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CARLSBAD MUNICIPAL WATER DISTRICT
SAN DIEGO COUNTY
CAUFORNIA
CONTRACT DOCUMENTS &
CONSTRUCTION SPECIFICATIONS
FOR
IMPROVEMENT DISTRICT NO. 3
UNIT "C" RESERVOIRS
DECEMBER 1960
BOYLE ENGINEERING
Santa Ana Bakersfield San Diego
CARLSBAD MaNICIPAL WATER DISTRICT
San Diego County, California
CONTRACT DOCDTVIENTS &
CONSTRUCTION SPECIFICATIONS
POR
IMPROVEMENT DISTRICT NO. 3
UNIT "C" RESERVOIRS
DECEMBER, I960
S. C. DltsworthRCE 11046
BOYLE ENGINEERING
Santa Ana Bakersfield San Diego
INDEX
1. Notice to Contractors Inviting Sealed Proposals (Bids)
2. Infonnation for Bidders
3. Form of Proposal or Bid Form
4. Bid Bond
5. Agreement
6. Performance Bond
7. Labor and Material Bond
8. Special Provisions
9. Standard Provisions
10, Detail Specifications
Section I - General Conditions
Section II - Steel Reservoir
Carlsbad MWD ID #3
BE¥0 5527 C
NOTICE INVITING SEALED PROPOSALS (BIDS).
POR THE CONSTRUCTION OP
IMPROVEMENT DISTRICT NO. 3
UNIT "C" RESERVOIRS
for the
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, California
NOTICE IS HEREBY GIVEN that the Board of Directors of the Carlsbad Municipal
Water District invites and will receive sealed proposals (bids) up to the
hour of Jl:--^ on the ^^^^ 7 /f ^/ for furnishing to
said District of all transportation, materials, equipment, labor, services and
supplies necessary to construct and complete for said District said Improve-
ment District No. 3, tTnit "C" Reservoirs, at which time said proposals will be
publicly opened and read aloud at the office of the District located at
2698 State Street, Carlsbad, California. Said bids shall conform to and be
responsive to the contract documents for said work as heretofore approved
by said District and must be accompanied by the security referred to therein.
The Board of Directors of the Carlsbad Municipal Water District reserves the
right to reject any and all bids.
Copies of the contract documents are on file and may be examined in the
office of Boyle Engineering, 4525 Mission Gorge Place, San Diego 20,
California. Copies may be obtained from said office of Boyle Engineering
by deposit of Twenty-five Dollars ($25.00) per set, which deposit will be
refunded if they are returned In good condition within fifteen (I5) days
after the opening of bids.
Carlsbad MWD - ID #3 Notice - 1
BEWO 5527 C
Preference will be made In the award for California-made supplies. Under
the provisions of the California Labor Code, the Board of Directors of the
Carlsbad Municipal Water District has determined the prevailing rate of
wages for the locality in which the work Is to be performed to be as follows
Trade or Occupation Hourly Wage Rate
Air Compressor, Pump or Generator Operator
Boilermaker
Buggymoblle Man
Carpenter
Driller (Core, Diamond or Wagon)
Drivers:
A-Prame or Winch Trucks
Dump Trucks - Water Level Less than 4 Yards
4 Yards but Less than 8 Yards
8 Yards but Less than 12 Yards
12 Yards but Less than l6 Yards
Road Oil Spreader Trucks
Transit Mix Trucks - Under 3 Yards
3 Yards of More
Trucks - Legal Payload Capacity - Less than 6 Tons
Between 6 & 10 Tons
Between 10 Sc 15 Tons
Between 15 & 20 Tons
Water Trucks - Under 2500 Gallons
2500 to 4000 Gallons
4000 Gallons or More
Electrician Journeyman
Equipment Greaser
Heavy Duty Repairman
Heavy Duty Repairman's Helper
Laborer, General or Construction
Motor Patrol Operator (Any Type of Size)
Oiler
Operators and Tenders of Pneumatic and Electric Tools,
Vibrating Machines & Similar Mechanical Tools
Painter
Plumber, Journeyman
Reinforcing Iron Workers
Rubber-Tired Heavy Duty High-Speed Equipment Operator
Skip Loader Operator
Sandblasters
Journeyman Painters
Tarman, Mortarraan and Pot Man
Tractor Operator - Boom Attachments
Tractor Operator - Dragtype Shovel, Bulldozer, Tamper,
Scraper and Push Tractor
Truck Crane Oiler
Truck Greaser and Tlreman
Universal Equipment Operator (Shovel, Back Hoe, Dragline, 4.
Derrick, Derrick Barge Clamshell, Crane, Pile Driver)
Wat chman 2.
$3,
4,
3.
3.
3.
?•
3.
3.
3.
3.
3.
3.
3.
3.
3.
3.
3.
3.
3.
3.
4.
3.
4,
3,
3.
4.
3.
3.
3.
4.
4.
4.
3.
3.
3.
3.
4.
4.
3.
3.
.33
.15
.29
825
.53
.925
.365
395
445
525
,545
605
745
365
395
445
525
425
545
665
35
57
11
33
08
21
33
29
72
33
025
11
57
92
72
27
21
11
57
695
21
88
Carlsbad - BEWO 5527 C notice - 2
FOREMEN: All foremen not herein separately classified shall be paid not
less than $2.00 per day more than the dally rate of the highest classi-
fication over which he has supervision. APPRENTICES may be employed in
conformity with Section 1777-5 of the California Labor Code.
WELDERS: Same wage scale as craft to which welding Is Incidental (except
as otherwise separately classified.)
OVERTIME AND HOLIDAY WORK: Not less than one and on-half (1-1/2) times
the above prevailing rates of wages shall be paid for overtime work and
for work on the following legal holidays: All Sundays, January 1, May 30,
July 4, Labor Day, Thanksgiving Day and December 25, with a modification
as to the enumerated holidays set forth as provided in Section 67OI of the
Government Code.
It shall be mandatory on the Contractor to whom the contract is awarded and
upon any sub-contractor under him to pay not less than the specified rate
to all laborers, workmen, and mechanics employed by them In the performance
of the contract.
Carlsbad MWD - ID #3
BEWO 5527 C Notice - 3
Each bid or proposal shall be made out or submitted on a form to be obtained
at the office of Boyle Engineering and must be accompanied by a cashier's
check, a certified check or a bidder's bond In an amount not less than ten
per cent (10^) of the amount of the bid, made payable to the order of the
CferM)ad Municipal Water District or for the benefit of said District, as the
case may be; and each bid or proposal shall be sealed and filed with the
Secretary of the District at or before the time in this Notice provided Th(>
above mentioned check or bond shall be given as a guarantee that the bidder
will enter Into a contract with the District if awarded the work, and will
be declared forfeited if the successful bidder refuses to enter into said
contract.
The successful bidder will be required to furnish a labor and material bond
in an amount equal to one hundred per cent (lOO^) of the contract price, and
a faithful performance bond in an amount equal to one hundred per cent (100^)
of the contract price, said bonds to be obtained from a surety companv
satisfactory to the District.
All terms and conditions contained in the contract documents shall become a
part of the contract. The Board of Directors of the Carlsbad Municipal Water
District reserves the right to reject any and all bids, and to waive any and
all irregularities 3n any bid. No bidder may withdraw his bid for a period of
thirty (30) days after the time set for the opening thereof.
BY ORDER OP THE BOARD OP DIRECTORS OP THE CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, California.
Dated:
/s/ Richard C..Coe
Secretary
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, Califomia
CARLSBAD MWD - ID #3
BEWO 5527 A-B-C
Notice - 4
4. PROPOSALS:
Bids to receive consideration shall be made in accordance with the
following instructions:
(a) Bids shall be made upon the form of proposal furnished by the
District and a part of the contract documents. All bids shall
be properly executed and with all items filled in; numbers shall
be stated both in writing and in figures; the signatures of all
persons signing shall be in longhand. Erasures, interlineations
or other corrections shall be authenticated by affixing in the
margin immediately opposite the correction the initials of a
person signing the bid. In case words and figures do not agree,
the words shall govern and the figures shall be disregarded. If
the unit price and the total amount named by a bidder for any
item are not in agreement, the unit price alone shall be con-
sidered as representing the bidder's intention, and the totals
shall be corrected by the District's Engineer to conform thereto,
(b) Bids shall not contain any recapitulation of the work to be done.
Alternative proposals will not be considered, except as called for.
No oral, telegraphic or telephonic proposals or modifications will
be considered,
(c) Bids shall be accompanied by a cashier's or a certified check, or
bidder's bond, in an amount not less than ten percent (10%) of the
bid, made payable to, or for the benefit of (as the case may be) the
Carlsbad Municipal Water District. Said check or bond shall be
given as a guarantee that the bidder will enter into a contract if
awarded the work, and in case of refusal or failure to enter into
said contract within seven (7) days after notice of award by the
District in writing, the check and the money represented by said
check shall be forfeited to the Carlsbad Municipal Water District, or
in the event that a bond is deposited, said bond shall be deemed to
be forfeited,
(d) Before submitting a bid, bidders shall carefully examine the Plans,
read the Specifications, read all other contract documents, shall
visit the site of the work,shall fully inform themselves as to all
existing conditions and limitations, and shall include in the bid
a sum to cover the cost of all items included in the contract. No
allowance will be made because of lack of such examination or knowledge,
Carlsbad MWD - ID#3
BEWO 5527 A-B-C Info, for Bidders - 2
(e) Bids shall be sealed in an envelope marked "Bid for Construction
of Improvement District No. 3, Unit 'C- Reservoirs, addressed to the
Secretary of the Carlsbad Municipal Water District and delivered
thereto on or before the day and hour set for the opening of bids
in the Notice Inviting Sealed Proposals, and shall bear the name
of the bidder. It is the SOLE responsibility of the bidder to see
that his bid is delivered and received in proper time. Any bid
received after that scheduled closing time for receipt of bids
shall be returned to the bidder unopened,
(f) The District shall have thirty (30) days after the opening of bids
within which to accept or reject the bids. If no bid is accepted
within said thirty (30) day period, or if the successful bidder
executes and delivers the necessary contract documents to the
District, then the District will return all checks and bonds re-
ceived by it within ten (10) days after the execution of the said
contract or within ten (10) days after being requested to do so.
5, AGREEMENT AND BONDS:
The form of contract which the successful bidder, as Contractor, will be
required to execute is included in the contract documents and should be
carefully examined by the bidder. The agreement, bonds, and other docu-
ments to be executed by the Contractor shall be executed in original-
triplicates stamped according to law, one of which original-triplicates
shall be filed with the District, and the others with the Attorney and
the Engineer for the District.
The successful bidder, simultaneously with the execution of the Agreement,
will be required to furnish a labor and material bond in an amount equal
to one hundred percent (100%) of the contract price and a faithful per-
formance bond in an amount equal to one hundred percent.(100%) of the
contract price; said bonds shall be secured from a surety company satis-
factory to the District and whose name is on file with the County Clerk
of San Diego County as an approved and financially sound surety company,
authorized to transact business in this State,
Said bonds shall meet all of the requirements and contain all of the con-
ditions required by Sections 4200 and 4205, inclusive, of the Government
Code of the State of California,
6, INTERPRETATION OF PLANS AND DOCUMENTS:
If any person contemplating submitting a bid for the proposed contract is
in doubt as to the true meaning of any part of the Plans, Specifications,
Carlsbad MWD - IDff3
BEWO 5527 C Info, Bidders - 3
or other contract documents, or finds discrepancies in, or omissions from
the Plans and Specifications or other contract documents, he may submit
to the Engineer, who prepared said Plans and Specifications for the
District, a written request for an interpretation or correction thereof.
