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Quick-burst strength of pipe and couplings. I
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c.
Submit manufacturer's literature on ductile iron fittings including dimensions,
thickness, weight, coating lining and a statement of inspection and compliance with
the acceptance of tests of AWWA C110.
Submit manufacturer's catalog data and descriptive literature on service connection
saddles, corporation stops, pipe plugs, and tracer wire.
C. PRODUCTS:
PIPE AWWAC900
PIPE JOINTS ......... Rubber Ring Bell End or Plain End W/Ring Coupling
PIPECLASS .............................................. 150
FITTINGS .................... Bell and Gasket (Push On) AWWA Clll
Mechanical Joint AWWA C111
Flanged Joint AWWA Clll
INTERIOR LININGS (FITTINGS) Cement Mortar-AWWA C104
BOLTS, WASHERS AND NUTS ....... Carbon Steel-ATSM A307, Grade E
GASKETS Ring, ?4 inch Thick Cloth-Inserted Rubber or Acrylic/Nitrik
CONTRACTOR MAY SUB!jlTlVE DUCTILE IRON PUSH ON FI"GI
CllO OR C153 WITH MIN. WORKING PRESSURE RATINGS OF 250 P.S.I.
GASKETS
Record of additional test after test sample failure.
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EXTERIOR COATING (FITTINGS ......... Asphalt Material-AWWA C151
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Shall be Tyton Style Rubbei .............................. I D. EXECUTION:
DELIVERY AND TEMPORARY STORAGE OF PIPE AT SITE
Ship, store, and place pipe at the installation site by supporting the pipe uniformlj
Stack to a maximum of 4 feet without weight on bells. Cover to protect fron I sunlight.
Technical Specificatior
Special Provisior
8/4/92 RE!
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PIPE SIZE MAXIMUM ALLOWABLE RADIUS
(inches) (feet)
6 225
8 660
10 1,600
12 3,000
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Concrete thrust blocks required at all changes in direction or reduction in size.
Concrete shall be 5-sack mix (2000 psi in 28 days) and conform to the Standard
Specifications for Portland Cement Concrete. Thrust blocks shall completely fill
space between the fittings and the trench wall. At all bends or angles, the concrete
shall not be placed in direct contact with the pipe adjacent to the fittings.
CONNECTION TO EXISTING MAINS
Prior to any work which would interfere with the operation of the existing main, the
Contractor shall have at the site all materials necessary for the orderly and
uninterrupted prosection of the work. Contractor shall arrange with the District and
the District’s Representative for shutdowns and give ample notice of the period for
which the shutdown can be scheduled. The opening and closing of all valves shall
be done by the District’s Representative. Contractor shall obtain an Encroachment
Permit from the District prior to making a connection. (No Fee)
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I FIELD TESTING AND DISINFECTION
Pressure testing to be done in accordance with AWWA C600-87, subsequent to all
backfill and compaction. Disinfection to be done in accordance with AWWA C651-
90. A standard plate count will be required by the District. The bacteriological test
shall be made by a certified laboratory selected by the District.
3. PAVEMENT REPLACEMENT I A. GENERAL:
The work to be done consists of furnishing all labor, equipment and materials
and performing all operations necessary to resurface all trenching as required
herein.
B. PRODUCTS:
A. Asphalt Concrete Type I-C2-AR-4000 conforming to Section 203-6
of the Standard Specifications (Green Book). 1 B. Seal Coat SS-1H Emulsified Asphalt.
C. Aggregate Base Class I1 per Cal-Trans Section 26.1.02 A, Page
25-1, 1988 Edition.
C. EXECUTION:
Saw-cut and remove existing roadway approximately six inches wider than
trench on each side. In all other respects, this work shall conform to Section
Technical Specdications
Special Provisions
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300-1 of the Standard Specificat 'II.
Asphalt concrete shall conform to Section 203-6 of the Standard
Specifications. Asphalt concrete shall be placed per section 302-5 of the
Standard Specifications. A tack coat shall be applied to all existing surfaces
to be covered or paved. A seal coat shall be applied to the finished pavement
at 72 hours after completion at a rate of 0.10 gallons per square yard.
Disposal of concrete and asphalt concrete pavement shall be the sole
responsibility of the Contractor. Replacement shall conform to San Diego
Regional Standard Drawings No. G-24, Type A (as modified by Typical
Trench Section on Sheet 3 of Drawings.)
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I All the material and work specified in this section shall be paid for on a
linear foot or square foot basis as indicated in the Bid Schedule.
4. REPLACE TRAFFIC MARKING AND STRIPING
A. GENERAL:
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The work to be done consists of replacing all striping and traffic markers
removed or damaged during construction. 1. B. PRODUCTS:
Thermoplastic shall not be used,
C. EXECUTION:
AI1 work shall be in conformance with Section 84 "Traffic Stripes and
Pavement Markings" and Section 85 "Pavement Markers" of the State of
California, Department of Transportation, Standard Specifications dated I January 1988.
Application shall consist of two coats of paint.
D. PAYMENT:
All material and work specified in this section shall be paid for on a lump
sum basis as indicated in the Bid Schedule.
Technical Specifications
Special Provisions
8/4/92 REV.