The person submitting the request will be responsible for its prompt
delivery. An interpretation or correction of the proposed documents will
be made only by Addendum duly issued by the Engineer, and a copy of such
Addendum will be mailed or delivered to each person receiving a set of
such documents. The District and the Engineer will not be responsible
for any other explanation or interpretation of the proposed documents,
7. ADDENDA OR BULLETINS:
Any addenda or bulletins issued before the time in which to submit bids
expires, or forming a part of the contract documents furnished to the
bidder for preparation of his bid, shall be covered in the bid and shall
be made a part of the contract.
8. STATE LABOR AND MATERIAL REQUIREMENTS:
Attention is called to the State Labor and Material Requirements, which
form a part of the Contract and/or Specifications.
9. WITHDRAWAL OF BID:
Any bidder may withdraw his bid either personally or by a signed written
request any time prior to the scheduled time for opening of the bids
(but not after,)
10. AWARD OR REJECTION OF BIDS:
The contract will be awarded to the lowest bidder complying with these
instructions and with the Notice Inviting Sealed Proposals, The District,
however, reserves the right to reject any and all bids or to waive any
informality in bids received. If in the judgment of the District a bid
is unbalanced, or if the bidder is not responsible, it shall be considered
sufficient grounds for rejection of the entire bid.
No bidder may withdraw his bid for a period of thirty (30) days after the
time set for the opening of bids. The District will return all proposals
and guarantees within ten (10) days after the execution of the contract
by the successful bidder, or rejection of all bids, or upon receipt of a
written request therefor received thirty (30) days after said bids are
opened, as the case may be, to the respective bidders whose proposals they
accompany.
carisbad MWD - ID»3
BEWO 5527 A-B-C Info, for Bidders - 4
11. BIDDERS INTERESTED IN MORE THAN ONE BID;
No person, firm or corporation shall be allowed to make or file, or be
Interested in more than one bid for the same work, unless alternative
bids are called for. A person, firm or corporation submitting a sub-
proposal to a bidder, or who has quoted prices on material to a bidder,
is not thereby disqualified from submitting a subproposal or quoting
prices to other bidders.
12. ASSIGNMENT OF CONTRACT;
No assignment by the Contractor of the contract to be entered into here-
under or of any part thereof, or of funds to be received thereunder by
the Contractor will be recognized by the District unless such assignment
has had the prior approval of the District, and the Surety has been given
due notice of such assignment in writing and has consented thereto in
writing. Attention is directed to "Subcontracting" of the Standard
Provisions.
13. OTHER REQUIREMENTS:
Before entering into a contract, the bidder to whom the contract has been
awarded shall furnish satisfactory evidence that he has secured for the
period of the contract full workmen's compensation Insurance and public
liability and property damage Insurance, as specified in the Special
Provisions, from a responsible Insurance company authorized to do busi-
ness in California, and such Insurance shall be maintained in full force
and effect at his own expense during the life of the contract.
Before award of the contract, any bidder upon request shall furnish a
recent statement of his financial condition and previous construction
experience or such other evidence of his qualifications, as may be re-
quired by the Board of Directors of the District.
14. TIME FOR COMPLETION;
Bidder's attention is called to Section II of the Special Provisions.
At the expiration of thirty (30) consecutive calendar days from and after
the date of award of the contract, site grading and foundation construc-
tion shall be sufficiently completed to permit the erection of the steel
tank. Grading and foundation construction shall be sufficiently completed
to permit tank erections at each of the other sites as follows:
Site Days After Contract Award
Line "B" 0.1 MG Reservoir 30
Line "B" 1.0 MG Reservoir 45
Line "C" 1.0 MG Reservoir 60
Line "E" 1.5 MG Reservoir 6o
15. PERMITS AND LICENSES:
The Contractor shall procure all permits and licenses except those listed
below:
NO EXCEPTIONS
Carlsbad MWD - ID #3
BEWO 5527 C Ii^fo- for Bidders - 5
The Contractor shall pay all charges and fees In connection with all per-
mits and licenses except those required by the permits Issued by the
following:
NO EXCEPTIONS
The contractor shall give all notices necessary and Incidental to the due
and lawful prosecution of the work and shall comply duly with the terms and
conditions of all permits.
Carlsbad MWD - ID»3 , BEWO 5527 C Info, for Bidders - 6
BID FORM
PROPOSAL TO
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, California
POR
IMPROVEMENT DISTRICT NO. 3
UNIT "C" - RESERVOIRS
Name of Bidder; UlieftgO ftrldge 41 ^tm Co.
Business Address: lU Upt mm §msm Phone No. » Z^ZBb5
Place of Residence:__ -
The site of the work to be constructed and referred to herein is in the County
of San Diego, California.
Said work is to be done in accordance with the Specifications and contract
documents of the Carlsbad Municipal Water District therefor, and as shown on
Plans therefor entitled "Improvement District No. 3, Unit "C" Reservoirs."
TO THE BOARD OP DIRECTORS OP THE CARLSBAD MUNICIPAL WATER DISTRICT;
Pursuant to and In compliance with your Notice Inviting Sealed Proposals
(Bids) and the other documents relating thereto, the undersigned Bidder,
have familiarized himself with the terms of the contract documents, local
conditions affecting the performance of the contract, and the cost of the
work at the place where the work is to be done, hereby proposes and agrees to
perform within the time stipulated in the contract, including all of its com-
ponent parts and everything required to be performed, and to provide and
furnish any and all of the labor, materials, tools, expendable equipment, and
all utilities and transportation services necessary to perform the contract
and complete in a workmanlike manner all of the work required in connection
with the construction of Improvement District No. 3, Unit "C" Reservoirs for
the Carlsbad Municipal Water District, all in strict conformity with the
Plans and Specifications and other contract documents, including Addenda
Nos. - , • , • , and * on file in the Office of the Secretary of
theCarlsbaTlEnlcIpal Water District, for the lump sum price hereinafter
set forth.
The undersigned, as Bidder, declares that the only persons or parties in-
terested In this Proposal as principals are those named herein; that this
Proposal Is made without collusion with any person, firm or corporation;
and he proposes and agrees, if this Proposal is accepted, that he will exe-
cute a contract with the Carlsbad Municipal Water District substantially in
the form of the contract set forth in the contract documents, and that he
will accept In full payment thereof the following lump sum price, to wit:
Carlsbad MWD - ID #3
BEWO 5527 C Bid Form - 1
Project complete, the lump sum of (fee l^g«lyg<t foyty torn thonsiaii
four t^ndbped Qiasty five
^ Dollars
(Price In Words)
(Price in Figures)
Carlsbad MWD - ID #3
BEWO 5527 C Bid Form - 2
As required by the California State Law, the General Contractor bidding will
hereinafter state the Subcontractor who will be the Subcontractor on the job
for each particular trade or subdivision of the work and will state the firm
name and the principal location of the mill, shop or office of each:
DIVISION OF WORK LOCATION OF MILL, SHOP
OR TRADE NAME OF FIRM OR CONTRACTOR OR OFFICE
fl«M fttnting Sjpmm% ft Siaiiv&n Inc. dftPdm» Calif.
ACCOMPANYING THIS PROPOSAL IS Bid BmA
(Insert the words "cash", "bidder's bond", or "certified check", as the case
may be, in an amount equal to at least ten percent (10%) of the total of the
bid, payable to the Carlsbad Municipal Water District.)
The undersigned deposits the above-named security as a proposal guaranty and
agrees that it shall be forfeited to the Carlsbad Municipal Water District as
liquidated damages in case this Proposal is accepted by the said Carlsbad
Municipal Water District, and the undersigned shall fail to contract as afore-
said, and to give the two (2) bonds in the form set forth in the contract
documents of the Carlsbad Municipal Water District in the sums to be determined
as aforesaid, with surety satisfactory to the District within seven (7) days
(not including Sundays) after the bidder has received notice from the District
that the Contract is ready for signature; otherwise said security shall be
returned to the undersigned.
The bidder agrees that he will not withdraw his bid for a period of thirty
(30) days after the time set for the opening thereof.
Carlsbad MWD - ID^3
BEWO 5527 A-B-C Bid Form -
The names of all persons Interested In the foregoing Proposal as principals
are as follows: (IMPORTANT NOTICE - If Bidder or other Interested person
Is a corporation, state legal name of corporation, also names of the presi-
dent, secretary, treasurer and manager thereof; If a co-partnership, state
true name of firm, also names of all individual co-partners composing firm;
if Bidder or other Interested person Is an Individual, state first and last
names in full.)
GorpirAticm « mute of m%mU
fr«t. E. IHlelMMlli —
Sef.
A^^mmm» >
Licensed In accordance with an Act providing for the Registration of Contractors,
License No. ?g75
Signature of Bidder: Qiiemgo Brldya tt lyon Ce.
Contimetiiig a^gin—r
JIM mi* (MikB lisfmm
Dated:
NOTE: If Bidder is a corporation, the legal name of the corporation shall be
set forth above, together with the signature of the officer or officers
authorized to sign contracts on behalf of the corporation; If Bidder Is a
co-partnership, the true name of the firm shall be set forth above, together
with the signature of the partner or partners authorized to sign contracts
in behalf of the co-partnership; and if the Bidder Is an individual, his
signature shall be placed above.
Carlsbad MWD - ID»3
BEWO 5527 A-B-C ^orm -
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we (M^o BPtltif it JjPon gcppmy
mm^mv^ln^^^*'-»^nKmw§MHKKWM Principal, and
W%(9»ml Immmme Comm ^ » «s Surety,
are held and firmly bound unto the Carlsbad Municipal Water District, herein-
after called the District in the penal sum of fwi wmmt (lOfI of wmmt hU
Dollars ($ ), lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by
these presents.
The condition of this obligation is such that whereas the Principal has sub-
mitted the accompanying bid dated 7 — . , 1V_M^,
for construction of Improvement District No. 3, Unit 'C- Reservoirs, for the
Carlsbad Municipal Water District, San Diego County, California.
NOW THEREFORE, if the Principal shall not withdraw said bid within thirty
(30) days after the opening of same, and shall within seven (7) days after
the prescribed forms are presented to him for signature enter into a written
contract with the District in accordance with the bid as accepted, and if the
Principal shall give the required bonds with good and sufficient sureties, or
sureties for the faithful performance and proper fulfillment of such contract
and for the protection of laborers and materialmen, or in the event of the
withdrawal of said bidwilliin the periods specified, or the failure to enter in-
to said contract, and give such bonds within the time specified if the
Principal shall within sixty (60) days after request by the District pay the
District the difference between the amount specified in said bid and the
amount for which the District may procure the required work and/or supplies,
if the latter amount be in excess of the former; then the above obligation
shall be void and of no effect, otherwise to remain In full force and virtue.
IN WITNESS WHEREOF the above-bounden parties have executed this instrument
under their several seals this 7^^ ^ay of , 19_i]L, the
name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority
of its governing body.
Carlsbad MWD - ID»3 ^ ^
BEWO 5527 C
Two Witnesses (ifxioutibdatai)
18 f I CB^JP^^^HII
Caiiejgo Bri€g» It tsem Co,
(Principal)
By E. S> WM$m iBlB^l
Title CtaitMiattag Ewgtoe#p
ATTEST: (If corporation)
Title
Corporate Seal
Wtt^mml tmwmm% Cmpm
Atfeogiiiy*lJi*llM8t
Surety
Bjr.
Title
ATTEST:
Title
Corporate Seal
Carlsbad MWD - ID»3
BEWO 5527 A-B-C Bid Bond - 2
AGREEMENT
THIS AGREEMENT, made and entered Into by and between the Carlsbad Municipal
Water District, a municipal water district organized and existing under the
Municipal Water District Act of 1911, as amended, of San Diego County in the
State of California, hereinafter referred to as the "District", and
CHICAGO BRiDGE & IRON CO.
a corporation organized and existing under the laws of the State of
Jcufioai s , a partnership rnneicting-o^ _
, or on Individual trading as
, of the City of
f^'^c'T// P^s/9PB/UA » County of ios i^^Cr^.^/TS
State of nqf fr..^::rr^ hereinafter referred to as the "Contractor",
WITNESSETH: That the District and the Contractor, for the consideration here-
inafter named, agree as follows:
(1) SCOPE QF WORK: The Contractor will furnish all materials and
will perform all of the work for the following:
Construction and completion of Improvement District
No. 3, Unit 'C- Reservoirs, of the Carlsbad Muni-
cipal Water District in accordance with the Plans
and Specifications and other contract documents
therefor,
(2) TIME QF COMPLETION: The work shall be commenced within seventeen
(17) consecutive calendar days from and after the date of award of
the Contract and shall be completed within:
ONE HUNDRED AND THIRTY (130>
consecutive calendar days
from and after said date of award.
Carlsbad MWD - ID#3
BEWO 5527 C Agreement - 1
(3) THE CONTRACT SUM; The District will pay the Contractor in current
funds In accordance with the price shown In the Bid Form.
(4) PROGRESS PAYMENTS: Monthly progress payments will be made in accor-
dance with Section VII of the Standard Provisions.
The final payment of ten percent (10%) for value of the work done
under this contract, if unencumbered, shall be made thirty-five
(35) days after the acceptance of the completed contract by the
District. The acceptance will be made only by an action of the
Board of Directors of the District In session.
The acceptance by the Contractor of said final payment shall constl
tute a waiver of all claims against the District arising under this
contract.
(5) CONTRACT DOCUMENTS; The complete contract Includes all of the
contract documents set forth herein, to wit: The Notice Inviting
Sealed Proposals (Bids), Information for Bidders, Bid Form, Bid
Bond, this Agreement, Performance Bond, Labor and Material Bond,
Special Provisions, Standard Provisions, and Plans and Detail
Specifications and Addenda thereto.
Carlsbad MWD - ID»3
BEWO 5527 B-C Agreement - 2
IN WITNESS WHEREOF, this Agreement Is executed by the President and the
Secretary of said District, pursuant to Resolution No. / 3 of Its
Board of Directors authorizing the same, and the Contractor has caused
this Agreement to be executed.
Dated; MAPau J3 , 19
Dated:
CHICAGO BRIDGE & IRON CO.
(Contractor)
By ^--^^^^g^v^^
(Official Title)
(SEAL)
., 19;^ CARr..9RAn MUNTCTPAr. WATER DISTRICT
(Secretary)
(SEAL)
Carlsbad MWD - ID#3
BEWO 5527 A-B-C Agreement - 3
CORPORATE CERTIFICATE
I, , certify that I am the
Secretary of the corporation named as Contractor In the foregoing contract;
that , who signed said contract on behalf of the
Contractor was then , of said corporation; that
said contract was duly signed for and In behalf of said corporation by
authority of Its governing body and ts within the scope of Its corporate
powers.
(Corporate Seal)
APPROVED AS TO FORM:
(Attorney for the District)
Carlsbad MWD - 10*3
BEWO 5527 A-B-C Agreement - 4
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the Board of Directors of the Carlsbad Municipal Water Dis-
trict by Resolution duly and regularly passed on the 77^ day of
, 19ii, has awarded toCf f ^ytyjJ^.R^ J^^^ ^ -P/^A^^ "
hereinafter designated as the "Principal", a contract for the construction of
Improvement District No. 3, Unit 'C-Reservoirs, for the Carlsbad Municipal
Water District, San Diego County, California, and
WHEREAS, said Principal is required under the terms of said contract
to furnish a bond for the faithful performance of said contract,
NOW, THEREFORE, v^, the Principal and Federal Insurance Compapy
as Surety, are held firmly bound unto the Carlsbad Muni-
cipal, Water, Disfrict,lierei;iafter called the ^Obligee", in the penal sum of
^yCr^^ ^4.r^Mr^ - Dollars i^l±L±l^)
lawful money of the United States of America, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, admini-
strators and successors, jointly and severally and firmly by these presents.
THE CONDITION QF THIS OBLIGATION IS SUCH that if the above-bounden
Principal, his or its heirs, executors, administrators, successors, or assigns
shall in all things stand to and abide by, and well and truly keep and perform
the covenants, conditions, and agreements in the said contract, and any
alteration thereof made as therein provided, on his or their part to be kept
and performed at the time and in the manner therein specifled, and in all
respects according to their true intent and meaning, and shall indemnify and
Carlsbad MWD - ID»3 ^ n ^ i BEWO 5527 C Performance Bond - 1
save harmless the Obligee, Its officers and agents, as therein stipulated,
this obligation shall become null and void; otherwise, it shall be and remain In
full force and virtue. And the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed there-
under, or the specifications accompanying the same, shall in any way affect
Its obligation on this bond, and it does thereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract,
or to the work or to the specifications; and said Surety agrees that in case
suit Is brought on this bond, Surety will pay District's reasonable Attorney's
fees to be fixed by the court.
IN WITNESS WHEREOF, four (4) identical counterparts of this Instru-
ment, each of which shall for all purposes be deemed an original hereof, have
been duly executed by the Principal and Surety above named on the
day of 'n^aA^^dt^. 190/ .
i (Principal) ' (J
(Attach Acknowledgment)
APPROVED AS TO FORM:
Carlsbad MWD - ID»3
BEWO 5527 A-B-C
Federal Insurance Company
(Surety)
(Attofney-in-Fact)
THE PREMIUM
Ch
Performance Bond - 2
ACKNOWLEDGMENT OF ANNEXED INSTRUMENT
STATE OP CALIFORNIA
COUNTY OP LQjs...ljag-ele..§.
^ ss.:
^ .iP-ii^day of. .M.§.?.£.^. in the year one thousand nine hundred and
, , Florence Graeszel ^ a Notary Public in and for the
before me, •
County of Angele S _ residing therem, duly commissioned and swom, personally appeared
known to me to be the....AtMrnez-ifcEa c t
of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument, and also known to me
to be the person........ who executed the within instrument on behalf of the Corporation therein named and acknowledged
to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official in the County of
the day and year in this certificate first above ^SOTtten.
My Commission expires. Sept. 19, 1964
Notary PubU6 in and for thewounty of
State of Califomia
PRINTED IN U. S. A.
LABOR AND MATERIAL BOND
KNOW ALT. MEN BY THESE PRESENTS, that
WHEREAS, the Board of Directors of the Carlsbad Municipal Water Dis-
trict by Resolution passed on the Ifh day of , 196/, has
awarded to 0 (I i ^. ^P^Aj ^ 0 ^J^X/^//VKy^,-K^J > hereinafter
designated as the "Principal", a contract for the construction of Improvement
District No. 3, Unit 'C- Reservoirs, for the Carlsbad Municipal Water District,
San Diego County, California, and
WHEREAS, said Principal is required to furnish a bond in connection
with said contract providing that if said Principal or any of his subcontrac-
tors shall fall to pay for any materials, provisions, provender, or other
supplies, or teams used in, upon, for, or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, or
for amounts due under the Unemployment Insurance Act, the Surety on this bond
will pay the same to the extent hereinafter set forth:
, „ . . 1 ^ federal Insurance Gocspapy NOW THEREFORE, we, the Principal, and
^ . «^ surety, are
^^^Municipal Water District in the penal sii/'oi^^^T*^^^^ - ^onars^
($/¥^> ¥ ycTff lawful money of the United States of America, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his
or its subcontractors, heirs, executors, administrators, successors, or assigns
shall fail to pay for any materials, provisions, provender or other supplies or
teams used in, upon, for or about the performance of the work contracted to be
Carlsbad MWD - IDff3 . , „ ^ i BEWO 5527 C Labor and Material Bond - 1
done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act as required by the provisions of Section 4200-4208,
inclusive, of the Government Code, then said Surety will pay the same in or to
an amount not exceeding the amount hereinabove set forth, and also will pay,
in case suit is brought upon this bond, such reasonable attorney's fees as shall
be fixed by the court, awarded and taxed as in the above-mentioned statute provided.
This bond shall inure to the benefit of any and all persons, companies,
and corporations entitled to file claims under Section 1192.1 of the California
Code of Civil Procedure, so as to give a right of action to them or their assigns
in any suit brought upon this bond, and the said Surety, for value received,
hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract, or the work to be performed thereunder, or
the specifications accompanying the same, shall in any ways affect its obligation
on this bond, and it does hereby waive notice of any such change, extension of
time, alteration, or addition to the terms of the contract, or to the work or to
the specifications,
IN WITNESS WHEREOF four (4) identical counterparts of this instrument,
each of which shall for all purposes be deemed an original thereof, have been
duly executed by the Principal and Surety above named on the /Oj^ttc day of
3(Principal)^
TK^ PREMIUM CHARGED
for this bond is included in
charge for Perlormanc® Bond
(Attach Acknowledgment)
APPROVED AS TO FORM
Federal Insurance Conapany
(Surety)
(Attorney for the Dist]
Carlsbad MWD - ID#3
BEWO 5527 A-B-C
(Attorney - in - Fact)
Labor and Material Bond - 2
61
ACKNOWLEDGMENT OF ANNEXED INSTRUMENT
STATE OF CALIFORNIA 1 ss.:
COUNTY OF I*as...An&file.a )
1 01h ^ f Mar C tl in the year one thousand nine hundred and
on : . a NoUryPubHcta««if««»
County 01 .......Uj« g^^^^ .....known to me to be the hX,.Ti.QI.US^....*.
'rJZ'i^^T^'Aill^'cO^'l^^e Corporation that executed the within instrument, «>d known to me
rr^r!Tree"!riI:hinin.Inent^^
to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of
LiTl?£eli71^Li;;......the day and year in this certificate first ab^written.
My Commission expires.
Sept. 19, 1964
""^^^^^^^^^^^^^tMyPubiic^ County of
Los Ana^es state of Califomia
PRINTED IN U. S. A.
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, California
UNIT
RESERVOIRS
IMPROVEMENT DISTRICT NO. 3
SPECIAL PROVISIONS
SECTION I - DEFINITIONS AND TERMS
Whenever the following terms, or pronouns are used in their stead, occur in
the contract documents, the intent and meaning shall be interpreted as follows:
(a) District - The Carlsbad Municipal Water District, San Diego County,
California.
(b) Engineer - Boyle Engineering 4525 Mission Gorge Place, San Diego 20,
California.
(c) District's Representative - The person, or engineering firm
appointed by the Board of Directors of the District to supervise
the project and represent the District.
(d) Contract - The regular agreement executed between the District and
the Contractor, covering the perform&nce of the work and the fur-
nishing of labor and materials in the construction of the work,
(e) Contractor - The person, firm, or corporation entering into contract
with the District for the performance of work required by the con-
tract, and the legal representative of said party, or the agent
appointed to act for said party in the performance of the work.
(f) Subcontractor - The person, firm, or corporation supplying the labor,
or labor and materials at the site of the work as a part of the
Contractor's obligation under the contract,
(g) Bidder - Any Individual, firm, or corporation submitting a proposal
for the work contemplated, acting directly or through a duly
authorized representative.
(h) Accepted Bid - The bid or proposal accepted by the Board of Directors
of the Carlsbad Municipal Water District.