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MODIFIED COMPARABLE
STD. DWG. EXISTING CMWD
NUMBER DESCRIPTION STD. DWG. NO.'S
W6 2" BLOW-OFF MANUAL AIR RELEASE 14
W8 OUTLETS ON D.I. OR STEEL MAIN FOR
1" THRU 2" ASSEMBLIES
1, 2, 13 & 14
W 13 VALVE BOX ASSEMBLY 4
W 15 CONCRETETHRUST BLOCKS FOR NON- 6
W16 GATE VALVE INSTALLATION PVC, DIP, 5
w 19 THRUST BLOCK BEARING AREAS 9
RESTRAINED JOINTS
ACP & STEEL PIPE
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1 . SEE PAGE 19 FOR SOLDERIF SPEC I F I CAT I ON S .
2. SEE PAGE 36 FOR PAINTIN SPECIFICATIONS. (LID).
3. SEE IMPROVEMENT PLAN: FOR ASSEMBLY SIZE.
CX FIP 45' ELL 1 I CC'WELL (SILVER SOLDER). (SILVER SOLDER).
,\\;;\ DENOTES AREA TO BE WRAPPED (SEE PAGE X=\' 19 FOR SPECIFICATIONS).
DESCRIPTION SPEC
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OUTLET ON PVC PRESSURE PIPE.
OUTLET ON CML&C STEEL PIE.
Zn COPPER SERVICE PIPE. ( PlPE 'K' SOFT). 2"ANGLE METER STOP. FORD FV23-777W. JONES J- 1525 F (SLOTTEDIQAE.
2:METER COMPANION I%ANGE. (BRASS NUTS AND BOLTS 1.
AIXWER - 2-M1.P X 2 V2" NSHT W/ 2 V2" CAP. 12"DIA. C.I. VALVE BOX COVER MARKED 'WATER' ALHAMBRA FDRY. NO. A 29612.
EM I 2 OUTLET ON AC RPE. 3
5 6 7 0 EBRASS STREET ELL. 9 IO II CONCREXE COUR (S"X6.1. 12
4 OUTLET ON wcnE IRON PIE.
12 X24"* 10GA.SlEELPlPE (AS PHALT COATED).
CARLSBAD MUNICIPAL WATER DISTRICT
STD. DV W Za BLOW-OFF/ MANUAL AIR RELEASE pREVl.S1ON ]Am W. ~
> ASSEMBLIES OECEMBE
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K. MAIN PVC. MAIN
FOR WATER SERVCE CONNECTION (UP. )
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SECTION B-B
RECLAIMED WATER
I . IN NON- ROAD AREAS PLACE GUARD 2 . SEE DRAWING NO. 22 FOR GATE VAL\
POST NEXT TO V&VE BOX ASSEMBLY EXTENS ION.
AS DIRECTED By THE ENG'NEER*(SEE 3. UPPER SIDE OF LID TO RECEJVE 2 COA' OF PAINT. (STRSPECIFICATION SEC. 05 DRAWING NO. 22).
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REIN FORCING STEEL DETAIL.
TEE (30' VIEW).
VERTICAL BEND.
TEE (SIDE VIEW).
2 . FOR A.C. PIPE, A MIN. 3'-3'To A 6'-6 LENGTH INTO AND OUT OFALL FITT
3 . CONCRETE SHU BE 5 SACK. A MI 3 DAY CURING TIME BEFORE HYDROSTATIC TEST.
4 . SEE DWG'S. NQ 7 & 8 FOR REDUCEF PLUG, 8 BUTERFLY VALVE THRU! BLOCKS.
HORIZONTAL 8 VERTICAL &7\1D.
NOTES :
I . FITTINGS SHU BE DUCTILE IRON FOR D.I.f? 8 PVC.; CAST IRON FOR A.C.F!
(CEMENT LINED SHORT BODY 1.
ITFM ! DFSCRl PTlON m
I 2 PWYETHYLENE WRAP.
3 NQ 4 RUNFORQNG STEEL. 4 I VALVE BOX ASSEMBLY.
5 I FLXRT OR FLXMJGATEVALYE.
CONCRETE THRUST BLOCK ( FOR AREAS SEE DWG. NO. 9)
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CARLSBAD MUNICIPAL WATER DISTRICT STD. D' CONCRETE THRUST BLOCKS W Ri3K3)bJ AppR MfE,
FOR NON-RESTRAINED JOINTS DECEME
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I . SEE PAGE 19 FOR BURIED VALVE AND FLANGE SPECIFICATIONS.
2. SEE OWWING NO. 9 FOR THRUST BLOCK BEARING
REINFORCING STEEL DETAIL.
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(TYPICAL) STEEL PIPE
ITEM DESCRIPTION SPEC I GATE VALVE. 2 POLYETHYLENE WRAP. 3 NO. 4 REINFORCING STEEL.
4 CONCRETE THRUST BLOCK. 5 VALVE BOX ASSEMBLY.
CARLSBAD MUNICIPAL WATER DISTRICT
STD. DM WII GATE VALVE INSTALLATION PVC., DI.P1A.C.P & STEEL PIPE.
REVISTON AFPR ME
DECEMEEf
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Pipe Diameter in Inches
I . BASED ON 225 PSI TEST PRESSURE AND BEAWNG VUE OF DRY SOILS.
2. VUES FROM CURVES AFtE FOR TEES AND DEADENDS, 1.E; STRAIGHT UNE THRU: FOR 900 BEND: 1.4 VUE FROM CURVE. FOR 45' BEND: 0.8 VUE FROM CURVE. FOR 22 V2O BEND z 0.4 V'E FROM CUWE.
THRUST BLOCK BEARING AREAS I*