(1) Plans - The official plans, profiles, typical cross-sections, working
drawings, detail drawings and supplemental drawings, or exact
Carlsbad MWD - 10^3 . , r, • . i BEWO 5527 C Special Provisions - 1
reproductions thereof, approved by the Engineer, which show the
locations, character, dimensions, and details of the work to be
done.
(j) Specifications - The directions, provisions and requirements per-
taining to the method and manner of performing the work, and to
the qualities and quantities of materials to be furnished under
the contract,
(k) Project, the Work - The entire public improvement proposed by the
District to be constructed in whole or in part pursuant to the
contract,
(1) Surety - Any person, firm or corporation that executes as surety
the Contractor's performance bond, the Contractor's labor and
material bond, or the Contractor's bid bond,
(ra) Laboratory - The laboratory designated by the District's Represen-
tative and/or District to test materials and work Involved in the
contract,
(n) Whenever in the Specifications or upon the plans, the words directed,
required, permitted, ordered, designated, prescribed, or words of
like Import are used, it shall be understood that the directions,
requirements, permission, order, designation, or prescription of
the District's Representative is intended and similarly the words
approved, acceptable, satisfactory, or words of like import, shall
mean approved by, or acceptable to, or satisfactory to the District s
Representative, unless otherwise expressly stated,
SECTION II - TIME FQR COMPLETION - EXTENSION OF TIME
The work shall be coimnenced within seventeen (17) consecutive calendar days
from and after the date of award of the contract by the Carlsbad Municipal Water
District, and it shall be completed within
ONE HUNDRED AND THIRTY (130) DAYS
consecutive calendar days
from and after said date of award.
If the work is not completed in accordance with the foregoing, it Is mutually
agreed that the District will suffer damage, and it being mutually agreed that
it is impractical and infeasible to determine the amount of actual damage, it
is agreed that the Contractor shall pay to the District, as fixed and liquidated
damages and not as a penalty, the sum of Two Hundred Dollars ($200) for each
and every calendar day of delay; and the Contractor and his surety shall be
liable for the amount thereof, provided that the Contractor shall not be
Carlsbad MWD - ID»3 . , „ . • o BEWO 5527 C Special Provisions - 2
charged liquidated damages because of any delays In the completion of the work
due to unforeseenable causes beyond the control and without the fault or negli-
gence of the Contractor (Including but not restricted to acts of God, or of
the public enemy, acts of the Government, acts of the District, or acts of
another contractor In the performance of a contract with the District, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and
unusually severe weather, or delays of subcontractors due to such causes,)
The Contractor shall within ten (10) days from the beginning of any such delay
(unless the District shall grant a further period of time prior to the date of
final settlement of the contract) notify the District in writing of the cause
of delay, whereupon the district shall ascertain the facts and extent of the
delay and extend the time for completing the work If In its judgment the findings
of fact justify such an extension, and Its findings of fact thereon shall be
final and conclusive on the parties hereto,
SECTION III - CONTRACT SECURITY
Contractor shall furnish a surety bond in an amount of one hundred percent (100%)
of the contract price, as security for the faithful performance of this contract,
and shall furnish a separate bond In an amount at least equal to one hundred
percent (100%) of the contract price as security for the payment of all persons
performing labor and furnishing materials In connection with the contract. The
aforesaid bond or bonds shall be in form satisfactory to the District,
SECTION IV - CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this contract until he has obtained
all Insurance required under this paragraph, and such Insurance has been ap-
proved by the District, nor shall the Contractor allow any Subcontractor to
commence work on his subcontract until all similar Insurance required of the
Subcontractor has been obtained and approved,
(a) Workmen's Compensation Insurance: The Contractor shall take out and
maintain during the life of this contract workmen's compensation
insurance for all of his employees engaged on or at the site of the
project; and in case any of his work is sublet, the Contractor shall
require the Subcontractor similarly to provide workmen's compensation
Insurance for all the latter's employees, unless such employees are
covered by the protection afforded by the workmen's compensation
Insurance carried by the Contractor,
In case any class of employees engaging in hazardous work under this
contract, on or at the site of the project, is not protected under
the Workmen's Compensation Statute, and in case any other class of
employees is not protected under the Workmen's Compensation Statute
for any other reason, the Contractor shall provide and shall cause
Carlsbad MWD - ID #3 , , ^ . . o BEWO 5527 C Special Provisions - 3
each Subcontractor to provide adequate insurance coverage as shall
be satisfactory to the District for the protection of such em-
ployees not otherwise protected,
(b) Public Liability and Property Damage Insurance: The Contractor
shall take out and maintain during the life of this contract such
public liability and property damage insurance as shall protect him
and the District from all claims for personal injury, including ac-
cidental death, as well as from all claims for property damage arising
from operations under this contract. The amounts of such insurance
shall be as hereinafter set forth. In case any of the work under
this contract is to be performed on or at the site of the project
by a Subcontractor, the Contractor shall also take out and maintain
such Contractor's contingent or protective insurance as will protect
him and the District from damage claims arising from the operations
of any subcontractor. The amounts of such insurance shall also be
as hereinafter set forth. If any Subcontractor shall subcontract
any portion of his subcontract, the Contractor shall require him to
take out and maintain such contingent or protective insurance as will
protect such Subcontractor from damage claims arising from operations
of the second Subcontractor, Such contingent or protective insurance
shall be in the same amount as the primary Subcontractor's public
liability and property damage insurance.
As provided above, the Contractor shall take out and maintain public
liability insurance for injuries, including accidental death to any
one person, in an amount not less than One Hundred Thousand Dollars
($100,000) and subject to the same limit for each person; on account
of any one accident in an amount not less than Three Hundred Thousand
Dollars ($300,000); and property damage insurance in an amount not
less than Fifty Thousand Dollars ($50,000); Contractor's contingent
or protective insurance for public liability and property damage in
amounts not less than the respective amounts as noted above. As
provided above, the Contractor shall require all Subcontractors
whether primary or secondary, if any, to take out and maintain public
liability and property damage insurance in amounts hereinbefore set
forth for the Contractor,
(c) Insurance Covering Special Hazards: The following special hazards
shall be covered by rider or riders to the above-mentioned public
liability insurance or protective damage insurance policy or policies
or by special policies of insurance in amounts as follows: auto-
motive and truck, where operated, in amounts as above; material
hoists, where used, in amounts as above,
(d) Proof of Carriage of Insurance and Notice Cancellation: The Con-
tractor shall furnish the District with satisfactory proof of full
Carlsbad MWD - ID#3
BEWO 5527 A-B-C Special Provisions - 4
compliance with all of the insurance requirements herein prior to
execution of the contract. The Contractor shall also furnish the
District a certificate from the carrier that said policies shall
not be cancelled without ten (10) days advance notice in writing
to the District.
SECTION V ~ PERMITS AND LICENSES
The Contractor shall procure all permits and licenses except those listed
below:
NO EXCEPTIONS
The Contractor shall give all notices necessary and incidental to the due and
lawful prosecution of the work and shall comply duly with the terms and con-
ditions of all permits.
The Contractor shall pay all charges and fees in connection with all permits
and licenses except those required by the permits Issued by the following:
NO EXCEPTIONS
SECTION VI - RIGHTS OF WAY
The right of way for the work to be constructed will be provided by the Dis-
trict. The Contractor shall make his own arrangements and pay all expenses
for additional area required by him outside of the limits of such rights of
way.
Carlsbad MWD - ID #3
BEWO 5527 C Special Provisions - 5
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, California
MIT "C" RESERVOIRS
for
IMPROVEMENT DISTRICT NO. 3
STANDARD PROVISIONS
SECTION I - AWARD AND EXECUTION OF CONTRACT
A. Award of Contract or Rejection of Bids: The award of the Contract, if
it be awarded, will be to the lowest bidder complying with the instruc-
tions contained in the contract documents. The District, however, reserves
the right to reject any and all bids or to waive any informality in
bids received. If in the judgment of the District, a bid is unbalanced,
or if the bidder is not responsible, it shall be considered sufficient
grounds for rejection of the entire bid.
The award, if made, will be made within thirty (50) days after the opening
of the proposals and no bidder may withdraw his bid for a period of thirty
(30) days after the time set for the opening of bids. The District will
return all proposals and guarantees within ten (10) days after the execu-
tion of the Contract by the successful bidder, or rejection of all bids,
or upon receipt of a written request therefor received thirty (30) days
after said bids are opened, as the case may be, to the respective bidders
whose proposals they accompany.
Contract Bonds: The successful bidder, simultaneously with the execution
of the Agreement will be required to furnish a labor and material bond
in an amount equal to one hundred percent (100^) of the contract price
and a faithful performance bond in an amount equal to one hundred percent
(100^) of the contract price; said bonds shall be secured from a surety
company satisfactory to the District and whose name is on file with the
County Clerk of San Diego County as an approved and financially sound
surety company, authorized to transact business in this State. Said
bonds shall meet all of the requirements and contain all of the con-
ditions required by Section 4200 and 4205, inclusive, of the Government
Code of the State of California.
C, Insurance Requirements; The successful bidder shall furnish the District
satisfactory proof of full compliance with all of the insurance require-
ments prior to execution of the Contract.
D, Execution of Contract: The Contract shall be signed by the successful
bidder and returned to the District, together with the contract bonds
and proof of insurance coverage, within seven (7) days, not including
Sundays, after the bidder has received notice from the District that
the Contract is ready for signature. The agreement, bonds, and other
documents to be executed by the contractor shall be executed in original-
triplicates stamped according to law, one of which original-triplicates
shall be filed with the Secretary of the Carlsbad Municipal Water District,
and the others with the Attorney and the Engineer for the Carlsbad
Municipal Water District.
Carlsbad MWD - ID #3 Standard Provisions - 1
BEWO 5527 C
SECTION II - SCOPE OF WORK
A. Work to be Done: The work to be done consists of furnishing all labor,
materials, methods or processes, implements, tools, and machinery which
are required for or appurtenant to, the construction and completion of
the entire project designated in the contract, and to leave the grounds
in a neat condition.
B. Extra, Additional or Omitted Work; The District upon proper action by
its Board of Directors may require changes in, additions to or deductions
from the work to be performed or to the materials to be furnished pur-
suant to the provisions of this agreement or any other contract document.
Adjustment, if any, in the amounts to be paid to the contractor, by
reason of any such change, addition or deduction, shall be determined
by one or more of the following methods;
By an acceptable lump sum proposal from the contractor.
By unit prices contained in the contractor's original bid and incorpor-
ated in the contract documents or fixed by subsequent agreement between
the District and the Contractor.
By ordering the Contractor to proceed with the work and to keep and
present in such form as the District may direct, a correct amount of
the cost of the change, together with all vouchers therefor. The cost
may include allowance for overhead and profit not to exceed fifteen
percent (15J^) of the net cost.
No extra work shall be performed or change made unless in pursuance of a
written order from the District stating that the extra work or change
is authorized, and setting forth the basis upon which payment therefor
is to be made, and no claim for an addition to the contract sum shall
be valid unless so ordered, provided, however, that nothing in this
article shall excuse the contractor from proceeding with the prosecution
of the work so changed. The Contractor shall, when required by the
District, furnish an Itemized breakdown of the quantities and prices used
in computing the value of any change that might be ordered.
The District's Representative may authorize extra work for single change
orders not exceeding $500.00 and up to an aggregate sum of $5,000.00
for the total contract,
C. Removal of Obstructions: The Contractor shall remove and dispose of all
structures, debris or other obstructions of any character to the con-
struction of the work. Where such obstructions consist of improvements
not required by law to be removed by the owner thereof, all such improve-
ments shall be removed, maintained and permanently replaced by the con-
tractor at his expense.
Carlsbad MWD - ID #3 Standard Provisions - 2
BEWO 5527 C
(d) Public Utilities: In case It should be necessary to move the property
of any owner of a public utility or franchise, the cost of which,
because of the terms of any franchise or for any other reason, must be
borne by the owner thereof, such owner shall upon proper application
by the contractor be notified by the District's Representative to move
such property within a specified reasonable time, and the contractor
shall not interfere with said property until after the expiration of
the time specified.
In case it should be necessary to move or temporarily maintain the pro-
perty of any public utility or any other property, the cost Cf which is
not required to be borne by the owner thereof, the contractor shall
bear all expenses incident to the removal or temporary maintenance of
such property in a manner satisfactory to the owner thereof; it being
understood that in such cases the owner has the option of doing such
work with his own forces, or permitting the work to be done by the
contractor.
The right is reserved to the State, County or District and to owners of
public utilities and franchises to enter at any time upon any street,
alley, right of way or easement for the purpose of making changes in
their property made necessary by the work, for the purpose of maintain-
ing and making repairs to their property.
(e) Final Clean-Up: Upon completion and before making application for
acceptance of the work, the contractor shall clean all rights of way,
streets, borrow pits, and all other grounds occupied by him in connec-
tion with the work of all rubbish, excess materials, temporary struc-
tures and equipment, and all parts of the work shall be left in a neat
and presentable condition.
SECTION III - CONTROL OF THE WORK
(a) Authority of the District*s Representative: The District's Repre-
sentatlve shall have general supervision and direction of the work and
may be represented on the work by duly authorized assistants. This
District's representative shall decide any and all questions which
may arise as to the quality or acceptability of materials furnished
and work performed, and as to the manner of performance and rate of
progress of the work; all questions as to the interpretation of the
Plans and Specifications and all questions as to the acceptable ful-
fillment of the Contract on the part of the contractor.
Plans: The approved Plans shall be supplemented by such working
drawings as are necessary to control the work adequately. All such
drawings shall be consistent with the contract documents, true devel-
opments thereof, and reasonably Inferable therefrom. All such drawings
delivered to the contractor shall be deemed written instructions to the
contractor.
The District will furnish to the contractor, free of charge, all copies
of drawings and specifications reasonably necessary for the execution
of the work. The contractor shall keep one set of drawings and spec-
ifications in good order available to the District's representative
and to his representatives at the site of the work.
Carlsbad, MWD - BEWO 5527 A-B-C Standard Provisions - 3
The plans for the work shall show conditions as they are supposed or
believed by the Engineer to exist; but it is not Intended or to be
Inferred that the conditions as shown thereon constitute a represen-
tation by the District or its officers that such conditions are actually
existent, nor shall the District, any of its officers, or the Engineer
be liable for any loss sustained by the contractor as a result of any
variance of the conditions as shown on the Plans and the actual condi-
tions revealed during the progress of the work, or otherwise.
(c) Conformity with Plans and Allowable Deviations: Finished surfaces in
all cases shall conform with the lines, elevations, grades, cross sections,
and dimensions shown on the approved Plans, or if no specific elevations
are shown on the plans, the elevations and grades furnished by the
District's representative shall govern.
(d) Coordination of Plans and Specifications: Should it appear that the
work to be done or any of the matters relative thereto are not suffi-
ciently detailed or explained in the specifications or on the plans,
the contractor shall apply to the District's representative for such
further explanations as may be necessary and shall conform to them as
part of the contract, so far as may be consistent with the original
specifications; and in the event of any doubt or question arising re-
specting the true meaning of the specifications, reference shall be
made to the District's representative, whose decision thereon shall be
final.
In the event of any discrepancy between any drawing and the figures
written thereon, the figures shall be taken as correct.
(f) Supervision by Contractor: The contractor shall give efficient super-
vision to the work, using his best skill and attention. Unless person-
ally present on the premises where the work is done, the contractor
shall designate and keep an agent or representative on the work at all
times during its progress, and any written or verbal directions or
requests of the District's representative delivered to such represen-
tative shall have the same force and effect as if delivered to the con-
tractor personally.
(g) Reference Points: The Engineer shall establish all reference points
and survey all lines and grades necessary for the execution of the
work. The contractor shall carefully preserve all reference points,
bench marks and other survey points and, in case of willful or care-
less destruction, he shall be liable for and charged with the cost of
their replacement, and of any expense resulting from their unnecessary
loss or disturbance. Such surveys shall constitute instructions from
the Engineer, and the contractor shall not proceed with the work until
he has made timely demand upon the Engineer for such surveys, and until
all necessary points, lines and grades have been established,
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 4
(h) Inspection: The District's Representative shall at all times have
access to the work during construction and shall be furnished with
every reasonable facility for ascertaining full knowledge respecting
the progress, workmanship and character of materials used and em-
ployed in the work.
Whenever the contractor varies the period during which work is carried
on each day, he shall give due notice to the District's Representative
so that proper inspection may be provided. Any work done in the ab-
sence of the District's Representative will be subject to rejection.
No materials shall be Installed until approved by the District's Re-
presentative or his representative. All installations which are to
be backfilled shall be Inspected and approved by the District's Re-
presentative prior to backfilling and the contractor shall give due
notice in advance of backfilling to the District's Representative so
that proper inspection may be provided.
The inspection of the work shall not relieve the contractor of any of
his obligations to fulfill the contract as prescribed. Defective work
shall be made good, and unsuitable materials may be rejected notwith-
standing the fact that such defective work and unsuitable materials
have been previously overlooked by the District's Representative and
accepted.
(i) Removal of Defective and Unauthorized Work: All work which has been
rejected shall be remedied, or removed and replaced by the contractor
in an acceptable manner and no compensation will be allowed him for
such removal or replacement. Any work done beyond the lines and grades
shown on the plans or established by the District's Representative, or
any extra work done without written authority, will be considered as
unauthorized and will not be paid for. Work so done may be ordered
removed at the contractor's expense. Upon failure on the part of the
contractor to comply promptly with any order of the District's Repre-
sentative made under the provisions of this Article, the District's
Representative shall have authority to cause defective work to be re-
medied or removed and replaced, and unauthorized work to be removed,
and to deduct the costs from any monies due or to become due the
contractor.
(J) Temporary Suspension of Work: The District's Representative shall
have the authority to suspend the work wholly or In part for such time
as he may deem necessary due to the failure on the part of the contractor
to carry out orders given, or to perform any provisions of the contract.
The contractor shall Immediately comply with the written order of the
District's Representative to suspend the work wholly or In part. The
work shall be resumed when methods or defective work are corrected as
ordered or approved in writing by the District's Representative.
In the event that a suspension of work is ordered as provided above,
such suspension of work shall not relieve the contractor of his respon-
sibility to complete the work within the time limit set forth in Sec-
tion II of the Special Provisions, and shall not be considered cause
for extension of the time for completion, and further, such suspension
of work shall not entitle the contractor to any additional compensation.
Carlsbad MWD - 5527 A-B-C Standard Provisions - 5
(k) Errors or Discrepancies Noted by Contractor: If the contractor, either
before commencing work or in the course of the work, finds any dis-
crepancy between the Specifications and the drawings, or between either
and the physical conditions at the site of the work, or finds any
error or omission in any of the drawings or in any survey, he shall
promptly notify the District's representative in writing of such dis-
crepancy, error or omission. If the contractor observes that any
drawings or specifications are at variance with any applicable law,
ordinance, regulation, order or decree, he shall promptly notify the
District's representative in writing of such conflict.
The District's representative, on receipt of any such notice, shall
promptly investigate the circumstances and give appropriate instruc-
tions to the contractor. Until such Instructions are given, any work
done by the contractor, either directly or Indirectly after his dis-
covery of such error, discrepancy or conflict, will be at his own
risk and he shall bear all costs rising therefrom.
(1) Equipment: The contractor must furnish adequate equipment to per-
form properly the work In a workmanlike manner in accordance with
these Specifications. Such equipment must be in a good state of re-
pair and maintained in such state during the progress of the work.
No worn or obsolete equipment shall be used, and in no case shall the
maker's rating of capacity for any equipment be exceeded.
(m) Shop Drawings: The contractor shall at his own expense furnish for
the approval of the Engineer shop drawings for all material and equip-
ment he proposes to use. These shop drawings shall be checked by the
Engineer and returned to the contractor within five (5) working days
of their receipt by the Engineer. All shop drawings shall be submitted
in quadruplicate, accompanied by a letter of transmittal, and shall be
addressed to the Engineer for approval. The letter of transmittal,
shall give a list of the numbers of the drawings submitted. All draw-
ings must be marked with the name of the project and the name of the
Contractor and be numbered consecutively. All drawings must be com-
plete in every respect.
The contractor shall make such corrections as shall be required by
the Engineer and receive the Engineer's stamp of approval before
commencing the work Involved. If the shop drawings show variations
from the contract requirements because of standard shop practices or
other reasons, the contractor shall make specific mention of such
variations in his letter of transmittal in order that (if acceptable)
suitable action may be taken for proper adjustment of the contract;
otherwise, the contractor will not be relieved of the responsibility
for executing the work in accordance with the contract, even though
the shop drawings have been approved. Approval of shop drawings will
be general and shall not relieve the contractor from the responsibility
for proper fitting and construction of the work, nor from furnishing
the material and work required by the contract which may not be Indi-
cated in the shop drawings when approved; neither does it relieve him
from responsibility for errors in shop drawings.
SECTION IV - CONTROL OF MATERIAL
(a) Quality of Materials; All equipment, materials and supplies to be
Incorporated in the work shall be new unless otherwise specified.
.Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 6
Unless otherwise specifically provided for in the specifications, all
workmanship, equipment, material and articles Incorporated in the work
covered by the contract are to be of the best available grade of their
respective kind. Whenever in the specifications any material, process
or article is indicated or specified by grade, patent or proprietary
name, or by name of manufacturer, such specification shall be deemed
to be used for the purpose of facilitating description of the materials,
process or articles desired, and shall be deemed to be followed by the
words "or equal", and the.contractor may offer any material or process
which shall be substantially equal or better in every respect to that
so Indicated or specified; provided, however, that if the material,
process or article offered by the contractor is not, in the opinion
of the Engineer and/or District's representative, substantially equal
or better In every respect to that specified, then the contractor must
furnish the material, process or article specified or one that in the
opinion of the Engineer and/or District's representative is the sub-
stantial equal or better thereof in every respect. In the event that
the contractor furnishes the material, process or article better than
the specified, the difference in cost of such material, process or
article so furnished shall be borne by the contractor.
(b) Samples and Tests: At the option of the District's representative
the source of supply of each of the materials shall be approved by
the District's representative before delivery is started and before
such material is used in the work. Representative preliminary samples
of the character and quality prescribed shall be submitted by the
contractor or producer of all materials to be used in the work for
testing or examination as desired by the District's representative.
All tests of materials furnished by the contractor shall be made in
accordance with commonly recognized standards of national organizations
and such special methods and tests as are prescribed in the Specifi-
cations. The contractor shall furnish such samples of materials as
are requested by the District's representative without charge. No
material shall be used until it has been approved by the District's
representative. Samples will be secured and tested whenever necessary
to determine the quality of material.
(c) Defective Materials: All materials not conforming to the requirements
of the specifications shall be considered as defective and all such
materials, whether in place or not, shall be rejected and shall be
removed immediately from the site of the work unless otherwise permitted
by the District's representative. No rejected material, the defects
of which have been subsequently corrected shall be used until approved
in writing by the District's representative. Upon failure on the part
of the contractor to comply with any order of the District's representa-
tive made under the provisions of this article, the District shall
have authority to remove and replace defective material at the expense
of the contractor.
(d) Storage of Materials: All materials for use in the work shall be
stored by the contractor in such a manner as to prevent damage from
exposure to the elements, admixture of foreign materials or from any
other cause. The contractor shall be entirely responsible for damage
or loss by weather or other causes as to work under the contract.
Carlsbad MWD - 5527 A-B-C Standard Provisions - 7
SECTION V - LEGAL RELATIONS AND RESPONSIBILITY
(a) Laws to be Observed: The contractor shall keep himself fully Informed
of all laws, ordinances, and regulations which in any manner affect
.those engaged or employed in the work, or the materials used in the
work, or which in any way affect the conduct of the work, and of all
such orders and decrees of bodies or tribunals having any Jurisdiction
or authority over the same. If any discrepancy or inconsistency is
discovered in the plans, drawings, specifications, or other contract
documents in relation to any such law, ordinance, regulation, order
or decree, the contractor shall forthwith report the same to the
District's representative in writing. He shall at the time observe
and comply with all such existing and future laws, ordinances, regul-
ations, orders and decrees, and shall protect and indemnify the District,
the Board of Directors, the Engineer, and all of its and their officers
and agents, against any claim or liability arising from or based on
the violation of any such law, ordinance, regulation, order or decree,
whether by himself or his employees.
(1) Hours of Labor - The contractor shall forfeit to the District
Ten Dollars ($10.00) for each workman employed in the execution
of this contract by the contractor or by any subcontractor for
each calendar day during which any workman is required or permitted
to labor more than eight (8) hours in violation of the provisions
of Part 7 of Division 2 of the Labor Code of the State of California.
(2) Allen Labor - The contractor and any subcontractor, agent or
representative shall not employ and shall not cause or allow to
be employed any alien except in cases of extraordinary emergency
caused by fire, flood or danger to life or property. The contractor
and any subcontractor shall forfeit as a penalty to the District
Ten Dollars ($10.00) for each alien employed in the execution of
this contract, for each calendar day, or portion thereof, during
which such alien is permitted or required to labor in violation
of the provisions of Part 7 of Division 2 of the Labor Code of
the State of California.
(3) Prevailing Wage - The contractor shall, as a penalty to the
District, forfeit Ten Dollars ($10.00) for each calendar day
or portion thereof, for each workman paid less than the general
prevailing rate of wages in the locality of the District as set
forth in the Notice inviting Sealed Proposals (Bids). The
specified wage rates are minimum only, and the District will not
consider any claims for additional compensation made by the
contractor, because of payment by the contractor of any wage
rate in excess of the applicable minimum rate.
(if) Apprentices - The minimum wage rates. If any, specified for
apprentices shall apply only to persons working with the tools
of the trade they are learning under the direct supervision of
Journeyman mechanics, except as otherwise required by law. The
number of apprentices in each trade or occupation employed by
the contractor or any subcontractor shall not exceed the number
permitted by the applicable standards of the United States De-
partment of Labor, or in the absence of such standards, the
number permitted under the usual practice prevailing between the
unions and employer's associations of the respective trades or
occupations.
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 8
(5) Domestic Materials - Only such unmanufactured articles, materials
or supplies as have been mined or produced' in the United States
of America, and only such manufactured articles, materials, or
supplies that have been manufactured in the United States of
America substantially from such articles, materials and supplies
shall be employed under this contract in the construction of the
project.
(6) Convict-Made Materials - No materials manufactured or produced
in a penal or correctional institution shall be incorporated in
the project under this contract.
(b) Permits and Licenses; The contractor's attention is directed to the
applicable section of the Special Provisions.
(c) Patents: The contractor shall assume all costs arising from the use
of patented materials, equipment, devices or processes used on or in-
corporated in the work and agrees to indemnify and save harmless the
District, the Board of Directors, and the Engineer and their duly
authorized representatives from all suits of law, or action of every
nature for or on account of the use of any patented materials, equip-
ment, devices, or processes.
(d) Public Convenience and Safety; The Contractor shall so conduct his
operations as to cause the least public obstruction and Inconvenience
to public travel. Convenient access to driveways, houses and
buildings along the line of work shall be maintained and temporary
crossings shall be provided and maintained in good condition. Not
more than one crossing or intersecting street or road shall be closed
at any one time without the approval of the District's representative.
The contractor shall furnish, erect and maintain such fences, barriers,
lights and signs as are necessary to give adequate warning to the
public at all times of any dangerous conditions to be encountered as
a result of the construction work. The contractor shall furnish the
District's representative with the name, address and local telephone
number of the person responsible for the maintenance of barriers,
signs, lights and all other accident prevention devices.
(e) Use of Explosives; When the use of explosives is necessary for the
prosecution of the work, the contractor shall use the utmost care
not to endanger life or property. All explosives shall be stored in
a secure manner in accordance with the provisions of Division XI of
the Health and Safety Code, Chapter 68, Statutes of 1939, as amended,
and shall be used in compliance with all State and County Laws,
ordinances and regulations governing such use, and all such storage
places shall be clearly marked "DANGEROUS EXPLOSIVES".
(f) Preservation of Property: The contractor shall exercise due care to
avoid injury to existing District owned Improvements or facilities,
utility facilities, adjacent property, and other Improvements, and
trees and shrubbery that are not to be removed.
All trees and shrubbery that are not to be removed, and pole lines,
fences, signs, survey markers and monuments, buildings and structures,
conduits, pipelines under or above ground, sewer and water lines, all
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 9
highway or street facilities and any other Improvements or facilities
within or adjacent to the work shall be protected from injury or
damage, and if ordered by the District's representative, the contractor
shall provide and Install suitable safeguards to protect such objects
from injury or damage. If such objects are injured or damaged by
reason of the contractor's operation, they shall be replaced or re-
stored, at the contractor's expense, to a condition as good as when
the contractor entered upon the work, or as good as required by the
specifications, if any such objects are a part of the work being
performed.
The fact that any such pipe or other underground facility is not shown
on the plans shall not relieve the contractor of his responsibility
under this article. It shall be the contractor's reponslblllty to
ascertain the existence of any underground Improvements or facilities
which may be subject to damage by reason of his operations.
(g) Responsibility for Damage: The District, the Board of Directors,
the Engineer or their authorized assistants shall not be answerable
or accountable in any manner for any loss or damage that may happen
to the work or any part thereof, or for any material or equipment
used in performing the work, or for injury or damage to any person
or persons, either workmen or the public, or for damage to adjoining
property from any cause whatsoever during the progress of the work,
or any time before final acceptance of the work.
The contractor shall indemnify and save harmless the District, the
Board of Directors, the Engineer or their authorized assistants from
any suits, claims or actions brought by any person or persons for or
on account of any injuries or damages sustained or arising in the
construction of the work.
(h) Personal Liability: Neither the Board of Directors, the Engineer,
nor any other officer or authorized assistant or agent of the District
shall be personally responsible for any liability arising under the
contract.
(1) Contractor's Reponslblllty for Work: The Contractor shall be respons-
ible for all damages to persons or property that occur as a result of
his fault or negligence in connection with the prosecution of the
contract, and shall be responsible for the proper care and protection
of all materials delivered and work performed until completion and final
acceptance by the District.
The contractor shall provide such sheet covering and enclosures as are
necessary to protect all work and materials against damage by weather
conditions.
The contractor shall take adequate precautions in protecting existing
curbs, trees, sidewalks, pavements, utilities, adjoining property and
structures and avoid damage thereto, and he shall at his own expense
completely repair any damage thereto caused by his operations.
As required by law, the contractor shall shore up, brace, underpin and
protect as may be necessary all foundations and other parts of all
existing structures adjacent and adjoining the site of the project
which are in any way affected by the excavation or other operations
connected with the performance of the work under this contract. Wlien-
ever any notice Is required to be given by the District or the
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 10
contractor to any adjacent or adjoining landowner or other party before
commencement of any work under this contract, such notice shall be
given by the contractor. The contractor shall Indemnify the District
and save it harmless from any damages on account of settlements or
the loss of lateral support of adjoining property, or from all loss
and expense, and from all damages for which the District may become
liable in consequence of such injuries or damage to trees and to
adjoining and adjacent structures and their premises.
In an emergency affecting the safety of life or property, including
adjoining property, the contractor, without special instructions or
authorizations, Is authorized to act at his discretion to prevent
such threatened loss or injury, and he shall so act as though Instructed
to do so by the District.
(J) Mutual Responsibility of Contractors: If through acts of neglect on
the part of the contractor, any other contractor or any subcontractor
shall suffer loss or damage on the work, the contractor agrees to
settle with such other contractor or subcontractor by agreement or
arbitration, if such other contractor or subcontractor will so
settle. If such other contractor or subcontractor shall assert any
claim against the District on account of any damage alledged to have
been so sustained, the District shall notify the contractor, who
shall indemnify and save harmless the District against any such
claim. The contractor must ascertain to his own satisfaction the
scope of the project and the nature of any other contracts that have
been or may be awarded by the District in the prosecution of the
project, to the end that the contractor may perform this contract in
the light of such other contracts, if any.
Nothing herein contained shall be Interpreted as granting to the con-
tractor exclusive occupancy of the site of the project. The contractor
shall not cause any unnecessary hindrance or delay to any other con-
tractor working on the project. If the performance of any contract
for the project is likely to be Interfered with by the simultaneous
performance of some other contract or contracts, the District,
through its representative, shall decide which contractor shall cease
work temporarily and which contractor shall continue, or whether the
work under the contracts can be coordinated so that the contractors
may proceed simultaneously. On all questions concerning conflicting
Interests of contractors performing related work, the decision of said
District's representative shall be binding upon all contractors con-
cerned and the District shall not be responsible for any damages
suffered or extra costs Incurred by the contractor resulting directly
or indirectly from the award of performance or attempted performance
of any other contract or contracts on the project, or caused by a
decision or omission of the District respecting the order of prece-
dence in the performance of the contract.
(k) Notice and Service Thereof: Any notice required or given by one party
to the other under the contract shall be in writing and shall be dated
and signed by the party giving such notice or by a duly authorized
representative of such party. Any such notices shall not be effective
for any purpose whatsoever unless served In the following manner,
namely:
If the notice is given to the District, by personal delivery thereof
to the Secretary, or by depositing the same In the United States mall,
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 11
enclosed in a sealed envelope addressed to the District, P.O. Box 278,
C&rlsbad,California, to the attention of said Secretary, postage pre-
paid and registered.
If the notice is given to the contractor, by personal delivery thereof
to said contractor or to his authorized representative at the site of
the project, or by depositing the same in the United States mail,
enclosed in a sealed envelope addressed to said contractor at his
regular place of business or such other address as may have been
established for the conduct of the work under this contract, postage
prepaid and registered.
(1) Warranty of Title; No materials, supplies or equipment for the work
under this contract shall be purchased subject to any chattel mortgage
or under a conditional sale contract or other agreement by which an
Interest therein or any part thereof is retained by the seller or
supplier. The contractor warrants clear and good title to all materials,
supplies and equipment Installed and Incorporated in the work, and
agrees upon completion of all work to deliver the premises, together
with all Improvements and appurtenances constructed or placed thereon
by him, to the District free from any claims, liens, encumbrances, or
charges, and further agrees that neither he nor any person, firm or
corporation furnishing any material or labor for any work covered by
the contract shall have any right to a lien upon the premises or any
Improvement or appurtenance thereon, provided that this shall not
preclude the contractor from installing metering devices or other
equipment of utility companies or of municipalities, the title of which
Is commonly retained by the utility company or the municipality.
Nothing contained in this article, however, shall defeat or Impair
the right of such persons furnishing materials or labor under any bond
given by the contractor for their protection, or any right under any
law permitting such persons to look to funds 'due the contractor, in
the hands of the District. The provisions of this article shall be
Inserted in all subcontracts and material contracts, and notices of
its provisions shall be given to all persons furnishing materials for
the work when no formal contract Is entered into for such materials.
(m) Termination for Breach; If the contractor refuses or falls to pro-
secute the work or any separable part thereof with such diligence as
will Insure its completion within the time specified herein, or any
extension thereof, or falls to complete such work within such time,
or if the contractor should be adjudged a bankrupt, or If he should
make a general assignment for the benefit of his creditors, or if a
receiver should be appointed on account of his Insolvency, or if he
or any of his subcontractors should violate any of the provisions
of this contract, the District may serve written notice upon the
contractor and his surety of its intention to terminate this con-
tract, said notice to contain the reasons for such intention to
terminate this contract; and unless within ten (10) days after the
service of such notice such violations shall cease and satisfactory
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 12
arrangements for the corrections thereof be made, this contract shall,
upon the expiration of said ten (lO) days, cease and terminate.
In the event of any such termination, the District shall immediately
serve written notice thereof upon the surety and the contractor, and
the surety shall have the right to take over and perform the contract,
provided however, that if the surety within fifteen (I5) days after
the serving upon it of a notice of termination does not give the
District written notice of its Intention to take over and perform
the contract, or does not commence performance thereof within
thirty (30) days from the date of serving said notice, the District
may take over the work and prosecute the same to completion by contract
or by any other method it may deem advisable for the account and at
the expense of the contractor, and his surety shall be liable to the
District for any excess cost or other damage occasioned the District
thereby, and in such event the District may, without liability for
so doing, take possession of and utilize in completing the work such
materials, appliances, plants and other property belonging to the
contractor that may be on the site of the work and be necessary
therefor.
The foregoing provisions are In addition to and not In limitation of
any other rights or remedies available to the District.
(n) Prohibitive Interests: No officer of the District who is authorized
in such capacity and on behalf of the District to negotiate, make,
accept or approve, or to take part in negotiating, making, accepting
or approving any architectural, engineering, inspection, construction
or material supply contract, or any subcontract in connection with
the construction of the project, shall become directly or Indirectly
Interested personally in this contract or any part thereof. No
officer, employee, architect, attorney, engineer or Inspector of
or for the District who is authorized In such capacity and on behalf
of the District to exercise any executive, supervisory or other
similar function in connection with the construction of the project,
shall become directly or indirectly interested personally in this
contract or any part thereof.
SECTION VI - PROSECUTION AND PROGRESS
(a) Subcontracting: Specialty subcontractors shall be utilized for the
performance of such part of the work under this contract as under
normal contract practices are performed by specialty subcontractors,
unless the District determines that the general contractor has hereto-
fore customarily performed such specialty work with his own organiza-
tion and Is equipped to do so, or unless the District determines that
the performance of specialty work by specialty contractors will
result in Increased cost or inordinate delays, provided, however,
that the contractor shall not subcontract any work to be performed
or any materials to be furnished in the performance of this contract
without the prior written consent of the District. If the contractor
shall subcontract any part of this contract, the contractor shall be
as fully responsible to the District for the acts and omissions of
his subcontractor and of the persons either directly or indirectly
employed by his subcontractor as he is for the acts and omissions of
persons directly employed by himself. Nothing contained in the
contract documents shall create any contractual relationship between
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - 13
any subcontractor and the District. The contractor shall bind every
subcontractor (and every subcontractor of a subcontractor) to be
bound by the terms of the contract documents as applicable to his
work, unless specifically noted to the contrary In the subcontract
in question, approved in writing as satisfactory to the District.
(b) Assignment of Contract: The contractor shall not assign this contract
or any part thereof nor any monies due or to become due thereunder,
without the prior written consent of the District. No assignment of
this contract shall be valid unless it shall contain a provision that
the funds to be paid to the assignee under the assignment are subject
to a prior lien for services rendered or materials supplied for
performance of the work called for under said contract in favor of
all persons, firms or corporations rendering such services or supplying
such materials.
(c) Construction Schedule; Within five (5) days after execution of the
contract, the contractor shall deliver to the District's representative
a construction progress schedule in form satisfactory to the District's
representative showing the proposed dates of commencement and completion
of each of the various subdivisions of the work required under the
contract documents, and the anticipated amount of each monthly payment
that will become due the contractor in accordance with the progress
schedule.
(d) Character of Workmen; Any person who may be in the employ of the
contractor and who the District's representative may deem Incompetent
or unfit shall be dismissed from the work and shall not again be
employed on it except with the written consent of the District's
representative.
(e) Temporary Suspension of Work: The District's representative shall
have the authority to suspend the work wholly or in part for such
time as he may deem necessary due to the failure on the part of the
contractor to carry out orders given, or to perform any provision of
the contract. The contractor shall immediately comply with the
written order of the District's representative to suspend the work
wholly or in part. The work shall be resumed when methods or defective
work are corrected as ordered or approved in writing by the District's
representative.
In the event that a suspension of work is ordered as provided above,
such suspension of work shall not relieve the contractor of his respon-
sibility to complete the work within the time limit set forth in
Section II of the Special Provisions, and shall not be considered
cause for extension of the time for completion, and further, such
suspension of work shall not entitle the contractor to any additional
compensation.
(f) Time of Completion and Liquidated Damages; The contractor's attention
is directed to the provisions of Section II of the Special Provisions.
SECTION VII - ESTIMATES AND PAYMENTS
(a) Partial Payments; The District shall on or before the tenth (lO)
day of each calendar month after actual construction work is started,
except In case of final estimate hereinafter provided, cause an
estimate in writing to be made by the District's representative of
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - l4
the total amount of the work done and materials furnished by the contractor
and Incorporated Into the work to the first (1st) day of the month in
which the estimate is made. In estimating such value, the District's
representative may take into consideration, along with other facts and
conditions deemed by him to be proper, the ratio of the difficulty of
the work done to the probable difficulties of the work to be done.
The District shall retain ten percent (10^) of such estimated value
as part security for the fulfillment of the contract by the contractor,
and shall within ten (10) days after the preparation of such estimate
pay to the contractor the balance of such estimated value after de-
ducting therefrom all previous payments and all sums to be kept or
retained under the terms of the contract.
(b) Final Payment: The District's representative shall, after the satls-
factory completion of the work, make a final estimate of the amount of
work done thereunder and the value of said work, and the District shall
pay the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be retained under the provisions
of the contract. All prior partial estimates and payments shall be
subject to correction in the final estimate and payment. The final
payment shall not be due and payable until the expiration of thirty-
five (35) days from the date of acceptance of the work by the District.
No certificate given or payment made under the contract, except the
final certificate or final payment, shall be conclusive evidence of
the performance of the contract, either wholly or in part, and no
payment shall be construed to be In acceptance of any defective work
or Improper materials.
(c) Payments to be made by Contractor; The contractor shall pay:
(1) For all transportation and utility services, not later than the
twenty-fifth (25th) day of the calendar month following that in
which said services are rendered.
(2) For all materials, tools and other expendable equipment to the
extent of ninety percent (90^) of the cost thereof, not later than
the twenty-fifth (25th) day of the calendar month following that
in which said materials, tools andequlpment are delivered at the
site of the project, and the balance of the cost thereof not
later than the thirtieth (30th) day following the completion of
that part of the work in or on which such materials, tools and
equipment are Incorporated or used.
(3) To each of his subcontractors within five (5) days following
each payment to the contractor, the respective amount allowed
the contractor on account of the work performed by his sub-
contractors, to the extent of each subcontractor's Interest therein.
(d) District's Right to Withhold Certain Amounts and Make Application
Thereof: In addition to the amount which the District may retain
under the above, the District may withhold a sufficient amount or amounts
or any payment or payments otherwise due to the contractor as in Its
Judgment may be necessary to cover:
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - I5
(1) Payments which may be past due and payable for Just claims
against the contractor or any subcontractors, for labor or
materials furnished in or about the performance of the work
on the project under this contract.
(2) For defective work not remedied.
(3) For failure of the contractor to make proper payments to his
subcontractor.
The District may apply such withheld amount or amounts to the payment
of such claims in its discretion. In so doing, the District shall be
deemed the agent of the contractor and any payments so made by the
District shall be considered as a payment made under the contract by
the District to the contractor, and the District shall not be liable
to the contractor for such payment made in good faith. Such payments
may be made without prior Judicial determination of the claim or
claims. The District will render to the contractor a proper accounting
of such funds disbursed In behalf of the contractor.
The District may withhold funds due contractor equal in amount to any
and all claims filed with District according to law. District shall
not disburse said funds except under order of Court of competent
Jurisdiction or upon written order of contractor.
SECTION VIII - GUARANTEES
Besides guarantees required elsewhere, the contractor shall and hereby
does guarantee all work for a period of one (1) year after the date
of acceptance of the work >by the District and shall repair and replace
any and all such work, together with any other work which may be
displaced In so doing, that may prove defective In workmanship and/or
materials within the one (1) year period from date of acceptance,
without expense whatsoever to the District, ordinary wear and tear
and unusual abuse or neglect excepted. In the event of failure to
comply with the above mentioned conditions within a week after being
notified in writing, the District is hereby authorized to proceed to
have the defects repaired and made good at the expense of the con-
tractor, who hereby agrees to pay the cost and charges therefor
immediately on demand.
Carlsbad MWD - BEWO 5527 A-B-C Standard Provisions - l6
CARLSBAD MUNICIPAL WATER DISTRICT
San Diego County, California
UNIT "C" - RESERVOIRS
FOR
IMPROVEMENT DISTRICT NO. 3
DETAIL SPECIFICATIONS
SECTION I - GENERAL CONDITIONS.
(a) Water to be Furnished by Contractor: Water for construction and
sterilization shall be furnished by and at the expense of the
Contractor.
(b) Protection and Repair of Existing Pavement and Surfaces: The Con-
tractor shall take precautions to prevent damage to all pavement and
other surfaces outside the limits of necessary excavation, whether
in County or State rights-of-way. District rights-of-way, or private
property. All damaged pavement and surfaces within State or County
rights-of-way shall be replaced in accordance with the conditions
of the permits issued for the construction within the respective
rights-of-way. All damaged pavement or surfaces within District
rights-of-way shall be replaced in kind, and Portland cement concrete,
asphaltic concrete, plant-mixed surfacing, bituminous macadam, road-
mixed surfacing and bituminous surface treatment shall be replaced
to the existing thickness plus one inch (1"). For the purpose of
• this Article, the terms "pavement" and "surfaces" shall be deemed
to include base materials.
(c) Repair and Replacement of Obstructions: All fences, walls, culverts
or other obstructions which are removed, damaged or destroyed in
the course of the work shall be replaced or repaired to original
condition and to the satisfaction of the District's Representative,
by and at the expense of the Contractor.
(d) Foundation, When Ready: Site grading and foundation construction
will be sufficiently completed to permit the erection of the stee^
tank at Line "B" 0.1 MG reservoir site at the expiration of thirty
(30) consecutive calendar days from and after the date of award of
the Contract.
Site grading and foundation construction will be sufficiently completed
to permit erection at each of the other sites as indicated in the
following schedule;
Days After
Site Contract Award
Line "B" 1.0 MG Reservoir Vl^
Line "C" 1.0 MG Reservoir 60
Line "E" 1.5 MG Reservoir 60
Carlsbad MWD - ID #3
BEWO 5527 C Detail Specifications - 1
SECTION II - STEEL RESERVOIR
A. General: The Contractor shall furnish, erect, and paint the steel
reservoirs as shown on the Plans and herein specified. Grading and
paving of the sites,' construction of reservoir foundations, and
construction of drainage facilities ARE NOT a part of the work to be
performed under this Contract. The sites will not be paved until the
reservoirs have been erected and painted.
B. Materials and Workmanship:
Steel Tank; The tank shall be of welded design.
B-1.1. Materials, Design, Fabrication, Erection and Testing;
The materials, design, fabrication, erection and testing
of the reservoirs shall conform to AWWA Specification
DlOO-59 and latest revisions thereof, except as herein
modified. Earthquake load shall be twelve percent (12^)
of the total weight of the dead load plus the weight of
the water in the tank acting horizontally at the center
of gravity.
B-1.11. Plate Thickness: Minimum plate thicknesses shall
be as follows;
Bottom Plates 1/4"
Roof Plates 3/l6"
Shell Plates 1/4"
B-1.2. Shell Plate Design: In calculating the thicknesses of
the plates stressed by the pressure of water for each
reservoir, the pressure at the lower edge of each ring
shall be assumed to act undiminished on the entire
area of the ring. The following formulas shall be used
to determine the shell plate thicknesses:
Reservoir Formula
73 X h
Line "B" 0.1 MG ^ = 12,750
_ 195 X h
Line "B" 1.0 MG ^ " 12,750
t = 195 X h
Line "C" 1.0 MG 12,750
213 X h
Line "E" 1.5 MG 12,750
Carlslpad MWD - ID #3
BEWO 5527 C Detail Specifications - 2
where: t = plate thickness in Inches
h = height of water in feet above lower edge of
ring measured to 0' - 6" above the overflow level
The above formula is based on a maximum tensil stress of
15,000 psi and a welded joint efficiency of
B-1.13. Roof Supports; Roof supports shall conform to
current specifications of the American Institute of Steel
Construction for the Design, Fabrication and Erection of
Structural Steel for Buildings, except that the roof purlin
or rafter depth may be less than I/30 of the span length,
and also except that the maximum slenderness ratio L/r for
columns supporting roofs shall be 175» and also except that
that the ratio LD/BT shall not be restricted for rafters in
contact with the roof sheets. Earthquake rods to stiffen
roof rafters shall be provided.
B-1.2. Tank Appurtenances: The welded steel reservoir shall be equipped
with the following fittings:
1. Inside and outside ladders of the manufacturer's design and
conforming to the requirements of the California State In-
dustrial Safety Division. Outside ladder shall have a
safety cage with swing type locking grate at the bottom.
Safety cage shall be wrapped from top to bottom with No.
9ASW gauge galvanized 2" mesh chain link fencing fabric.
Fabric shall be attached to safety cage with l4 gauge wire
ties and shall be painted the same as the tank.
2. Overflow pipe installed above the ground shall be coal tar
enamel-coated inside and painted outside as specified for
tank exteriors.
3. Roof vents are to be combined with the roof flnial. Vent
shall be round and have a minimum diameter of 48 inches.
4. Roof hatch, twenty-four Inches (24") square.
5. Shell manhole of twenty-four Inches (24") diameter.
6. Inlet-outlet nozzle of size shown on Plans. Nozzle shall be
coal tar enamel-coated inside.
7. Bottom drain nozzle of size shown on Plans. Nozzle shall
be coal tar enamel-coated Inside and painted outside as
specified for tank exteriors.
8. Four foot (4') high hand rail extending six feet (6') each
way of ladders.
Carlsbad MWD - ID #3
BEWO 5527 C Detail Specifications - 3
9. Water level Indicator consisting of a target sliding
vertically between steel guides over a graduated and
numbered eight inch (8") channel iron scale board or
Stend & Jurs aluminum scale board. The scale shall be
graduated to read one foot (1') for each one foot (1')
difference in water level. All moving parts shall be
non-corrosive and materials inside the tank shall be
stainless steel. Indicator assembly shall be Shand &
Jurs No. ST 730-A, or approved equal.
10 . Galvanized steel pipe float or electrode well as shown on
the Plans.
B-2. Welding; Welding procedures and welding operators shall have been
qualified in accordance with the American Welding Society's Stan-
dard Qualification Procedure. Complete penetration and fusion
of butt welded shell Joints is required. Spot examination of the
welded Joints shall be made as the field erection progresses by
the method of cutting sectional specimens from the welded Joints,
or, at the option of the Contractor, by spot radiographic examination.
B-3. Painting: The reservoirs and appurtenances shall be painted in
accordance with AWWA Specification B102-55T, as herein modified.
B-3.1, Preparation of Surfaces; All Interior and exterior
surfaces of the reservoir shall be cleaned by field
sandblasting or by shop pickling.
1. Sandblast Cleaning: All dirt, mill scale, rust, stain
and other foreign matter shall be removed from the steel
surfaces by an approved sandblast apparatus. Sandblasting
shall be sufficient to give the surface the appearance
of unpolished cast aluminum. Only sharp, dry sand of
proper grading to give satisfactory results shall be
used. Unwashed beach sand containing salt or excessive
amounts of silt will not be allowed.
Unless otherwise authorized by the District's Repre-
sentative, sandblasted surfaces shall be primed or
tested the same day sandblasting is done. If cleaned
surfaces rust before painting is accomplished, they
shall be recleaned by the Contractor at his own expense.
Prior to starting the sandblasting or cleaning, the
Contractor shall prepare under the District Represen-
tative's supervision two samples of sandblasted steel
plate complying with this Specification. One sample
shall be kept on the Job with the foreman in charge
of the tank sandblasting for the duration of the tank
cleaning. The other shall become the property of the
District and shall be used by its Representative to
make comparisons with cleaned surfaces.
Carlsbad MWD - ID #3
BEWO 5527 C Detail Specifications - 4
Samples shall be of blasted 3/l6" plates, 4" x 20",
weighing about 5 lbs. and shall be marked by stamping
or staining with 1/4" letters thusly:
Date Prepared
Contractor's Name
Cleaning Subcontractor's Name
Carlsbad I. D. #3^ Unit "C"
After marking, samples shall be sprayed with a light
layer of colorless laquer to prevent rust and soiling.
2. Cleaning by Pickling: The pickling of steel by this
process required four (4) separate distinct operations
as follows:
(a) Pickling in hot diluted sulphuric acid for re-
moval of light rust and mill scale.
SULPHURIC ACID BATH
The combination of acid concentration, temperature
and time immersion in the sulphuric acid bath
shall be such as to insure complete descaling with-
out excessive attack of the parent metal. An
inhibitor shall be used in the bath to prevent
attack of the acid on the true metal after the
scale has been removed.
The bath shall be discarded when the accumulation
of sediment, etc., and the concentration of iron
in solution Interfere with the pickling.
(b) Rinsing in hot water to rid material of acid and
sulphates.
WATER WASH BATH
The material shall be completely rinsed in the
water wash bath before passing to the final bath.
A small flow of water shall be maintained through
the bath so as to prevent excessive acid build-up.
(c) Pickling in hot diluted phosphoric acid to neutralize
all corrosive agencies and to provide a protective
coating and paint base.
DILUTED PHOSPHORIC ACID BATH
The concentration of phosphoric acid shall be from
1.5 to 2.0 percent by weight and the temperature
Carlsbad MWD - ID #3
BEWO 5527 C Detail Specifications - 5
of the bath shall be at least l40 F. The material
shall be Immersed until a thin film of iron phosphate
is formed on the surface. This shall result in a
visible dull gray finish and require from 2 to 5 minutes.
In order to expedite formation of the coating on the
material, a slight iron content shall be maintained in
the bath.
(d) Painting while still hot with specially prepared primers.
SHOP PAINTING OR PICKLED TANK MATERIAL
Pickled material shall be painted with specially pre-
pared red lead, zinc dust and coal tar primers.
Painting shall be done immediately after pickling and
while the material is still warm. In the case of
large assemblies, however, the separate parts may be
pickled before welding. Material shall be allowed to
dry completely before stacking.
B-3.2 Paint and Coatings; In the case of steel which has been shop
primed as part of the pickling process, all bare strips along
field Joints and all other areas damaged during erection shall
be cleaned down to bright metal and patch prime coated with red
lead, zinc dust, and coal tar primers prior to applying the first
over-all field coating.
Except for the special primer applied as a part of the shop
pickling, all painting and coating shall be done in the field
after the erection has been completed.
The roof columns, inside ladders, and the interior surfaces of
the shell and bottom up to the high water level shall receive
one (1) coat of hot applied coal tar enamel. Pickled steel
shall receive one (1) full field coat of primer following
the patch coat. Enamel shall be applied within five days of
priming. Primer shall be Koppers 7OB primer and coal tar enamel
shall be Koppers Bitumastlc 7OB enamel, or approved equals.
The Inside of the roof and the other interior surfaces above the
high water level shall receive three (3) coats of zinc dust paint
DuPont 373-8015 or approved equal. In the case of steel that has
been shop primed as part of the pickling process, only two full field
coats of zinc dust paint need be applied. Successive coats of
zinc dust primer shall be tinted with lampblack paste-in-oll to
contrast in color with the previous coat. The zinc dust and liquid
shall be mixed strictly in the proportions by which the containers
are packaged. Cellosolve shall be added to the paint for the
various coats in accordance with the manufacturer's instructions.
Carlsbad MWD - ID #3
BEWO 5527 0 Detail Specifications
Paint shall be kept thoroughly stirred or agitated at all times
to prevent the zinc dust from settling. Paint shall be applied
with eight (8) hours of mixing. The first full field coat shall
be applied by brush. Successive coats may be applied by brush
or spray.
All exterior metal surfaces shall receive two (2) field coats
of red lead paint and two (2) coats of finish paint, color to
be selected. The shop primer applied following the pickling
process together with the field patch coat shall be considered
to constitute one of the required field coats.
Red lead paint shall conform to Federal Specification TT-T86a,
Type II. The second coat of red lead paint shall be shaded by
the addition of sufficient lampblack to contract sharply with the
coat being covered. Field spray painting of the first coat of
red lead paint will not be permitted.
Finish paint shall be DuPont Dulux metal protective paint, or
approved equal. Color to be selected.
All paint shall be delivered to the site in sealed containers.
In general no thinner will be added to any paint unless speci-
fically authorized by the District's Representative, Such
authorized thinning shall only be done in the presence of the
District's Representative. In no instance shall thinner
be added to red lead primer.
Testing; After erection and prior to painting all of the Joints
in the tank bottom shall be tested by the vacumn method. A water
test prior to painting and coating will not be required.
B-5. Completion of Work: The number of calendar days shown in the
following tabulation represents the number of consecutive calendar
days from and after the date of award of the Contract that tank
coating and painting shall be completed at each site.
Site Days
Line "B" 0.1 MG Reservoir 75
Line "B" 1.0 MG Reservoir 100
Line "C" 1.0 MG Reservoir 120
Line "E" 1.5 MG Reservoir 130
B-6. Sterilization: After the interior painting has been completed,
the reservoirs shall be disinfected. The Interior surface shall
be Jet washed with a chlorine solution having a content of from
300 ppm to 500 ppm. Chlorine solution which accumulates In the
bottom of the tank shall be drained to waste. Rinsing with clear
water is not required.
Carlsbad MWD - ID #3
BEWO 5527 C Detail Specifications - 7